North Andover officer shot by colleague argues judge is biased and should be removed

"Judge Kathleen McCarthy-Neyman has shown that she is biased against Fitzsimmons, lawyers for the North Andover officer wrote in a recusal motion that was filed in Essex Superior Court. McCarthy-Neyman made a "subjective personal" finding that Fitzsimmons is dangerous and has a vested interest in the outcome of the case, Fitzsimmons's lawyers argue. They also point to alleged interactions between McCarthy-Neyman and an assistant probation officer."

"McCarthy-Neyman came to the probation officer's office in September, a day before a hearing regarding the case, to ask about Fitzsimmons's compliance with the terms of her probation. The officer told McCarthy-Neyman that Fitzsimmons had not violated the terms of her release and that he had had email correspondence with Fitzsimmons's lawyers. These emails are "favorable to the defense," and the officer said that they were likely to be attached to a motion for relief. McCarthy-Neyman grew upset and abruptly left the office."

""There was no legal justification for the court visiting his office and conducting its own investigation outside the presence of defense counsel, off the record, and without subsequent disclosure to the defense," Fitzsimmons's lawyers wrote. Fitzsimmons was briefly released during this time on conditions including that she submit to regular alcohol testing. But the injuries Fitzsimmons sustained in the shooting prevented her from safely breathing into the testing device, and McCarthy-Neyman ruled that Fitzsimmons had to return to jail because she could not comply."

Kelsey Fitzsimmons, a North Andover police officer shot by a colleague last June, filed a motion seeking recusal of Judge Kathleen McCarthy-Neyman. Fitzsimmons's lawyers allege the judge is biased, claiming McCarthy-Neyman made a 'subjective personal' finding that Fitzsimmons is dangerous and improperly engaged with an assistant probation officer. The judge reportedly visited the probation officer's office before a hearing, inquired about probation compliance, reacted to defense-favorable emails, and abruptly left. Lawyers contend the judge conducted an off-the-record inquiry without defense counsel and later reinstated Fitzsimmons to jail after ruling she violated alcohol-testing conditions due to injuries sustained in the shooting.

Read at Boston.com