Commonwealth v. K.H. – Plymouth District Court

OPERATING UNDER THE INFLUENCE: DISMISSED

On October 23, 2008, Defendant was involved in a motor vehicle accident in which his vehicle struck a telephone pole and he was taken by ambulance to the emergency room. Defendant was not placed under arrest or charged with a crime. On January 14, 2009, a criminal complaint issued against the Defendant for OUI-Liquor. On December 17, 2009, Attorney Gerald J. Noonan argued a Motion to Dismiss the criminal complaints because his client was denied the opportunity to appear at a clerk-magistrate’s hearing and to challenge the probable cause needed to charge him with the offense. Attorney Noonan argued that the police report contained insufficient probable cause that the defendant was under the influence.

Result: Attorney Gerald J. Noonan’s Motion to Dismiss was allowed and the criminal complaint was dismissed. The Commonwealth decided not to pursue the charges after the criminal complaint was dismissed.

Commonwealth v. K.A. – Taunton District Court

MALICIOUS DESTRUCTION OF PROPERTY: DISMISSED
TAGGING PROPERTY: DISMISSED

Defendant, a high school student with no prior criminal record, was charged with Malicious Destruction of Property and Tagging Property in connection with a string of incidents reported to Easton Police that many properties had been broken into, trespassed, and marked with graffiti and spray paint. Police interviewed the defendant who confessed to tagging all the properties. Attorney Gerald J. Noonan presented evidence to the District Attorney’s Office that his client was a young man with no criminal record. He was outstanding student in high school and had been applying to colleges. Attorney Noonan presented the prosecutor with letters from his client’s teachers showing that he was a good student and a good kid. Attorney Noonan had his client pay restitution to the property owner for the damage caused to his property.

Result: After extensive negotiations with the District Attorney’s Office, Attorney Gerald J. Noonan gets all property damage crimes dismissed against his high school client with no criminal record.

Commonwealth v. B.G. – West Roxbury District Court

ASSAULT & BATTERY: DISMISSED

Defendant was charged with Assault & Battery stemming from an incident in which police responded to a 911 call and upon arrival the alleged victim (defendant’s girlfriend) alleged that the defendant struck her. Attorney Gerald J. Noonan marked the case for trial. At the trial, the alleged victim invoked her Fifth Amendment privilege against self-incrimination. Had the alleged victim testified at trial, her answers with regards to the alleged incident would tend to incriminate her. After invoking her Fifth Amendment privilege, Attorney Gerald J. Noonan filed a Motion to Dismiss arguing that the Commonwealth did not have sufficient evidence to proceed to trial absent the testimony of the alleged victim. Attorney Noonan’s Motion to Dismiss was allowed and the criminal complaint was dismissed.

Result: Attorney Gerald J. Noonan gets Assault & Battery charge against military man dismissed outright at trial.

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.