Fitzpatrick's bail revoked during hearing in advance of re-trial in his wife's death
A $1 nominal bail granted to a York County man has been revoked following a hearing regarding the re-trial in the June 2012 death of his wife.
Joseph Fitzpatrick III was granted bail by York County of Common Pleas Senior Judge Richard Renn and released from jail on July 27, 2022, while awaiting a second trial in the case accusing him of staging an ATV crash to cover up the murder of his wife, Annemarie. Pennsylvania Superior Court upheld the decision.
But Fitzpatrick returned to jail shortly after the York County District Attorney's Office appealed and the Superior Court temporarily suspended his release.
First Trial:Joe Fitzpatrick guilty of first-degree murder in wife's drowning
Background:She left a note IDing her husband ‘if something happens to me.’ It won’t be used at retrial.
In 2021, the Pennsylvania Supreme Court ordered a new trial for Fitzpatrick, 49, of Chanceford Township. The court ruled that a note his wife, Annemarie, wrote in her day planner was inadmissible hearsay that inserted “significant prejudice” into the case.
The entry read, "If something happens to me – JOE.”
In addition to the note, she sent an email to herself on the day she died. The subject line said, “if something happens to me.” In the body of the email, it stated, “Joe and I are having marital problems. Last night we almost had an accident where a huge log fell on me. Joe was on the pile with the log and had me untying a tarp directly below.”
Background:Man on trial for allegedly staging wife's death in ATV crash released on $1 bail
Background:State halts one dollar bail for man accused of staging ATV cover-up crash in wife's murder
Renn decided to make Fitzpatrick eligible for nominal bail because of a clause in the state Constitution that says all prisoners should be eligible to receive bail unless an alternative situation can ensure a community's safety without the need for imprisonment.
Fitzpatrick had been held in pretrial incarceration for more than 120 days, which automatically made him eligible for nominal bail.
However, the court reversed Renn’s decision last week, according to the docket.
"The PA Superior Court reversed the trial court's grant of bail and directed Judge Renn to revoke and deny the defendant's bail," said York County District Attorney's Office Chief Administrator Kyle King.
Fitzpatrick was convicted of first- and third-degree murder and involuntary manslaughter in 2015.
He was sentenced to life in prison without parole until the state Supreme Court ordered a new trial.
This article originally appeared on York Daily Record: Bail for Joseph Fitzpatrick III has been revoked
