Case Results
Commonwealth v. M.M. – Brockton District Court
STABBING CASE: DISMISSED AT TRIAL
Brockton Police were dispatched to the emergency room at the Good Samaritan Hospital for a report of a patient-victim who had been stabbed. Upon arrival, police spoke to the alleged victim. The alleged victim stated that he attended a family party at a residence in Brockton. The alleged victim and members of the party were hanging out in the street outside the party. The alleged victim reported that he saw a few guys fighting in the street and he went over to break it up. One of the male parties involved in the fight confronted the alleged victim and threatened him. The male party left the scene. Minutes later, the male party returned to the scene and again confronted the alleged victim by getting in his face. The male party then stabbed the alleged victim and fled the scene. The alleged victim gave a physical description of the male suspect who stabbed him. Police spoke to a witness of the stabbing who happened to be a friend of the alleged victim. The witness told police that he witnessed the male party stab the alleged victim. The witness told police that the suspect was the Defendant. The witness knew the Defendant because the Defendant lived down the street from the witness. The witness provided police with the suspect’s name and address. Police went to the Defendant’s residence where they observed people in the street arguing about the stabbing. Police observed that the Defendant matched the description given to police by the alleged victim. After briefly speaking with the Defendant, police placed him under arrest for Assault and Battery with a Dangerous Weapon to wit: knife.
Result: Attorney Patrick J. Noonan prepared the case for trial. Attorney Patrick J. Noonan asserted that the Defendant acted in self-defense. The Defendant told police that he had been jumped by five guys. The Defendant showed police bruises and abrasions that he sustained to his back, which were consistent with the Defendant being the victim of an attack. Attorney Patrick J. Noonan subpoenaed the emergency physician who treated the alleged victim. Attorney Patrick J. Noonan was prepared to present medical evidence showing that the alleged victim’s injuries were not consistent with the accounts given by the alleged victim and the witness. In addition, Attorney Patrick J. Noonan was prepared to present medical evidence showing that the alleged victim’s injuries were not consistent with a deliberate stabbing based upon the depth, size, and nature of the stab wound. Attorney Patrick J. Noonan also subpoenaed the emergency room nurse. Attorney Patrick J. Noonan was prepared to introduce evidence that the emergency room nurse called Brockton Police because the alleged victim and his friends were being loud and causing a disturbance in the waiting area. Specifically, the emergency room nurse heard the alleged victim and his crew talk about “strapping up” and going out to get the Defendant. This evidence tended to show that the alleged victim and his crew were the aggressors in the conflict and they were acting violent. The first time the case was scheduled for trial, the Commonwealth requested a continuance over the Defendant’s objection. On the second trial date, the criminal charge was dismissed.
Commonwealth v. Allen Costa – Docket No.: 1658 CR 0507
OPEN & GROSS: DISMISSED upon MOTION
OPEN & GROSS: DISMISSED upon MOTION
A woman approached Hanover Police Officers at Forge Pond Park and reported two incidents where she observed a man walking on the trail and the man was naked from the waist down. The woman provided police with a physical description of the male suspect. The police placed a trail camera in the area where the witness reported seeing the male naked from the waist down. According to the police report, the camera showed a male party (matching the witness’s description) walking on the trail wearing no pants on two separate occasions on 03/28/16 and 03/30/16. Subsequently, police conducted a stakeout where they hid in the woods in the area where the male party was seen walking naked from the waist down. According to the police report, one officer observed a male party (later identified as the defendant) walking on the trail wearing no pants or underwear with his penis and testicles completely exposed and the male suspect was swinging his penis side to side with his right hand. The officers emerged from the woods and arrested the Defendant at gun point. At the police station, officers showed the defendant two pictures from the trail camera and the defendant acknowledged that he was the person depicted in the photos. The police charged the defendant with 3 counts of Open and Gross Lewdness. Two of the charges stemmed from the two separate occasions where the trail camera showed the defendant naked from the waist down on 03/28/16 and 03/30/16.
Result: Attorney Patrick J. Noonan filed a Motion to Dismiss the two counts that were based on the camera footage of 03/28/16 and 03/30/16. Attorney Noonan argued that the offense of Open and Gross Lewdness requires that the defendant “expose his genitals to one or more persons” and the law requires that the illegal conduct occur “in the presence of another person.” Attorney Noonan argued that the two charges should be dismissed because there were no human being(s) present to observe the illegal conduct. Attorney Noonan argued that the only witness to the alleged offenses on 03/28/16 and 03/30/16 was the trail camera (an inanimate object) and not a human being. The Judge agreed with Attorney Noonan’s argument and dismissed the two counts that were based on the camera footage.
Patrick Noonan Defends Man Caught Jogging Without Pants (Fox 25 News Video)
Commonwealth v. M.M. – Boston Municipal Court
DISTURBING THE PEACE: DISMISSED PRIOR TO ARRAIGNMENT
TRESPASSING: DISMISSED PRIOR TO ARRAIGNMENT
Boston police were dispatched for a large fight in progress outside a night club. Upon arrival, officers had to immediately intervene to break up the large fight. Defendant was involved in the large fight. Police broke up the large fight and ordered that everyone disperse from the area. An officer specifically told the Defendant to leave the area. Defendant ran around the officer and attacked another party who he had been fighting with prior to police arriving. Defendant was placed under arrest. The Defendant was born, raised, and permanently resides in Saudi Arabia. This incident occurred when the Defendant was in the United States visiting friends. Defendant was a full time college student at the time attending a University in Canada majoring in Bilingual Business Economics.
Result: Prior to the Defendant’s arraignment, Attorney Gerald J. Noonan amassed a wealth of evidence attesting to his client’s outstanding character and submitted it to the DA’s Office requesting that the criminal charges be dismissed prior to arraignment. Attorney Noonan provided the DA’s Office with letters from three different companies where the Defendant had completed internships. Defendant completed internships with worldwide marketing companies. All letters attested that the Defendant was a very responsible, loyal, and hard-working intern. Attorney Noonan submitted the Defendant’s college transcripts showing that he was an honor student. After considering all the favorable information provided by Attorney Gerald J. Noonan, the DA’s Office agreed to dismiss the criminal complaints prior to arraignment. This was a considerable victory because the Defendant was a college student with a great future ahead of him and these criminal charges will not appear on his record.
Commonwealth v. C.S. – Wareham District Court
IMPROPER STORAGE of FIREARM: DISMISSED AT TRIAL
Defendant called 911 to report that her husband had taken her revolver and threatened to shoot himself with it. Defendant was able to take the revolver away from her husband. Upon arrival, police spoke with the husband who stated that he had taken his wife’s revolver from her gun safe, which was unlocked, and threatened to shoot himself with it. The husband was taken to the hospital for a mental health evaluation. Defendant told police that she had locked her gun safe and that her husband must have known the combination in order to access the firearm.
Result: Attorney Patrick J. Noonan prepared the case for trial. Attorney Noonan was prepared to argue that the Commonwealth failed to meet its burden of proving that the firearm in question was a working firearm and capable of discharging a shot or bullet. The Commonwealth failed to have the firearm examined and test fired by a ballistician in order to prove that the firearm was operable. In addition, Defendant’s husband invoked his marital privilege not to testify against his wife, the Defendant. Without the husband’s testimony, the Commonwealth would be unable to prove that the Defendant did not properly secure the firearm. On the day of trial, the Commonwealth moved to dismiss the criminal complaint.
Commonwealth v. S.O. – Wareham District Court
OPERATING to ENDANGER (sub. offense): DISMISSED
Defendant had a lengthy record of criminal driving offenses. In 2014, Defendant was convicted of Operating to Endanger after a trial. In 2013, Defendant pled to the charge of Leaving the Scene of an Accident. In 2011, Defendant pled to the charge of Leaving the Scene of an Accident. In this case, witnesses observed the Defendant’s vehicle peel out of a Bar parking lot at a high rate of speed. The vehicle lost control and went off the roadway into the woods. Defendant’s vehicle struck the guide wire to a telephone pole ripping the guide wire off the telephone pole. Defendant left his motor vehicle in the woods and did not report the incident to police. The following day, police contacted the Defendant. Defendant admitted to driving his vehicle off the road, into the woods, and leaving the vehicle in the woods without reporting it.
Result: If convicted of Operating to Endanger, Defendant faced a year-long revocation of his driver’s license because this was a subsequent offense. Attorney Patrick J. Noonan was able to persuade the Commonwealth to dismiss the case saving his client a year-long revocation of his driver’s license. Defendant worked full-time as a construction worker. Defendant would have lost his job if his driver’s license was revoked for one-year.
Commonwealth v. K.W. – New Bedford District Court
ASSAULT & BATTERY: PRETRIAL PROBATION
DISORDERLY CONDUCT: PRETRIAL PROBATION
Police at UMASS-Dartmouth were on patrol when they heard yelling and observed a fight in progress outside a college apartment. The fight involved a large number of people. Immediately, an officer attempted to stop the fight by identifying himself as a police officer and ordering the parties to stop. Upon his command, the majority of the crowd dispersed and ran away. Despite his commands, the officer observed two males on top of a male victim and they were punching and kicking the victim. The two male aggressors and the male victim all ran away, as the officer approached them. Officers pursued the males in a foot chase. Officers eventually apprehended the Defendant but were unable to catch the other parties. At the station, Defendant admitted to consuming 6-8 beers. Officers observed blood and markings on the Defendant’s knuckles. Defendant told police that he observed a fight break out involving his friend. Defendant stated that he intervened to break up the fight and assist his friend. Defendant admitted to throwing punches and hitting the male victim. Defendant was immediately suspended from UMASS-Dartmouth.
Result: After his arraignment, Defendant’s parents contacted Attorney Gerald J. Noonan. Attorney Gerald J. Noonan amassed a wealth of evidence attesting to his client’s outstanding character and submitted it to the District Attorney’s Office requesting that the DA’s Office place his client on Pretrial Probation. Attorney Gerald J. Noonan submitted the Defendant’s college transcripts showing that he was an Honor Student. Attorney Noonan submitted a glowing letter of recommendation from the Defendant’s College Football Coach. In addition, Attorney Gerald J. Noonan discovered evidence showing that his client never kicked the male victim during the fight. Attorney Gerald J. Noonan worked with the Campus Police and other school officials and they supported Attorney Noonan’s request for Pretrial Probation. At his first court appearance, Attorney Gerald J. Noonan reached an agreement with the Commonwealth that the criminal charges would be dismissed upon the Defendant’s completion of community service. This was a significant victory, which allowed the Defendant to return to school the following semester and complete his college education. With this disposition, the Defendant did not have to admit guilt and the charges will be dismissed outright so long as he completes his community service.
Commonwealth v. D.W. – Brockton District Court
OPEN & GROSS LEWDNESS: DISMISSED DURING TRIAL
An identified witness called police to report that she had observed a male party masturbating in his vehicle with his penis exposed. The witness told police that she was stopped at a red light. The witness stated that a vehicle was stopped next to her at the stop light. The witness stated that a male party in the vehicle next to her turned on his interior light, thrusted his hips upward, exposed his penis to her while masturbating. The witness stated that the vehicle cut her off and boxed her in preventing her from driving away. The witness stated that the male party motioned for her to follow him. The witness was able to maneuver her vehicle and drive away. The witness called 911 and provided police with the make, model, color and license plate of the vehicle. Police ran the vehicle’s registration and it came back to the Defendant. The witness provided a description of the Defendant as: white, late 30s to early 40s, heavy set, with a long strawberry-colored beard, and wearing a wool skull cap. The police administered a photo array to the witness and she positively identified the Defendant as the suspect. Prior to trial, Attorney Patrick J. Noonan was able to suppress the witness’ positive identification of the Defendant because the police conducted the procedure in an unduly suggestive manner.
Result: At trial, Attorney Patrick J. Noonan filed a Motion in Limine to exclude the witness from identifying the Defendant during her trial testimony. The Commonwealth argued that the witness was able to identify the Defendant based upon the observations she made of him during the incident. During the hearing, the witness testified that she was certain that the Defendant was the suspect based upon the observations she made of him during the incident. Attorney Patrick J. Noonan vigorously cross-examined the witness and showed that the witness’s identification was unreliable because she did not have a sufficient opportunity to observe the perpetrator at the time of the crime. At the conclusion of Attorney Noonan’s cross-examination, the judge ruled that the witness could not identify the Defendant as the perpetrator of the crime. As a result, the Commonwealth was forced to dismiss the case.
Commonwealth v. W.E. – Brockton District Court
ASSAULT & BATTERY: DISMISSED
Police were dispatched in response to a 911 in which the Defendant’s wife stated that the Defendant was intoxicated and had struck her on the side of the face. She was in fear of the Defendant. Upon arrival, she told police that the Defendant struck her on the right side of the face with an open hand. Defendant denied hitting his wife and told the police that his wife actually hit him.
Result: On the day of trial, Attorney Gerald J. Noonan argued a Motion to Dismiss the criminal complaint on the basis that the Defendant’s wife would be asserting her marital privilege not to testify against the Defendant, and that the Commonwealth had no other evidence upon which to try and convict the Defendant. Attorney Gerald J. Noonan’s Motion to Dismiss was allowed and the criminal charge was dismissed against his client, a computer technician with no prior criminal record.
L.M. v. S.O. – Dedham District Court
209A RESTRAINING ORDER: VACATED
The alleged victim (girlfriend) called 911 from her locked bedroom and reported that her boyfriend had just assaulted her. She claimed that the Defendant was banging on her bedroom door with a wooden staff and she was afraid that he may kill her. Upon arrival, the alleged victim reported that the Defendant has a history of mental illness and was experiencing a manic episode. She claimed that the Defendant became violent and aggressive. She claimed that the Defendant sucker punched her in the face 4 times. She ran to her bedroom to get away from him. Defendant chased her to her bedroom. She was trying to close the bedroom door but the Defendant was trying to force is way in. She was able to close the bedroom door and lock it. She called the police from her bedroom at which time the Defendant was banging on her bedroom door with a wooden staff. Police observed that the alleged victim has scratches on her face, that she was bleeding from her face, that her ear-ring had been ripped, and that she was bleeding from the ear. Defendant was charged with Assault & Battery. Later that afternoon, the alleged victim obtained an emergency abuse prevention restraining order against the Defendant.
Result: Attorney Patrick J. Noonan requested a two-party hearing to challenge the extension of the 209A abuse prevention restraining order. Attorney Patrick J. Noonan cross-examined the alleged victim and showed that she assaulted and battered the Defendant, not the other way around. She testified that she pushed the Defendant to the ground in his bedroom. She testified that she pushed the Defendant to the ground, a second time, in the hallway to her bedroom. Attorney Noonan alleged that she had beaten the Defendant while he was on the ground with a wooden staff and a long cat scratcher. Attorney Noonan introduced photographs showing that the Defendant sustained extensive physical injuries in the attack. The photos showed that the Defendant had very large, sizeable bruises across his lower back, along his left hip, and distinct contusions to the chest, stomach, and elbows, and that he was bleeding extensively from his foot. Attorney Noonan argued that the Defendant’s injuries were consistent with him being the victim of a violent assault. As a result of the injuries he sustained in the assault, Defendant had to go to the emergency room by ambulance. Attorney Noonan introduced evidence that the Defendant is 72 years-old and suffers from many serious physical and medical conditions, such as: arteriovenous malformation in the brain, cardiac disease, kidney insufficiency, aortic aneurysm, hypertension, and anemia. Attorney Noonan argued that the Defendant was physically and medically incapable of violently assaulting the alleged victim, as she described. Attorney Noonan showed that the alleged victim was currently on probation for assaulting two victims with hot coffee. At the conclusion of the hearing, the judge terminated the 209A Abuse Prevention Order.