Case Results
Commonwealth v. M.C. – Brockton District Court
ATTORNEY GERALD J. NOONAN CONVINCES CLERK-MAGISTRATE TO DISMISS GUN CHARGES AGAINST LOCAL RESTAURANT OWNER.
Client, a 41 year-old owner of a local restaurant and resident of Abington, was charged with Improper Storage of a Firearm and Failure to Surrender his Firearms to Police. The Police Report alleged: Abington Police were dispatched to the Client’s residence for a domestic dispute with his girlfriend. The Client had a valid License to Carry Firearms (LTC). When the police arrived to his residence, the Client responsibly informed the Police that he legally owned and possessed an AR-15 Assault Rifle and a .40 Caliber Smith and Wesson handgun. Prior to the police arriving, the Client placed all his firearms on his kitchen table so that the police were made aware that he possessed guns in his home. When the domestic dispute was resolved, the police instructed the Client to secure his firearms. As the client was securing his firearms, the police observed that the AR-15 Assault Rifle was not properly secured, as it was not in a secured container or equipped with a trigger lock. As a result, the police informed the Client that he would be charged with Improper Storage of the Firearm. As he was being charged with a firearms offense, the Client was required by law to surrender all his firearms to the police. The Client failed to promptly surrender his firearms to the police and was charged with that offense as well.
Result: The Client received notice that he would be arraigned in court on the gun charges. If he were arraigned, the gun charges would go on the Client’s criminal record. Attorney Gerald J. Noonan filed a Motion to Dismiss the case prior to his Client’s arraignment on the grounds that his Client was entitled to a Clerk-Magistrate’s Hearing prior to being arraigned. The charges were dismissed prior to arraignment and the Client was given his right to a Clerk Magistrate’s Hearing. At the Clerk Magistrate’s Hearing, Attorney Gerald J. Noonan presented evidence that his Client had his Assault Rifle trigger-locked prior to the police arriving to his home. The trigger lock was on his nightstand in his bedroom but the Client forgot to trigger-lock the rifle when the police were watching him secure his firearms. The Client forgot to trigger lock his rifle because he was nervous when the police were watching him secure his firearms. With regards to the charge of Failure to Surrender his Firearms, Attorney Noonan showed that his Client surrendered his firearms less than 48 hours after the police instructed him to. After taking Attorney Noonan’s arguments into consideration, the Clerk Magistrate dismissed all charges thereby saving his client from having any criminal charges on his record.
Commonwealth v. M.M. – Quincy District Court
FELONY LARCENY CHARGE AGAINST MECHANIC FROM CARVER IS REDUCED TO A MISDEMEANOR UPON PROOF BY THE DEFENSE THAT THE VALUE OF STOLEN PROPERTY WAS UNDER $250.
Client, a 48 year-old Mechanic from Carver, was arrested at the Sears Department Store in the Braintree Mall for allegedly stealing merchandise with his wife. The Loss Prevention Department at Sears observed the Client and his Wife conceal merchandise in a shopping bag. The Security Guard observed the wife try on a Lands End Jacket and hand it to the Client who then walked out of the store without paying for the Lands End Jacket. The Client’s wife walked out of the store with stolen merchandise in her shopping bag. According to the Police Report, the value of all the stolen items was $346.98. The Client was charged with Larceny over $250, which is a felony. What distinguishes a felony larceny from a misdemeanor larceny is the value of the stolen items. If the value of the stolen items is over $250, it is a felony.
Result: Attorney Patrick J. Noonan conducted an investigation and contacted the Loss Prevention Department at Sears and discovered that the value of the Lands End Jacket, stolen by the client, was $169.00. Attorney Noonan filed a Motion to Dismiss the felony Larceny over $250 charge on the grounds that the evidence discovered by the defense showed that the value of the stolen item was under $250. The District Attorney agreed to reduce the felony to a misdemeanor.
Commonwealth v. D.B. – Woburn District Court
CLIENT, A MICHIGAN RESIDENT, WHO WAS CHARGED WITH 15 COUNTS OF LARCENY, FORGING CHECKS AND UTTERING FALSE CHECKS HIRED ATTORNEY GERALD J. NOONAN WHO GOT ALL CHARGES DROPPED UPON THE PAYMENT OF RESTITUTION AND THE CLIENT DIDN’T HAVE TO APPEAR IN COURT.
The Client, a resident of Michigan, was in Massachusetts on business and he went to the Staples Store in Woburn. Client wrote 5 checks to purchase gift cards. The 5 checks were all for amounts of around $100.00. After completing the transactions, the store manager approached the Defendant to speak to him about the checks but the Defendant fled the store. The store manager was able to get the license plate of the defendant’s vehicle, as it fled the store. An investigation by Woburn Police revealed that the Defendant forged a false name on the checks. Police located the Defendant in Michigan where he was currently on probation for committing similar larcenies and forgeries.
Result: Attorney Gerald J. Noonan contacted the District Attorney’s Office and was able to reach an agreement where the Commonwealth would agree to drop all charges so long as the Defendant paid Staples restitution. Attorney Gerald J. Noonan provided the District Attorney with proof that his client paid Staples the restitution they were owed. The Commonwealth dropped all charges and the Defendant did not even have to appear in court.
Commonwealth v. M.D. – Brockton District Court
Docket No.: 1315 CR 5197
CHARGES AGAINST BROCKTON MAN FOR HITTING VICTIM IN THE HEAD WITH A BASEBALL BAT ARE DISMISSED AS THE TRIAL WAS UNDERWAY.
On 09/09/13, Brockton Police were called to Panorama Pizza in Brockton for a report of a male bleeding profusely from his head after being struck in the head with a baseball bat. Upon arrival, police observed trails of blood in the parking lot and large pools of blood inside Panorama Pizza. The Defendant, a 29 year-old pizza delivery man, admitted to police that he struck the victim in the head with a baseball bat but that it was in self-defense. Due to the severity of the head injury and the amount of blood loss, the victim was taken by helicopter to the hospital in Boston where he stayed for almost one week.
The Defendant was charged with Assault and Battery with a Dangerous Weapon (G.L. c. 265, §15A), a felony offense punishable up to 10 years in state prison.
The Noonan Defense Team thoroughly prepared the case for trial where they intended to assert that the Defendant was justified in using deadly force in self-defense. The Defendant and the victim were employees at Panorama Pizza in Brockton. The Noonan Defense Team interviewed the other employees at the pizza shop and intended to have all three employees testify at trial. At the trial, the Commonwealth moved to introduce a surveillance video, which showed the Defendant strike the victim in the head with the baseball bat.
Attorney Patrick J. Noonan sought to introduce the following evidence at trial: The pizza shop employees would testify that the victim had a reputation for being a violent and quarrelsome person. The employees would testify that the victim would show up to the pizza shop on a regular basis highly intoxicated and would act aggressively toward the employees. The employees would testify to approximately 10 instances where the victim would threaten to cause bodily harm to the Defendant. The employees would testify to an incident where the victim threatened a police officer and was almost arrested. Finally, the employees would testify to an incident that occurred at 8:00 p.m. just one hour before the assault in question where the victim showed up to the pizza shop highly intoxicated and made threats to the manager and the Defendant. Despite the efforts of the manager and the Defendant, the victim refused to leave and go home. The victim remained outside the pizza shop where he proceeded to stare at the Defendant in a threatening manner. At the top of his lungs, the victim screamed threats to cause bodily harm to the Defendant. The victim leaned against the Defendant’s car and waited for him to come outside knowing that the Defendant would eventually have to go to his car to deliver pizzas. Fearing that the victim would physically attack him, the Defendant called the police to have the victim removed from the premises. The police arrived and removed the victim from the premises.
One hour after being removed from the premises by the police, the victim returned to the pizza shop where he confronted the Defendant in the parking lot. As the Defendant was exiting his car, he observed the victim quickly approaching him in an aggressive manner. Fearing that the victim was about to attack him, the Defendant grabbed a miniature-sized baseball bat that he kept in his car for protection. The victim got in the Defendant’s face and made threats to “kill him.” Prior to using the bat in self-defense, the Defendant pushed the victim back and yelled for him to “back up” but the victim continued with his threats to kill him. With no other alternative and having a legitimate fear that the victim would seriously harm him, the Defendant struck the victim in the head with the baseball bat. The victim was completely unfazed by the blow to the head and continued to pursue the Defendant who then ran inside the pizza shop for safety.
Attorney Patrick J. Noonan intended to call an expert witness in Toxicology and Physiology. The expert witness would testify that the victim had a blood alcohol level of 0.24 when he showed up to the pizza shop at 8:00 p.m. and that the victim had a blood alcohol level of 0.22 when he showed up an hour later and confronted the Defendant in the parking lot. The expert witness would also testify as to the signs and symptoms that a person exhibits in this state of intoxication, which include: exaggerated emotional states (such as rage), emotional instability, loss of critical judgment, and increased pain threshold.
At the start of the trial, Attorney Patrick J. Noonan argued a Motion in Limine to introduce evidence of the victim’s violent character and to introduce six specific instances of violence committed by the victim. The DA objected and moved to exclude each of the six instances of violence committed by the victim. After a hearing, the trial judge ruled that Attorney Noonan could introduce 4 of the 6 instances of violence committed by the victim. In addition, Attorney Patrick J. Noonan moved to introduce testimony from his expert as to the level of the victim’s intoxication along with the mental state and behavior associated with such a high level of intoxication. Again, the DA objected and moved to exclude the expert from testifying. After a hearing, the trial judge ruled that Attorney Noonan could introduce the proposed testimony from his expert.
Result: After the hearing in which the trial judge ruled that Attorney Patrick J. Noonan could introduce evidence of the victim’s violent character, the four specific instances of violence committed by the victim, and the expert testimony as to the victim’s high level of intoxication, the DA moved to dismiss the case before the jury was empaneled.
“Man beaten with baseball bat outside Brockton pizza shop.” http://www.wcvb.com/article/man-beaten-with-baseball-bat-outside-brockton-pizza-shop/8188389
Commonwealth v. N.K. – Brockton District Court
CRIMINAL CHARGES AGAINST PARALEGAL ARE DISMISSED AS ATTORNEY GERALD J. NOONAN PRESENTS ALIBI EVIDENCE SHOWING THAT THE DEFENDANT WAS SOMEWHERE ELSE AT THE TIME OF THE CRIME.
State Police were dispatched to the scene of a motor vehicle crash on Route 24. Upon arrival, the officer spoke to a woman who was the victim of a hit and run accident. Upon arrival, the officer observed that the victim was in distress.
The victim stated that she was rear-ended by a black SUV. The female operator of the black SUV approached the victim to inquire if she was injured to which the victim stated that she was injured. The female operator then fled the scene. The victim described the female operator as having black curly hair and light skin.
The officer observed significant rear-end damage to the victim’s vehicle especially damage to the vehicle’s rear hatchback. The victim told the officer that she suffered injuries to her head, neck, and back. The victim was taken by ambulance to the emergency room. A couple days later, the victim contacted the officer and told him that she found the other vehicle’s license plate inside the rear of her hatch-back. The officer ran the vehicle’s license plate, which came back to the Defendant. The officer printed out the Defendant’s driver’s license photo and presented a photo array to the victim. Without hesitation, the victim identified the Defendant’s picture as the woman who hit her vehicle and fled the scene. The State Police filed applications for criminal complaints against the Defendant for: Leaving the Scene of an Accident causing Personal Injury. The Defendant was a paralegal at a reputable law firm.
Result: At the Clerk Magistrate’s Hearing, Attorney Gerald J. Noonan presented certified hospital records showing that the Defendant was a patient in the hospital at the time of the hit and run accident so the Defendant could not have the perpetrator. After presenting this alibi evidence, the Clerk-Magistrate dismissed the criminal complaint.
Commonwealth v. N.A. – Fall River District Court
Docket No.: 1632 CR 5402
ATTORNEY PATRICK J. NOONAN PERSUADES DA TO DISMISS ALL CHARGES SO LONG AS THE DEFENDANT CONTINUES WITH HIS MENTAL HEALTH TREATMENT.
The Defendant was a 24 year-old Lakeville man who was an Analyst for a medical technology company and had no criminal record. The Defendant’s employer contacted the Defendant’s father and reported that the Defendant abruptly left work and left a picture on his desk of loaded firearm. Later that day, police responded to a residence in Freetown due to the home’s alarm system being activated. Upon arrival, Defendant answered the front door holding a bottle of wine and he admitted that he did not live there.
Police arrested the Defendant and charged him with: Breaking and Entering in the daytime with the intent to commit a felony under G.L. c. 266, §18, a felony punishable up to 10 years in state prison. Due to the damage caused throughout the home, police charged the Defendant with Vandalism under G.L. c. 266, §126A, a felony offense punishable up to 3 years in state prison and a mandatory one year loss of driver’s license.
Back at the Freetown Police Station, the Defendant’s behavior became increasingly bizarre. In his jail cell, Defendant stripped naked and proceeded to exercise and do push-ups. Defendant made statements that made no sense and would freak out whenever officers approached him. It turned out that the home the Defendant broke into was his childhood home. Defendant had not lived there since he was very young and gave no explanation as to why he decided to break in.
Due to his bizarre, unusual, and erratic behavior, police had the Defendant taken to hospital for an evaluation. The emergency room physician made out an Application for Temporary Involuntary Hospitalization pursuant to Section 12(a), as he believed that the Defendant was suffering from a mental illness and posed a likelihood of serious harm to himself or others.
The Defendant was committed to an impatient mental health facility where he exhibited manic psychotic-type behaviors. He believed he worked at the hospital as an entrepreneur. He also stated that he was a member of the hospital’s staff. He was seen dancing in the hallways. He believed messages were being communicated to him through the television set and he even attempted to escape from the facility by posing as a hospital employee. Defendant was diagnosed as suffering from Major depressive disorder, severe, with psychotic features and possibly Schizophrenia.
At his first court date, Attorney Patrick J. Noonan requested that the District Attorney’s Office place his client on Pretrial Probation for one-year with certain conditions. At first, the DA’s Office refused Attorney Noonan’s proposal and stated that the Defendant was not an appropriate candidate for Pretrial Probation.
Attorney Patrick J. Noonan presented a package to the DA in support of his request for Pretrial Probation, which included the following: First, Attorney Noonan spoke to the homeowners who knew the Defendant and his family and the homeowners stated that they had no desire to press charges and they did not seek any restitution for the damage to their home. Second, Attorney Noonan provided the DA with documentation regarding the Defendant’s mental health treatment. Attorney Noonan provided the DA with a letter from the Defendant’s Psychiatrist who stated that the Defendant’s mental condition has stabilized and he was doing very well with the medications he was prescribed. In addition, Attorney Noonan provided the DA with a letter from the Defendant’s mental health counselor who stated that the Defendant’s mental condition has stabilized and he was doing very well with weekly therapy sessions. The psychiatrist and mental health counselor believed that the incident was due to the sudden onset of an untreated mental illness and not due to any criminal intent. Attorney Noonan provided the DA with documentation showing that the Defendant signed a one-year contract to work as an Analyst for a very reputable company. Lastly, Attorney Noonan argued that the incident was caused by a sudden, acute mental illness and not the result of any criminal intent.
Result: After reviewing all the information and documentation provided by Attorney Patrick J. Noonan, the DA’s Office changed its position and agreed that the Defendant was not a criminal but a person who suffered from a legitimate mental illness, which was the cause of the whole incident. The DA’s Office agreed with Attorney Noonan’s terms that all charges would be dismissed outright after one-year so long as the Defendant continues with his present course of treatment. With Pretrial Probation, the Defendant did not have to admit that he committed a crime.
Commonwealth v. R.P. – Taunton District Court
CHARGES DISMISSED AT TRIAL AS ATTORNEY GERALD J. NOONAN MOVES THE COURT TO HAVE THE ALLEGED VICTIM EVALUATED FOR A FIFTH AMENDMENT PRIVILEGE AGAINST SELF-INCRIMINATION.
Defendant was arrested for strangling or suffocating his mother and violently assaulting her with a dangerous weapon. Defendant had a lengthy history of psychiatric hospitalizations and severe mental health disorders. At his arraignment, Defendant was involuntarily committed to a mental health facility for a competency and criminal responsibility evaluation. The forensic evaluator determined that the Defendant was competent to stand trial. The forensic evaluator had a conflicting opinion as to whether the Defendant was criminally responsible for his actions or whether he lacked criminal responsibility for his actions due to his mental illness. As a result, the issue of criminal responsibility was an uncertainty heading into trial.
Result: Through his pretrial investigation, Attorney Gerald J. Noonan discovered evidence that the alleged victim may have committed a crime during the alleged incident. On the day of trial, the alleged victim appeared ready to testify against the Defendant. Attorney Gerald J. Noonan moved the Court to appoint an Attorney to evaluate the alleged victim to see if she had a Fifth Amendment privilege against self-incrimination. That is, to see whether the alleged victim would incriminate herself if she were to testify against the Defendant. After evaluating the alleged victim, the Attorney reported to the court that the alleged victim had a valid Fifth Amendment privilege against self-incrimination. As a result, the alleged victim invoked her Fifth Amendment privilege and decided not to testify against the Defendant. Attorney Gerald J. Noonan moved to dismiss the case arguing that the Commonwealth could not prove its case without the testimony of the alleged victim.
Commonwealth v. J.C. – Taunton District Court
NO CRIMINAL COMPLAINT ISSUED AGAINST 19 YEAR-OLD GIRL WHO ADMITTED TO SHOPLIFTING NECKLACE FROM KOHLS DEPARTMENT STORE.
Defendant was a 19 year-old recent high school honors graduate from New Jersey who admitted to shoplifting a necklace from the Kohl’s Department Store in Seekonk. Seekonk Police received a call from the Loss Prevention Department at Kohl’s Department Store reporting that two females left the store in a vehicle after shoplifting items. A police officer stopped the vehicle. Loss prevention officers from Kohl’s went to the scene of the vehicle stop and identified the driver and the passenger (defendant) as the females who stole items from the store. The Defendant and the other female were seen on a surveillance video as leaving the store with stolen items. The Defendant admitted to stealing a $16.00 necklace while the other female admitted to stealing $130.00 in merchandise.
Result: Attorney Gerald J. Noonan presented evidence that the Defendant was a recent high school graduate who finished her senior year with near straight A’s and was also a member of the National Honor Society. Attorney Noonan also presented a letter from the Defendant’s high school Social Studies teacher who attested to her character and work ethic. In addition, Attorney Noonan presented a certificate in recognition of the Defendant’s volunteer work. Lastly, Attorney Noonan argued that the Defendant was in the process of applying to colleges and a criminal charge on her record would affect her education, career opportunities, and her future. Attorney Gerald J. Noonan argued that the Defendant made an error in judgment and deserved a second chance. The Clerk-Magistrate dismissed the criminal complaint and Attorney Gerald J. Noonan saved his 19 year-old client from having a criminal charge on her record.