Commonwealth v. John Doe

FELONY OFFENSE OF OBTAINING DRUGS BY FRAUD AGAINST STATE EMPLOYEE DISMISSED. 

Defendant has been employed for a state governmental agency. Her ex-boyfriend accused her of picking up his prescription medication at the pharmacy by fraud. The victim went to the CVS pharmacy to pick up his prescription medication where he was told that his prescription had already been picked up. The victim suspected the Defendant. Police obtained surveillance video of the suspect picking up the medication. The victim was not 100% certain that the person in the video was the Defendant. Attorney Patrick J. Noonan filed a Motion to Suppress evidence, in which he sought to preclude the victim from testifying at trial that the suspect in the video was the Defendant. After reviewing the Motion to Suppress, the prosecution agreed that this identification testimony should not be introduced at trial. Without any positive identification of the Defendant as the suspect, Attorney Noonan proceeded to trial. On the day of trial, with the victim present to testify, the Commonwealth offered us a sweetheart deal where the charge would be dismissed after 12 months, resulting in a straight dismissal, with no admission to any wrongdoing by our client. The charge will be dismissed and the Defendant’s employment will not be affected.