Case Results
Commonwealth v. John Doe – Dedham Juvenile Court
ASSAULT with INTENT TO RAPE: DISMISSED
Police were dispatched to Middle-High School to speak with the Assistant Principal with regards to allegations of sexual assault in which six students reported to the Principal that the Defendant (eighth greater) had been touching and grabbing their butts and making sexual comments to them. This was described as a pattern of sexual harassment that had taken place over the period of months. One of the alleged victim-students told the Principal that the Defendant tried to put his hand in her pants. The alleged victim later told police that the Defendant exposed his penis and said, “I want to fuck you” and had touched her breasts on occasion. One witness provided a statement that the Defendant had the alleged victim on the floor of the locker room and was humping her and fingering her. The alleged victim resisted, tried to push him off, and she couldn’t breathe. The Defendant was charged with Assault with Intent to Rape and two counts of Indecent Assault and Battery. Attorney Gerald J. Noonan filed and argued a Motion to Dismiss the Assault with Intent to Rape charge on the grounds that there was insufficient evidence to support that charge based upon all the discovery that the Commonwealth provided and the evidence that the Commonwealth intended to present at trial. The judge agreed and dismissed the criminal complaint charging the Defendant with Assault with Intent to Rape. The Commonwealth was forced to proceed on the remaining two counts of Indecent Assault and Battery.
Result: Attorney Gerald J. Noonan gets Assault with Intent to Rape charge dismissed against juvenile. “School assault prompts probe.”
Commonwealth v. M.S. – Brockton Superior Court
POSSESSION w/ INTENT DISTRIBUTE: NOT GUILTY
SCHOOL ZONE VIOLATION: NOT GUILTY
Brockton Police Officers were assigned to foot patrol in the area of Legion Parkway in Brockton, which is a high-crime area. While on foot patrol, an informant told officers that a tall black male was dealing crack out of a white SUV in front of the Alamo Bar. The officers went to the Alamo Bar and inquired within as to owner of the white SUV. They received no response from the patrons inside the bar. One of the officers was approached by the bartender who stated that Michael Shelby is dealing crack and has made numerous trips to the bathroom to conduct drug sales. The officer recognized the name Michael Shelby and knew him to be a large black male. The officers then observed the Defendant walking westerly on the sidewalk and they followed him. The officers observed the Defendant discard some papers (Lottery tickets) on the sidewalk. Observing this violation of a city ordinance (littering), the officer called out to the Defendant, “Shelby, stop.” Defendant did not stop but walked quickly for approximately 20-25’ and he entered a convenient store abruptly. One officer observed the Defendant discard something in the trash container inside the convenient store. The officer approached the trash container and observed what appeared to be crack cocaine. The officer spoke with the clerk who confirmed that the person who just left had thrown something in the trash. Meanwhile, the other officer confronted the Defendant on the sidewalk. Officers arrested the Defendant and found two cell phones and $1,430 in cash. Attorney Gerald J. Noonan argued a Motion to Suppress the Evidence seized from his client (cell phones and cash) on the grounds that the Brockton Police relied upon a littering violation as a pretext to disguise their real reason for stopping the Defendant. The Motion was denied by Judge Jeffrey Locke but defense counsel elicited valuable testimony for the subsequent trial. At the trial, Attorney Gerald J. Noonan attacked the credibility of the police officers. Specifically, Attorney Noonan challenged the testimony of the officer that he observed the Defendant discard something in the trash can inside the convenient store, which provided the basis for arresting the Defendant. Attorney Noonan pointed out that the officer was in no position to have made that observation. The officer was approximately 40-feet away from the convenient store when he supposedly observed the Defendant (through a glass door at approximately 7:00 at night) turn immediately to the right, bend over, and discard something into the trash container. When the Defendant had previously discarded the lottery ticket on the sidewalk, this same officer that he did not know where the paper landed. Having thoroughly attacked the credibility of the police officer, Attorney Noonan obtained not guilty verdicts on all charges.
Result: Attorney Gerald J. Noonan gets Not Guilty verdicts on felony drug charges with mandatory jail sentence.
Commonwealth v. W.C. – Middlesex Superior Court
HOME INVASION: DISMISSED
Defendant, and three other accomplices, was indicted for Home Invasion, Breaking & Entering (Person in Fear), Kidnapping, Assault & Battery, and Larceny from Building stemming from a daytime house break into a residence in Medford. Police were dispatched to a residence for a report of a home invasion. The alleged victim stated that one white female and three black males came into the home through the front door. He was thrown to the ground and beaten. He was punched in the face and head multiple times. He was choked to the point of almost losing consciousness. His hands were tied with an electrical cord. The invaders demanded to know where the money was. A written statement from one of the accomplices stated that the Defendant participated in the house break and was present inside the house during the invasion. Attorney Gerald J. Noonan filed a Motion to Dismiss the Home Invasion Indictment on the grounds that the Commonwealth failed to present sufficient evidence that the defendant was armed with a dangerous weapon prior to entry or that he knew of the existence of a dangerous weapon at the time of allegedly entering the house. An element of the offense requires proof that the defendant was armed with a dangerous weapon at the time of entry into a dwelling house. Commonwealth v. Ruiz, 426 Mass. 391 (1998). Judge agreed with Attorney Noonan that omission of proof on this element required dismissal of the Home Invasion indictment.
Result: Attorney Gerald J. Noonan gets Home Invasions indictment dismissed, which carries up to 20 years in state prison.
Commonwealth v. John Doe – Brockton Juvenile Court
INTENT TO DISTRIBUTE IN SCHOOL ZONE: AMENDED TO SIMPLE POSSESSION
DRUGS WITHIN SCHOOL ZONE: DISMISSED
INTENT TO DISTRIBUTE: DISMISSED
School officials received a tip from an anonymous person that the Defendant was seen smoking and passing around marijuana on school grounds. The Defendant voluntarily handed over to school official’s four individual bags of marijuana. A search of the Defendant’s school locker revealed three plastic bottles with burned holes and drug residue and a burnt joint.
Result: Attorney Gerald J. Noonan gets felony drug charges with mandatory jail sentence dismissed against juvenile.
Commonwealth v. R.L. – Taunton District Court
MALICIOUS DESTRUCTION of PROPERTY: DISMISSED
MALICIOUS DESTRUCTION of PROPERTY: DISMISSED
MALICIOUS DESTRUCTION of PROPERTY: DISMISSED
Defendant was alleged to have caused damage to the alleged victim’s motor vehicle on three separate occasions. On one occasion, Defendant was alleged to have lit the cover of the Defendant’s motor vehicle on fire. On the second occasion, Defendant was alleged to have dumped a pan of fried linguisa and onions on the motor vehicle. On the third occasion, the Defendant was alleged to have burned holes on the roof of the convertible. The total amount of all the damage was estimated to be in excess of $5,000. Attorney Gerald J. Noonan filed a Motion to Dismiss, which was allowed on October 10, 2006.
Result: Attorney Gerald J. Noonan’s Motion to Dismiss was allowed and three felonies charges are dismissed.
Commonwealth v. D.S. – Brockton District Court
ASSAULT & BATTERY: DISMISSED
WITNESS INTIMIDATION: DISMISSED
Brockton police were dispatched to the Good Samaritan Hospital for a domestic violence call. Upon arrival, the alleged victim reported to the police that the Defendant had grabbed her arm leaving bruises and finger imprints on her bicep and triceps areas. The Defendant continued arguing with the alleged victim throughout the home. The Defendant pushed the alleged victim into the closet door. Police observed damage to the closet door, which had been knocked off its tracks. The argument escalated into the basement where the defendant pushed the alleged victim over an end-table. Police photographs the injuries to the alleged victim, which included bruises and lacerations to the arms, neck, chest, and back. The alleged victim tried calling the police but the Defendant took the phone away and destroyed it. It took the alleged victim approximately 30 minutes to get away from the Defendant in order to contact the police.
Result: Attorney Gerald J. Noonan gets serious domestic violence charges dismissed.
Commonwealth v. M.L.
RAPE OF CHILD: DISMISSED
INDECENT ASSAULT & BATTERY: DISMISSED
The alleged victim, age 16, disclosed to her school that she had been sexually and physically abused by her step-father (Defendant) when she was younger starting when she was six years-old. The Defendant had been in the alleged victim life since she was five years-old. The alleged victim told the District Attorney’s Office that when she was 11 years-old the Defendant hit her in the face with his fist causing her lip to split open and that her mother and brother witnessed it. She stated that the Defendant drinks a lot of alcohol. She described an incident occurring a month before the interview in which the Defendant threatened to kill her. She stated that her brother was also physically abused by the Defendant and she observed bruises to her brother when the Defendant hit him. She stated that when she was 9 years-old the Defendant would wake her up in the morning when her mother had went to work and he sexually abused her by rubbing his hands and penis all over her body, including her chest and private parts. She stated that the Defendant would touch the inside and outside of her vagina with his penis and hands. She stated that the Defendant sexually abused her in this manner approximately 3-4 times a week over the span of a few months. On one occasion, Defendant caused her vagina to bleed. She stated that she did not disclose the abuse because the Defendant had threatened to kill her if she told anyone. Police interviewed the alleged victim’s mother who stated that she didn’t believe the alleged victim’s allegations. The mother stated that the alleged victim never disclosed anything to her about being sexually abused. The mother stated that the alleged victim is very destructive and gets into a lot of trouble. Police interviewed the Defendant who emphatically denied all the allegations.
Attorney Noonan filed a Motion for a Bill of Particulars because the alleged victim waited approximately eight years to make this disclosure and the time frame of the alleged offenses was extremely vague. In addition, Attorney Noonan moved to dismiss the criminal complaints because the alleged victim failed to appear at the probable cause hearing and testify under oath concerning these allegations. The Court allowed the bill of particulars but declined action on dismissing the complaints. The court did, however, order the Commonwealth to advise defense counsel (by the next court date) whether the alleged victim would be testifying. On October 19, 2005, Attorney Gerald J. Noonan argued a Motion to Dismiss the criminal complaints arguing that the Commonwealth failed to advise him as to whether the alleged victim intended to testify and failed to provide him with a bill of particulars pursuant to the court’s order.
Result: On October 19, 2005, Rape and sexual assault charges are dismissed.
Commonwealth v. G.M. – Brockton District Court
ASSAULT & BATTERY: DISMISSED
The alleged victim reported to West Bridgewater Police that she had been over her mother’s house when her brother became verbally abusive toward her and physically picked her up and threw her against a wall causing her to sustain bruises on her body. In a prior incident, the Defendant had assaulted his mother and sister; breaking his mother’s toe and causing bruises to his sister’s back. The incident resulted in a violent struggle between police and the Defendant. Police interviewed two witnesses at the home during the assault.
Result: Attorney Gerald J. Noonan gets domestic violence charge dismissed.
Commonwealth v. J.G. – Brockton District Court
BREAKING & ENTERING FOR FELONY: DISMISSED
MALICIOUS DESTRUCTION OF PROPERTY: DISMISSED
Brockton Police were dispatched for a breaking and entering in progress. The caller reported that the suspect was throwing rocks at the windows and trying to break down the door. The caller gave a description and identified the suspect as being the Defendant who fled the scene and was later apprehended by police. Officers observed extensive damage to the home. The windows to the home were broken, the exterior door was broken, and the interior door was broken. Witnesses stated that the Defendant was attempting to break into the home to see whether his wife was having an affair with another man.
Result: Attorney Gerald J. Noonan gets felony charges dismissed.