Commonwealth v. J.N. – Taunton District Court

DEFENDANT CHARGED WITH DOMESTIC ASSAULT & BATTERY AFTER WIFE CALLS 911 AND TELLS POLICE THAT HER HUSBAND HIT HER, BROKE HER ARM, AND POLICE TOOK PHOTOS OF SWELLING AND BRUISING TO HER ARM, BUT ATTORNEY GERALD J. NOONAN GETS CASE DISMISSED AT TRIAL

Easton Police received a 911 call from the Defendant’s wife who reported that her husband just hit her and she wanted him out of the house as soon as possible. She told the 911 operator that her arm was broken and swollen. Upon arrival, police observed that the wife’s arm was swollen. Color photographs taken by police show swelling and bruising to the wife’s arm. At the scene, the wife told police that the Defendant struck her in the face and grabbed her by the arm. Police arrested the Defendant for Assault and Battery on a Family / Household Member (G.L. c. 265, §13M). After his arrest, the wife obtained a restraining order against the Defendant.

Result: At trial, Attorney Gerald J. Noonan was ready to exclude the 911 tape from coming into evidence on the grounds that the audio recording of the wife’s call did not meet the rules of evidence. Prior to trial, Attorney Gerald J. Noonan placed the prosecutor on notice that he was going into introduce evidence of prior instances of violence initiated by the wife where the wife had punched the Defendant on six prior occasions. Attorney Noonan sought to introduce evidence that his client acted in self-defense because his wife attacked him during this incident. Attorney Noonan sought to introduce an incriminating statement made by the wife to police where she admitted to poking the Defendant, evidence showing that she initiated a physical confrontation. Finally, Attorney sought to introduce conflicting and inconsistent statements made by the wife where she could not recall who initiated the first strike, she could not recall how she received the injury to her arm, and she claimed that the Defendant struck her in the face despite the fact that police found no marks to her face that would corroborate that allegation. At trial, the wife invoked her marital privilege not to testify against her husband. The Commonwealth elected not to proceed with the trial without the wife’s testimony.