Commonwealth v. T.M. – Wareham District Court

SHOPLIFTING CHARGES DISMISSED AGAINST TOWN CONSERVATION AGENT, AS ATTORNEY GERALD J. NOONAN ARGUES THAT THE DEFENDANT DID NOT HAVE THE INTENT TO STEAL FROM THE STORE.

Lakeville Police were dispatched to CVS Pharmacy for a suspected shoplifter. The Store Manager reported seeing the Defendant placing items into a plastic shopping bag. The officer approached the Defendant and asked her if she placed any items into her shopping bag that she did not pay for. Defendant stated that she did place some items in her shopping bag but she intended to pay for them when she finished shopping. The officer believed the Defendant was being untruthful and charged her with Shoplifting by Concealing Merchandise (G.L. c. 266, §30A).

Result: At the Clerk Magistrate Hearing, Attorney Gerald J. Noonan successfully argued that his client did not have the intent to steal any items from the store. Attorney Noonan presented evidence that the Defendant placed some items into her plastic shopping bag while she was still shopping. She placed the items in the bag because her hands were full and she needed some place to put them. She had no intention of stealing. When she finished shopping, she intended to bring all her items to the check out and pay for them. Attorney Noonan presented evidence that his client had no criminal record and has spent her career working for various towns as a Conservation Agent and Environmental Planner. This was not the type of person who would be shoplifting items. The Clerk Magistrate credited Attorney Noonan’s argument and decided not to issue the criminal complaint.