Kelly brandished documents in court that showed Fitzpatrick vouched for rogue FBI agents during the same time he claims he complained about their behavior. Fitzpatrick apparently signed off on glowing FBI evaluations of disgraced and now-jailed Connolly, and even signed off on a recommendation for him to go to a Harvard program.
On redirect questioning, Fitzpatrick defended his book to the jury.
"The book is about the criminal justice system," he said. "In my estimation the criminal justice system failed, it failed during this whole situation. I wanted to bring it to light, not just for the public, for my family."
Fitzpatrick, who is still fighting to receive the full amount of his pension, plans to write another book on this trial, he said in court.
Jury will not be sequestered
Despite a request by the defense, Judge Denise Casper decided Tuesday not to sequester the jury, saying this late in the trial the jury was unprepared, and it could be prejudicial to both sides to have a disgruntled jury.
Defense attorney J.W. Carney previously argued that there has "never been a more widely publicized or sensational case in this district," saying there has been saturated media coverage and "statements that are so hyperbolic and prejudicial towards the defendant ... unlike anything anyone has seen."
The judge said her initial instructions to the jury have been reinforced "more importantly by my repeatedly advising them that they not pay attention to media accounts." She also said she does not expect a "great amount of coverage during deliberations."
"We have to assume the jurors are following my instructions," she said Tuesday morning.
"I am not inclined to inconvenience these jurors at this juncture," she said, particularly when they have had "no notice" of the potential of sequestration.
The defense has so far called two of its estimated 15 witnesses. It took the prosecution 30 days and 63 witnesses to present its case, which it wrapped up Friday.