Case Results
Commonwealth v. J.L. – Boston Municipal Court
SHOPLIFTING: NO CHARGES FILED
Client, a 29 year-old special education teacher with no criminal record, was detained by loss prevention officers at Shaw’s Supermarket for shoplifting various items. The issuance of a criminal complaint for shoplifting would affect the client’s employment as a special education teacher and may affect his ability to enroll in a master’s program. After he was detained by security, client received a notice in the mail from the Loss Prevention Department. Client immediately called Attorney Patrick J. Noonan who negotiated with the Loss Prevention and Legal Department at Shaw’s and convinced them not to pursue any criminal charges against his client. On March 23, 2015, the legal department at Shaw’s sent written confirmation to Attorney Noonan that they would not pursue any criminal charges against his client.
Result: No criminal charges were filed against the Defendant and client’s clean record remains intact.
Commonwealth v. R.P. – Brockton Superior Court
ASSAULT w/ INTENT TO MURDER: NOT GUILTY
Defendant was indicted for Assault with Intent to Murder stemming from allegations that he tried to murder his wife with knives he kept throwing at her. Attorney Gerald J. Noonan and Attorney Patrick J. Noonan tried the case before a jury. At trial, the Commonwealth introduced a 911 tape in which the alleged victim was screaming and crying that her husband was trying to kill her with knives he kept throwing. The Commonwealth also presented photographs of damage inside the couple’s home including stab marks in the wall, holes in the wall, furniture tossed over, and broken glass. Attorney Gerald J. Noonan and Attorney Patrick J. Noonan argued that the Defendant directed all his destruction on the house (not his wife) by throwing knives into the wall, stabbing the wall, punching holes on the wall, and tossing over furniture. During the course of his destruction, the Defendant never touched his wife, and Attorney Noonan presented evidence that the alleged victim did not sustain any injuries and never complained of any injuries.
Result: After a three-day trial, the jury found the Defendant Not Guilty of Assault with Intent to Murder, the most serious of the indictments. “Trial opens in Brockton for ex-firefighter charged with assaulting late wife.”
Commonwealth v. T.W. – Brockton District Court
ASSAULT & BATTERY: DISMISSED
ASSAULT & BATTERY w/ DANGEROUS WEAPON: DISMISSED
THREAT TO COMMIT CRIME (MURDER): DISMISSED
Brockton Police were dispatched to the Defendant’s residence after receiving a 911 call in which her husband reported that she had assaulted him with a hammer and fled the house. The husband told police that a verbal argument ensued between them and the Defendant threatened to kill him. The alleged victim stated that the Defendant same into his bedroom with a screw driver and hammer and struck him with the hammer. Police observed marks to the victim’s right shoulder. The victim took out an emergency restraining order against the Defendant, which was granted by the judge. After taking out the emergency restraining order, the victim went to spend the night at his church. The Defendant and her two sons went to the church and assaulted the victim by punching and hitting him. Attorney Gerald J. Noonan filed a pretrial Motion to Dismiss and presented an Affidavit from the victim stating that he would invoke his marital privilege and refuse to testify against his wife at trial.
Result: Attorney Gerald J. Noonan argued that, in the absence of the victim’s testimony, the Commonwealth would unable to prove the case at trial. The judge agreed and dismissed the criminal complaints.
Commonwealth v. J.C. – Lynn District Court
ASSAULT & BATTERY: RELEASED FROM CUSTODY
DISORDERLY CONDUCT: RELEASED FROM CUSTODY
RESISTING ARREST: RELEASED FROM CUSTODY
THREATS TO COMMIT ARSON: RELEASED FROM CUSTODY
STALKING: RELEASED FROM CUSTODY
The Commonwealth sought to hold the Defendant in custody for 120 days or until trial due to the seriousness of the allegations that he attempted to burn down his ex-girlfriend’s house with gasoline until police intervened to physically stop him. After a Dangerousness Hearing, Defendant was released from custody. Upon a finding of dangerousness and a finding that no conditions of release would ensure the public safety, the Defendant would be held in the House of Correction for 120 days under the new domestic violence statute. Attorney Patrick J. Noonan represented the client at the Dangerousness Hearing and thoroughly impeached and discredited the testimony of the alleged victim-girlfriend.
Result: Attorney Patrick J. Noonan saves his client from serving 120 days in jail.
Commonwealth v. John Doe – Plymouth Juvenile Court
TRESPASS: CWOF (9 months, admin. probation, $734.00 restitution)
VANDALISM: DISMISSED
BREAKING & ENTERING: DISMISSED
POSSESSION OF LIQUOR: DISMISSED
Plymouth Police were dispatched to a vacant residence after receiving a call that a male and female were seen walking up the driveway of the vacant home holding rocks. Police discovered 14 teenagers inside the home, including the Defendant. Police observed severe damage to the home, including trash thrown around, tagging of a red penis inside the front door, dirt in every room, pasta thrown on the kitchen floor, burned pieces of wood in the living room, a swastika painted on the bedroom wall, the words “No Jews Allowed” spray painted on the bedroom wall, testicles painted on the bedroom wall. Police arrested 14 teenagers including the Defendant. The Commonwealth estimated the damage at approximately $50,000.
Result: Attorney Gerald J. Noonan argued that there was insufficient evidence to charge his client as being a joint-venturer in the crimes, as the evidence merely showed that the Defendant was present at the scene of the crime and something more was required.
Commonwealth v. K.T. – Hingham District Court
RECEIVING STOLEN PROPERTY: DISMISSED
LARCENY FALSE PRETENSE: DISMISSED
Client was charged with Receiving Stolen Property over $250, a felony offense, stemming from allegations that she stole three pieces of jewelry from the alleged victim totaling approximately $5,430, including a gold Claddagh ring (valued at $100), a diamond pendant necklace with a gold necklace (valued at $130), a 14K gold diamond anniversary band ring (valued at $2,200), and a 14K gold teardrop solitaire ring (valued at $2,000-$3,000). The client then allegedly pawned the jewelry, claiming to be the rightful owner of the property, and received payment resulting in an additional charge of Larceny by False Pretense.
Result: Attorney Patrick J. Noonan was able to get all criminal charges dismissed outright at the second court date.
Commonwealth v. V.S. – Dedham District Court
INDECENT ASSAULT & BATTERY: REDUCED TO NON-SEXUAL MISDEMEANOR OFFENSE
The alleged victim (age 16) accused the Defendant (her brother-in-law) of sexually abusing her on three different occasions beginning when she was 11 years-old. Prior to trial, the Commonwealth offered to reduce the felony sex offense of Indecent Assault & Battery to a simple misdemeanor Assault & Battery, which is a non-sexual offense. Had the Defendant been convicted of the felony sexual assault, he would have to register as a sexual offender and face the possibility of prison time. Defendant was placed on probation for the simple misdemeanor assault and battery. Defendant was placed on probation for the misdemeanor Assault & Battery. He returned to his home in Texas where he lives with his wife and child.
Result: Commonwealth reduces felony sex offense of Indecent Assault & Battery to a misdemeanor Assault & Battery, which is a non-sexual offense, saving his client possible jail time and having to register as a sex offender.
Commonwealth v. K.J. – Brockton Juvenile Court
BREAKING & ENTERING FOR FELONY: DISMISSED
Police responded to the breaking and entering in progress. Upon arrival to the home, police detained a man walking across the front lawn. The man confessed to breaking into the home to steal $10,000 and stated that he committed the crime with two friends named Kevin and Andrew. A short distance away, police observed two males walking on the sidewalk. They were identified as Kevin and Andrew and were placed under arrest as joint venturers in the house break. In his Motion to Dismiss, Attorney Noonan argued that his client’s mere presence at the crime scene (without any other corroborative evidence of his involvement) was insufficient to charge him as a joint venturer.
Result: After Hearing, Attorney Noonan’s Motion to Dismiss was allowed and the felony B & E charge was dismissed.
Commonwealth v. R.W. – Wrentham District Court
POSSESSION CLASS A SUBSTANCE: DISMISSED and SEALED
POSSESSION CLASS A SUBSTANCE: DISMISSED and SEALED
Client, 32 year-old financial consultant, with no criminal record was arrested and charged with Possession of Class A Heroin (two counts). Police were conducting surveillance in a high-crime area and observed a known drug dealer and a known drug user engage in a hand-to-hand transaction. Police then stopped Defendant’s motor vehicle and discovered heroin (Class A). Attorney Patrick J. Noonan filed a Motion Requesting Assignment to a Drug Treatment Facility pursuant to Chapter 111E. The prosecutor objected. Attorney Patrick J. Noonan presented evidence establishing Defendant’s drug dependency. Attorney Noonan presented a treatment plan to the court, which included the client’s enrollment in an outpatient program where he will be treated by a psychiatrist and a substance abuse counselor. The judge adopted Attorney Noonan’s treatment plan.
Result: Defendant’s case was dismissed upon his successful completion of drug treatment, and the drug charges were permanently sealed from the Defendant’s record.