Result

RAPE OF CHILD: DISMISSED
INDECENT ASSAULT & BATTERY: DISMISSED

The alleged victim, age 16, disclosed to her school that she had been sexually and physically abused by her step-father (Defendant) when she was younger starting when she was six years-old. The Defendant had been in the alleged victim life since she was five years-old. The alleged victim told the District Attorney’s Office that when she was 11 years-old the Defendant hit her in the face with his fist causing her lip to split open and that her mother and brother witnessed it. She stated that the Defendant drinks a lot of alcohol. She described an incident occurring a month before the interview in which the Defendant threatened to kill her. She stated that her brother was also physically abused by the Defendant and she observed bruises to her brother when the Defendant hit him. She stated that when she was 9 years-old the Defendant would wake her up in the morning when her mother had went to work and he sexually abused her by rubbing his hands and penis all over her body, including her chest and private parts. She stated that the Defendant would touch the inside and outside of her vagina with his penis and hands. She stated that the Defendant sexually abused her in this manner approximately 3-4 times a week over the span of a few months. On one occasion, Defendant caused her vagina to bleed. She stated that she did not disclose the abuse because the Defendant had threatened to kill her if she told anyone. Police interviewed the alleged victim’s mother who stated that she didn’t believe the alleged victim’s allegations. The mother stated that the alleged victim never disclosed anything to her about being sexually abused. The mother stated that the alleged victim is very destructive and gets into a lot of trouble. Police interviewed the Defendant who emphatically denied all the allegations.

Attorney Noonan filed a Motion for a Bill of Particulars because the alleged victim waited approximately eight years to make this disclosure and the time frame of the alleged offenses was extremely vague. In addition, Attorney Noonan moved to dismiss the criminal complaints because the alleged victim failed to appear at the probable cause hearing and testify under oath concerning these allegations. The Court allowed the bill of particulars but declined action on dismissing the complaints. The court did, however, order the Commonwealth to advise defense counsel (by the next court date) whether the alleged victim would be testifying. On October 19, 2005, Attorney Gerald J. Noonan argued a Motion to Dismiss the criminal complaints arguing that the Commonwealth failed to advise him as to whether the alleged victim intended to testify and failed to provide him with a bill of particulars pursuant to the court’s order.

Result: On October 19, 2005, Rape and sexual assault charges are dismissed.

OUI-LIQUOR: DISMISSED

Client, a senior at Stonehill College, was arrested and charged with Operating under the Influence of Liquor. On March 25, 2005, Bridgewater Police were dispatched for a report of a suspicious vehicle in a driveway. Upon arrival, Police observed the vehicle backing out of the driveway. Police followed the vehicle, which pulled forward and stopped. The officer approached the vehicle and knocked on the window. The officer asked the operator to turn down the radio but the operator turned off the ignition. The officer observed a strong odor of alcohol coming from the operator’s breath, that his speech was slurred, and that his eyes were glassy. Defendant could not locate his registration. The Defendant failed the alphabet test. The officer asked the Defendant to touch his left index finger to his nose but the Defendant bent over and touched his toes. The Defendant could not touch the tip of his nose with his index finger. Finally, the Defendant failed the nine-step walk and turn after several attempts. Attorney Gerald J. Noonan successfully dismissed the case and no criminal complaint issued against his client and Attorney Gerald J. Noonan obtained an order restoring the Defendant’s driver’s license.

Result: Attorney Gerald J. Noonan gets OUI-Liquor charge dismissed against college student and his driver’s license restored.

ASSAULT & BATTERY: DISMISSED

The alleged victim reported to West Bridgewater Police that she had been over her mother’s house when her brother became verbally abusive toward her and physically picked her up and threw her against a wall causing her to sustain bruises on her body. In a prior incident, the Defendant had assaulted his mother and sister; breaking his mother’s toe and causing bruises to his sister’s back. The incident resulted in a violent struggle between police and the Defendant. Police interviewed two witnesses at the home during the assault.

Result: Attorney Gerald J. Noonan gets domestic violence charge dismissed.

BREAKING & ENTERING FOR FELONY: DISMISSED
MALICIOUS DESTRUCTION OF PROPERTY: DISMISSED

Brockton Police were dispatched for a breaking and entering in progress. The caller reported that the suspect was throwing rocks at the windows and trying to break down the door. The caller gave a description and identified the suspect as being the Defendant who fled the scene and was later apprehended by police. Officers observed extensive damage to the home. The windows to the home were broken, the exterior door was broken, and the interior door was broken. Witnesses stated that the Defendant was attempting to break into the home to see whether his wife was having an affair with another man.

Result: Attorney Gerald J. Noonan gets felony charges dismissed.

VIOLATION of 209A ORDER: DISMISSED

Defendant’s ex-wife had a restraining order against him. She went to see her son’s basketball game at Millis High School where she observed the Defendant. She motioned at the Defendant to leave the building but he refused. The restraining order prohibited the Defendant from having contact with his wife and to stay a certain distance away from his wife. In the event of incidental contact, the Defendant is legally required to promptly leave the scene. After the basketball game, the alleged victim went directly to the police station to report the violation. At a clerk-magistrate’s hearing, Attorney Gerald J. Noonan presented evidence that the Defendant was at the high school purchasing tickets for his common law wife and other children for an unrelated school event. Attorney Noonan presented a witness statement indicating that the Defendant was purchasing the tickets with his other children and that he immediately left the premises upon recognizing his ex-wife.

Result: Attorney Gerald J. Noonan gets Violation of Restraining Order charge dismissed.

ACCESSORY AFTER THE FACT-MURDER: NOLLE PROSEQUI

During the night of December 8, 2001, William Angelesco went to the Squires Lounge in Revere and allegedly killed on Peter DeVito (a strip club manager) by shooting him in the head and abdomen with a semi-automatic pistol. Prosecutors alleged that William Angelesco shot Peter DeVito at close range inside the entrance of the crowded Squire’s Lounge in retaliation because Angelesco blamed Mr. DeVito for roughing him up and having him tossed out of Centerfolds strip club where DeVito had been the manager. Angelesco happened to run into DeVito at the Revere Club where he allegedly shot him with a 9mm pistol in front of more than 100 patrons. Prior to the alleged murder, Mr. Angelesco and the Defendant worked together running an illegal gambling operation, allegedly. The morning after the alleged murder, the Commonwealth alleged that Mr. Angelesco went to the Defendant’s home. The Commonwealth alleged that the Defendant assisted Mr. Angelesco in avoiding arrest by making his vehicle accessible to Mr. Angelesco. With the Defendant’s assistance, Mr. Angelesco was able to leave the Boston area and avoid capture. During Mr. Angelesco’s absence, Defendant allegedly provided spending money to Angelesco’s wife. The Commonwealth sought to have the Defendant testify against Mr. Angelesco at the Grand Jury but the Defendant refused on Fifth Amendment grounds. William Angelesco was charged with the murder of Peter DeVito and the Commonwealth sought to charge William Angelesco and the Defendant together. Attorney Gerald J. Noonan filed a Motion to Sever the Defendant’s case from William Angelesco’s case, which was allowed. Attorney Robert Sheketoff defended and successfully acquitted Mr. Angelesco of murder. Attorney Sheketoff established that there were conflicting eyewitness accounts of the shooter. Some witnesses described the shooter as having blond hair and one witness described the shooter as having a mustache when William Angelesco had black hair and was clean shaven. Some witnesses described the shooter as wearing a hood, some described him as wearing a skully cap, and some described him as wearing a baseball cap. Although Mr. Angelesco’s two cousins offered incriminating grand jury testimony against him, Attorney Sheketoff established that the witnesses had credibility problems – one of them having bipolar depression and the other having serious drug problems.

Result: After William Angelesco was acquitted of murder, the Commonwealth entered a Nolle Prosequi against the Defendant for being an accessory after the fact to murder.

OUI-LIQUOR: NOT GUILTY
NEGLIGENTY OPERATION: NOT GUILTY
LEAVING SCENE PROPERTY DAMAGE: NOT GUILTY

Easton Police responded to a hit-and-run accident. Stonehill students were traveling in a vehicle and attempted to make a left-hand turn into the campus entrance. Defendant’s vehicle attempted to pass the Stonehill vehicle on the left, as it was making the left-hand turn. Defendant’s vehicle smashed into the driver’s side of the Stonehill vehicle then fled the scene pulling into a parking lot approximately one-half mile down the road. The Stonehill student called 911 and gave the police the Defendant’s registration. An SUV traveling behind the Stonehill vehicle followed the Defendant’s vehicle to the parking lot. Upon arrival, officers observed two males attempting to change the front passenger side tire of the vehicle, which had been extensively damaged from a collision. Defendant admitted to police that he was the operator and that he had gotten into and accident and was changing the tire. After three requests, Defendant was able to produce his license and registration. Defendant admitted to having two beers at the Union Villa Bar. Defendant then changed is story by saying that he had been at Owen O’Leary’s and had two beers and a shot of Vodka. Defendant stated that he had been drinking “Bud” and then stated that he had been drinking “draft.” Officers detected an odor of alcohol coming from the Defendant’s breath. Officers observed that his eyes were glassy and bloodshot and that his speech was thick and slurred. After three attempts, Defendant failed the alphabet test. After two attempts, Defendant failed the one-legged stand. Lastly, Defendant failed the nine step walk-and-turn. An identified witness informed police that he observed one of the male’s throw a cooler over the wooden fence. A search of the backseat found ice and two cold Michelob beers. During the booking process, Defendant became argumentative and confrontational, which was captured on videotape. Attorney Gerald J. Noonan acquitted his client on all charges by arguing that the Commonwealth failed to sustain its burden of proof on an essential element of the crime; that the Defendant (and no one else) was the “operator” of the motor vehicle.

Result: Attorney Gerald J. Noonan gets Not Guilty verdicts on all charges, including OUI-Liquor, against Navy man.

ATTEMPTED MURDER: NOLLE PROSEQUI
ASSAULT with INTENT TO MURDER: NOLLE PROSEQUI
ASSAULT & BATTERY WITH DANGEROUS WEAPON PROBATION
CARRYING A DANGEROUS WEAPON: PROBATION
ASSAULT WITH A DANGEROUS WEAPON: NOLLE PROSEQUI
ASSAULT AND BATTERY: NOLLE PROSEQUI

On July 12, 2003, Massachusetts State Police and Quincy Police were dispatched to a fight in progress involving knives and guns on Quincy Shore Drive in Quincy. Quincy Police immediately called for an ambulance for at least one stabbing victim. The victim had been stabbed in the stomach and stabbed at least six times in the back. Several witness (with identical accounts) told police that they actually witnessed the assault and stabbing. Once witness observed the subject pull out a knife and “flick” it open. The witnesses stated that the victim was walking along the sea wall when a group of black males approached and words were exchanged. Witnesses stated that a tall black male wearing a red t-shirt took something from his pocket, flick it open, and quickly advanced on the victim. This black male had the victim in a “bear hug” over the sea wall and the witnesses observed the black male stabbing the victim in the back and they could clearly see the handle of the knife. The victim yelled that he had been stabbed. Two other black males (one wearing a Rams football jersey and the other wearing a blue shirt and a black cap) held back the victim’s friends allowing the suspect to flee the scene. The three black males were detained at the Clam Shop. All seven witnesses provided written statements. The victim told police that the tall black male in the red t-shirt stabbed him several times in the back and once in the stomach. Police spoke with Attorney Gerald J. Noonan’s client at the Clam Shop. The client was described as a black male, tall, wearing a red t-shirt, and he had been covered with blood and police recovered a knife on his person. The second black party had a silver box-cutter and a bottle of Brandy on his person. The third black male also had a bottle of Brandy on his person. Photographs were taken of all three black suspects. In addition, the victim’s friends identified the Defendant as the party stabbing the victim and fleeing the scene. The victim identified the Defendant as the person who stabbed him. The victim testified before the Grand Jury that the Defendant stabbed him once in the stomach and six times in the back. Before the Grand Jury, the victim lifted his shirt and showed the jurors one stab wound to the stomach and six stab wounds to his back. The District Attorney was requesting that the Defendant serve a minimum of two years in prison.

Attorney Gerald J. Noonan retained a medical doctor to review the victim’s medical records. The medical doctor noted that there was no mention in the medical records as to the depth of the wounds sustained by the victim. Based upon his review of the medical records, the doctor found that the wounds did not penetrate any further than skin level. The doctor found that the wounds were superficial in nature and not viewed as serious by the medical staff. The victim was discharged from the hospital within 12 hours of admission showing that the medical staff was not concerned of the chance of any underlying serious injury. The doctor reviewed photographs of the injuries and described the wounds as “scratches.” The doctor opined that the victim’s injuries were actually consistent with the Defendant using the knife in self-defense against a violent aggressor. In addition, the doctor observed that the toxicology tests of the victim showed an elevated alcohol level. A copy of the medical doctor’s written report of his review of the victim’s medical records was provided to the Commonwealth.

Attorney Gerald J. Noonan retained a private investigator to interview a member of the Defendant’s party that was involved in the incident. This witness stated his party and the alleged victim’s party passed each other on the sea wall. This witness stated that as the groups passed each other the alleged victim threw his shoulder and hit the witness. The witness was pretty mad and said to the alleged victim, “What’s your fucking problem?” At that point, the alleged victim began swearing, making a scene, and putting his hands up into a fighting position. The witnesses group had already been walking down the sea wall when they heard the alleged victim swearing at the witness and making a scene. They stopped and turned around when they heard the alleged victim swearing at the witness. The witness stated that he smelled alcohol on the victim and thought he was either drunk or on drugs because he was out of control. The witness stated that the victim took off his shirt, threw it on the sidewalk, and was screaming that he wanted to fight. At this point, the Defendant stepped toward the alleged victim. During this time, the alleged victim raised his hands in a fighting position and said “let’s fight” or “let’s get it on.” The witness stated that the Defendant didn’t say a word until the alleged victim said to him, “Niggers want to fight too. I’ll fight all your nigger friends.” At this point, the witness’s group began yelling back at the alleged victim. The alleged victim then called the witness “a nigger lover.” The alleged victim called the Defendant a “nigger,” got in his face, and threw the first punch, swinging at the Defendant. The alleged victim got the Defendant in a headlock and began punching him in the head numerous times. During the fight, the alleged victim placed the Defendant in a chokehold. After the struggle, the witness heard the alleged victim say, “Nigger stabbed me.” The alleged victim then walked away with his friends unassisted and did not appear to be hurt or injured. The Defendant had a gash on his arm from hitting the sea wall during the struggle. As they left and walked away, the witness observed approximately 25-30 kids being led by the alleged victim walking down the sidewalk toward them and the alleged victim was calling them “Niggers.” The alleged victim’s group was armed with weapons, bats, sticks, pipes, 2×4’s, etc. At this point, the Defendant’s group fled. Once the police came, the alleged victim’s group dispersed and ran away. The witness claimed that the alleged victim was the aggressor, he was out of control, he was intoxicated, he was calling everyone “niggers,” he threw the first punch and placed the Defendant in a chokehold and that the Defendant was acting in self-defense. There were also two other female witnesses who could corroborate this version of events.

Result: Attorney Gerald J. Noonan was able to get the District Attorney’s Office to Nolle Pross 4 of the 6 indictments. With respect to Indictment #3, Defendant was found Guilty and sentenced to two years in the house of correction suspended for three years and with respect to Indictment #4 the judge sentenced him to three years straight probation. The Commonwealth was pushing for two years committed time and Attorney Gerald J. Noonan was able to secure a strictly probationary sentence for his client on very serious charges.

STATUTORY RAPE: NOLLE PROSEQUI
STATUTORY RAPE: NOLLE PROSEQUI

On March 16, 2001, the alleged victim #1 came into the Stoughton Police Station and reported that her ex-boyfriend (defendant) had assaulted her several times for not performing oral sex on him and that the Defendant slapped her and she sustained bruises. Alleged victim #1 stated that she had a sexual relationship with the Defendant when she was 14 years-old and he was 17 years-old. She stated that they had sexual intercourse more than five times, she performed oral sex on him, and she described other sexual acts that they engaged in. Alleged victim #1 stated that she reported the abuse because her friend (alleged victim #2) was recently raped by the Defendant.

On April 23, 2001, Stoughton Police interviewed victim #2 who stated that one occasion she was over her girlfriend’s house when the Defendant and his friend came over. She reported that the Defendant got into bed with her and he began to touch her breasts over her t-shirt and she told him not to touch her. She stated that the Defendant put his hand down the front of her pants under her underwear and inserted his fingers into her vagina and she kept telling him to stop it and to get off of her. The Defendant hen pulled her onto her back and pulled down her pants and underwear and he inserted his penis into her vagina for approximately 10 minutes. Victim #2 states that the Defendant took her to his house against her will. At his house, she states that the Defendant forced her to perform oral sex on him and then had vaginal intercourse with her for approximately 10 minutes and he ejaculated on her stomach.

Through pretrial discovery and investigation, Attorney Gerald J. Noonan discovered that the alleged victim had psychological problems and memory loss that seriously undermined her credibility. Attorney Noonan filed Motions demanding that the District Attorney’s Office produce notes taken by the Assistant District Attorney’s and Victim Witness Advocates of their interviews with the alleged victim, as they were exculpatory. The District Attorney’s Office refused to produce their notes. Because of the alleged victim’s psychological problems, she could not recall certain key things due to memory loss. Attorney Noonan convinced the District Attorney’s Office to Nolle Pross the case because they did not have a good faith basis to go forward due to the alleged victim’s psychological issues, her memory loss, and the lateness of her disclosure to police. At the time, Defendant was serving his country in the United States Navy.

At the hearing in which the Commonwealth entered a Nolle Pross, Attorney Noonan demanded that the court enter an order compelling the Commonwealth to preserve all their notes concerning their interviews with the alleged victim, as they were extremely exculpatory. Attorney Noonan wanted to create a record of the alleged victim’s bad credibility in the event that the Commonwealth decided years later to prosecute the case years later. The Court declined the request but Attorney Noonan created a record in open to protect his client’s rights in the event of any future prosecution.

Result: Commonwealth entered a Nolle Prosequi on Statutory Rape charges, which means that the indictment is withdrawn – meaning that if circumstances change, a prosecution could be initiated again.

OUI-LIQUOR (second offense): NOLLE PROSEQUI

Defendant was arrested for Operating under the Influence of Alcohol. Defendant was given a breath test to determine his blood alcohol content. The results of the breath test showed that the defendant’s blood alcohol content was in excess of the legal limit. The Commonwealth alleged that the arresting officer administered the breath test. Attorney Gerald J. Noonan interviewed the arresting officer and the arresting officer informed him that he did not administer the breath test to the defendant. The arresting officer informed Attorney Noonan that a different officer administered the breath test. Attorney Noonan discovered that the other officer was not certified to administer breath tests. Later, the arresting officer retracted his statement and said that he was actually the one who administered the breath test. Attorney Noonan filed a Motion to Suppress the Results of the Breath Test and subpoenaed the Shift Supervisor on duty at the time of the defendant’s breath test. As a shift supervisor, this sergeant would be in a position to testify as to which officer administered the breath test, as all arrests and prisoner bookings were run by him.

It was later learned that the supervising officer was placed on administrative leave and terminated by the police department. The District Attorney’s Office never informed Attorney Noonan that the shift supervisor had been terminated. Attorney Gerald J. Noonan subpoenaed the shift supervisor to appear at the Trial but the shift supervisor did not appear. Attorney Noonan learned that the Commonwealth instructed the shift supervisor not to appear to any trials or court proceedings in which he was involved because he was no longer employed by the police department. As a result, the supervising officer did not appear at trial even though he was subpoenaed by Attorney Noonan.

Result: At trial, Attorney Gerald J. Noonan moved to dismiss the charges arguing: the Commonwealth failed to comply with discovery orders; the Commonwealth violated his client’s right to a speedy trial, and key witnesses failed to appear pursuant to Attorney Noonan’s subpoenas. In the alternative, Attorney Noonan moved to exclude the results of the breath test because the evidence showed that the officer who administered the breath test was not properly certified. At trial, the Commonwealth filed a Nolle Prosequi on all the charges.