Commonwealth v. B.D., and others – Massachusetts Appeals Court

Commonwealth v. B.D., and others
Massachusetts Appeals Court
104 Mass. App. Ct. 161 (2024)

IN A HIGH-PROFILE CASE, ATTORNEY PATRICK J. NOONAN WINS APPEAL AFFIRMING THE DISMISSAL OF SEX-TRAFFICKING CHARGES AGAINST FIVE DEFENDANTS. 

Five Defendants were charged with Trafficking a Person for Sexual Servitude pursuant to G.L. c. 265, §50(a), which carries a minimum-mandatory prison sentence of 5 years. The police placed an advertisement online posing as prostitutes. The advertisement listed the sexual services offered by the fictitious prostitute and contained a phone number for the prostitute. Defendants contacted the phone number, believing that they were communicating with a prostitute. In reality, Defendants were speaking to an undercover officer, posing as the prostitute. Defendants exchanged text messages with the undercover officer where they discussed the payment of money in exchange for sexual services. The undercover officer instructed the Defendants to meet at a hotel for the exchange. When each Defendant arrived at the hotel, they were arrested. Attorney Patrick J. Noonan was successful in convincing the Superior Court to dismiss the sex-trafficking charges for lack of probable cause and the Commonwealth appealed the dismissal to the Massachusetts Court of Appeals. Attorney Noonan argued the case for the Defendants on appeal. The Appeals Court agreed with Attorney Noonan that the Defendants conduct did not constitute sex-trafficking and the order dismissing the sex-trafficking charges was affirmed. This case was published in Massachusetts Lawyers Weekly for its significance.