Result

In 2011 a 75 year old female client was exercising at a gym. A personal trainer employed by the gym was training the client. While working out on a exercise machine a piece of the machine broke-off and struck her in the right breast. The client sustained some chest bruising. Client was a breast cancer survivor that had undergone a right breast lumpectomy several years earlier.  Attorney Brendan J. Noonan brought a claim against the gym that employed the personal trainer and owned and maintained the exercise equipment and the manufacturer of the exercise equipment.

Case Results: Attorney Brendan J. Noonan settled the case.

On April 27, 2014, Client  went to the Julep Bar in Boston with friends to celebrate a birthday. At last call, bar staff proceeded to herd patrons out of the establishment. Client and his friend were in the process of paying the party’s bill when a bouncer demanded that they leave. Client and friend explained that they were trying to pay the bar tab and would leave once it was paid. An argument ensued and the bouncer punched client in the face sending him to the ground causing him to lose consciousness. Client went to the emergency room. He was diagnosed with swelling and abrasions to the face and head. He sustained a laceration to the right check. Subsequently, he would be diagnosed with post-concussion syndrome. The insurance company (Hudson) hired an independent agency to investigate the claim. The insurance company contested liability claiming that the client was intoxicated and the aggressor. Attorney Patrick J. Noonan interviewed and obtained statements from four independent witnesses.

Case Results: The insurance company then conceded liability and settled the case.

Bouncer at a Boston Bar administered rear naked choke hold to remove client from bar. Client did not receive medical treatment.

Case Results: Attorney Brendan J. Noonan settled the claim.

On October 6, 2012, Client was a patron at a night club in Boston. Bouncers ejected him from the establishment and one bouncer punched him in the face, causing him to sustain a black eye.

Case Results: Attorney Brendan J. Noonan settled the case.

23 year old client sustained black eye in an altercation with another customer at a bar in Boston. Client’s only medical treatment was a visit to his primary care physician’s office.

Case Results: Attorney Brendan J. Noonan settled the claim.

ATTORNEY GERALD J. NOONAN GETS POSSESSION OF HEROIN / FENTANYL CHARGE AGAINST QUINCY MAN WITH NO CRIMINAL RECORD DISMISSED ON THIRD COURT DATE

Defendant is a 31 year-old Quincy resident with no criminal record. He is a Foreman at a company that provides engineering and construction services. Abington Police pulled over the Defendant’s vehicle for speeding and running a red light. Upon approaching the vehicle, the officer observed the defendant-operator bending down and shielding his hands from view. When questioning him, Defendant turned his body away from the officer, shielded both hands from view, and reached down into his waist. The officer ordered him to exit the vehicle whereupon the Defendant placed his right hand in his right pocket. Throughout his entire with the Defendant, he continued to place his hands in his pockets causing the officer to remove the Defendant’s hand from his pocket and place him in handcuffs. The officer conducted a pat-frisk and found two plastic bags, containing white and brown powder, in the Defendant’s pocket. The defendant admitted that the substance in the bags was “Fentanyl.” A Drug Certificate of Analysis confirmed that the substances tested positive for Heroin and Fentanyl. As a result, Defendant was charged with Possession with Class A-Heroin (G.L. c. 94C, §31).

Result: At the outset of the case, Attorney Gerald J. Noonan campaigned to dismiss the case; first by filing a motion to dismiss and later by trying to persuade the District Attorney’s Office to dismiss the case. On his third court appearance, Attorney Gerald J. Noonan convinced the prosecutor to dismiss the case upon the payment of $250 in court costs.

FELONY DRUG CHARGE AGAINST DEFENDANT WHO WAS A PASSENGER IN A CAR WITH 15 POUNDS OF MARIJUANA AND $68,000 IN CASH IS REDUCED TO MISDEMEANOR OFFENSE OF SIMPLE POSSESSION AND WILL BE DISMISSED AFTER 6 MONTHS OF PROBATION WITH NO CONVICTION

In August of 2017, Brockton Police pulled a vehicle over for not having an inspection sticker. The vehicle had three occupants: the operator, a front seat passenger, and a backseat passenger. As officers approached the vehicle, they claimed to have seen silhouettes of the occupants moving their upper torsos from side to side and looking back at the officers. Upon approaching the vehicle, police observed a marijuana blunt burning in the ashtray. Police observed a backpack on the floor behind the driver’s seat. The officer asked if the backpack contained any weapons, whereupon the operator was alleged to have suddenly turned around to retrieve the backpack, causing officers to supposedly fear for their safety. Under the guise of fearing for their safety, officers ordered all three occupants to exit the vehicle. Inside the backpack, officers found 362 grams of marijuana. Officers searched the trunk and found 15 bags of marijuana totaling 15 pounds. Finally, officers found over $68,000 in cash in the vehicle. All three defendants were charged with Possession with Intent to Distribute Class D-Marijuana (G.L. c. 94C, 32C) and Conspiracy to Violate the Drug Laws (G.L. c. 94C, §40).

Result: The three defendants filed a Motion to Suppress the evidence (i.e., the marijuana) arguing, among other things, that the evidence was obtained as a result of an unlawful search and seizure. The hearing on the Motion to Suppress had been scheduled five times. The fifth time that the Motion to Suppress had been scheduled, the Commonwealth offered to reduce the Defendant’s felony charge to the misdemeanor offense of simple possession of marijuana and to dismiss the case after six-months of unsupervised probation. If the Defendant stays out of trouble for six months, the case will be dismissed resulting in no conviction.

DOMESTIC VIOLENCE CHARGE AGAINST MANSFIELD MAN DISMISSED AFTER ALLEGED VICTIM INVOKES PRIVILEGE AGAINST SELF-INCRIMINATION

Defendant, a 33 year-old Construction Project Manager and Mansfield resident, with no criminal record, was charged with Assault and Battery on a Family / Household Member (G.L. c. 265, §13M) in the Framingham District Court. Framingham Police were called to a residence for a family problem. Upon arrival, police spoke with the Defendant’s girlfriend who reported that the Defendant pushed her causing her to fall down and strike a coffee table. The girlfriend showed the police injuries to her chest and arms. After getting the girlfriend’s story, police arrested the Defendant.

Result: The Defense Team interviewed the girlfriend who stated that she told the District Attorney’s Office that she sustained her injuries as a result of being intoxicated and falling down, and that her injuries did not come from the Defendant. Furthermore, the girlfriend told the Defense Team that she called the police station, almost every hour, after the Defendant had been arrested because she wanted him released from jail and she felt bad that he had been arrested. At the Defendant’s arraignment, the girlfriend stated that she did not want a “stay away” or “no contact order” because she was not in any fear of the Defendant and she wanted him to return home. In the police report, the girlfriend told police that her argument with the Defendant escalated into a pushing and shoving match. If the girlfriend initiated a physical confrontation by pushing and shoving the Defendant, she arguably committed an assault and battery. At trial, the girlfriend asserted her Fifth Amendment privilege against self-incrimination and elected not to testify against the Defendant and the Court dismissed the case.

FELONY ASSAULT CHARGE STEMMING FROM A BRAWL AT THE TAMBOO RESTAURANT IN BROCKTON DISMISSED AGAINST IMMIGRANT MAN FACING DEPORTATION AFTER NOONAN DEFENSE TEAM PRESENTS EVIDENCE THAT THE ALLEGED VICTIM AND HER GROUP STARTED THE FIGHT, MADE THREATS, THREW GLASSES, AND INJURED TWO PEOPLE IN THE DEFENDANT’S PARTY

Defendant, a Brockton man, with no criminal record, is a hospital worker at Newton Wellesley Hospital. On October 14, 2018, Defendant and his family went to church to celebrate the baptism of his twin babies. After the baptism, Defendant’s family booked a room at the Tamboo Restaurant in Brockton to celebrate the baptism. Inside the Tamboo, there was a dispute with another group who had booked the same room for a fashion show. There was an argument between the Defendant’s group and the Fashion Group, which culminated in a brawl between the two parties. It was alleged that the Defendant picked up a chair, threw it, and the chair struck the alleged victim in the foot. The alleged victim was taken to the hospital for the injuries to her foot. Defendant was charged with Assault and Battery with a Dangerous Weapon (G.L. c. 265, §15A). Because the Defendant was not an American citizen, he was facing deportation if he was convicted.

Result: Prior to trial, the Noonan Defense Team provided the Commonwealth with the following evidence: Someone in the alleged victim’s group threw a glass, which almost struck one of the Defendant’s babies and a 10 year-old child. Someone in the alleged victim’s group threw a punch at the Defendant’s fiancé, as the fiancé was holding one of the Defendant’s babies. The alleged victim’s group charged over at the Defendant’s group and knocked over the Defendant’s 71 year-old future mother-in-law, which resulted in injuries to the mother-in-law. One member of the alleged victim’s group punched a woman in the Defendant’s group in the face, knocked her to the ground, whereupon other members of the alleged victim’s group proceeded to attack this woman, injuring her to the point where she had to be taken to the emergency room. One member of the alleged victim’s group threatened the Defendant’s group with a pair of scissors. During this altercation, the alleged victim’s group was making threats to cause bodily harm to the Defendant’s group. The Noonan Defense Team interviewed the manager of the restaurant who witnessed the brawl. The manager told our investigator that he did not see the Defendant throw a chair. The Noonan Defense Team was prepared to call 5 witnesses from the Defendant’s group to testify and was ready to introduce medical records of those from the Defendant’s group who were injured in the brawl, along with a 911 call made by a member of the Defendant’s group who reported that she had been assaulted by the other group. Prior to trial, the prosecutor asked the Judge to have an attorney appointed to represent the alleged victim and to her evaluate her for a potential Fifth Amendment privilege against self-incrimination. The alleged victim exercised her privilege against self-incrimination and the Commonwealth dismissed the case. As a result, the Defendant, a hard-working immigrant, and father of two twin babies, with no criminal record, will not be deported.

Click the Links Below for News Coverage on the Case: 

• “2 injured, 1 arrested in brawl at Tambo in downtown Brockton.”
• “Fight Breaks Out in Brockton Between Baby Shower, Fashion Show Attendees.”

AT CLERK-MAGISTRATE HEARING, CHARGE OF THREATS TO COMMIT CRIME IS DISMISSED, AS ATTORNEY GERALD J. NOONAN ESTABLISHES THAT THE ALLEGED VICTIM COULD NOT IDENTIFY THE DEFENDANT AS THE PERSON WHO MADE THE THREATS

On May 12, 2019, Brockton Police received six (6) complaints about loud music and disturbances coming from the Defendant’s residence. At approximately 12:00 a.m., Brockton Police were called to the Defendant’s residence for a disturbance for loud music. Upon arrival, police spoke to the defendant and police warned him that, if they were to receive any more complaints, they would shut the party down. Thereafter, police received five more calls. In one call, a neighbor reported that there were 25 people in the middle of the street having a party. The neighbor went out to the middle of the street and asked the people to take the party back into the house whereupon one of the individual’s threatened to harm the neighbor. As a result, Defendant was charged with Keeping a Noisy and Disorderly Home (G.L. c. 272, §53) and Threats to Commit a Crime (G.L. c. 275, §2).

Result: At the Clerk-Magistrate Hearing, five (5) witnesses appeared on behalf of the police department. These five witnesses lived on the same street as the Defendant and were so upset because there had been a history of loud disturbances coming from the Defendant’s home. Attorney Gerald J. Noonan cross-examined the alleged victim (the neighbor who was allegedly threatened by the Defendant.) Through cross-examination, Attorney Noonan established that the victim was unable to identify the Defendant as the man who threatened him. Moreover, Attorney Noonan argued that there was insufficient evidence to charge the Defendant with making threats, as there was no evidence identifying his client as the person making the threats. As a result, there was insufficient probable cause to charge the client with Threats. The remaining charge of Keeping a Noisy and Disorderly was held open for six months. If there are no further problems, the remaining charge will be dismissed.