Gerald J. Noonan

Trial Record: Not Guilty Verdicts

As a criminal defense attorney, Attorney Gerald J. Noonan had tried over 250 trials to verdict. The following is a representative sample of some of Attorney Noonan’s successful trials, resulting in not guilty verdicts, but this is not a complete list of his successful trials, as there are too many to list. Attorney Gerald J. Noonan has never lost a trial where his clients were charged with sex offenses, including but not limited to Rape, Indecent Assault & Battery, and Open & Gross Lewdness.

• Armed Assault to Rob and ABDW: In a highly publicized case, the victim testified at trial that he was shot three times at close range by the Defendant and robbed by knifepoint. Witnesses found him on the ground, bloody and almost dead. He was hospitalized for a month. At the trial, Attorney Gerald J. Noonan effectively challenged the victim’s identification of the Defendant as the person who shot and robbed him, highlighted the shoddiness of the police investigation, and introduced medical evidence, which contradicted the victim’s testimony. The Defendant was found not guilty of all charges, including Armed Assault to Rob and Assault & Battery with a Dangerous Weapon. Commonwealth v. F.T., Brockton Superior Court (1995)
• Child Rape x 4, Indecent Assault & Battery x 5, Obscene Matter x 2: The victim, the child of the Defendant’s former girlfriend, reported to the police that he had been forcibly raped and sexually abused by the Defendant from the age of 5 through age 12, and the Defendant had shown him pornographic videos and magazines. Attorney Gerald J. Noonan introduced evidence that the alleged victim had a strong motive to lie because the alleged victim made the first complaint while he (the alleged victim) was being interrogated by a detective for committing a series of sexual assaults on children in the neighborhood, and the alleged victim falsely accused the Defendant to avoid a conviction and mandatory sex offender registration. The jury found the Defendant not guilty of all indictments. Commonwealth v. B.P., Brockton Superior Court (2012)
• Motor Vehicle Homicide (0.32% BAC): It was alleged that the Defendant, who had a blood-alcohol concentration of 0.32%, was speeding on Route 138 when he smashed into another vehicle killing the other driver. The Defendant was charged with Motor Vehicle Homicide while Operating under the Influence of Alcohol. Attorney Gerald J. Noonan examined the crash scene, tire marks, the damage to both vehicles, and utilized an expert accident reconstructionist. Attorney Noonan was able to successfully prove that the other driver was responsible for the accident because the other driver made an improper left hand turn into the Defendant’s travel lane and the Defendant did not have enough time to avoid the collision. Attorney Noonan was also able to suppress the results of the Defendant’s blood alcohol level. Commonwealth v. J.B., Taunton District Court (1988)
• Child Rape and Indecent Assault & Battery: The Defendant was residing at the home of his brother and 11-year-old niece. The Defendant’s bedroom shared a wall to the victim’s bedroom and the victim’s parents discovered a “peephole” in the wall of the Defendant’s bedroom, peering into the victim’s bedroom. The victim claimed that the Defendant filmed her in the shower. The victim told the police that the Defendant digitally penetrated her vagina, while she was asleep on the couch in the living room. Attorney Gerald J. Noonan introduced evidence that the victim’s brother was sleeping next to her on the sofa, and another sibling was sleeping on the floor, and those percipient witnesses did not hear or see anything. Attorney Noonan elicited shocking testimony where the victim changed her testimony; stating that the Defendant digitally penetrated her vagina with five fingers on the sofa, a gruesome form of forcible rape, yet the victim continued sleeping on the couch for the rest of the night and she experienced no pain, injuries, or physical effects, which would follow from such a rape on an 11 year-old girl, who weighed only 70-80 lbs. The jury found the Defendant not guilty of all charges. Commonwealth v. R.M., Brockton Superior Court (2011)
• Assault & Battery Dangerous Weapon and Assault & Battery: In a nationally publicized case, a high-school student threw a party while his parents were away on vacation, which turned into utter chaos with attendees causing $50,000 in property damage. The alleged victim testified that the Defendant threw him down on the kitchen floor and repeatedly kicked him with a shod foot (dangerous weapon). Attorney Gerald J. Noonan introduced evidence that the intoxicated victim, who had a prior history of violence, had attacked another partygoer and the Defendant intervened to protect that partygoer. The Defendant was found not guilty of all charges. Commonwealth v. D.C., Brockton Superior Court (2011)
• Possession with Intent to Distribute and School Zone Violation: While officers were on foot patrol in a high crime area, they received a tip from an informant that a tall black male was dealing crack cocaine from his SUV outside a bar, which was located within a school zone. Police interviewed the bartender, who stated that the Defendant was distributing crack to other patrons that night. One officer was familiar with the Defendant. Officers observed the Defendant walking down the street, enter a convenient store, and toss something in a trash can. The officer searched the trash can and found crack cocaine. Officers then arrested the Defendant who was in possession of two cell phones and $1,430 in cash. At trial, Attorney Gerald J. Noonan attacked the officer’s credibility by introducing photographs and measurements showing that it was physically impossible for the officer to see the Defendant toss something in the trash can, and the so-called littering violation was a ruse to claim that police had reason to stop the Defendant. The jury found him not guilty of all charges. Commonwealth v. M.S., Brockton Superior Court (2007)
• Assault & Battery Dangerous Weapon and Mayhem: At a large party in the woods, with 80 teenagers in attendance, the victim stated that he was jumped by a group of others, punched, kicked, and stomped on. The victim’s eye was permanently disfigured. The victim, who knew the Defendant, identified him as one of the attackers. Prior to trial, Attorney Gerald J. Noonan located and interviewed witnesses to the attack, a colossal undertaking, as most witnesses were uncooperative. At trial, Attorney Gerald J. Noonan called several witnesses who witnessed the attack, these witnesses knew the Defendant, and these witnesses testified that the Defendant was not involved in the attack. The jury found him not guilty of all charges. Commonwealth v. S.K., Brockton District Court (2001)
• Indecent Assault & Battery x 2: The Defendant owned on a rental property on Cape Cod. The victim was a tenant and resided there for several years. Every summer, the Defendant rented rooms to college students, who traveled from abroad, to work in restaurants. The victim claimed that she had been sexually assaulted by the Defendant on diverse dates between 2008-2010. Attorney Gerald J. Noonan introduced evidence that the victim had a motive to falsely accuse the Defendant because the Defendant had instituted court proceedings to evict for nonpayment of rent, she vigorously opposed the eviction, and she wanted to remain in the apartment so she wouldn’t be homeless. Attorney Noonan called three college students, who traveled from Moldova to testify; they testified to attending several parties during the summers of 2008-2010 with the Defendant and the victim, and pictures from those parties were introduced, showing the victim and the Defendant together, happy, and having a good time. Attorney Noonan called another witness, another tenant, who was the victim’s roommate, and resided with her during the time of the alleged abuse. Although the roommate was very close with the victim, they shared personal information with each other, and the victim was comfortable sharing sensitive personal information, the victim never mentioned anything about the Defendant or any abuse to her friend and roommate. The jury found him not guilty of two-counts of Indecent Assault & Battery. Commonwealth v. G.A., Orleans District Court (2014)
• Assault with Intent to Murder: The victim, the Defendant’s wife, told police that the Defendant returned home from drinking excessively, and he passed out in the bathroom, striking his head on the floor. She woke him up and the Defendant became enraged. He tied her up with an electrical cord from the VCR in the bedroom, he retrieved military knives, threatened to stab her, and proceeded to throw knives in her direction; many of the knives leaving holes in the wall. The Defendant then proceeded to trash the home, kicked in doors, and smashed furniture. The victim was able to untie herself and she ran out of the house and into the woods. The Defendant pursued her through the woods. She called 911, hiding in the woods behind a tree. When the police arrived, they found the Defendant lying on the ground in the woods. Attorney Gerald J. Noonan presented evidence that the Defendant, a firefighter, suffered from post-traumatic stress disorder from his service in 9/11 where his role was in the recovery of dead bodies. The Defendant’s PTSD caused him to become an alcoholic. On the night of the incident, the Defendant’s PTSD was triggered by the 10-year anniversary of 9/11. Attorney Noonan presented evidence that the Defendant’s PTSD, coupled with his extreme alcohol intoxication, negated his specific intent to murder his wife. The jury credited his defense and found him not guilty of Assault with Intent to Murder. Commonwealth v. R.P., Brockton Superior Court (2015)
• Trafficking Cocaine and School Zone Violation: Police received a tip that drugs were being sold from an apartment. Police conducted surveillance of the apartment and observed activity consistent with drug transactions. An undercover purchased cocaine from the Defendant inside his apartment, which was located near a school zone. Police executed a search of the Defendant’s apartment and found 58 plastic bags of cocaine (72 grams), another plastic bag of cocaine (46 grams), another plastic bag of cocaine (17 grams), and $1,000 in cash. At a bench trial, Attorney Gerald J. Noonan convinced the trial judge that the Commonwealth’s evidence was insufficient to support the convictions, and the Defendant was found not guilty of all indictments. Commonwealth v. J.B., Brockton Superior Court (1993)
• Assault by Dangerous Weapon and Witness Intimidation: The victim went to court to take out charges against the Defendant for harassing her. When she left the courthouse, she saw that the Defendant was driving behind her, he was pointing a knife at her, he put the knife to his throat, in a motion of slicing her throat, he was throwing rocks at her vehicle, demanded that she pull over, and forced her off the road. She called the police, reported the incident, identified the Defendant, and provided the license plate. The police stopped the Defendant and recovered a fishing knife in his vehicle. At trial, Attorney Gerald J. Noonan argued that the victim was lying because the Defendant had just left the courthouse, after taking out a restraining order against her, and she knew that he possessed a unique fishing knife. After a three-day trial, Attorney Gerald J. Noonan won not guilty verdicts on all charges. Commonwealth v. G.K., Fall River District Court (1995)
• Distribution of Cocaine and School Zone Violation: An undercover officer testified that he purchased cocaine from the Defendant outside 96 West Elm Street; located within a school zone. After the drug sale, officers were dispatched to the area, and they arrested the Defendant who matched the description provided by the undercover officer. At trial, Attorney Gerald J. Noonan argued that the police arrested the wrong man and presented compelling evidence that the officers mistakenly identified the Defendant as the drug dealer. The jury found the Defendant not guilty of all indictments. Commonwealth v. M.M., Brockton Superior Court (1997)
• Larceny of Firearm, Larceny of Drugs, Breaking & Entering, Witness Intimidation: Police were dispatched to a residence where the homeowner reported that somebody broke into safe, stole two firearms, and her prescription medication. The homeowner told the police that the Defendant, and another man, were in her home, one day before the breaking and entering, and they asked where she kept her firearms and medication. After reporting the incident to the police, the homeowner stated that the Defendant approached her and threatened to harm her if she testified against him. After a two-day trial, Attorney Gerald J. Noonan won not guilty verdicts on all charges. Commonwealth v. K.C., Taunton District Court (2007)
• Assault & Battery Dangerous Weapon on Child: The Defendant’s 11-year-old son testified that the Defendant beat him with a wooden spoon on the buttocks. The prosecution introduced photographs of linear bruises on the child’s buttocks. Attorney Gerald J. Noonan successfully presented the defense of parental privilege and that the Defendant’s actions were legal, and reasonable, to physically discipline his son for his misbehavior. After a two-day trial, the Defendant was found not guilty. Commonwealth v. C.M., Taunton District Court (2022)
• Open & Gross Lewdness: The Defendant, a high school student, was accused of masturbating on a school bus. The Commonwealth introduced a surveillance video from inside the bus, showing the Defendant with his hand down his pants and moving his hand around his crotch area. Another student, the victim, seated several rows back from the Defendant, testified that she saw the Defendant’s exposed penis. The defense, Gerald J. Noonan and Patrick J. Noonan, called a witness, another student, who was sitting next to the Defendant, sharing the same seat, but he did not observe his exposed penis, or anything resembling masturbation. Through Attorney Gerald J. Noonan’s cross-examination of the victim, the defense was able to elicit testimony negating an essential element of the offense and the trial judge issued a directed verdict. The Defendant was found not guilty. Commonwealth v. C.M., Brockton District Court (2016)
• Rape by Force x 2: The Defendant and his friend had two girls over their apartment for a party. They were drinking and partying. The Defendant’s friend and his female companion slept on a futon. The Defendant and the victim slept in his bed, which was located just a few feet from the futon. The victim testified that the Defendant forcibly raped her on his bed, she resisted, there was a struggle, she fought him off, and she ran to the bathroom upstairs. While in the bathroom, the other female entered and noticed that the victim was upset and crying, and she wanted to leave the house right away. When the victim returned to her college campus, she told her roommate that she had been raped. The Commonwealth introduced DNA evidence confirming that they had sexual intercourse. Attorney Gerald J. Noonan presented a defense that the sex was consensual and introduced evidence that they had consensual sex in the past. Attorney Noonan argued that the victim had a motive to lie, and claim rape, because she was cheating on her boyfriend. Attorney Noonan introduced photographs of the exact location of the Defendant’s bed and the futon. The two witnesses, who were sleeping on the futon, mere feet away from the alleged rape, testified that they did not hear or see anything. The jury found the Defendant not guilty of all charges. Commonwealth v. B.S., Brockton Superior Court (2015)
• Distribution of Cocaine: Police received information that the Defendant was running a cocaine operation out of his apartment. Police had a confidential informant go into the Defendant’s apartment to purchase cocaine. The Defendant sold several bags of suspected cocaine to the informant. Unbeknownst to the prosecution, the Defendant would mix and package white powders to give the appearance of cocaine and would sell phony cocaine to some buyers. At trial, the Commonwealth introduced a Drug Certificate attesting that one of the plastic bags, sold to the informant, testified positive for cocaine. At trial, Attorney Gerald J. Noonan had a chemist testify that he independently tested the remaining bags, but none of them tested positive for cocaine. Attorney Gerald J. Noonan argued to the jury that the Commonwealth’s Drug Certificate for purported cocaine was questionable, given that every other bag was found not to be cocaine, creating reasonable doubt in the minds of the jury. The Defendant was found not guilty of all charges, including Distribution of Cocaine, Possession with Intent to Distribute Cocaine, and Conspiracy to Violate Drugs Laws. Commonwealth v. J.D., Brockton District Court (1989)
• Operating under the Influence: Attorney Gerald J. Noonan has successfully tried and won many trials for clients charged with Operating under the Influence of Alcohol or Drugs. Attorney Noonan has won not guilty verdicts in approximately 75 OUI trials.