Case Results
Commonwealth v. L.J. – Stoughton District Court
LARCENY: DISMISSED at CLERK’S HEARING
Client, 46 year-old medical secretary with no criminal record, was charged with Larceny over $250 (felony) stemming from a shoplifting incident in which she allegedly stole over $250 worth of merchandise from Kohl’s Department Store.
Result: Attorney Patrick J. Noonan persuades Clerk-Magistrate to not issue criminal complaint for shoplifting against medical secretary.
Commonwealth v. T.M. – Brockton District Court
ASSAULT and BATTERY: DISMISSED
THREATS TO COMMIT CRIME: DISMISSED
The alleged victim went to the Brockton Police Station to report that her boyfriend (Defendant) and father of her two children assaulted her by hitting her on the left side of her face. After the assault, the alleged victim went to her parents’ home with her two children. The alleged victim reported that the Defendant called her and made threatening statements to her on the cell phone. She reported that the Defendant stated that he had a knife and unless she wanted someone to get hurt she should go with him.
Result: Attorney Gerald J. Noonan dismisses all charges due to the fact that the alleged victim asserted her Fifth Amendment privilege against self-incrimination in court.
Commonwealth v. J.W. – New Bedford District Court
THREATS TO COMMIT ASSAULT & BATTERY: DISMISSED
ASSAULT & BATTERY: DISMISSED
Alleged Victim #1 is the mother of the Defendant’s child. She told police that the Defendant that the Defendant came over to pick his son for a visit and instigated a fight with her husband and threatened to kick his ass. The husband (Alleged Victim #2) stated that the Defendant jumped out of his truck, threw his coat on the ground, and began shouting expletives at him. The Defendant also threatened to “light him up” and goaded him by saying, “Make my day.” Defendant refused the leave the property until they called the police. Later in the day, the alleged victim and her husband went to the Defendant’s house to pick up the son. She stated that the Defendant attacked her husband in the driveway by grabbing him, putting him over the trunk of the car, and repeatedly struck him in the face until the Defendant’s mother pulled him off. Police observed fresh scratches and red marks to the face of the husband, Alleged Victim #2. Police observed that Alleged Victim #2’s clothing was disheveled. Alleged Victim #2 stated that the Defendant grabbed him by the face and threw him into his car and assaulted him until the Defendant’s mother pulled him off. Alleged Victim #1 obtained an emergency restraining stating that there has been a history of threatening behavior by the Defendant. At a clerk-magistrate hearing, Attorney Gerald J. Noonan presented testimony of witnesses to the incident showing that the Defendant acted in self-defense. The mother and brother of the Defendant testified that the Defendant acted in self-defense when Alleged Victim #2 clenched his fist and raised it at the Defendant. The Defendant, in response, grabbed Alleged Victim #2 and placed his chest against the trunk of the car. Witnesses testified that the Defendant never punched Alleged Victim #2. Defendant stated that he would not let the Alleged Victim go because he felt that the Alleged Victim might attack him. Testimony was presented that the Alleged Victim claimed some responsibility in the altercation by admitting that he had made some mistakes. Testimony was presented that the Defendant remained calm, cool, and collected when the police arrived. Lastly, Attorney Noonan presented evidence that there has been a history of animosity between the parties prior to this incident.
Result: Attorney Gerald J. Noonan persuades clerk-magistrate not to issue criminal complaint against electrician.
Commonwealth v. B.M. – Attleboro District Court
DRUG POSSESSION: CRIMINAL RECORD SEALED
Client, 40 year-old physician’s assistant, was charged with Possession of Class B Substance (cocaine) stemming from an arrest at a Comcast Center. After the Defendant’s case was dismissed, Attorney Patrick J. Noonan filed a Petition to Seal his client’s criminal record, arguing that substantial justice required sealing of his client’s criminal record, as he is gainfully employed as a physician’s assistant and the effect of the charge would cause him to lose his license as a physician’s assistant.
Result: Attorney Patrick J. Noonan gets drug charge permanently sealed on Physician Assistant’s record.
Commonwealth v. K.Z. – Stoughton District Court
ASSAULT & BATTERY (on minor) DISMISSED
AB with DANGEROUS WEAPON (on minor) DISMISSED
Sharon Police were dispatched to a domestic dispute between the Defendant (father) and his 14 year-old son (alleged victim) who told police that his father hit him across the face with his open hands and then hit him a couple of times in the butt with a frying pan. Upon arrival, Police observed that the alleged victim was visibly shaken and sobbing. Police observed red marks on the alleged victim’s upper thigh and butt.
Result: Attorney Gerald J. Noonan gets aggravated felony charge dismissed outright.
Commonwealth v. C.F. – Quincy District Court
ASSAULT & BATTERY DANGEROUS WEAPON: DISMISSED
MALICIOUS DESTRUCTION OF PROPERTY: DISMISSED
Client, 20-year-old office worker, was charged with assault and battery with a dangerous weapon and malicious destruction of property stemming from an incident in which she threatened the victim with an aluminum baseball bat and damaged the victim’s 2010 Mercedes with said aluminum baseball bat. Defendant chased the victim into his vehicle with the aluminum baseball bat. Once the victim got inside his vehicle, Defendant proceeded to smash his vehicle repeatedly with the baseball bat until the victim sped away. The 2010 Mercedes sustained property damage in excess of $9,000.00. At the Clerk’s Hearing, Attorney Patrick J. Noonan successfully argued that the Defendant was acting in self-defense. Specifically, Attorney Noonan presented evidence that the alleged victim was stalking and constantly harassing the Defendant through a chain of disturbing text messages and e-mails. The Clerk-Magistrate found that the alleged victim acted justifiably, as she was placed in imminent fear of bodily harm.
Result: Attorney Patrick J. Noonan gets felony charges dismissed against 20 year-old Defendant.
Commonwealth v. D.M. – Brockton District Court
POSSESSION OF COCAINE: DISMISSED PRIOR TO ARRAIGNMENT
Brockton Police pulled over the Defendant’s vehicle for an expired registration sticker. While preparing for a tow truck, the officer observed plastic baggie containing cocaine residue on the driver’s side floor. The officer conducted a pat-frisk of the Defendant and found a second plastic baggie containing cocaine. The Defendant admitted that the white powder was in fact cocaine. A field test showed that the substance was positive for cocaine. The cocaine in the Defendant’s pocket had an approximate weight of 0.5 grams. Attorney Gerald J. Noonan continued the arraignment and had the Defendant enroll in an outpatient substance abuse treatment program. Attorney Noonan filed a Motion to Dismiss under Chapter 111E arguing that the case should be dismissed, as this was a first-time drug offense for which the Defendant received drug treatment. Attorney Noonan tendered documentation showing that the Defendant successfully completed the outpatient drug treatment program.
Result: Attorney Gerald J. Noonan gets case dismissed prior to arraignment saving his client from having a drug charge on his record.
Commonwealth v. R.M. – Brockton Superior Court
RAPE OF CHILD: NOT GUILTY
INDECENT ASSAULT and BATTERY: NOT GUILTY
Client, 44-year-old contractor, was accused of rape and indecent assault and battery by his 11 year-old niece. The alleged victim claimed that the Defendant had filmed her taking a shower with a camera from the outside bathroom window. The parents of the alleged suspected that it was the Defendant because they discovered a “peephole” in the wall that separates the Defendant’s bedroom from the alleged victim’s bedroom. Brockton Police inspected the peep hole, which was a drill hole that appeared to be strategically placed under a shelf in the victim’s room. The alleged victim stated that her uncle (Defendant) would grab her butt very often and that if happened so many times that she couldn’t guess how many. The alleged victim disclosed an incident in which she was sleeping on the couch with the Defendant. She stated that the Defendant rubbed her stomach, unbuttoned her pants, and put his finger inside her. At trial, Attorney Gerald J. Noonan thoroughly discredited the alleged victim. Attorney Noonan introduced exhibits and a diagram showing the layout of the small living room and the couch where the alleged rape occurred. At the time of the rape, the alleged victim stated that she had been sleeping on the same couch as her younger sister and her brother was sleeping on the floor beside the couch approximately five feet away. Attorney Noonan showed that the alleged victim’s sister and brother would have seen or heard the rape because they were literally a few feet away when it happened. The alleged victim’s trial testimony was different from her interview with police. She told police that the Defendant inserted one finger into her vagina. At the trial, the alleged victim testified that the Defendant inserted “five fingers” inside her vagina. Attorney Noonan argued that inserting five fingers into the vagina of an 11 year-old female weighing approximately 70-80 pounds would be painful causing the alleged victim to cry, yell or scream out in pain. Attorney Noonan exploited the absurdity of the alleged victim’s testimony that the Defendant inserted all five fingers into her vagina and proceeded to move all five fingers back and forth inside her vagina in a rubbing motion. Meanwhile, the alleged victim remained totally quiet and her siblings sleeping feet away never heard or saw anything. In addition, had these allegations been true, Attorney Noonan argued that there would be some physical or medical evidence to corroborate that the alleged victim had been digitally raped. To make things more unbelievable, after the rape, the alleged victim got up from the couch went to the bathroom, and returned to the couch where she slept for the rest of the night. Attorney Noonan established that all the family members were home and that the alleged victim passed her parent’s bedroom to and from the bathroom and decided not to disclose anything to them at that time. Attorney Noonan argued that it didn’t make any sense that a girl having been digitally raped for over two minutes with five fingers by a grown man would then decide to return back to the same couch and sleep beside the person who had just raped her. The jury only deliberated for about two hours and found the Defendant Not Guilty on all indictments.
Result: Attorney Gerald J. Noonan gets Not Guilty verdicts in Child Rape case saving his client from serving life in prison. “Brockton man found not guilty of charges of child rape, indecent assault.”