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.

Commonwealth v. C.C. – Brockton District Court

CARRYING DANGEROUS WEAPON: DISMISSED
POSS. OF LIQUOR: DISMISSED

On August 12, 2007, West Bridgewater pulled over a vehicle for speeding. The operator was arrested for OUI-liquor. Upon making the stop, police observed all the occupants making furtive movements. Defendant was the front seat passenger. Police observed him to be possessing a twelve-ounce can of beer. Police detected a strong odor of marijuana coming from his mouth. Police observed chewed up pieces of marijuana residue in his mouth. Police pat-frisked the Defendant and found a kitchen steak knife in his front pocket with a homemade paper sheath.

Result: Attorney Gerald J. Noonan gets all criminal charges dismissed against active member of the military.

Commonwealth v. M.S. – Brockton District Court

POSSESSION OF CLASS B SUBSTANCE: DISMISSED

Brockton Police observed the Defendant seated in his vehicle in the parking lot of Stop & Shop doing drugs and snorting cocaine for approximately 10 minutes. With the Defendant’s permission, police searched his vehicle and found a plastic baggie containing a “large amount of cocaine.”

Result: Attorney Gerald J. Noonan gets drug charge dismissed.

Commonwealth v. K.C. – Taunton District Court

LARCENY OF A FIREARM: NOT GUILTY
LARCENY OF A FIREARM: NOT GUILTY
LARCENY OF DRUGS: NOT GUILTY
LARCENY OF DRUGS: NOT GUILTY
LARCENY OF DRUGS: NOT GUILTY
ENTERING DWELLING by FALSE PRETENSE: NOT GUILTY
WITNESS INTIMIDATION: NOT GUILTY

Police were dispatched to a residence for a report of a burglary. Upon arrival, police spoke to the homeowner. The homeowner stated that somebody broke into her gun safe and stole two firearms. The homeowner also stated that somebody stole her prescription medication from her pill bag. She told police that she felt the Defendant stole the firearms and prescription pills. Two days before she called police, David (a friend of the homeowner) came over to the homeowner’s house. David came over the house with Kevin, the Defendant. David asked the homeowner where she keeps her guns because Kevin wants to shoot it. She stated that she kept the guns in a safe but she couldn’t find the key. David kept asking her about the gun and the key. David and Kevin came back to her home later that evening. The homeowner told police that the Defendant kept walking in and out of her house. David and Kevin left the home a short time later. The next day, the homeowner discovered that her guns and prescription pills were missing. The homeowner stated that David and Kevin were the only people inside her home from the time she last saw the firearms until the firearms went missing. She stated that her prescription medications were in her pill bag before David and Kevin came over her house.

After she reported the guns missing, the homeowner called the police later that evening and reported that one of the guns was put in her mailbox. She told police that she believed David called her and told her that the gun was in her mailbox. Police were unable to extract useable fingerprints from the gun safe. The homeowner called to report to police that she saw the Defendant when she was in Taunton and that the Defendant threatened her by saying that she would be sorry if she were to testify against David. Later on, the homeowner called the police to report that the Defendant was pulling in and out of her driveway in a dark vehicle to scare her.

Result: After a two-day bench trial, Attorney Gerald J. Noonan gets Not Guilty verdicts on all 7 criminal offenses.

Commonwealth v. L.W. – Brockton District Court

POSSESSION OF CLASS B SUBSTANCE: DISMISSED

Abington Police observed a dark colored vehicle parked in a parking lot at night with the headlights off. The parking lot was known to police as being an area of illegal drug activity. Police observed the occupants looking down at the center console. As the officers approached the vehicle, they observed the passenger holding a crack pipe and having crack cocaine in his possession. Police observed the driver to be placing a white substance in the pipe. Police searched the vehicle and found crack cocaine and three crack pipes.

Result: Attorney Gerald J. Noonan gets drug charge dismissed.

Commonwealth v. R.N. – West Roxbury District Court

THREAT TO COMMIT A CRIME: DISMISSED
CRIMINAL HARASSMENT: DISMISSED

Police received a 911 call reporting threatening phone calls. Upon arrival, the female caller stated that she received several phones in which the Defendant threatened to “pop her daughter when he gets the chance.” Defendant had been in a four-year dating relationship with the daughter until they broke up. She reported to police that the Defendant is known to carry a gun. Later, the alleged victim (defendant’s ex-girlfriend) walked into the police station and reported that the Defendant threatened her with a gun. She stated that he threatened her with a gun on a prior occasion. She stated that on two different occasions the Defendant punched her. She stated that the Defendant has called her and sent text messages saying that he has guns and isn’t afraid to die. She provided police with some of the text messages.

Result: On the day of trial, Attorney Gerald J. Noonan got all criminal charges dismissed.

Commonwealth v. J.G. – Lawrence District Court

OUI-LIQUOR: NOT GUILTY

A State Trooper observed the Defendant passed his police cruiser on Route 91 South traveling at a high rate of speed in excess of 100 mph. The Trooper pursued the Defendant’s vehicle reaching speeds in excess of 100 mph and at one point clocked his speed at 110 mph. The Trooper detected an odor of alcohol and a faint odor of burnt marijuana emitting from the Defendant’s vehicle. The Trooper observed that the Defendant’s eyes were glassy and bloodshot that his speech was slurred and that he appeared lethargic. Defendant accused the Trooper of racially profiling him and being trigger happy. Defendant admitted to consuming two beers. Defendant failed the alphabet test. On the one-legged stand, Defendant raised his leg above the requested six-inches to thigh level because she wanted to “do extra.” However, the Trooper noted that he counted to seven and put his foot down on the ground. Defendant failed the finger-to-nose test on five attempts. At the police station, Defendant was argumentative and uncooperative. He immediately stated, “I have to piss.” He accused the Trooper of having a quota. He refused to tell the Trooper that phone number and the name of the person he called from the police station. During booking, Defendant unbuttoned his shirt, got on his knees, and raised his arms saying. “I’ll get naked, whatever you want me to do.” Defendant then fell asleep in his cell.

Result: After a three-day trial in the Lawrence District Court, Attorney Gerald J. Noonan gets Not Guilty verdict for his client.

Case Results