Case Results
Commonwealth v. John Doe – New Bedford District Court
ATTORNEY GERALD J. NOONAN GETS OPEN & GROSS LEWDNESS CHARGE AGAINST MEDICAL DOCTOR DISMISSED PRIOR TO ARRAIGNMENT, SAVING HIS CLIENT FROM HAVING THIS SERIOUS FELONY OFFENSE ON HIS RECORD.
Client, a medical doctor, went to a fitness center in Dartmouth to exercise. Another member of the gym reported to the gym’s manager that the Defendant exposed his genitals and masturbated in front of him in the sauna. The police were called to the gym. Police interviewed the alleged victim who again reported that the Defendant exposed his genitals and masturbated in front of him in the sauna. The alleged victim wrote a written statement of the incident. Police interviewed the Defendant who denied exposing his genitals or touching his penis in the sauna. Defendant provided a written statement to police denying the allegations.
Result: Police filed an Application for Criminal Complaint against the Defendant for Open and Gross Lewdness (G.L. c. 272, §16). Defendant was summonsed to appear in the District Court for an arraignment on that charge. Had the Defendant been arraigned, the criminal charge would be entered on his criminal record and the matter would be prosecuted by the District Attorney’s Office. However, Attorney Gerald J. Noonan was successful in getting the criminal complaint dismissed prior to arraignment on the grounds that the Defendant was entitled to a Clerk-Magistrate before the criminal complaint issued. At the Clerk-Magistrate Hearing, Attorney Gerald J. Noonan presented evidence of his client’s character. Client was a medical doctor in the Philippines where he was a member of a humanitarian organization that provided free medical care to the poor and victims who suffered horrific injuries. In particular, the client performed countless surgeries to those who had been horrifically disfigured. Attorney Noonan presented many letters from medical professionals attesting to the client’s humanitarian work and his good character. The Clerk-Magistrate did not issue the criminal complaint against the client. Open and Gross Lewdness is a felony offense that carries possible registration as a sex offender and Attorney Gerald J. Noonan was successful in ensuring that his client was not charged with this very serious offense.
Commonwealth v. B.S. – Brockton District Court
CHARGE OF ASSAULT WITH INTENT TO MURDER AGAINST MARINE CORPS VETERAN WITH SEVERE MENTAL ILLNESS DISMISSED.
Defendant was committed to the Veteran’s Hospital in Brockton. Defendant physically assaulted another patient by punching him twice in the face. Defendant then stabbed a nurse in the neck with a ballpoint pen. Defendant suffers from Schizoaffective Disorder, Bipolar Type and presents with prominent symptoms of psychosis, including significant auditory hallucinations and delusions. Defendant hears voices telling him to do things. However, law enforcement took the position that the Defendant was legally responsible for his actions, knew exactly what he was doing, and that his mental illnesses did not play any factor in his attack on the nurse and other patient. Specifically, law enforcement alleged that the Defendant’s attack was premeditated and he planned the attack about an hour and half earlier. Defendant stated that the voices in his head did not tell him to attack the nurse. Defendant stated that he stabbed the nurse because he wanted to experience the feeling of killing someone. According to law enforcement, the attending physician could not say for certain whether the Defendant was legally responsible for his actions due to his mental illness. Defendant was charged with Assault with Intent to Murder (G.L. c. 265, §15), Assault and Battery with a Dangerous Weapon (G.L. c. 265, §15A), Assault & Battery (G.L. c. 265, §13A), and Disorderly Conduct (G.L. c. 272, §53).
Result: Defendant was found incompetent to stand trial. The Commonwealth petitioned to have the Defendant committed to the Bridgewater State Hospital because he required the strict security of the facility while treating his mental illness. Defendant had been involuntarily committed for several years and periodically found incompetent to stand trial at the time that the Defendant’s father hired Attorney Patrick J. Noonan. Defendant was transferred to the Worcester Recovery Center but still involuntarily committed. Attorney Noonan met with the Defendant, his father, and his treatment team. Defendant was doing well and progressing with his treatment. The treatment team wanted to progress the Defendant into his next stage of treatment, which was supervised community access where the Defendant would have limited exposure to the outside world. However, the treatment team could not advance the Defendant to this next level of treatment because the Defendant was “held without bail” and his bail status precluding him from leaving the hospital. The criminal case was greatly interfering with the Defendant’s treatment. Attorney Noonan successfully moved the Court to change the Defendant’s bail status so he could progress to his next level of treatment and have supervised community access. Defendant did very well with his next level of treatment and he had no incidents. Attorney Noonan filed a Motion to Dismiss the case pursuant to G.L. c. 123, §16(f) because the Defendant has been held in the capacity of incompetent to stand trial for five (5) years, which is one-half of the maximum sentence of the most serious crime he was charged with: Assault with Intent to Murder. Attorney Noonan also argued that §16(f) grants the Court the discretion to dismiss such a case “in the interests of justice.” Attorney Noonan presented evidence from the Defendant’s treatment team stating how well the Defendant was doing and that the Defendant was temporarily scheduled to be discharged from the Hospital subject to an outpatient treatment plan. The Judge dismissed the case. With the criminal case dismissed, the Defendant has no restrictions on his ability to receive quality medical care.
Commonwealth v. G.D. – Stoughton District Court
CRIMINAL CHARGE OF VIOLATION OF A RESTRAINING ORDER DISMISSED AT CLERK-MAGISTRATE’S HEARING.
Client’s wife obtained a 209A Abuse Prevention Restraining Order against him. The wife went to the Canton Police Station to report that the Defendant violated the restraining order because he was taking pictures of her in the parking lot of the courthouse after their court hearing. As a result of the wife’s allegations, the Canton Police filed an Application for Criminal Complaint against the Defendant for Violation of 209A Abuse Prevention Order (G.L. c. 209A, §7).
Result: Attorney Gerald J. Noonan was successful in getting the criminal complaint dismissed at the Clerk Magistrate Hearing. As a result, the client was never charged with this crime and has no criminal record from this incident.
Commonwealth v. G.P. – Boston Municipal Court
ATTORNEY PATRICK J. NOONAN CONVINCES JUDGE TO DISMISS FELONY DRUG CHARGE IN BOSTON AGAINST A DEFENDANT WHO WAS SERVING A JAIL SENTENCE FOR FELONY DRUG CONVICTIONS IN BROCKTON – SAVING HIS CLIENT FROM THE POSSIBILITY OF SERVING SERIOUS JAIL TIME.
Defendant was charged, in the Brockton District Court, with Possession with Intent to Distribute Class A-Heroin (G.L. c. 94C, §32) and Possession with Intent to Distribute Class D-Marijuana (G.L. c. 94C, §32C). While his Brockton District Court case was pending, Defendant was arrested in Boston and charged with Possession with Intent to Distribute Class D (marijuana). In the Brockton District Court case, Defendant was convicted and was sentenced to serve time in jail while his drug case in Boston was still pending. As the Defendant was now previously convicted of Possession with Intent to Distribute in Brockton, he was facing serious penalties in his Boston case.
Result: In the Boston case, Attorney Patrick J. Noonan argued a Motion a Dismiss the drug charge for lack of probable cause, which was denied by the Judge. In his Motion to Dismiss, Attorney Noonan argued that the evidence of an intent to distribute was insufficient because the officer did not make any findings with regards to the quantity of the drugs. After his Motion to Dismiss was denied, the Boston case was then scheduled for trial. On the trial date, this time before a different judge, Attorney Noonan moved to dismiss the drug charge based on the same argument he made before; that there was insufficient evidence of an intent to distribute drugs because there was no evidence with regards to the quantity of drugs in the Defendant’s possession. This time, the judge agreed and dismissed the drug charge. This was a big victory because the client was facing serious penalties due to the fact that he had been previously convicted for Possession with Intent to Distribute.
Commonwealth v. G.D. – Stoughton District Court
CRIMINAL COMPLAINT FOR VIOLATION OF A RESTRAINING ORDER AGAINST RETIRED BUSINESSMAN DISMISSED AT CLERK-MAGISTRATE HEARING AFTER VICTIM FAILED TO COMPLY WITH ATTORNEY PATRICK J. NOONAN’S REQUEST TO PRODUCE HER ONLY CORROBORATING WITNESS.
Client is a retired businessman from Easton who was in the middle of a nasty divorce with his soon-to-be ex-wife. The wife obtained an Abuse Prevention Restraining Order against the Defendant, which prohibited the Defendant from contacting her. The wife went to the Canton Police Station alleging that the client violated the restraining order by having a mutual friend contact her by phone. The wife alleged that the client instructed this mutual friend to contact her and she could hear the Defendant in the background of the telephone call. As a result, the Canton Police filed an Application for Criminal Complaint for Violation of 209A (G.L. c. 209A, §7).
Result: At the first clerk-magistrate hearing, Attorney Patrick J. Noonan argued that his client had no idea who this alleged mutual friend was who supposedly contacted his wife. Attorney Noonan presented evidence that the wife was previously unsuccessful in obtaining a 209A Order against the Defendant. The wife was successful in her second attempt in obtaining a 209A Order. Attorney Noonan filed a Motion to Modify the conditions of the active 209A Order, which was allowed over the objection of the wife and her attorney. Upset about over the outcome of that hearing, the wife went directly to the police station to report this alleged violation. At the first clerk-magistrate hearing, Attorney Noonan requested that the wife produce the mutual friend as a witness to corroborate the wife’s allegation. Attorney Noonan argued that, if the wife could not produce the mutual friend as a witness now or in the future, the criminal charge would ultimately be dismissed – so it made sense to establish now, rather than later, if the wife could produce this witness. The Clerk-Magistrate ordered the wife to produce the mutual friend at the next Clerk’s Hearing. At the next Clerk’s hearing, the wife failed to produce this witness and the Clerk-Magistrate dismissed the case.
Commonwealth v. L.P. – Waltham District Court
ATTORNEY GERALD J. NOONAN GETS CHARGE OF ASSAULT & BATTERY ON AN ELDERLY AND DISABLED PERSON DISMISSED AGAINST WOMAN WITH PRIOR CONVICTION FOR DOMESTIC VIOLENCE.
Defendant, a 54 year-old woman, was charged with Assault & Battery on Person over 60 or Disabled Person (G.L. c. 265, §13K) based on allegations that she assaulted her 79 year-old mother. The mother claimed that the Defendant was very aggressive, shoved her, and grabbed her by the hair. Defendant admitted to pushing her mother but did so only because her mother was in her face and arguing with her. In 2000, Defendant admitted to sufficient facts for a finding of guilt on a domestic violence charge.
Result: Attorney Gerald J. Noonan convinced the District Attorney’s Office to dismiss the case. Attorney Noonan made arrangements for the victim-mother to speak to the District Attorney’s Office. The mother stated that she wanted the case against her daughter dismissed. Attorney Noonan provided the DA’s Office with 8 letters of people attesting to the Defendant’s character. Attorney provided letters from the Defendant’s other siblings stating that she was a loving and caring daughter to their mother. The DA agreed to dismiss the case.
Commonwealth v. John Doe
CHARGES OF DRUGGING PERSON FOR SEXUAL INTERCOURSE AND ASSAULT & BATTERY ARE SEALED FROM CLIENT’S RECORD.
Defendant, a 36 year-old Rhode Island resident and employee of a major health insurance company, was charged, when he was 27 years-old, with Drugging a Person for Sexual Intercourse (G.L. c. 272, §3) and Assault & Battery (G.L. c. 265, §13A).
Result: Attorney Patrick J. Noonan successfully sealed the charges from the client’s criminal record. Client may now report that he was never arrested, charged, or convicted of these offenses.
Commonwealth v. Jane Doe – Gloucester District Court
CHARGE OF NEGLIGENT OPERATION AGAINST COLLEGE STUDENT FOR CAUSING A SERIOUS CAR CRASH ON ROUTE 128 RESULTING IN INJURIES TO SEVERAL PEOPLE IS DISMISSED AT CLERK MAGISTRATE HEARING.
Massachusetts State Police and Gloucester Police were dispatched to Route 128 in Gloucester for a report of a head-on collision car crash. The Defendant, a college student, was driving with her four friends in her vehicle. Defendant approached Exit 13 when she realized that the turn off the exit was sharper than she had anticipated. She applied her brakes and attempted to make the sharp right-hand turn when her vehicle began to skid and she lost control of the vehicle. Her vehicle crossed the highway, traveled across the grassy infield, and struck another vehicle head-on. Investigators determined that the Defendant’s vehicle traveled a distance of 266 feet from the point where she applied her brakes to the point of impact with the other vehicle. There was significant and serious damage to both vehicles. All four passengers in the Defendant’s car were injured and transported to the hospital where several of them suffered from serious injuries. Police charged the Defendant with Negligent Operation of a Motor Vehicle also referred to as Operating to Endanger. G.L. c. 90, §24.
Result: At the Clerk-Magistrate Hearing, Attorney Gerald J. Noonan persuaded the Clerk-Magistrate to drop the Negligent Operation criminal charge and to find his client responsible for speeding. Attorney Noonan pointed out that Exit 13 is a dangerous exit to those unfamiliar with it, as there is a deceptive sharp turn in taking Exit 13. The client was unfamiliar with the sharp turn, which played a factor in the accident. Attorney Noonan argued that his client’s car insurance had ample coverage to compensate those who were injured in the accident. Finally, Attorney Noonan pointed out that his client is an honor student at Salve Regina University in Rhode Island where she is studying in hopes of becoming a medical doctor. The client was negligent in operating her vehicle but Attorney Noonan felt that his client should not have to suffer the consequences of having a criminal record for causing this accident.
Commonwealth v. G.D. – Stoughton District Court
ASSAULT & BATTERY CHARGE AGAINST ELECTRICIAN DISMISSED AT TRIAL OVER THE OBJECTION OF THE ALLEGED VICTIM AND THE DISTRICT ATTORNEY’S OFFICE.
Client, an Electrician and Canton resident, was charged with Assault & Battery against his wife. Canton Police were dispatched to the parking lot of the client’s condominium in response to a 911 call made by his wife. Upon arrival, the wife, visibly upset at the scene, alleged that the client was angry with her and ripped her pocketbook out of her hands causing the contents of the pocketbook to be scattered about the parking lot. The client told police that they had a verbal argument but the police decided to arrest him and charge him with Assault & Battery.
Result: This case had a complicated history. The wife had taken out several restraining orders against the client where she made very serious allegations against him. Specifically, she claimed that the client had forced sex upon her, had threatened to kill her on multiple occasions, and even attempted to kill her. During the restraining order hearings, Attorney Patrick J. Noonan vigorously cross-examined the wife and locked her into many lies, false allegations, and contradictory statements, which he planned on using against her at the client’s criminal trial. For example, the wife claimed that the Defendant had murdered his first wife but Attorney Noonan had irrefutable evidence that his first wife died of cancer. The wife further alleged that the Defendant took out a life insurance policy on her and was motivated to kill her to collect millions of dollars but Attorney Noonan had a witness from the insurance company ready to testify that these allegations were untrue. The wife alleged that the client had taken to Florida to feed her to alligators but Attorney Noonan had pictures from their trip to Florida showing the wife posing with stuffed alligators while laughing and having a good time. On a prior occasion, the wife called the police to report that the client had weapons in his house that he planned to kill her with but Attorney called the investigating officer as a witness who was prepared to testify that he searched the client’s home and did not find any weapons. Attorney Noonan had evidence to prove that the wife told lie after lie after lie. On the day of trial, the wife claimed that she needed an interpreter in order to testify but there was no interpreter in court. After speaking to the wife, the prosecutor requested a continuance of the trial so they could arrange to have an interpreter at the next trial date. Attorney Noonan objected to a continuance of the trial, and moved for trial, arguing that the wife did not need an interpreter because she had previously testified, in the same court, in two different hearings, without an interpreter and she did not have any difficulty speaking or understanding English and she previously filed written Affidavits, in English, in her own writing without the assistance of anyone. The Judge found that the wife did not need an interpreter to testify. The wife was faced with an ultimatum: Either she testifies at trial right now or the case gets dismissed. The wife elected not to testify. Attorney Noonan moved to dismiss the case. The Judge dismissed the case over the objection of the prosecutor and the wife.