Case Results
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.
Commonwealth v. John Doe – Plymouth District Court
ALLEGATIONS AGAINST DEFENDANT FOR THREATS TO COMMIT MURDER BY EX-GIRLFRIEND DISMISSED, AS ATTORNEY PATRICK J. NOONAN PRESENTS EVIDENCE THAT THE EX-GIRLFRIEND SOUGHT THE CRIMINAL CHARGE IN ORDER TO GET CUSTODY OF THEIR SON.
Client and his ex-wife girlfriend were in a heated and contentious court battle over the custody of their 18 month-old son in the Family Court. Previously, the girlfriend reported to police that the client had kidnapped their child and brought the child to Florida with no intention of returning the child. As a result of the girlfriend allegations, a warrant issued for the client’s arrest for the crime of Parental Kidnapping (G.L. c. 265, §26A). Attorney Patrick J. Noonan was able to get the Parental Kidnapping charge dismissed prior to arraignment and the client was never charged with that crime. Subsequently, the girlfriend went into the Plymouth Police Department and reported that the client had sent her text messages where he threatened to kill her. As a result of this allegation, the police filed an Application for Criminal Complaint against the client for Threats to Commit a Crime, the crime being Murder (G.L. c. 275, §2).
Result: At the Clerk-Magistrate Hearing, Attorney Patrick J. Noonan presented evidence that the girlfriend was motivated to accuse the client of threatening to kill her as a strategy and as a way to win custody of the child in the Family Court. Attorney Noonan presented evidence that the girlfriend made a written proposal to the client where she stated that she would agree to drop the criminal charges against the client in exchange for the client giving her custody of the child. After the hearing, the Clerk-Magistrate did not issue the criminal complaint against the client.
Jane Doe vs. John Doe – Attleboro District Court
RESTRAINING ORDER AGAINST PROFESSIONAL WRESTLER BY WIFE, ALLEGING ABUSE AND SEEKING IMMEDIATE CUSTODY OF CHILD, IS TERMINATED AFTER ATTORNEY PATRICK J. NOONAN PRESENTS EVIDENCE SHOWING THAT THE WIFE’S CLAIMS ARE NOT CREDIBLE AND INSUFFICIENT AS A MATTER OF LAW. CLIENT IS NOW ALLOWED TO SEE HIS SON.
Client, a professional wrestler, had a short-term marriage to his wife and they have a 10 month-old son together. The wife obtained an Abuse Prevention Order (G.L. c. 209A) from a Judge, which granted her immediate custody of the son. Client was ordered to move out of his own house, have no contact with his wife or child, and to stay away. Client immediately hired Attorney Patrick J. Noonan who represented the client at a hearing where he sought to terminate the Order. At the hearing, the wife claimed that the client suffered from bi-polar disorder, was mentally unstable, engaged in fits of rage, was suicidal, and had refused to take his bi-polar medication. The wife claimed that the client’s family knew all about his bi-polar disorder.
Result: At the hearing, Attorney Patrick J. Noonan called the client’s mother to testify. His mother was a nurse who worked in a psychiatric unit. The mother testified, credibly, that the client did not have bi-polar (or any other mental illness), was never suicidal, and was certainly not mentally unstable. The mother’s testimony completely refuted the wife’s wild allegations that the client was mentally unstable. The mother testified that she would often babysit the child because the client worked long hours, as the sole financial provider for his wife and child. The mother frequently observed the client interacting with his child and testified, credibly, that the client was a loving and caring father, contrary to the wife’s claims. The mother testified to an incident where the wife had punched the client in the face. The mother testified that the wife had a history of blowing things out of proportion. After the hearing, the judge vacated the restraining order. Now, the client can see his son.
Commonwealth v. John Doe – Westborough District Court
CHARGE OF IMPROPER STORAGE OF A FIREARM AGAINST U.S. NAVY VETERAN DISMISSED AT CLERK-MAGISTRATE’S HEARING.
Westboro Police was notified by the suicide prevention line that they received a phone call from a female who was contemplating suicide and threatened to “shoot themselves.” However, the caller did not leave any information. Police began to ping the cell phone number and they learned that the cell phone belonged to the Defendant. Police then responded to the Defendant’s apartment where they encountered the female caller who stated that her boyfriend, defendant, owned a firearm. Police ran a search, which revealed that the Defendant had a License to Carry Firearms (LTC) from Georgia. Police then questioned the Defendant as to whether he had a firearm in his apartment. Defendant stated that he had his firearm in the bedroom closet. However, the female told police that she had possession of the Defendant’s firearm. Police seized the firearm from the female and transported her to the hospital for a mental health evaluation. Westboro Police charged the Defendant with Improper Storage of a Firearm (G.L. c. 140, § 131L.
Result: At the Clerk-Magistrate Hearing, Attorney Gerald J. Noonan presented evidence regarding his client’s military service. Client was honorably discharged after serving six years in the U.S. Navy. He attained the rank of 2nd Class Petty Officer and worked as an Aviation Electronic Technician. Attorney Noonan presented evidence of awards and medals his client earned from his valiant military service. Client had no criminal record. The client wanted to work for the Department of Defense as a civilian operations network engineer and the outcome of this criminal complaint had the potential to bar him from even applying. In light of the client’s background, military service, and plans for future employment, the clerk-magistrate did not issue the complaint.
Commonwealth v. J.W. – West Roxbury District Court
PROSECUTION AGREES TO DROP DOMESTIC VIOLENCE CHARGE ON THE DAY OF TRIAL, AS ATTORNEY GERALD J. NOONAN HAD WITNESSES READY TO TESTIFY THAT THE VICTIM ATTACKED THE DEFENDANT AND HE ACTED IN SELF-DEFENSE.
Defendant was charged with Assault and Battery upon the adult daughter (alleged victim) of his longtime girlfriend. The alleged victim claimed that the Defendant punched her in the face, causing her to go to the emergency room where she was treated for injuries to her face. Defendant had a prior conviction for domestic violence.
Result: Attorney Gerald J. Noonan had two witnesses prepared to testify that the victim was a violent person who attacked them both on prior occasions. Attorney Gerald J. Noonan had another witness prepared to testify that he witnessed the victim attack the Defendant on a prior occasion. Attorney Noonan was prepared to introduce ample evidence showing the victim’s violent character and prior acts of violence initiated by the victim. Attorney Noonan produced two witnesses who witnessed the actual incident between the Defendant and the victim. The two witnesses were prepared to testify that they observed the victim attack the Defendant and they saw the Defendant act in self-defense. On the day of trial, the prosecutor agreed to dismiss the charge after one-year, so long as the Defendant complied with conditions and stayed out of trouble. With this outcome, Defendant was not required to admit any guilt or wrongdoing.