SALEM, Mass. —

North Andover police officer Kelsey Fitzsimmons returned to court on Tuesday, where her trial date was set for Feb. 9.

Much of the hearing focused on the defense’s efforts to get records about the officers involved, such as whether they ever invoked the Fifth Amendment. Prosecutors said such records don’t exist.

Fitzsimmons, 28, is accused of pointing her gun at another officer in a June incident and was shot twice in the chest by another North Andover officer. She was off-duty at the time of the incident.

Fitzsimmons pleaded not guilty.

She remains in custody because she can't or won't submit to alcohol testing. Her lawyers have asked the Supreme Judicial Court to consider letting her out.

The June incident happened as officers served a restraining order on behalf o

See Full Page