Commonwealth v. D.R. – Middlesex Superior Court

DA’S OFFICE ARGUES THAT DEFENDANT IS TOO DANGEROUS TO RELEASE FROM JAIL BUT ATTORNEY PATRICK J. NOONAN WINS HIS CLIENT’S RELEASE.

A Grand Jury returned 7 indictments against the Defendant for: Kidnapping, Assault & Battery on an Elderly Person, Assault & Battery with Dangerous Weapon on an Elderly Person (two counts), Assault & Battery with a Dangerous Weapon Causing Serious Bodily Injury, and Assault & Battery on an Elderly Person Causing Serious Bodily Injury.

Defendant resided in the same home with his 83 year-old mother, the alleged victim. Police received a call from the alleged victim’s other son who was concerned that the Defendant may have the mother tied to a chair. A police officer was dispatched to the home. The officer looked into the window and saw the alleged victim lying on a couch waving her arms in the air. The officer went to the side door. Defendant opened the door and allowed the officer inside. The officer observed dried blood on the Defendant’s shirt. The officer heard the alleged victim yelling for help from the living room. As the officer made his way to the living room, he observed dried blood droplets on the floor. The alleged victim told the officer that the Defendant had assaulted her the day before. Specifically, she alleged that the Defendant threw her walker at her leg causing a laceration to her leg. She claimed that the blood droplets on the floor were from her leg injury. Photographs were taken of the leg laceration. She was taken to the hospital.

From that point on, the alleged victim would go on to make a series of false allegations against the Defendant. She alleged that the Defendant held her against her will. She alleged that he took the phone away to prevent her from calling for help. She alleged that the Defendant physically abused her, on multiple occasions, to the point where she needed to go to the hospital. She alleged that the Defendant would not feed her. She alleged that the Defendant would make awful statements to her. She alleged that the Defendant stole money from her. She believed the Defendant would kill her. The Defendant denies all these false allegations.

On January 5, 2017, the DA’s Office requested that the Court hold the Defendant in custody (in jail) for 90 days or until his trial because he was too dangerous to release. As the Defendant was in jail awaiting his Dangerousness Hearing, he retained Attorney Patrick J. Noonan. Attorney Noonan dropped everything he was doing and came to his client’s aid.

Result: After a two-day hearing, Attorney Patrick J. Noonan was successful in getting his client released from jail. If the Judge sided with the DA, the client would have been held in jail for 90 days or until his trial.