Commonwealth v. P.N. – Brockton District Court

By The Law Offices of Gerald J. Noonan | August 14, 2019

AT CLERK-MAGISTRATE HEARING, CHARGE OF THREATS TO COMMIT CRIME IS DISMISSED, AS ATTORNEY GERALD J. NOONAN ESTABLISHES THAT THE ALLEGED VICTIM COULD NOT IDENTIFY THE DEFENDANT AS THE PERSON WHO MADE THE THREATS

On May 12, 2019, Brockton Police received six (6) complaints about loud music and disturbances coming from the Defendant’s residence. At approximately 12:00 a.m., Brockton Police were called to the Defendant’s residence for a disturbance for loud music. Upon arrival, police spoke to the defendant and police warned him that, if they were to receive any more complaints, they would shut the party down. Thereafter, police received five more calls. In one call, a neighbor reported that there were 25 people in the middle of the street having a party. The neighbor went out to the middle of the street and asked the people to take the party back into the house whereupon one of the individual’s threatened to harm the neighbor. As a result, Defendant was charged with Keeping a Noisy and Disorderly Home (G.L. c. 272, §53) and Threats to Commit a Crime (G.L. c. 275, §2).

Result: At the Clerk-Magistrate Hearing, five (5) witnesses appeared on behalf of the police department. These five witnesses lived on the same street as the Defendant and were so upset because there had been a history of loud disturbances coming from the Defendant’s home. Attorney Gerald J. Noonan cross-examined the alleged victim (the neighbor who was allegedly threatened by the Defendant.) Through cross-examination, Attorney Noonan established that the victim was unable to identify the Defendant as the man who threatened him. Moreover, Attorney Noonan argued that there was insufficient evidence to charge the Defendant with making threats, as there was no evidence identifying his client as the person making the threats. As a result, there was insufficient probable cause to charge the client with Threats. The remaining charge of Keeping a Noisy and Disorderly was held open for six months. If there are no further problems, the remaining charge will be dismissed.