Commonwealth v. John Doe

Plymouth District Court

ASSAULT & BATTERY: DISMISSED

ASSAULT & BATTERY DANGEROUS WEAPON: DISMISSED

STALKING: DISMISSED

VIOLATION OF RESTRAINING ORDER: DISMISSED

Defendant is a 26 year-old man with no criminal record, an electrical apprentice, and small business owner. Defendant is a resident of Halifax. He was in a dating relationship with his girlfriend for several years. After she broke up with him, she went to the Pembroke Police Station to report that she had been verbally and physically abused, and stalked by the Defendant. She recounted three instances of disturbing conduct by the Defendant. In the first incident, Defendant showed up to her birthday party, uninvited and unannounced, got into physical fights with her friends, was ejected from the party and the police were called. In the second incident, Defendant showed up to a bar and confronted her, as she was on a date with another guy. She got into her truck to leave, but the Defendant jumped on the back of her truck while yelling and screaming. Defendant slammed the car door on her leg. Defendant pulled her out of the truck and proceeded driving, as she was in the passenger seat screaming. She videotaped the incident and gave it to police. In the third incident, Defendant showed up at her friend’s house, parked outside and waited for her and followed her home and she called 911, but the Defendant fled before police arrived. She also provided police with photographs showing bruises on her as a result of the Defendant slamming a door on her arm. As a result, Defendant was charged in the Plymouth District Court with: (1) Assault & Battery on a Family / Household Member pursuant to G.L. c. 265, §13M(a), (2) Assault & Battery with a Dangerous Weapon pursuant to G.L. c. 265, §15A(b), and Stalking pursuant to G.L. c. 265, §43(a). The girlfriend obtained a restraining order against him known as an Abuse Prevention Order under G.L. c. 209A. After she obtained the restraining order, Defendant violated the restraining order on three separate occasions by calling her, texting her, and showing up to her place of work. As a result, Defendant was charged with three counts of Violation of an Abuse Prevention Order pursuant to G.L. c. 209A, §7.

Result: Immediately, Patrick J. Noonan conducted an investigation to defend his client. He obtained evidence to contest the stalking charges showing that the evidence was insufficient to establish three separate instances of stalking, as required by the stalking statute. The girlfriend claimed that the Defendant stalked her after she broke up with him. However, the defense obtained text messages showing that they were still dating and were very much together and a couple when the alleged incidents of stalking occurred. Although the girlfriend claimed that the police were called to remove the Defendant from her birthday party, the defense obtained evidence showing that nobody ever called the police. To contest the charge of Assault & Battery with a Dangerous Weapon charge, Counsel viewed the video of this incident showing that the Defendant never slammed the car door (i.e., dangerous weapon) on her leg, as she claimed. Finally, the defense obtained evidence of prior criminal conduct by the girlfriend to attack her credibility, as well as her efforts to change her name to conceal her criminal record. Attorney Patrick J. Noonan came to trial ready to attack the case, but the Commonwealth decided to dismiss all charges.