Case Results
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.
Commonwealth v. L.A. – Brockton District Court
ATTORNEY PATRICK J. NOONAN CONVINCES A JUDGE TO VACATE AN OLD CONVICTION FOR A CRIME AGAINST THE PUBLIC JUSTICE AND THEN SUCCESSFULLY PETITIONS THE COMMISSIONER OF PROBATION TO SEAL IT FROM HIS CLIENT’S RECORD.
Client is a 70 year-old accountant, grandmother, and former drug-addict who had an old felony conviction from 1984 for smuggling drugs into a prison. The client had turned her life around but was always haunted by her past. Back in the 1980s, client had a terrible drug addiction. In 1984, she was arrested for attempting to smuggle cocaine into a prison for an inmate. She was convicted of the serious felony offense of Giving a Prisoner a Controlled Substance. That was the last time the client ever had any involvement with police or the court system. She committed herself to treatment and lived a life of sobriety ever since. She went back to school and earned a degree in Accounting and graduated at the top of her class with Highest Honors. She has been employed as an Accountant for over 30 years and has held the same job for nearly 15 years. Despite the remarkable turnaround in her life, she was always haunted by her old felony conviction, which was a constant reminder of her past. She petitioned the Commissioner of Probation in Boston to seal the felony conviction from her record. Regrettably, she was informed that the conviction was non-sealable because it was a Crime against the Public Justice. Her only hope was to have the felony conviction vacated, which she believed was impossible. Other attorneys told her that convincing a judge to vacate a conviction for this charge would be very difficult. In a leap of faith, she contacted Attorney Patrick J. Noonan who agreed to take on the case.
Result: Attorney Patrick J. Noonan made a compelling argument to a Judge of the Brockton District Court to vacate his client’s felony conviction. In a rare case, the Judge entered an order and vacated a conviction for a Crime against the Public Justice. With the conviction vacated, the Commissioner of Probation agreed to seal the charge from the client’s record.
Commonwealth v. J.N. – Hingham District Court
DOMESTIC ASSAULT & BATTERY CHARGE AGAINST MBTA WORKER DISMISSED AT TRIAL.
Rockland Police were dispatched to a residence in Rockland in response to a 911 call from the Defendant’s girlfriend who reported that her boyfriend, the Defendant, had hit her in the face with an open hand several times. She alleged that the Defendant made vulgar statements toward her. Prior to calling 911, Defendant allegedly pounded his fist against the door to the home scaring the girlfriend and her 15 year-old daughter. When she was calling 911, Defendant made threatening statements to her. The girlfriend remained on the phone with 911 until police arrived. When police arrived, the girlfriend had locked herself inside her home and locked the Defendant out of the house. At the scene, the officer observed redness to the left side of the girlfriend’s face consistent with being recently struck in the face. When police arrived, Defendant was outside the home in the driveway. After speaking to the girlfriend, police arrested the Defendant who made no statements to police. After his arrest, the girlfriend made a written statement to the police regarding the abuse and later obtained an Abuse Prevention Restraining Order against the Defendant.
Attorney Gerald J. Noonan prepared the case for trial. Attorney Noonan obtained a transcript of the restraining order hearing where the girlfriend stated, under oath, that the Defendant did not hit her. In addition, Attorney Noonan obtained, by court order, statements the girlfriend made to the DA’s Office in which she stated, again, that the Defendant did not hit her.
Result: On the date of trial, Attorney Gerald J. Noonan was ready to try the case and ready to exclude the 911 call from evidence along with other hearsay statements made by the girlfriend. In addition, Attorney Noonan was ready to introduce statements made by the girlfriend in which she stated that the Defendant did not hit her. On the day of trial, the DA moved to dismiss.
Commonwealth v. A Juvenile – Brockton Juvenile Court
CHARGES AGAINST JUVENILE FOR JOY-RIDING A VEHICLE WITHOUT A DRIVER’S LICENSE AND CAUSING A SERIOUS ACCIDENT RESULTING IN INJURIES TO A PREGNANT WOMAN ARE DISMISSED AT CLERK MAGISTRATE’S HEARING.
Client was a 15 year-old high school honor student who did not have a driver’s license. The client took a motor vehicle on a joy-ride without the owner’s permission and caused a serious motor vehicle accident resulting in injuries to a pregnant driver and her infant child. The client smashed into another vehicle. The other vehicle was being operated by a woman who was three-months pregnant with her infant child riding in the backseat. Due to the severity of the crash, the pregnant woman and her infant child were injured and taken to the emergency room.
Result: Attorney Gerald J. Noonan was successful in having all criminal complaints dismissed at a Clerk-Magistrate’s Hearing. Attorney Noonan argued that the client was suffering from major depression due to serious head injuries she sustained in a prior motor vehicle accident. Attorney Noonan argued that his client’s decision in taking the vehicle for a joy-ride was the result of the bad mental state she was in. Attorney Noonan presented evidence that his client is receiving psychological treatment and has greatly improved. Attorney Noonan argued that this was an isolated incident and totally out of character for his client who was an honors student. The Clerk-Magistrate dismissed all criminal complaints and no charges were entered on client’s record.