2015
Commonwealth v. J.C. – Lynn District Court
ASSAULT & BATTERY: RELEASED FROM CUSTODY
DISORDERLY CONDUCT: RELEASED FROM CUSTODY
RESISTING ARREST: RELEASED FROM CUSTODY
THREATS TO COMMIT ARSON: RELEASED FROM CUSTODY
STALKING: RELEASED FROM CUSTODY
The Commonwealth sought to hold the Defendant in custody for 120 days or until trial due to the seriousness of the allegations that he attempted to burn down his ex-girlfriend’s house with gasoline until police intervened to physically stop him. After a Dangerousness Hearing, Defendant was released from custody. Upon a finding of dangerousness and a finding that no conditions of release would ensure the public safety, the Defendant would be held in the House of Correction for 120 days under the new domestic violence statute. Attorney Patrick J. Noonan represented the client at the Dangerousness Hearing and thoroughly impeached and discredited the testimony of the alleged victim-girlfriend.
Result: Attorney Patrick J. Noonan saves his client from serving 120 days in jail.
Commonwealth v. John Doe – Plymouth Juvenile Court
TRESPASS: CWOF (9 months, admin. probation, $734.00 restitution)
VANDALISM: DISMISSED
BREAKING & ENTERING: DISMISSED
POSSESSION OF LIQUOR: DISMISSED
Plymouth Police were dispatched to a vacant residence after receiving a call that a male and female were seen walking up the driveway of the vacant home holding rocks. Police discovered 14 teenagers inside the home, including the Defendant. Police observed severe damage to the home, including trash thrown around, tagging of a red penis inside the front door, dirt in every room, pasta thrown on the kitchen floor, burned pieces of wood in the living room, a swastika painted on the bedroom wall, the words “No Jews Allowed” spray painted on the bedroom wall, testicles painted on the bedroom wall. Police arrested 14 teenagers including the Defendant. The Commonwealth estimated the damage at approximately $50,000.
Result: Attorney Gerald J. Noonan argued that there was insufficient evidence to charge his client as being a joint-venturer in the crimes, as the evidence merely showed that the Defendant was present at the scene of the crime and something more was required.
Commonwealth v. K.T. – Hingham District Court
RECEIVING STOLEN PROPERTY: DISMISSED
LARCENY FALSE PRETENSE: DISMISSED
Client was charged with Receiving Stolen Property over $250, a felony offense, stemming from allegations that she stole three pieces of jewelry from the alleged victim totaling approximately $5,430, including a gold Claddagh ring (valued at $100), a diamond pendant necklace with a gold necklace (valued at $130), a 14K gold diamond anniversary band ring (valued at $2,200), and a 14K gold teardrop solitaire ring (valued at $2,000-$3,000). The client then allegedly pawned the jewelry, claiming to be the rightful owner of the property, and received payment resulting in an additional charge of Larceny by False Pretense.
Result: Attorney Patrick J. Noonan was able to get all criminal charges dismissed outright at the second court date.
Commonwealth v. V.S. – Dedham District Court
INDECENT ASSAULT & BATTERY: REDUCED TO NON-SEXUAL MISDEMEANOR OFFENSE
The alleged victim (age 16) accused the Defendant (her brother-in-law) of sexually abusing her on three different occasions beginning when she was 11 years-old. Prior to trial, the Commonwealth offered to reduce the felony sex offense of Indecent Assault & Battery to a simple misdemeanor Assault & Battery, which is a non-sexual offense. Had the Defendant been convicted of the felony sexual assault, he would have to register as a sexual offender and face the possibility of prison time. Defendant was placed on probation for the simple misdemeanor assault and battery. Defendant was placed on probation for the misdemeanor Assault & Battery. He returned to his home in Texas where he lives with his wife and child.
Result: Commonwealth reduces felony sex offense of Indecent Assault & Battery to a misdemeanor Assault & Battery, which is a non-sexual offense, saving his client possible jail time and having to register as a sex offender.
Commonwealth v. K.J. – Brockton Juvenile Court
BREAKING & ENTERING FOR FELONY: DISMISSED
Police responded to the breaking and entering in progress. Upon arrival to the home, police detained a man walking across the front lawn. The man confessed to breaking into the home to steal $10,000 and stated that he committed the crime with two friends named Kevin and Andrew. A short distance away, police observed two males walking on the sidewalk. They were identified as Kevin and Andrew and were placed under arrest as joint venturers in the house break. In his Motion to Dismiss, Attorney Noonan argued that his client’s mere presence at the crime scene (without any other corroborative evidence of his involvement) was insufficient to charge him as a joint venturer.
Result: After Hearing, Attorney Noonan’s Motion to Dismiss was allowed and the felony B & E charge was dismissed.
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