ASSAULT & BATTERY: NOT GUILTY
ASSAULT & BATTERY w/ DANGEROUS WEAPON: NOT GUILTY
Client, and five other teenage Defendants, were all indicted on charges in connection with a house party in East Bridgewater. The parents of a high-school teen had gone away to Paris on vacation while there 18 year-old son stayed with neighbors. One acquaintance suggested a party but the homeowner’s son refused. Nevertheless, messages were sent throughout Facebook that there was a party at the East Bridgewater home. At the party, Defendants allegedly caused more than $50,000 in property damage. Police reported that blood and urine were smeared on the floors and walls, marble countertops were cracked, an antique couch was set on fire, windows were broken, jewelry, electronics and golf clubs were stolen. The homeowner’s truck door had been ripped when one defendant struck a parked car. The Commonwealth alleged that the alleged victim (a guest at the party) was thrown to the kitchen floor and was kicked repeatedly by the Defendant and others. The Commonwealth granted the alleged victim immunity to testify against the Defendant and others involved in the attack.
First, Attorney Gerald J. Noonan thoroughly discredited and impeached the alleged victim by eliciting testimony of his violent character and propensity. See Commonwealth v. Adjutant, 443 Mass. 649 (2005). On cross-examination, Attorney Noonan elicited testimony that the alleged victim consumed approximately seven beers and was intoxicated. Attorney Noonan elicited testimony that the alleged victim (prior to the incident in the kitchen with the defendant) participated in an attack on another party-goer by hitting him in the face and throwing him down the stairs.
Second, Attorney Noonan’s raised the “Martin defense” or defense of others arguing that the Defendant used reasonable force against the alleged victim to defend another party-goer who was being attacked in the kitchen by the alleged victim. See Commonwealth v. Martin, 369 Mass. 640 (1976). Attorney Noonan elicited testimony that the alleged victim was “pumped up” and “wanted to get it on” and that he challenged another party-goer to a fight saying, “I want to fight you. Let’s fight.” Another witness testified that she told the alleged victim “to relax” and attempted to calm him down and told him, “Leave the kid alone.” Another witness testified that he attempted to calm down the Defendant and said to him, “Who cares about who can beat who up? Just relax.” As the alleged victim was challenging the other party-goer to a fight, the party-goer’s back was to the refrigerator in the kitchen. The Defendant intervened to diffuse the situation before it became physical. Attorney Noonan elicited testimony that the alleged victim (not the defendant) was the initial aggressor in the melee having punched the Defendant in the face. The Defendant, acting in self-defense and in defense of others, returned fire. With regards to the dangerous weapon indictment (shod foot), Attorney Noonan elicited testimony from a percipient witness that she did not see the Defendant kick the alleged victim while he was laying on the kitchen floor.
Result: At the conclusion of the five-day trial, Attorney Gerald J. Noonan gets Not Guilty verdicts on all charges against his client while four of the defendants were convicted.
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