Commonwealth v. Jane Doe

CRIMINAL COMPLAINTS FOR BREAKING & ENTERING AND LARCENY AGAINST CERTIFIED NURSING ASSISTANT DISMISSED AT CLERK-MAGISTRATE HEARING

The alleged victim went to the Brockton Police Department reporting that the mother of his one year-old daughter (defendant) broke into his vehicle and stole his cell phone. Officers called the Defendant in an effort to obtain the victim’s cell phone but the Defendant was uncooperative and argumentative with officers. The Defendant eventually returned the victim’s phone but it was smashed and damaged. As a result of the victim’s allegations, Brockton Police sought criminal charges for Breaking and Entering in the Daytime with the intent to commit a felony (G.L. c. 266, §18) and Larceny under $1,200 (G.L. c. 266, §30).

Result: At the Clerk-Magistrate Hearing, Attorney Gerald J. Noonan argued that there has been a contentious relationship between the Defendant and the alleged victim. Several years ago, Attorney Noonan’s client was the victim of an assault by the alleged victim, which resulted in the father being charged. There were contentious proceedings in the Probate and Family Court between the parties over custody of the child and child support. Defendant became upset over the father’s infidelity. Defendant was being harassed by the father’s current girlfriend. Defendant was further upset about the fact that she was working as a CNA and supporting the child without any support from the father. The alleged victim appeared at the Clerk’s Hearing and Attorney Noonan, along with the Clerk-Magistrate, mediated the dispute between them. The parties were able to mediate the dispute and the criminal complaints were dismissed.