Case Results
Commonwealth v. O.M. – Brockton District Court
CHARGES DISMISSED AT CLERK’S HEARING FOR ACCIDENT CAUSING INJURIES TO PEDESTRIANS
Our client was charged with Unlicensed Operation of a Motor Vehicle and Marked Lanes Violation as a result of a car accident. Witnesses reported to police that our client’s vehicle turned into a parking lot, drove through a parking space, struck a wooden pillar, went through some bushes, and struck two pedestrians before crashing into a building.
Result: At the Clerk Magistrate Hearing, the injured pedestrians appeared and wanted additional criminal charges brought against the client. Attorney Gerald J. Noonan argued that his client was responsible for causing the accident but she should not be charged criminally because the case was being resolved through his client’s car insurance. Attorney Noonan presented evidence showing that his client’s insurance accepted fault for the accident and his client’s insurance policy had ample coverage to compensate the victims for their injuries.
Commonwealth v. S.K. Boston Municipal Court
CHARGES OF USING A FAKE I.D. AND UNDERAGE DRINKING ARE DISMISSED AGAINST EMERSON COLLEGE STUDENT
Boston Police went to The Tam, a bar on Tremont Street in Boston, to conduct a licensed premises inspection. While surveilling the crowd of patrons drinking at the bar, police noticed a patron (our client), who looked underage, drinking a Rolling Rock beer. Police approached our client and asked him for proof of his age. Our client handed the officer an I.D. that was fake. Our client admitted to the officers that it was a fake I.D. and provided his real driver’s license showing that he was under the age of 21.
Result: At the Clerk’s Hearing, Attorney Gerald J. Noonan presented character evidence showing that his client was a good kid, who made a stupid mistake, and should be given a break. Attorney Noonan introduced his client’s transcript at Emerson College showing that he was a Dean’s List student. Attorney Noonan presented a letter from one of our client’s professors at Emerson College attesting to his good character, work ethic, and how great of a student he was. Our client is majoring in Sports Communications and wishes to someday become a sport’s broadcaster.
Commonwealth v. P.G. – New Bedford District Court
SEXUAL ASSAULT CHARGES AND ALLEGATIONS OF CHILD RAPE ARE DISMISSED ON DAY OF TRIAL, AS ATTORNEY PATRICK J. NOONAN WAS ARMED WITH EVIDENCE SHOWING THE VICTIM WAS SEXUALLY ABUSED BY HIS BIOLOGICAL FATHER, AND NOT THE DEFENDANT.
The alleged victim (A.V.) was the Defendant’s step-son who he helped raise since the child was very young. Defendant and A.V.’s mother divorced. After the divorce, Defendant had no contact with A.V. or his ex-wife. Approximately seven years later, A.V. accused the Defendant of sexually abusing him even though he had not seen him for many years. Through investigation, Attorney Patrick J. Noonan learned that A.V. had a long history of engaging in sexually inappropriate behavior. A.V. got into trouble in daycare for engaging in sexual behavior with other children. A.V. got into trouble for engaging in sexual behavior with a neighbor. A.V. got into trouble, several times, at school for engaging in sexual behavior with other kids. Whenever A.V. got into trouble for his sexual misconduct, he was sent to therapy. Eventually, A.V.’s sexualized behavior escalated to the point where he sexually assaulted another student and, as a result, A.V. was criminally charged for his conduct. When A.V. was being interrogated by police after being charged for his own criminal conduct, A.V. accused the Defendant, for the first time, of sexually abusing him, even though A.V. had not seen the Defendant in seven years.
Result: Attorney Patrick J. Noonan conducted an investigation and gathered records of A.V.’s therapy sessions with various social workers and mental health counselors. Attorney Patrick J. Noonan discovered that A.V.’s counselors believed that A.V. was being sexually abused by his biological father, and not the Defendant. Attorney Noonan obtained records from the Department of Children and Families showing that A.V.’s mother reported her concerns that A.V.’s biological father might be sexually abusing him. On the day of trial, Attorney Patrick J. Noonan had two of A.V.’s therapists ready to testify that, in their opinion, A.V. was being sexually abused by his biological father, and not the Defendant. Attorney Noonan was prepared to prove that the real abuser was A.V.’s biological father, not the Defendant. Attorney Noonan was prepared to show that A.V. had a motive to falsely accuse the Defendant of abusing him because A.V. was too afraid to tell police or others that it was his biological father who had been abusing him.
Commonwealth v. K.T. – Somerville District Court
ASSAULT & BATTERY CHARGE AGAINST VIETNAMESE NAIL TECHNICIAN DISMISSED AT CLERK’S HEARING, AS ATTORNEY GERALD J. NOONAN PRESENTS EVIDENCE THAT HIS CLIENT ACTED IN SELF-DEFENSE
The Client is a 32 year-old Vietnamese woman with no criminal record. She works six days a week as a nail technician to support her family, which includes two children, one of whom is severely autistic. On the date of the incident, the client, her husband, and two children were sitting in their SUV in the parking lot of a Starbucks. Her husband, who was sitting in the driver’s seat, was programming an address into the GPS. Meanwhile, a female in a vehicle was waiting to use the client’s parking space. The female operator began to beep her horn and was motioning for the client to back out of the parking space. The client’s severely autistic son became upset, as the other woman was beeping of the horn. The client rolled down the window and told the female to wait but the other female yelled that to the client that she was taking up two parking spaces. The client exited her vehicle and approached the other female and a heated argument ensued. The client claims that the other female made a racial slur, saying: “Go back to where you came from!” The verbal argument turned physical. The female told police that the client punched her, grabbed her, and pulled her. The officer observed that the female was bleeding and had swelling and redness under her left eye. However, the female did admit to the police officer that there was mutual fighting between her and the client. The officer then spoke to the client who stated that the female kicked her in the leg. The officer observed bruises to the client’s leg. The officer charged our client with Assault and Battery for having punched the other female in the face.
Result: At the Clerk Magistrate Hearing, Attorney Gerald J. Noonan argued that his client acted in self-defense when she struck the other female. The police was vague as to who struck who first. The police report did not contain any concrete evidence showing that the client struck first. The police report did give the impression that the fighting was mutual. Attorney Noonan pointed out that the officer also charged the other female with Assault & Battery with a Dangerous Weapon for having kicked the client with her shoe. After the hearing, the Clerk Magistrate declined to issue the complaint against our client.
Commonwealth v. P.M. – Wrentham District Court
IMPROPER STORAGE OF A FIREARM AGAINST MEDICAL TECHNOLOGIST DISMISSED, AS ATTORNEY GERALD J. NOONAN ARGUES THAT THE FIREARMS WERE INOPERABLE, HEIRLOOMS, WHICH WERE PASSED DOWN BY HIS GRANDFATHER.
Client’s ex-wife obtained a 209A abuse prevention order against her ex-husband, the Defendant. Franklin Police went to the Defendant’s home in Franklin to serve him with the restraining order and to seize his firearms. Police observed that the firearms were in a case but not properly secured and they charged the client with Improper Storage of a Firearm (G.L. c. 140, §131L)
Result: Client received a summons to appear in Wrentham District Court for an arraignment on the charge of Improper Storage of a Firearm. Client immediately retained Gerald J. Noonan who was able to dismiss the criminal complaint prior to arraignment on the grounds that his client was entitled to a clerk-magistrate’s hearing prior to the issuance of any criminal charge. If the client were arraigned, the gun charge would be on his record. At the clerk’s hearing, Attorney Noonan argued that the firearms were inoperable. The firearms were passed down to the client by his deceased grandfather. Client never fired the guns nor did he have any ammunition for the guns. The client was planning on selling the firearms to a dealer and using the money to make a down payment on a new house. Client was a Medical Technologist and biomedical laboratory technician. Client had no criminal record. The clerk magistrate decided to hold the matter open for a period of time and so long as the client stays out of trouble the charge will be dismissed.
Stonehill College vs. Student
NO CRIMINAL CHARGES OR DISCIPLINARY ACTION AGAINST STONEHILL COLLEGE STUDENT FOR PUNCHING ANOTHER STUDENT IN THE FACE RESULTING IN STITCHES AND MEDICAL TREATMENT
Client was a junior at Stonehill College in Easton, MA. One night, he was attending an on-campus party when another male student approached him and told him that he had made advances on the client’s girlfriend. This entire incident was being video recorded on another student’s phone. For his advances on the client’s girlfriend, the male student offered to let the client punch him in the face. The Defendant declined the invitation. The male student then encouraged the client to punch him in the face. At the male student’s insistence, the client punched him in the face just one time. The client considered the matter resolved by one punch. Unfortunately, the male student began to bleed profusely from his head, which required medical treatment and numerous stitches. For some reason, the male student decided to report the incident to campus police. As a result, the school administration brought charges against the client for Assault & Battery pursuant to the school’s code of conduct. The client was facing very serious consequences, which included expulsion and termination from the school.
Result: Attorney Gerald J. Noonan prepared the client for a Hearing before the school administration for his violation of the school’s code of conduct. It was argued that the client did not commit an Assault and Battery because, like the criminal offense of Assault & Battery, the battery (or intentional touching) must be done without the other party’s consent. Here, the battery was consensual because the victim encouraged and insisted that the client punch him in the face. Based on the video, it was clear that the client had no intention to strike the victim and he even declined the victim’s invitation to punch him in the face. Although the client’s conduct may have been improper, he did not commit any criminal offense. After a hearing, the school decided not to expel or terminate the client from the school and they allowed him to graduate.
Commonwealth v. I.R. – Barnstable District Court
CHARGES OF FILING A FALSE POLICE REPORT AND IMPROPER STORAGE OF A FIREARM AGAINST CAPE COD MAN AND RUSSIAN IMMIGRANT ARE DISMISSED AT CLERK’S HEARING.
Defendant, a resident of Hyannis, called police while intoxicated to report that his roommate stole his gun. When Barnstable Police arrived at the scene, Defendant was intoxicated and was yelling that his roommate stole his gun. Police found the gun sitting on the top of some laundry. Police placed the Defendant in protective custody because he was intoxicated and posed a threat of harming himself or his roommate. Police charged Defendant with making False Reports to Police Officers (G.L. c. 269, §13A) due to falsely accusing his roommate of stealing his gun. Police also charged Defendant with Improper Storage of a Firearm.
Result: At the clerk’s hearing, Attorney Gerald J. Noonan convinced the clerk to dismiss the charge of Filing a False Police Report for lack of probable cause. Attorney Noonan brought Defendant’s roommate to the hearing as a character witness. The roommate worked for Defendant’s roofing company and Defendant gave him a place to live because he was homeless. The roommate did not want the Defendant charged and wanted the case dismissed. The roommate stated that the Defendant was a good boss and a good man for giving him a place to live while he got back on his feet. The criminal complaint will be dismissed so long as Defendant remains out of trouble.
Commonwealth v. M.D. – Brockton District Court
DEFENDANT’S CONFESSION TO POLICE OF STEALING $6,000 FROM HIS EMPLOYER ARE SUPPRESSED FROM EVIDENCE, AS ATTORNEY PATRICK J. NOONAN PROVES THAT POLICE DID NOT READ HIM HIS MIRANDA RIGHTS.
Client was an employee for a company in Brockton. A fraud investigator from the company confronted the Defendant with evidence showing that he stole more than $6,000 from the company. The fraud investigator told Defendant he was going to the police to report it and it would be a good idea for the Defendant to come along. At the Brockton police station, the fraud investigator gave the police officer company records showing the Defendant’s thefts from the company totaling more than $6,000. The police officer proceeded to interrogate and question the Defendant about the thefts. During the interrogation, Defendant admitted that he stole from the company. Based largely on his confession, the officer charged him with Larceny over $250 (G.L. c. 266, §30)
Result: Attorney Patrick J. Noonan filed a Motion to Suppress his client’s confession to the police officer on the grounds that the police officer did not read him his Miranda Rights. After a hearing, the judge allowed Attorney Noonan’s Motion to Suppress and his client’s confession is now suppressed from evidence. At trial, the Commonwealth cannot introduce any evidence that the Defendant confessed to the police officer that he stole the money.
Commonwealth v. Colin O. – Quincy District Court
ATTORNEY PATRICK J. NOONAN WINS NOT GUILTY VERDICTS ON ALL CHARGES, INCLUDING OPERATING UNDER THE INFLUENCE OF DRUGS, POSSESSION OF A CLASS C SUBSTANCE, AND OPERATING TO ENDANGER.
Quincy Police were dispatched to a call from a concerned citizen reporting that a person (defendant) was passed out and slumped over the steering wheel of his car. Upon arrival to the scene, police spoke to the witness who pointed to the Defendant’s car as it was leaving the scene. Police pursued the vehicle. When police came upon the vehicle, they discovered there had been an accident. Police spoke to the other driver who reported that the Defendant struck her vehicle. Police spoke to the Defendant who was lethargic and nodding off. Defendant admitted to smoking marijuana. Defendant admitted to recently taking a prescription medication called Seroquel, which made him very sleepy and tired. Police searched Defendant’s vehicle and discovered a pill, which was later tested and found to be Clonazepam, a Class C Controlled Substance. In his vehicle, police also found syringes and other items consistent with intravenous drug use. With the Clonazepam in the vehicle, police charged Defendant with Possession of a Class C Substance (G.L. c. 94C, §34). Police charged him with Operating under the influence of Drugs (G.L. c. 90, §24) and Operating to Endanger (G.L. c. 90, §24(2)(a).
Result: At trial, Attorney Patrick J. Noonan convinced the judge to find his client not guilty on all charges. First, Attorney Noonan convinced the judge that the Commonwealth failed to prove that Seroquel was a “drug.” The Commonwealth went on to claim that Defendant was under the influence of marijuana or heroin, or both. Second, Attorney Noonan argued that the police officer could not give an opinion that the Defendant was under the influence of marijuana or heroin because the police officer was not qualified as an expert. Third, the Commonwealth sought to prove that the pill was Clonazepam through a Drug Certificate of Analysis where the crime lab tested the pill and identified it as Clonazepam. Attorney Noonan convinced the judge to throw out the Drug Certificate because the Commonwealth failed to lay a proper foundation. Attorney Noonan introduced evidence that the pill identified in the Drug Certificate may not have been the same pill found in the trash can because the police officer testified that the pill in the vehicle was “blue” where the drug certificate identified the pill as “green.” Lastly, Attorney argued that his client had no idea that there was a pill in the vehicle. This was a work vehicle where other workers had access to the vehicle and the pill could have belonged to any of the workers who previously used the vehicle. Attorney Noonan argued that the Defendant did not have any knowledge that a Clonazepam pill was in the work truck because it was buried at the bottom of a trash barrel with other trash and discarded items.