Commonwealth v. E.W. – Brockton District Court

RECEIVING STOLEN PROPERTY: DISMISSED
SHOPLIFTING: DISMISSED
SHOPLIFTING: DISMISSED
SHOPLIFTING: DISMISSED

Police were dispatched to Target for a report of a male party cutting open boxes of merchandise and putting them in his pockets. Defendant was also seen opening videogames and removing them from the cases and placing them in a cooler. Defendant was also seen opening up videogames and placing them into his pockets. Police arrested the Defendant and recovered videogames in his pockets. They also located other merchandise that he hid inside the cooler. The security officer provided police with surveillance footage showing that the Defendant had come into the store on two previous occasions and had stolen a large number of videogames each time. When conducting an inventory of the Defendant’s vehicle, police recovered stolen property from Papa Ginos. The client was 20 years old and had no prior criminal record. Attorney Gerald J. Noonan had his client pay restitution to all the victims and convinced the District Attorney’s Office to dismiss all the charges.

Result: Attorney Gerald J. Noonan gets all criminal charges dismissed against 20 year-old defendant.

Commonwealth v. J.C. – Brockton District Court

OUI-LIQUOR (second offense): NOT GUILTY

On June 1, 2008, police were dispatched for a caller reporting an erratic operator. The caller was actually following the Defendant while reporting the information to police. The officer followed the Defendant’s vehicle and observed her cross the yellow center line. Defendant did not pull over right away but continued traveling for another fifty yards before finally pulling over to the very edge of the roadway. The officer asked Defendant to exit the vehicle to perform field sobriety tests. She stated that she had been coming from a wedding and denied drinking any alcohol. The officer detected a strong odor of alcohol coming from her breathe and he observed that her eyes were bloodshot. Defendant exited the vehicle in bare-feet stating that she had been wearing heels all night. Defendant failed all field sobriety tests, which included the one-legged stand and nine-step walk and turn. During booking, the officer stated that she was unsteady on her feet, that she walked into a wall, and that she almost fell into the hallway when being escorted to her cell. The officer stated that the Defendant’s face was flush, that her eyes were glassy and bloodshot, and that she appeared to be confused. Three months prior to her arrest, Defendant was convicted of OUI-Liquor having registered a blood alcohol content of .22, making this a second offense. At trial, Attorney Gerald J. Noonan called a mechanic to testify. The mechanic had inspected and test-driven the Defendant’s vehicle and he testified that the vehicle would drift in a certain direction because the alignment was bad. Attorney Noonan called a witness who testified that he attended the wedding with the Defendant prior to the arrest and that he sat at the same table with her during the wedding. The witness testified that he did not observe the Defendant consume any alcohol at the wedding and that she appeared sober at the wedding. Finally, Attorney Noonan impeached the officer by introducing Defendant’s color booking photo, which showed that her eyes were clear and face was normal in contradiction to the officer’s testimony that her face was flush and that her eyes were glassy and bloodshot.

Result: Attorney Gerald J. Noonan gets Not Guilty verdict on second offense OUI saving his client from possible 60 days in jail and a three-year suspension of driver’s license.

Commonwealth v. P.P. – Taunton District Court

INDECENT ASSAULT & BATTERY: REDUCED TO MISDEMEANOR
INDECENT ASSAULT & BATTERY: REDUCED TO MISDEMEANOR

Defendant’s 11-year-old biological daughter alleged that the defendant inappropriately touched her when she was 4 years-old. Defendant was being prosecuted in Barnstable County for Rape and Indecent Assault & Battery on his older daughter. She stated that her father touched her in the private area and it made her feel bad. She said this happened more than once. She stated that the Defendant “touched her crotch,” and that he touched her skin when her underwear was off. She said that it was painful when he touched her on the crotch. She said that it “stung and made her shake.” She said this happened about 10 times. Defendant’s wife told police that he was an alcoholic.

Result: Attorney Gerald J. Noonan got both felony sexual assault charges reduced to misdemeanor Assault & Battery saving his client from serving jail time and having to register as a sex offender.

Commonwealth v. F.T. – Quincy District Court

RAPE: NOLLE PROSEQUI

Randolph Police responded to the hospital for a reported rape. The patient claimed that she had been raped two days ago by a person she knew from her apartment building but she didn’t provide police with his name. She stated that the Defendant called her and convinced her to come to this apartment where he threw her onto his bed, grabbed her wrist, undid her pants, and vaginally raped her. During the rape, she had been screaming “No, No, No!” and kicking her legs. She was able to turn around onto her stomach at which time the Defendant raped her from behind. She stated that he then moved his mouth onto her vagina. He then shoved his penis into her face and told her to “suck it.” The victim showed police fresh bruises. A rape kit was performed at the hospital. 19 days after the alleged rape, the victim gave police the name of the perpetrator. Defendant vehemently denied the allegations.

Result: On February 13, 2009, the Commonwealth entered a Nolle Prosequi, which means that the indictment is withdrawn – meaning that if circumstances change, a prosecution could be initiated again.

Commonwealth v. P.P. – Barnstable District Court

RAPE OF CHILD: DISMISSED
INDECENT ASSAULT & BATTERY: REDUCED TO MISDEMEANOR

Defendant’s 15-year-old biological daughter alleged that the defendant molested her and her younger sister who is 11 years old. Defendant was charged in the Taunton District Court with Indecent Assault & Battery upon the younger sister. In this case, the alleged victim alleged that her father sexually abused her when she was 3-4 years-old. She claimed that, on multiple occasions, her father would play a game where he would lick his finger and run it up her butt-crack. She also claimed that her father made her touch his penis.

Result: Attorney Gerald J. Noonan got the Child Rape charge dismissed and the felony sexual assault charge reduced to a misdemeanor Assault & Battery (a non-sexual crime). His client was placed on probation for two-years on the misdemeanor Assault & Battery and Attorney Noonan saved his client from serving serious prison time and having to register as a sexual offender.

Commonwealth v. D.R. – Brighton District Court

OUI-LIQUOR: NOT GUILTY

On November 29, 2006, Boston Police officers heard a vehicle spinning its tires and rapidly accelerating on Harvard Ave. in Brighton. The officers then stopped Defendant’s vehicle on Harvard Ave. The officer, in fear for his safety, immediately removed the operator from the vehicle. Immediately, the officer detected a strong odor of alcohol coming from the operator and the officer observed that his eyes were extremely bloodshot and glassy. Defendant’s speech was slurred and he was unsteady on his feet. Defendant failed all four field sobriety tests, which included the nine step walk and turn, the one-legged stand, the counting test, and the alphabet test. At the police station, Defendant took a breathalyzer test and registered a blood alcohol content of 0.11.

Result: Attorney Gerald J. Noonan gets Not Guilty on OUI-Liquor charge against defendant with 0.11 blood alcohol content.

Commonwealth v. E.I. – New Bedford Superior Court

CONSPIRACY TO TRAFFIC COCAINE: NOLLE PROSEQUI
TRAFFICKING COCAINE: DISMISSED
TRAFFICKING IN SCHOOL ZONE: NOLLE PROSEQUI

Attleboro Police in conjunction with the DEA commenced a narcotics investigation of Suspect #1. Police engaged in many controlled buys with Suspect #1 over the span of 8-9 months. Suspect #1 would depart from his home and sell drugs to an undercover officer at the same location. Suspect #1 engaged in at least controlled buys with police selling large quantities of cocaine (24.7 grams, 53.7 grams, 44.4 grams, 22.1 grans, 24.3 grams). On November 17, 2005, Defendant and Suspect #1 departed from Suspect #1’s residence to engage in a drug sale. Defendant drove Suspect #1 from his residence to the location of the drug sale in a Mazda pick-truck. Suspect #1 then sold 22.3 grams of cocaine to the undercover officer from the Mazda pick-up truck. Police also searched through the trash at Suspect #1’s residence and found evidence of narcotics distribution. The police sought arrest warrants for Suspect #1, Defendant, and two other defendants. Police executed a search of Suspect #1 residence and found 61.8 grams of cocaine, $6,979.00 in cash, and other evidence of drug distribution. Attorney Gerald J. Noonan argued a Motion to Dismiss the Indictments (denied) on the basis that the Commonwealth presented false and deceptive evidence to the grand jury. Mainly, the Commonwealth neglected to introduce exculpatory evidence that the surveillance team did not identify the driver of the pick-up truck in the drug transaction of November 17, 2005, except as an “unknown male.” Attorney Noonan demanded production of police reports concerning the alleged transaction of November 17, 2005 and was only provided with an Attleboro Police Report. Defendant was facing a very lengthy prison sentence and definite deportation if convicted of the offenses. Attorney Gerald J. Noonan was able to get all charges dropped and the Trafficking charge reduced to Distribution of Class B and dismissed after one-year so long as the Defendant did not commit any new offenses. Result: On November 20, 2008, Drug Distribution charge was dismissed and Defendant avoids very length prison sentence and deportation from the United States.

Commonwealth v. S.M. – Hingham District Court

LEAVING THE SCENE PROPERTY DAMAGE: DISMISSED
OPERATING RECKLESSLY: DISMISSED

Police received two calls reporting that they heard loud skidding followed by a loud crash. Upon arrival, police observed fresh skid marks and damage to a stone wall in front of someone’s property. The vehicle drove off striking a second stone wall. Boulders from the stone wall were scattered all over the homeowner’s front lawn. Police found a license plate at the scene, which was registered to the Defendant. Police went to the Defendant’s residence and observed fresh heavy damage to his vehicle with the license plate missing. Defendant admitted to police that he had been driving in the area and he must have lost control of his vehicle but he denied hitting any stone wall.

Result: Attorney Gerald J. Noonan persuades clerk-magistrate not to issue criminal complaints against recent college graduate.

Commonwealth v. M.A. – Taunton District Court Docket No.: 0731 CR 1075

ASSAULT & BATTERY: DISMISSED

Defendant was formerly employed at a gas station and was fired by his employer for allegedly stealing money and gas. The alleged victim (former employer) states that he went to his daughter’s school to pick her up when he was confronted by the Defendant who swore at him and pushed him to the floor injuring his hands, nose, elbow, face, knee and hip. As a result of the assault and battery, the alleged victim went to the emergency room.

Result: Attorney Gerald J. Noonan gets Assault & Battery charge dismissed.

Commonwealth v. R.J. – Hingham District Court

OUI-LIQUOR (0.19 BAC) NOT GUILTY

Hanover Police were dispatched to a motor vehicle accident in which a motor vehicle had ended up in a wooded area. Upon arrival, the police officer observed a red pick-up truck in the woods approximately 15-feet off the roadway. The motor vehicle was damaged and hit several branches. There was no one inside the vehicle. The officer observed approximately 100 feet of skid marks leading up to the motor vehicle. While checking the area for the operator, Defendant approached the police officer. The officer asked who he was to which the Defendant replied, “It’s my truck.” The officer asked him if he was driving the truck and the Defendant replied, “Yeah, I don’t know what the fuck happened.” The officer observed that the Defendant had bloodshot eyes and smelled of alcohol. Defendant stated to the officer, “I’m fucked.” Defendant failed all field sobriety tests, which included the alphabet test, the counting test, the nine step heel-to-toe test, and the one-legged stand. Back at the police station, Defendant agreed to take a breath test and his blood alcohol content was 0.19, more than double the legal limit. Attorney Gerald J. Noonan acquitted his client of OUI-Liquor by attacking the Commonwealth’s case by showing that the Commonwealth failed to present sufficient evidence to show that the Defendant was the “operator” of the motor vehicle.

Result: Attorney Gerald J. Noonan gets Not Guilty on OUI-Liquor charge where defendant had a blood alcohol content of 0.19.

Case Results