Commonwealth v. O.P. – Taunton District Court

ATTORNEY GERALD J. NOONAN GETS DOMESTIC ASSAULT CHARGES DISMISSED AGAINST HARD-WORKING IMMIGRANT WITH NO CRIMINAL RECORD.

Raynham Police responded to a 911 call from a female victim who reported that her boyfriend just assaulted her. She ran out of the house and was calling police from a field down the street. She told police that slapped her in the face. She told police this was the third time he had assaulted her. Police observed redness to the victim’s face. Defendant was charged with domestic Assault & Battery on a family or household member (G.L. c. 265, §13M).

Result: Attorney Gerald J. Noonan brought the case to trial. He argued to the DA that the victim’s 911 call was inadmissible. The victim invoked her marital privilege to not testify against her husband, the Defendant. Without the victim’s testimony, the only way the Commonwealth could prove the case was through the victim’s 911 call, which was inadmissible under the rules of evidence. The Commonwealth could not try the case and they were forced to dismiss the charges.