FELONY CHARGE AGAINST BROCKTON HIGH SCHOOL STUDENT FOR SEXUALLY ASSAULTING A FEMALE STUDENT REDUCED TO MISDEMEANOR SIMPLE ASSAULT & BATTERY, AFTER GERALD J. NOONAN PUSHES THE DA TO PUT ITS VICTIM ON THE STAND.

Client, a junior at Brockton High School, was accused by a female student of sexually assaulting her on a bus ride home from school. The female student alleged that the Defendant inappropriately touched her private areas when sitting next to her on the school bus. Attorney Gerald J. Noonan interviewed other students who were sitting in seats in front, behind, and across from the female student and Defendant. Attorney Gerald J. Noonan discovered that the other students did not witness what the female student alleged to have happened. The students did not witness the Defendant inappropriately touch the female student. In fact, some of the students stated that the female was having a good time on the bus, was laughing, and she did not appear to be in any sort of distress. Attorney Gerald J. Noonan discovered that the female student was having problems in school, had been kicked out of class, and was being disciplined by the school.

Result: Defendant had an open case for which he was on probation. When Defendant was charged with this sexual assault, the DA sought to violate the Defendant and possibly have him locked up or seriously punished. Attorney Gerald J. Noonan moved to have an evidentiary hearing and prove that there was no probable cause to support the sexual assault charge. Attorney Gerald J. Noonan subpoenaed the alleged victim, multiple times, to have her testify at the hearing. Each time she was subpoenaed, the alleged victim refused to appear. Attorney Gerald J. Noonan moved for trial. Prior to the trial, the Commonwealth offered to reduce the felony sexual assault charge to a misdemeanor Assault & Battery and place the Defendant on a very short probation. The client agreed to this offer.