DOMESTIC ASSAULT & BATTERY CHARGE AGAINST MBTA WORKER DISMISSED AT TRIAL.

Rockland Police were dispatched to a residence in Rockland in response to a 911 call from the Defendant’s girlfriend who reported that her boyfriend, the Defendant, had hit her in the face with an open hand several times. She alleged that the Defendant made vulgar statements toward her. Prior to calling 911, Defendant allegedly pounded his fist against the door to the home scaring the girlfriend and her 15 year-old daughter. When she was calling 911, Defendant made threatening statements to her. The girlfriend remained on the phone with 911 until police arrived. When police arrived, the girlfriend had locked herself inside her home and locked the Defendant out of the house. At the scene, the officer observed redness to the left side of the girlfriend’s face consistent with being recently struck in the face. When police arrived, Defendant was outside the home in the driveway. After speaking to the girlfriend, police arrested the Defendant who made no statements to police. After his arrest, the girlfriend made a written statement to the police regarding the abuse and later obtained an Abuse Prevention Restraining Order against the Defendant.

Attorney Gerald J. Noonan prepared the case for trial. Attorney Noonan obtained a transcript of the restraining order hearing where the girlfriend stated, under oath, that the Defendant did not hit her. In addition, Attorney Noonan obtained, by court order, statements the girlfriend made to the DA’s Office in which she stated, again, that the Defendant did not hit her.

Result: On the date of trial, Attorney Gerald J. Noonan was ready to try the case and ready to exclude the 911 call from evidence along with other hearsay statements made by the girlfriend. In addition, Attorney Noonan was ready to introduce statements made by the girlfriend in which she stated that the Defendant did not hit her. On the day of trial, the DA moved to dismiss.