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.

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.