ATTORNEY GERALD J. NOONAN GETS OPEN & GROSS LEWDNESS CHARGE AGAINST MEDICAL DOCTOR DISMISSED PRIOR TO ARRAIGNMENT, SAVING HIS CLIENT FROM HAVING THIS SERIOUS FELONY OFFENSE ON HIS RECORD.

Client, a medical doctor, went to a fitness center in Dartmouth to exercise. Another member of the gym reported to the gym’s manager that the Defendant exposed his genitals and masturbated in front of him in the sauna. The police were called to the gym. Police interviewed the alleged victim who again reported that the Defendant exposed his genitals and masturbated in front of him in the sauna. The alleged victim wrote a written statement of the incident. Police interviewed the Defendant who denied exposing his genitals or touching his penis in the sauna. Defendant provided a written statement to police denying the allegations.

Result: Police filed an Application for Criminal Complaint against the Defendant for Open and Gross Lewdness (G.L. c. 272, §16). Defendant was summonsed to appear in the District Court for an arraignment on that charge. Had the Defendant been arraigned, the criminal charge would be entered on his criminal record and the matter would be prosecuted by the District Attorney’s Office. However, Attorney Gerald J. Noonan was successful in getting the criminal complaint dismissed prior to arraignment on the grounds that the Defendant was entitled to a Clerk-Magistrate before the criminal complaint issued. At the Clerk-Magistrate Hearing, Attorney Gerald J. Noonan presented evidence of his client’s character. Client was a medical doctor in the Philippines where he was a member of a humanitarian organization that provided free medical care to the poor and victims who suffered horrific injuries. In particular, the client performed countless surgeries to those who had been horrifically disfigured. Attorney Noonan presented many letters from medical professionals attesting to the client’s humanitarian work and his good character. The Clerk-Magistrate did not issue the criminal complaint against the client. Open and Gross Lewdness is a felony offense that carries possible registration as a sex offender and Attorney Gerald J. Noonan was successful in ensuring that his client was not charged with this very serious offense.