Her legal team appealed the order to the state Supreme Judicial Court. On Wednesday, Supreme Judicial Court Justice Elizabeth Dewar upheld McCarthy-Neyman's order, concluding "the judge did not commit an error of law or otherwise abuse her discretion."
Dewar also noted that Fitzsimmons could still request to be released if she can show new information that was not known at the time of her hearing in September.
Fitzsimmons had been ordered to submit to SCRAM alcohol testing, which requires her to breath into a tube.
Fitzsimmon's attorneys, Timothy Bradl and Martha Coakley, said in court filings in September that their client's injuries from the shooting -- including "severe lung, diaphragm, and liver damage along with broken ribs" -- has made her breathing difficult and she was unable "to do the testing without experiencing severe abdominal pain and dizziness."
Bradl and Coakley asked the court to relieve Fitzsimmons of the SCRAM alcohol monitoring condition, but McCarthy-Neyman ruled that without it, the court could not "ensure the safety of the community" and ordered Fitzsimmons held without bail, according to court records.
In their appeal to the SJC, Bradl and Coakley criticized McCarthy-Neyman's ruling to revoke Fitzsimmons's release and to deny a motion for reconsideration that included an email from a probation officer who said the only alternative to SCRAM testing was urine screens at a probation vendor.
"Counsel expected a short hearing where the defense reported the difficulties and had an alternative method of alcohol testing put in place," the attorneys wrote. "Instead, a completely improper nightmare scenario ensued."
"Rather than utilizing a readily available, common alternative method of alcohol testing, the court surrendered the petitioner back to jail without a legal basis or a request to do so," they added. "She berated and shut down the probation officer, cut off counsel and walked off the bench while undersigned was arguing for his client."
Marina Moriarty, an Essex assistant district attorney, argued for the SJC to deny the defense's petition, writing that McCarthy-Neyman "acted prudently and deliberately in considering the Commonwealth's request for detention" and resorted to detention "as a last resort."
"The defendant has not demonstrated that she made an error of law or abused her discretion," Moriarty wrote.
Bradl and Coakley could not immediately be reached for comment Thursday.
Fitzsimmons was shot June 30 as fellow officers were serving her with a restraining order obtained by the child's father, a North Andover firefighter, in Essex Probate and Family Court.
In court documents, he said Fitzsimmons had assaulted him and he feared she might kill their infant son "at any moment."
Fitzsimmons was involuntarily committed for treatment of postpartum depression in March, less than a month after giving birth, according to court records.
She was shot after she allegedly pointed a pistol at Officer Patrick Noonan and pulled the trigger once, court records show. Fitzsimmons's weapon was not loaded, and when she went to add ammunition, Noonan shot her in the chest, according to police reports.
Fitzsimmons has denied aiming at Noonan, whom she described as a friend, and said she was pointing the gun at her own head.
"My firearm was never pointed in any direction other than my temple," Fitzsimmons said in a statement in July. "When I pulled the trigger, my gun did not fire. However, I immediately got shot in the chest by my colleague and friend."
Fitzsimmons next court date is Nov. 25 in Salem.