Case Results
Commonwealth v. John Doe – Brockton District Court
ATTORNEY PATRICK J. NOONAN GETS FELONY CONVICTION FOR BREAKING & ENTERING AGAINST TRUCK DRIVER VACATED AND THROWN OUT.
Defendant is a 48 year-old commercial truck driver, a happily married man, and a loving father. Defendant applied for a License to Carry Firearms (LTC). However, the police department denied his application for an LTC because he had a felony conviction on his record. Defendant was shocked to hear that he had a felony conviction. Defendant obtained a copy of his criminal record, which showed that he had been convicted of Breaking and Entering in the Nighttime with the Intent to Commit a Felony when he was 14 years-old. He was convicted in 1984. Defendant knew he had a juvenile case when he was really young but did not know he had been convicted of a felony. Defendant has no other criminal record. Defendant retained Attorney Patrick J. Noonan to vacate his felony conviction.
Result: Attorney Patrick J. Noonan conducted an investigation and learned that the felony Breaking & Entering charge stemmed from an incident when the Defendant, at age 14, went into a vacant home with a friend to smoke a cigarette. A neighbor reported seeing people inside the unoccupied home and the Defendant was later arrested. This was a home in the Defendant’s neighborhood that kids would use as a cut through yard. Kids cut through the yard because no one was living there. Attorney Noonan obtained records for the residence showing that it had been unoccupied at the time of the offense. Attorney Noonan sent a written request to the District Attorney’s Office requesting to vacate the conviction arguing that his client did not have the intent to commit the felony because he merely went into the unoccupied house with a friend to smoke a cigarette. His only intent was to commit a Trespass. They did not steal anything from the house. Attorney Noonan provided the DA with evidence regarding his client’s background as a hard-working guy, law-abiding citizen, and family man and the collateral consequences this old felony conviction has caused. The District Attorney’s Office reviewed the case. The DA’s Office was very reasonable and agreed to vacate the Defendant’s felony conviction. Today, the conviction was thrown out.
Commonwealth v. K.G. – Brockton District Court
DOMESTIC VIOLENCE CHARGES AGAINST UBER DRIVER DISMISSED AT TRIAL
Defendant, an Uber driver from Brockton, was charged in the Brockton District Court with Assault and Battery (G.L. c. 265, §13A) and Assault and Battery with a Dangerous Weapon (G.L. c. 265, §15A). Defendant’s girlfriend called 911. In the 911 call, you can hear a female screaming “Stop!” “Leave me alone!” There is another party in the background of the call who she accuses of attacking her. During the 18-minute 911 call, you can hear the female yelling and arguing with the other party. She whispers to the 911 operator, “Hurry.” Police are sent to the Defendant’s apartment. The police found a female party hiding in the bedroom. She identified herself as the 911 caller. She tells police that the Defendant was intoxicated and angry with her. She states that the Defendant grabbed her arm and started throwing anything he could find at her. She was struck a piece of furniture. Defendant told police that they simply had a verbal argument. Police arrested the Defendant.
Result: At the first trial date, the alleged victim did not appear in court. The prosecutor sought to prove the case without the alleged victim’s testimony. In particular, the prosecutor sought to introduce the 911 call into evidence and to call the police officers who investigated the case. The trial was continued due to court congestion. On the second trial date, the alleged victim did not appear. The prosecutor asked Attorney Noonan if he would accept a plea deal, which involved his client admitting to the charges but Attorney Noonan rejected the offer. Again, the Commonwealth sought to introduce the 911 call and attempt to prove the case without the alleged victim’s testimony. However, the prosecutor was unable to get the police dispatcher to come into court in order to admit the 911 tape. The Commonwealth was unable to go forward. Attorney Patrick J. Noonan moved the Court to dismiss the charges. The charges were then dismissed.
Commonwealth v. T.C. – Quincy District Court
AT TRIAL, DISTRICT ATTORNEY’S OFFICE OFFERS TO DISMISS CRIMINAL CHARGE OF VIOLATING A HARASSMENT ORDER AGAINST BRAINTREE MAN WITH NO CRIMINAL RECORD IF HE STAYS OUT OF TROUBLE FOR 8 MONTHS
Defendant, a happily married man in his mid-fifties with no criminal record, had a longstanding feud with his neighbors, a father, mother, and their adult son, who live across the street. In December 2017, the father and mother obtained a Harassment Prevention Order (“HPO”) (G.L. c. 258E) against the Defendant for one-year alleging that he threatened to beat them up, shouted vulgarities at them, and waved a leaf blower at them. After this HPO was issued, Defendant hired Attorney Patrick J. Noonan who immediately filed a Motion to Reconsider the judge’s decision in issuing the order, which was denied after a hearing. Attorney Noonan filed an appeal. After the HPO issued, Defendant was arrested, several days later, and charged with Violation of a Harassment Prevention Order (G.L. c. 258E, §9). The alleged victim claimed that, several days after getting the harassment order, Defendant threatened to beat him up. In December 2018, the alleged victims sought a one-year extension of the HPO. This time, Attorney Noonan was able to oppose the HPO and cross-examine the alleged victims under oath. Even though the judge extended the HPO for another year, Attorney Noonan obtained valuable evidence at the hearing to use in defense of the criminal charge. In particular, Attorney Noonan elicited evidence that, back in 2012, the three alleged victims (mother, father, and their son) attacked him, beat him, and sent him to the hospital with serious injuries. In particular, the father punched the defendant in the face sending him to the ground. The mother retrieved a wooden club from the house and handed it to the father who proceeded to beat the Defendant with hit, as the Defendant was on the ground. The adult son joined in and struck the Defendant, as he was on the ground. Attorney Noonan obtained photographs of the wooden club. As a result of the violent attack, Defendant went to the hospital with injuries, including a laceration to his forehead (requiring 6 sutures), contusions to the chest, arm, and back, and a blunt injury to his finger (which was placed in a splint).
Result: At trial, Attorney Patrick J. Noonan sought to introduce evidence that the three alleged victims had brutally attacked his client back in 2012. Attorney Noonan was prepared with photos of the wooden club that was used to beat his client, photos of the Defendant’s injuries, witnesses, and certified medical records of his client’s injuries. Attorney Noonan’s proposed evidence posed a serious problem for the alleged victims because they could potentially incriminate themselves if they were to testify at trial giving them what is known as a Fifth Amendment Privilege against Self-Incrimination. Prior to the trial commencing, the District Attorney’s Office offered to dismiss the criminal charge, so long as the client abides by the existing HPO, which is in effect until December of 2020.
Commonwealth v. G.G. – Plymouth Superior Court
THE DEFENSE TEAM OF PATRICK J. NOONAN AND BRENDAN J. NOONAN WIN NOT GUILTY VERDICTS ON CHARGES OF RAPE OF CHILD, UNNATURAL AND LASCIVIOUS ACTS WITH A CHILD, DISSEMINATION OF OBSCENE MATTER TO A MINOR, AND CHILD ENTICEMENT.
Defendant, an 81 year-old man from Hanover, was indicted by a Plymouth County Grand Jury on the following criminal offenses: (1) Rape of Child – Use of Force (G.L. c. 265, §22A), (2) Dissemination of Harmful Matter to a Minor (G.L. c. 272, §28), (3) Unnatural and Lascivious Acts with a Child under 16 (G.L. c. 272, §35A), (4) Enticement of a Child under 16 (G.L. c. 265, §26C), and (5) Enticement of a Child under 16.
The Defendant was facing a life sentence or the possibility of a very severe and long sentence. The crime of Rape of Child carries a sentence of life in state prison. The crimes of Dissemination of Harmful Matter to a Minor, Unnatural and Lascivious Acts with a Child under 16, and Enticement of a Child under 16, all carry a sentence of 5 years in state prison.
Defendant resided by himself in a home in Hanover. In May of 2016, Defendant asked his daughter and step-daughter to move into his house because he needed help around the house and help with other things. The daughters discovered stacks of handwritten notes in his house of pornographic websites, including many websites for child pornography. They searched the Defendant’s electronic devices (his iPhone, iPad, and Laptop) and discovered that his devices contained a lot of pornographic material. The daughters also noticed that a young, teenaged boy would come over to the house and do chores for the Defendant. They noticed that the Defendant would frequently provide the young teenage boy with car rides. Based on their discovery of the child pornography websites, the daughters were very concerned that the Defendant was engaging in sexual behavior with the boy. The daughters confronted the Defendant who admitted to them that he had sex with the boy on 4-5 occasions and would pay the boy for sexual favors. Defendant also stated that he and the boy almost engaged in Bestiality with a dog but the dog was too jumpy, so they couldn’t do it. The daughters decided that they needed to get the Defendant’s confession on tape, so they secretly recorded a conversation with Defendant. In this recorded conversation, the daughters spoke to the Defendant on the back porch of his home. The daughter used her cell phone, which she discretely held in her hand, to record the conversation. In the recorded conversation, the Defendant admitted to having sex with the boy on 4-5 occasions and he admitted that he would pay the boy for sexual favors. After obtaining his confession, the daughters took the Defendant’s electronic devices (his iPhone, iPad, and Laptop) from his home and brought them to the police department. At the police department, the daughters and officers searched the electronic devices. Later on, police obtained search warrants for the Defendant’s devices. A search of the Defendant’s devices revealed that word searches for “porn” returned over 7,000 hits, “erotica” returned over 8,000 hits, and “bestiality” returned over 500 hits. Police then contacted the teenage boy and had him come into the police station for an interview. Several weeks later, the boy was interviewed by the District Attorney’s Office. In his interview, the boy stated that the Defendant paid him $300 for the Defendant to perform oral sex on the boy. The boy stated that the Defendant performed oral sex on him and paid him for it. The boy stated that the incident of oral sex occurred in December of 2014 when the boy was 15 years old. The boy stated that the Defendant showed him Bestiality and he had asked the boy to provide him with child pornography. The boy stated that the Defendant would pay him money in exchange for the boy providing the Defendant with pornographic websites that were to the Defendant’s liking. In his interview, the boy mentioned that he (the boy) would bring his female friend over to the Defendant’s home and the Defendant would give them car rides. The boy was three months older than the female. The police and District Attorney’s Office interviewed the female. The female stated that she would go over the Defendant’s home during her freshman year of high school when she was around 14 years or older. The female stated that the Defendant asked her to provide him with naked pictures of herself and her friends. Defendant specifically asked her for butt, boob, and pussy pictures. The female didn’t actually provide the Defendant with naked pictures of herself or her friends. Instead, she would find naked pictures of women online. The female would tell the Defendant that the naked pictures were of herself when they were actually women online. The female stated that the Defendant would ask her and the boy to tell him sex stories of their sexual experiences. The female would make up sex stories to tell the Defendant. The female stated that the Defendant would buy them alcohol and cigarettes.
Result: Defendant was represented by Attorneys Patrick J. Noonan and Brendan J. Noonan. The Defendant was charged with three crimes (Rape of Child – Use of Force, Unnatural and Lascivious Acts with a Child under 16, and Enticement of Child under 16) – based on the same incident of oral sex with the boy. A necessary element for these offenses against the boy requires proof that the boy was under the age of 16. After an excellent cross-examination of the boy, Attorney Patrick J. Noonan was able to establish that the incident of oral sex occurred toward the end of the boy’s relationship with the Defendant, when the boy was over the age of 16. Through his cross-examination of the female victim, Attorney Noonan was able to solidify that the incident of oral sex occurred when the boy was over the age of 16. During his closing argument, Attorney Noonan showed the jurors a Chart, which outlined the timeline of events, and proved that the incident of oral sex occurred when the boy was over the age of 16. However, the jury could still find the Defendant guilty of Rape of Child – Use of Force if they found that the oral sex was done by force or without the boy’s consent. Through a very effective cross-examination of the boy, Attorney Noonan established that the oral sex was consensual. The jury found the Defendant Not Guilty of Rape of Child – Use of Force, Unnatural and Lascivious Acts with a Child under 16, and Enticement of Child under 16 because our defense team was able to prove that the oral sex was consensual and the boy was over the age of 16. Defendant was still charged with Dissemination of Harmful Matter to a Minor (the boy) and a minor is defined as a person under the age of 18. The evidence at trial showed that the boy, at all times during his relationship with the Defendant, was under the age of 18. The charge of Dissemination of Harmful Matter to the boy was based on the Commonwealth’s allegations that the Defendant showed the boy Bestiality and Child Pornography. There was no evidence at trial that the Defendant showed the boy Child Pornography. However, the boy did testify that the Defendant would ask the boy to provide him with the names of Bestiality websites. The boy would look up Bestiality websites, write down the domain names, and provide the Defendant with those domain names. Attorney Noonan asked the judge to find the Defendant not guilty on the Dissemination charge because the evidence presented by the Commonwealth was legally insufficient. Attorney Noonan argued that the Defendant did not show or disseminate Bestiality to the boy because the Defendant merely asked the boy if the boy could provide him with the names of Bestiality websites. There was no evidence of dissemination. The Judge agreed and found the Defendant not guilty of the Dissemination charge. The jury found the Defendant guilty on only one charge, which was Enticement of a Child; the child being the female victim. The Noonan’s moved for the Judge to find the Defendant not guilty of this Child Enticement offense because the Commonwealth failed to present sufficient evidence to satisfy its burden of proof. The Judge denied the request. While the jury was deliberating, the jury submitted four questions to the judge regarding the Child Enticement charge involving the female victim. The jury’s four questions were all factual questions. There were no answers for the jury’s factual questions because the Commonwealth did not present any evidence that would have answered them. In our opinion, the jury’s four factual questions suggested that the jury had reasonable doubt. Nevertheless, our law firm is appealing the Defendant’s one and only conviction for Child Enticement. This was an enormous victory because our client was facing a life sentence. Due to our client’s advanced age, any jail time would be a life sentence.
Click here to read Enterprise Newspaper Article: “Hanover man, 81, acquitted of most charges in child enticement case.”
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.