Case Results
Commonwealth v. John Doe
DOMESTIC VIOLENCE CHARGE SEALED FROM ATTORNEY’S RECORD
A self-employed Attorney from Belmont, Massachusetts was charged with Assault and Battery. His girlfriend, the alleged victim, went to the police station and spoke with an officer. Based on the conversation with the officer, the officer decided to charge the Defendant with Assault and Battery. The girlfriend was surprised that the police charged the Defendant with Assault and Battery, as it was never her intention for him to get charged with a crime. She believed that the officer misrepresented what she stated to him. The girlfriend expressed that she wanted the case dismissed. The District Attorney’s Office filed a Nolle Prosequi with the Court, which is a formal notice stating that they will not prosecute the Defendant.
Result: Defendant contacted Attorney Patrick J. Noonan because he needed his domestic violence charge sealed immediately, as he was very close to being hired for a legal position and he would be denied the job if the employer saw that he had been charged with Assault & Battery. Defendant knew he would be denied the position, even though the case had been Nolle Prossed. Attorney Patrick J. Noonan was able to get the client’s criminal sealed within six (6) days and the client was later hired for the job.
Commonwealth v. M.D. – Brockton District Court
DESPITE DEFENDANT’S CONFESSION TO STEALING $8,000 FROM HIS EMPLOYER, ATTORNEY PATRICK J. NOONAN GETS LARCENY CASE DISMISSED AT TRIAL.
Defendant, a Brockton man, worked for a business in Brockton. An investigator for the company found that the Defendant was stealing from the business in excess of $8,000. The investigator gathered all records and documents showing the Defendant’s thefts from the business. The investigator provided the police with all the documents detailing the employee theft. At the police station, Defendant admitted that he stole the money. Attorney Patrick J. Noonan was successful in getting the Defendant’s confession suppressed after proving that the police officer did not read the Defendant his Miranda rights. The District Attorney’s Office still had enough evidence to prosecute the Defendant for the crime of Larceny over $250 (G.L. c. 265, §30).
Result: Attorney Patrick J. Noonan prepared the case for trial. Attorney Noonan was prepared to move the Court to exclude from evidence the documents from the investigator, which purportedly showed the Defendant’s thefts from the business on the grounds that the documents were not admissible as business records. Attorney Noonan was prepared to present evidence that the Commonwealth would be unable to prove all the essential elements of a Larceny beyond a reasonable doubt. On the first trial date, the investigator appeared in court and was ready to testify but the trial was continued due to court congestion. On the second trial date, the Commonwealth got the trial continued, over the objection of the defense, because a witness was on vacation. On the third trial date, the trial got continued due to court congestion. On the fourth trial date, the investigator did not appear because he had a job training that day. Attorney Noonan moved to dismiss the case for lack of prosecution, as the Commonwealth was not ready for trial.
Commonwealth v. N.J. – Brockton District Court
DOMESTIC VIOLENCE CHARGE AGAINST BROCKTON WOMAN FOR BITING HER HUSBAND DISMISSED AT TRIAL.
Defendant, a Brockton woman, called police after having an argument with her husband and she reported that she and her husband were both verbally and physically fighting each other. When the police arrived to their apartment, the husband told police that the defendant struck him in the eye and bit him on the chest. The officer observed that the husband has fresh bite marks on his chest. Defendant claimed that the husband struck her and bit her. However, the police did not observe any marks on the Defendant, which would corroborate her claim. The police arrested and charged the Defendant with Assault and Battery on a Family / Household Member (G.L. c. 265, §13M.)
Result: On the day of trial, Attorney Gerald J. Noonan was successful in having the case dismissed. The husband appeared in court and invoked his marital privilege. Under Massachusetts law, neither a husband nor wife can be compelled to testify against the other in a criminal trial. G.L. c. 233, §20(2). The purpose of the privilege is to protect marital harmony and avoid the unseemliness of compelling one spouse to testify against the other. Trammel v. United States, 445 U.S. 40 (1980. The scope of the marital privilege is broad; it creates a privilege not just to withhold testimony that would be adverse to the spouse, but also to refrain from testifying at all. In re Grand Jury Subpoena, 447 Mass. 88 (2006) Upon the husband’s invocation of his marital privilege, the Commonwealth did not have sufficient evidence to try the case and the case the was dismissed.
Commonwealth v. R.A. – Wareham District Court
EASTON MAN WAS CAPTURED ON FILM COMMITTING THE CRIME OF VIOLATION OF AN ABUSE PREVENTION ORDER BUT ATTORNEY PATRICK J. NOONAN CONVINCES JURY TO FIND HIS CLIENT NOT GUILTY.
Defendant is a 69 year-old hairstylist from Easton who has owned his own business for 35 years. The victim worked for the Defendant and they developed a romantic relationship and dated for 5 years. The victim claimed that she ended the relationship with the Defendant due to his obsessive behavior and because he was stalking her. The victim obtained an Abuse Prevention Order, known as a 209A Order, which the Court issued against the Defendant. The 209A Order ordered the Defendant not to contact the victim, not to abuse the victim, and to stay at least 100 yards away from the victim. Defendant was charged with Violation of Abuse Prevention Order (G.L. c. 209A) based on allegations that he followed the victim in violation of the Order, which ordered him to stay at least 100 yards away. On the day in question, the victim was driving her vehicle with her husband in the front passenger seat. They (victim and her husband) claimed to have seen the Defendant’s vehicle in Easton while they were on the way to breakfast. After breakfast, they went to Dunkin Donuts on Route 44 in Raynham where they claimed to have seen the Defendant’s vehicle drive by them. To get away from the Defendant, they drove into the Shaw’s parking lot on Route 44 and waited for the Defendant to leave. They pulled out of the Shaw’s parking lot and proceeded to drive on Route 44 when they observed the Defendant’s vehicle driving directly behind them and following them. The husband took out his cell phone and filmed the Defendant following directly behind them. The prosecution introduced the video at trial, which clearly showed the Defendant’s vehicle following directly behind the victim and at times following them very closely. The victim claimed that the Defendant was following them for 20-30 minutes. They went directly to the Middleboro Police Station to report the incident. At trial, the Commonwealth argued that the Defendant knowingly followed the victim through three different towns in violation of the restraining order.
Result: At trial, Attorney Patrick J. Noonan proved that his client did not know that he was following the victim and that the encounter was accidental. Attorney Noonan presented evidence that his client left his business in Easton to go to Route 44 to do some errands for work. When the victim first saw the Defendant in Easton, she saw his vehicle three cars ahead of her. In Easton, Defendant was not following her and the victim saw him get onto Route 24 South. Attorney Noonan argued that the Defendant was not following her in Easton, as the victim saw him three cars ahead of her. After the Defendant got onto Route 24 South, the victim went to West Bridgewater to eat breakfast. Attorney Noonan argued that the Defendant could not have known that the victim would be going to Route 44 because he had already gotten on the highway and was already on Route 44 doing errands while the victim was eating breakfast in West Bridgewater. When the victim was at Dunkin Donuts on Route 44, she claimed to have seen the Defendant but Attorney Noonan presented evidence showing that his client was on his way to a store called Salon Centric in the vicinity of Dunkin Donuts. Attorney Noonan introduced a receipt verifying that his client went to Salon Centric near the Dunkin Donuts. When the victim pulled out of Shaw’s she claimed to have seen the Defendant following her on Route 44 but Attorney Noonan presented evidence that his client was on this section of Route 44 because he had just finished having lunch at KFC and was on his way to Middleboro to watch the herring run. Attorney Noonan introduced a receipt from KFC verifying that his client had just eaten lunch, which explained why he was traveling on this section of Route 44. Attorney Noonan presented evidence that it was his client’s routine and regular practice to go to Route 44 to buy products at Salon Centric and get a bite to eat at KFC. Attorney Noonan introduced receipts showing that his client went to Salon Centric and the KFC on Route 44 at least once of week. Attorney Noonan presented witnesses who testified to the Defendant’s routine practice of going to Route 44. Attorney Noonan introduced a map of Route 44 highlighting the locations of Dunkin Donuts, Shaw’s, Salon Centric, and KFC showing the Defendant’s locations and routes of travel. The map explained why the victim saw the Defendant’s vehicle at these locations. After 10 minutes of deliberation, the jury found the Defendant Not Guilty.
January 10, 2019
ATTORNEY PATRICK J. NOONAN CONVINCES NEWSPAPER TO CORRECT INACCURATE INFORMATION PUBLISHED ABOUT A CLIENT’S ARREST.
Client, a college student, was arrested and charged with drug possession, disorderly conduct, and other charges. A Newspaper published an online article about the client’s arrest. However, some of the information in the article was not accurate. Client was concerned about members of the public reading the inaccurate information in the article about his arrest. Client contacted Attorney Patrick J. Noonan about getting the newspaper to change the article to include the correct information.
Result: After several negotiations, Attorney Patrick J. Noonan convinced the newspaper to correct the inaccurate information that had been published online about the client’s arrest. The newspaper updated the article and included the correct information at the very top of the article, so readers could see the correct information prior to reading the article.
Commonwealth v. G.B. – Lynn District Court
ATTORNEY GERALD J. NOONAN GETS CRIMINAL CHARGES OF LARCENY FROM A BUILDING, POSSESSION OF CLASS D SUBSTANCE, AND POSSESSION OF CLASS E SUBSTANCE DROPPED AGAINST HIGHLY-DECORATED U.S. ARMY COMBAT VETERAN.
Defendant was charged with Larceny from a Building (G.L. c. 266, §20), Possession of Class D Substance (Prozac), and Possession of Class D Substance (Marijuana). See G.L. c. 94C. Back in 2005, when the Defendant was 17 years-old, Defendant was charged with these crimes stemming from allegations that he stole cash and Prozac pills from the home of a family friend in Marblehead, Massachusetts. While the charges were pending in the Lynn District Court, the client enlisted in the U.S. Army when he turned 18 years-old and left Massachusetts while his criminal case was still active. The client served 11 years in the U.S. Army. He served in combat in places, such as Afghanistan. He was honorably discharged with the rank of Staff Sergeant. He was medically retired due to permanent physical injuries he sustained in combat. He earned countless awards for his service. The client was happily married with a young son in Oklahoma. One day, the client went to the military base in Oklahoma where he was informed that he had a warrant and he was not permitted to enter the military base. The client realized that the old warrant was from his criminal case back in 2005 when he was 17 years-old. The client did not have the money to come back to Massachusetts to clear up the warrant because he was disabled and was trying to support his family. The client intended to get a job on the military base, as a firearm’s instructor, but he couldn’t get on the military base because of the warrant.
Result: The client tried, unsuccessfully, to clear up the warrant himself while living in Oklahoma. The client was told that he had to return to Massachusetts and appear in court in order to remove the warrant. Fearing that he was out of options, the client contacted Attorney Gerald J. Noonan. Attorney Noonan obtained all the records from the client’s 2005 case. Attorney Noonan made a written request to the District Attorney’s Office to remove the warrant and to dismiss the criminal charges. In his request, Attorney Noonan pointed out that his client was only 17 years-old at the time of the charges and he would have been charged as a juvenile under today’s laws. Attorney Noonan explained the circumstances of his client’s failure to appear in court because he mistakenly believed that his court case was resolved. Lastly, Attorney Noonan described the client’s military service, in detail, and provided the District Attorney’s Office with all his awards and medals. After reviewing Attorney’s Noonan request and arguments, the Commonwealth entered a Nolle Prosequi, a written statement to the court that they were dropping the case “in the interest of justice.”
Commonwealth v. J.A. – Suffolk Superior Court
WITNESS INTIMIDATION: NOT GUILTY
THREATS: NOT GUILTY
ASSAULT & BATTERY with DANGEROUS WEAPON: NOT GUILTY
ASSAULT & BATTERY with DANGEROUS WEAPON: NOT GUILTY
ASSAULT & BATTERY with DANGEROUS WEAPON: GUILTY
Defendant, and five other Defendants, were employees at a juvenile detention center, which housed juveniles who had been adjudicated delinquent (or found guilty) for crimes and sentenced to serve sentences. The juveniles claimed that the Defendants would regularly threaten them, sexually abuse them, and physically abuse them. The juveniles claimed that the Defendants engaged in a ritualistic form of abuse known as “orange chicken” to punish or discipline them. The orange chicken assault involved the juvenile’s underwear being pulled down and getting smacked on the bare buttocks with an orange rubber sandal. If a juvenile complied with the orange chicken, the punishment would be less severe but if they resisted the assault would more severe. Defendants instructed other juveniles to participate in administering orange chicken assaults to other juveniles. The abuse was not limited to orange chicken assaults, as the juveniles described other forms of physical and sexual abuse by the Defendants. The Department of Children and Families and the Massachusetts State Police conducted an extensive investigation, which resulted in the juvenile facility being completely shut down. The District Attorney’s Office conducted an extensive grand jury investigation, which involved the testimony of juveniles, employees, law enforcement, and resulted in the production of thousands of pages of records and documents.
Result:
Defendant was charged with Witness Intimidation (G.L. c. 268, §13B) to Victim #1 based on Victim #1’s testimony that the Defendants engaged in conduct designed to prevent the juveniles from reporting the abuse. Specifically, the Defendants threatened to put a “green light” on a juvenile if they reported the abuse. A “green light” meant that if a juvenile reported abuse they would be attacked at any other juvenile facility they went to because the Defendants had connections with other facilities. At the close of the Commonwealth’s case, Attorney Patrick J. Noonan had a Not Guilty finding entered on the Witness Intimidation charge because the Commonwealth failed to present sufficient evidence against his client.
Defendant was charged with Threats (G.L. c. 275, §2) to Victim #1 based on Victim #1’s testimony that Defendants threatened to give Victim #1 an orange chicken assault, if Victim #1 did not participate in orange chicken assaults on other juveniles. At trial, Attorney Noonan impeached Victim #1 with prior statements he made where he told police he didn’t recall being told that if he did not participate in orange chicken, he would be next. The most important piece of evidence that won an acquittal on the Threats charge was Attorney Noonan’s cross-examination of Victim #1 where he got Victim #1 to admit that his client never made any such threat to him.
Defendant was charged with Assault and Battery with a Dangerous Weapon (G.L. c. 265, §15A) on Victim #2 based on Victim #2’s testimony that the Defendant assaulted him in the laundry room, forcibly pulled down his pants, and beat him on the bare buttocks with a sandal. Attorney Noonan presented evidence that Victim #2 had falsely accused another staff member of assaulting him in the laundry room during this same incident.
Specifically, Victim #1 testified at the grand jury that this other staff member assaulted him in the laundry and Victim #1 even sued this other staff member for assaulting him in the laundry room. However, when questioned about the incident in the laundry room, Victim #2 admitted that the other staff was not involved. Moreover, Attorney Noonan questioned the facility’s program director at trial who stated that she viewed surveillance video from the laundry room area on the date of the incident and there was no video to corroborate Victim #2’s allegations that the Defendant assaulted him in the laundry room. The police even viewed the video, which did not show any evidence that the Defendant assaulted him in the laundry room. Lastly, Victim #2 claimed that after the assault in the laundry room, he was discharged from the facility. Attorney Noonan presented evidence that Victim #2 met with his case worker shortly after the alleged assault in the laundry room and he did not say anything to his case worker about it.
Defendant was charged with Assault and Battery with a Dangerous Weapon on Victim #3 based on the testimony of a former employee who testified that he witnessed the Defendant beat Victim #3 with a sandal in the cafeteria. The Commonwealth gave this former employee immunity to testify against all defendants. This former employee testified that he personally participated in the assault on Victim #3 in the cafeteria and he witnessed the Defendant participating in the assault. However, during Victim #3’s trial testimony, he testified that the Defendant was present for the incident in the cafeteria but he could not recall if the Defendant participated. During his closing argument, Attorney Noonan cited the law, which states that “no defendant…shall be convicted solely on the basis of the testimony of…a person granted immunity.” G.L. c. 233, §20I. Attorney Noonan argued that the only evidence of the Defendant involvement in the assault and battery on Victim #3 came from the testimony of an immunized witness. Attorney Noonan argued and the Commonwealth failed to prove the Defendant’s guilt beyond a reasonable doubt, as the Commonwealth did not present any other evidence to corroborate the testimony of its immunized witness.
Defendant was charged with Assault and Battery with a Dangerous Weapon on Victim #3 based on Victim #3’s testimony that the Defendant choked him with a wooden drumstick in the hallway. The jury convicted the Defendant on this one and only charge. However, Attorney Noonan presented evidence that there were cameras that would have captured the incident in the hallway and the program director testified that she did not see any video footage of any assault on Victim #3 in the hallway. Moreover, Victim #3 testified that he assaulted the Defendant for no reason. Attorney Noonan argued that the Defendant was legally entitled to use force to restrain juveniles in the course of his employment and he had a right to act in self-defense. Attorney Noonan cited the testimony of another employee who stated that “restraints” on juveniles’ are difficult to perform alone without any assistance from other employees. This employee testified that it is very difficult to perform a “restraint” in the manner they are trained to do where a juvenile violently attacks an employee and an employee has to do whatever he can to restrain the juvenile. In this case, Defendant was violently attacked by Victim #3 who was known to be violent and had previously attacked other juveniles and staff. The Commonwealth did not present evidence of the entire incident or the full picture of what happened. How can the Commonwealth say that the Defendant’s force to restrain Victim #3 was unreasonable when there were so many unanswered questions about what actually happened? How can it be said that the Defendant’s restraint was excessive when the Commonwealth did not any present evidence with regards to the severity of Victim #3’s assault on the Defendant? Defendant’s response would be appropriate if he was faced with a violent assault by a violent person.
At the end of this lengthy trial, the jury acquitted the Defendant on all charges, except for one.