Case Results
Commonwealth v. O.M. – Brockton District Court
CHARGES OF ASSAULTING A POLICE OFFICER AND RESISTING ARREST AGAINST U.S. MARINE CORPS RECRUIT TO BE DISMISSED PRIOR TO ARRAIGNMENT IN SIX MONTHS IF CLIENT COMPLETES COUNSELING
Police were called to a bar for a report of a drunk and disorderly patron. When the police arrived, they found the defendant sitting outside, visibly intoxicated. Police placed the defendant in protective custody pursuant to G.L. c. 111B, §8. Defendant resisted when police tried to handcuff him. Defendant was yelling and swearing and causing a scene when officers placed him under arrest. During transport to the police station, Defendant was kicking the backseat of the police cruiser. It took three officers to escort the Defendant to his holding cell. In the holding cell, Defendant attacked one officer severely bruising his arm and the officer was unable to work for several days. Police tried to move the Defendant to another holding cell when he bit another officer on the knee. Police filed three criminal complaints for Disorderly Conduct, Resisting Arrest, and Assault & Battery on a Police Officer. Prior to this incident, client was close to finishing the process of enlisting in the U.S. Marine Corps.
Result: At a Clerk Magistrate Hearing, Attorney Gerald J. Noonan presented compelling evidence on behalf on his client. First, Attorney Noonan presented a letter from the client’s Marine Corps. Recruiter. In the letter, the Recruiter stated that he was aware of the pending charges and would continue with the client’s enlistment should his case resolve favorably. Attorney Noonan had his client write letters of apology to all the police officers. The Clerk-Magistrate accepted Attorney Noonan’s proposal to hold the matter open for six months with the condition that his client undergo treatment with a substance abuse counselor. If the client successfully completes his substance abuse treatment than all criminal charges will be dismissed in six months and, hopefully, the client will be able to enlist in the Marine Corps.
Commonwealth v. S.O. – Dedham District Court
DOMESTIC ASSAULT & BATTERY CHARGE AGAINST ELDERLY, DISABLED MAN DISMISSED BY COMMONWEALTH DURING TRIAL
Client, 72-year-old man, was in a relationship with his girlfriend for 40 years. On one night, the client’s girlfriend called 911 and reported that she was physically assaulted by her boyfriend. She told police that the client had sucker-punched her in the face several times. She alleged that she locked herself in her bedroom after being chased by the client. She claimed that the client was banging on her bedroom door with a 6-foot wooden club. She took out a restraining order in which she alleged that she was afraid that the defendant would beat her to death with the wooden club. Prior to the trial, the girlfriend provided the District Attorney with photos showing scratches and marks to her face, as well as damage to her bedroom door.
Result: Prior to trial, Attorney Patrick J. Noonan discovered that the girlfriend was recently charged with Assault with a Dangerous Weapon stemming from an incident in which she threw hot coffee at two Dunkin Donut employees. The Commonwealth dismissed this charge against the girlfriend. In a prior hearing, Attorney Patrick J. Noonan asked the girlfriend if she threw the hot coffee at the employees and she vehemently denied doing so. At the start of the trial, Attorney Noonan filed a Motion in Limine to admit evidence of the hot coffee incident. Attorney Noonan argued that the girlfriend’s violent actions in throwing the hot coffee at the unsuspecting employees were relevant to show that she was the first aggressor and that she attacked the client. After a hearing, the judge allowed Attorney Noonan’s Motion. Anticipating that the girlfriend would once again deny throwing the hot coffee, Attorney Noonan had a witness ready to testify that he was standing in line and saw her throw the hot coffee at the two employees. The Judge allowed Attorney Noonan to call this witness and have him testify to the hot coffee incident. As we were getting ready to empanel a jury, the girlfriend opted not to take the witness stand and she invoked her Fifth Amendment privilege against self-incrimination. As a result, the Commonwealth had to dismiss the case.
Commonwealth v. I.A. – Brockton District Court
SHOPLIFTING CHARGE AGAINST 32-YEAR-OLD SINGLE MOTHER DISMISSED AT CLERK’S HEARING
Brockton Police were dispatched to Walmart for a report of shoplifting. Police observed surveillance video footage of a suspect (believed to be the defendant) stealing numerous items and leaving the store. Loss Prevention Officers confronted the suspect, as she was leaving the store but the suspect fled in her vehicle. Loss Prevention took down the license plate of the vehicle. The vehicle came back to a Brockton resident. Police questioned and showed the vehicle’s owner a photo of the suspect from the surveillance video. The vehicle’s owner identified the suspect as the Defendant. Loss Prevention Officers reported that the suspect has stolen items in the past.
Result: At the Clerk Magistrate’s Hearing, Attorney Gerald J. Noonan convinced the Clerk-Magistrate to dismiss the criminal complaint. Defendant paid restitution for the stolen items. Defendant is a 32-ear-old single mother with no criminal record. She works full time at an Addiction Treatment Center and attends college at night with hopes of getting a better job in the medical field.
Commonwealth v. J.W. – New Bedford District Court
THREATS TO COMMIT CRIME: DISMISSED at CLERK’S HEARING
The defendant went to business to donate two mattresses. After the defendant unloaded the mattresses, an employee informed the defendant that the business does not accept mattresses with box springs. According to the employee, the defendant became angry and threatened him by saying, “Is this worth it? Do you want me to kick your ass?” The employee told the defendant that he was reporting the threat to his manager. When the employee returned with his manager, they observed the defendant leave in his pickup truck. The employee called the police, reported the threat, and provided police with the license plate of the pickup truck. The defendant was charged with Threats to Commit a Crime for making the threat to the employee.
Result: At a Clerk Magistrate Hearing, Attorney Gerald J. Noonan argued that the alleged victim misunderstood the defendant’s statement and took it out of context. In actuality, the defendant said to the employee, “Is this worth it? I don’t want to get into a fight over this.” As Attorney Noonan argued, this statement does not constitute a “threat” under the law because the defendant did not “express an intent to injure” the employee. Based on Attorney Gerald J. Noonan’s arguments, the clerk magistrate dismissed the criminal complaint.
Commonwealth v. S.B. – Brockton District Court
IMPROPER STORAGE of FIREARM: DISMISSED
Police were dispatched to the Defendant’s residence in response to a 911 call. Upon arrival, police spoke to the Defendant’s brother-in-law who reported that he received a call from the Defendant’s wife telling him that the Defendant was highly intoxicated and she needed help. They wanted to bring the Defendant to the hospital so he could receive treatment for his substance abuse issues. Defendant refused and became argumentative. Prior to the police arriving, Defendant fled from the house. Police were concerned because the Defendant was wearing only a T-shirt and shorts and it was freezing outside. Later, police observed the Defendant fighting with his brother-in-law in the street. The fight caused a disturbance in the neighborhood. After breaking up the fight, police arrested the Defendant for Disturbing the Peace. After his arrest, police received information that some of the Defendant’s firearms may have been missing from his gun locker. The Defendant’s wife directed officers into the basement of their home and gave them permission to search the Defendant’s gun locker. The police observed that the gun locker was partially open and not locked. Due to the locker not being securely locked, police charged the Defendant with Improper Storage of a Firearm and seized all his firearms, which included: six rifles, two shotguns, and ammunition.
Result: Attorney Patrick J. Noonan filed a Motion to Suppress arguing that the Defendant’s wife did not have lawful authority to give police consent to search the Defendant’s private property. The hearing on the Motion to Suppress was continued. Prior to the next scheduled hearing, Attorney Patrick J. Noonan persuaded the District Attorney’s Office to dismiss the Improper Storage of a Firearm.
Commonwealth v. K.R. – Waltham District Court
IMPROPER STORAGE of FIREARM: DISMISSED AT CLERK’S HEARING
Defendant was a retired 62 year-old grandfather of three with no criminal record. It was alleged that the Defendant negligently left his loaded revolver in a public bathroom.
Result: At a Clerk Magistrate Hearing, Attorney Gerald J. Noonan persuaded the Clerk-Magistrate not to issue the criminal complaint against his client. The Clerk-Magistrate accepted Attorney Gerald J. Noonan’s proposal to dismiss the criminal complaint after six-months, so long as the Defendant does not commit any offenses. The criminal complaint will be dismissed on January 21, 2017, so long as the Defendant does not commit any new offenses.
Commonwealth v. A Juvenile
ASSAULT & BATTERY: DISMISSED AT TRIAL (lack of evidence)
WITNESS INTIMIDATION: DISMISSED AT TRIAL (lack of evidence)
Client was a junior in high school. A female student reported to the police that she had been receiving sexually charged and sexually inappropriate text messages from the client. The female students provided the sexually explicit text messages to the police. The client was not charged in connection with the text messages but police informed him that he was the prime suspect. The client denied the allegations and protested, repeatedly, that he did not send the text messages.
The police instructed the client to have no contact with the female student or else he would be charged with Intimidation of a Witness. Several weeks later, the female student reported to the police that the client had been staring at her in school and would strike her with his arm, shoulder, and backpack when passing her in the school hallway. The police officer pulled video footage from the hallway and, based on the officer’s opinion, the video showed the client intentionally striking the female student with his backpack. Based on the physical contact in the hallway, the police charged the Client with Assault & Battery. In addition, the police charged the Client with Witness Intimidation for staring and striking the female in the hallway on several different occasions.
Result: In conducting his pre-trial investigation, Attorney Patrick J. Noonan obtained evidence that another student (not the client) was the person that sent the sexually inappropriate text messages to the female student. Attorney Patrick J. Noonan obtained text messages in which this other student admitted to sending the sexually inappropriate text messages to the female student. In his police report, the officer states that he paused the video on a specific minute and second where the client’s backpack made physical contact with the female’s left shoulder. Attorney Noonan blew up a picture of the minute and second where the officer claims he saw physical contact. In Attorney Noonan’s opinion, the image did not show any physical contact. If there was any contact, it was a slight brush and purely incidental as a result of students navigating their way to class in a crowded, narrow hallway. Attorney Patrick J. Noonan extracted and developed large photographs breaking down the sequence and movements of the client and the female student in the hallway. These images showed that the female student displayed absolutely no physical or emotional reaction in response to the so-called contact. On the day of trial, the District Attorney moved to dismiss the criminal complaints due to the mountain of evidence showing that the client did not commit any criminal offenses.
Commonwealth v. T.B. – Commonwealth v. A.P.
MINOR POSSESSING ALCOHOL: DISMISSED PRIOR TO ARRAIGNMENT
Client #1 (19 years old) and Client #2 (18 years old) were pulled over for driving without any headlights. The officer observed alcohol scattered throughout the interior of the vehicle including: an open and empty 30 pack of beer, two full 12 pack of beer, an empty cup containing alcohol residue, and empty 12 oz. can under the passenger seat. Although the driver (Client #1) emitted an odor of alcohol from his breath, he passed all field sobriety tests. The passenger (Client #2) was clearly intoxicated. Due to their signs of intoxication and the large quantity of alcohol found in the vehicle, both clients were placed under arrest and charging with being minors in possession of alcohol.
Result: Attorney Gerald J. Noonan entered into an agreement with the District Attorney’s whereby the clients’ cases would be dismissed prior to arraignment, so long as they completed community service. On 07/07/16, both criminal cases against both clients were dismissed prior to arraignment. The clients’ were freshmen in college and had no prior criminal records. With this outcome, no criminal charges will appear on the clients’ criminal records.
Commonwealth v. B.H. – New Bedford District Court
ASSAULT & BATTERY: DISMISSED / RELEASED FROM JAIL
A & B with DANGEROUS WEAPON: DISMISSED / RELEASED FROM JAIL
DESTRUCTION OF PROPERTY: DISMISSED / RELEASED FROM JAIL
Defendant’s girlfriend called 911 to report that she had been assaulted by the Defendant and she was bleeding. The girlfriend told police that the Defendant started a verbal argument and he pushed her into a fish-tank causing the glass from the fish-tank to shatter. The girlfriend told police that pieces of the shattered glass were lodged in her body. She attempted to call 911 but the Defendant threw her cell phone to the ground and fled the apartment. Police observed the Defendant running in the area and they arrested him. Defendant was charged with Assault & Battery, Assault & Battery with a Dangerous Weapon, and Malicious Destruction of Property. Defendant was arraigned on these charges and released on personal recognizance.
While his case was pending, Defendant was arrested and charged with Assault & Battery (subsequent offense) and Malicious Destruction of Property stemming from a completely separate incident with his family. Police were dispatched to the residence of the Defendant’s parents for an Assault & Battery. Upon arrival, Defendant’s brother told police that the Defendant had punched him in the face. Police observed redness and swelling to the brother’s face. Defendant’s mother told police that the Defendant attacked her by grabbing her hair and attempting to push her down. Defendant’s father told police that the Defendant wrestled him to the ground. Police observed that the father had redness to his back and neck. The new offenses were eventually dismissed for lack of prosecution.
Because the Defendant committed these new offenses while his previous case was pending, the Commonwealth moved to revoke the Defendant’s bail. On 04/20/16, the Court revoked the Defendant’s bail and the Defendant was placed in custody. Defendant was facing 90 days in the house of correction because his bail was revoked by virtue of the new offenses.
Result: Defendant retained Attorney Gerald J. Noonan while he was in custody at the house of correction. Immediately, Attorney Gerald J. Noonan marked the original case for trial. Attorney Gerald J. Noonan obtained exculpatory text messages sent to the Defendant’s cell phone by his ex-girlfriend, the alleged victim – as well as exculpatory voice mails left on the Defendant’s cell phone by the alleged victim. Attorney Gerald J. Noonan located a witness who had been in a relationship with the alleged victim. This witness was willing to testify that the alleged victim had made threats to falsely accuse of him of crimes if she didn’t receive certain things in return from the witness. That is, if the witness did not comply with her demands, she would call the police and falsely accuse him of a crime. This was precisely the situation in the Defendant’s case. In the Defendant’s case, the alleged victim called 911 and falsely accused the Defendant of these crimes because the Defendant was unwilling to give in to the alleged victim’s demands. The evidence obtained by Attorney Gerald J. Noonan presented Fifth Amendment issues for the alleged victim because she would have incriminated herself when testifying against the Defendant at trial. On the day of trial, all criminal charges were dismissed and the Defendant was released from custody.