Commonwealth v. Fitzpatrick

Billings, Thomas P., J.

For the reasons that follow, the Commonwealth’s Motion in Limine to Admit New Hampshire Toll Records is ALLOWED.

FACTS

The defendant (“Fitzpatrick”), a resident of Freedom, New Hampshire, is charged with having committed a double murder in Wakefield, Massachusetts on the morning of March 13, 2006. There were no eyewitnesses. The circumstantial evidence against Fitzpatrick includes the fact that at 8:41 the morning of the murder an E-ZPass transponder belonging to Fred Martin, a neighbor of Fitzpatrick, was recorded traveling northbound through the Dover, New Hampshire…