Lawyers for North Andover Police Officer Kelsey E. Fitzsimmons, who was shot after allegedly pointing a gun at a fellow officer, filed a motion Monday in Essex County Superior Court to require the judge overseeing the trial to step aside.
The motion, filed by attorneys Timothy J. Bradl and Martha Coakley, ask that Judge Kathleen McCarthy-Neyman—who they say has lived in North Andover for about 25 years, be recused.
“As grounds, it is apparent that a reasonable disinterested observer, being apprised of the facts of the judge’s involvement in the case, would conclude that there is a lack of impartiality or at a bare minimum, an appearance that the judge’s impartiality might reasonably be questioned,” lawyers wrote in the filing.
Fitzsimmons is facing a charge of assault by means of a dangerous weapon.
Lawyers wrote McCarthy-Neyman was assigned to handle civil business in Salem Superior Court, but inexplicably “appeared and handled both the bail petition and the arraignment) of Fitzsimmons) in the criminal session without any verbal or written explanation in court or on the docket.”
Further, they argue, the judge prevented any potentially favorable family court custody or visitation orders, displayed a “prejudiced demeanor and actions” at a pre-trial hearing last Sept. 11 and had an “undisclosed conversation with Assistant Chief Probation Officer Jeff January” the day before the court revoked Fitzsimmons’ bail.”
The filing notes North Andover Police Officer Patrick McCarthy Noonan, “shot and almost killed another North Andover police officer, defendant Kelsey Fitzsimmons. The police immediately adopted and believed the story of the shooter officer and never sought to interview Ms. Fitzsimmons, who fought for her life for 53 days in Massachusetts General Hospital.