2016

Commonwealth v. O.M. – Brockton District Court

CHARGES OF ASSAULTING A POLICE OFFICER AND RESISTING ARREST AGAINST U.S. MARINE CORPS RECRUIT TO BE DISMISSED PRIOR TO ARRAIGNMENT IN SIX MONTHS IF CLIENT COMPLETES COUNSELING

Police were called to a bar for a report of a drunk and disorderly patron. When the police arrived, they found the defendant sitting outside, visibly intoxicated. Police placed the defendant in protective custody pursuant to G.L. c. 111B, §8. Defendant resisted when police tried to handcuff him. Defendant was yelling and swearing and causing a scene when officers placed him under arrest. During transport to the police station, Defendant was kicking the backseat of the police cruiser. It took three officers to escort the Defendant to his holding cell. In the holding cell, Defendant attacked one officer severely bruising his arm and the officer was unable to work for several days. Police tried to move the Defendant to another holding cell when he bit another officer on the knee. Police filed three criminal complaints for Disorderly Conduct, Resisting Arrest, and Assault & Battery on a Police Officer. Prior to this incident, client was close to finishing the process of enlisting in the U.S. Marine Corps.

Result: At a Clerk Magistrate Hearing, Attorney Gerald J. Noonan presented compelling evidence on behalf on his client. First, Attorney Noonan presented a letter from the client’s Marine Corps. Recruiter. In the letter, the Recruiter stated that he was aware of the pending charges and would continue with the client’s enlistment should his case resolve favorably. Attorney Noonan had his client write letters of apology to all the police officers. The Clerk-Magistrate accepted Attorney Noonan’s proposal to hold the matter open for six months with the condition that his client undergo treatment with a substance abuse counselor. If the client successfully completes his substance abuse treatment than all criminal charges will be dismissed in six months and, hopefully, the client will be able to enlist in the Marine Corps.

Commonwealth v. S.O. – Dedham District Court

DOMESTIC ASSAULT & BATTERY CHARGE AGAINST ELDERLY, DISABLED MAN DISMISSED BY COMMONWEALTH DURING TRIAL

Client, 72-year-old man, was in a relationship with his girlfriend for 40 years. On one night, the client’s girlfriend called 911 and reported that she was physically assaulted by her boyfriend. She told police that the client had sucker-punched her in the face several times. She alleged that she locked herself in her bedroom after being chased by the client. She claimed that the client was banging on her bedroom door with a 6-foot wooden club. She took out a restraining order in which she alleged that she was afraid that the defendant would beat her to death with the wooden club. Prior to the trial, the girlfriend provided the District Attorney with photos showing scratches and marks to her face, as well as damage to her bedroom door.

Result: Prior to trial, Attorney Patrick J. Noonan discovered that the girlfriend was recently charged with Assault with a Dangerous Weapon stemming from an incident in which she threw hot coffee at two Dunkin Donut employees. The Commonwealth dismissed this charge against the girlfriend. In a prior hearing, Attorney Patrick J. Noonan asked the girlfriend if she threw the hot coffee at the employees and she vehemently denied doing so. At the start of the trial, Attorney Noonan filed a Motion in Limine to admit evidence of the hot coffee incident. Attorney Noonan argued that the girlfriend’s violent actions in throwing the hot coffee at the unsuspecting employees were relevant to show that she was the first aggressor and that she attacked the client. After a hearing, the judge allowed Attorney Noonan’s Motion. Anticipating that the girlfriend would once again deny throwing the hot coffee, Attorney Noonan had a witness ready to testify that he was standing in line and saw her throw the hot coffee at the two employees. The Judge allowed Attorney Noonan to call this witness and have him testify to the hot coffee incident. As we were getting ready to empanel a jury, the girlfriend opted not to take the witness stand and she invoked her Fifth Amendment privilege against self-incrimination. As a result, the Commonwealth had to dismiss the case.

Commonwealth v. I.A. – Brockton District Court

SHOPLIFTING CHARGE AGAINST 32-YEAR-OLD SINGLE MOTHER DISMISSED AT CLERK’S HEARING

Brockton Police were dispatched to Walmart for a report of shoplifting. Police observed surveillance video footage of a suspect (believed to be the defendant) stealing numerous items and leaving the store. Loss Prevention Officers confronted the suspect, as she was leaving the store but the suspect fled in her vehicle. Loss Prevention took down the license plate of the vehicle. The vehicle came back to a Brockton resident. Police questioned and showed the vehicle’s owner a photo of the suspect from the surveillance video. The vehicle’s owner identified the suspect as the Defendant. Loss Prevention Officers reported that the suspect has stolen items in the past.

Result: At the Clerk Magistrate’s Hearing, Attorney Gerald J. Noonan convinced the Clerk-Magistrate to dismiss the criminal complaint. Defendant paid restitution for the stolen items. Defendant is a 32-ear-old single mother with no criminal record. She works full time at an Addiction Treatment Center and attends college at night with hopes of getting a better job in the medical field.

Commonwealth v. David A. – Brockton District Court

OUI-SERIOUS BODILY INJURY: DISMISSED AT TRIAL (lack of evidence)

Defendant was alleged to have caused a major motor vehicle accident resulting in serious injuries to his passenger and himself. Defendant was driving a vehicle on Route 24 South with a female passenger in the front seat. Witnesses told police that they saw the vehicle traveling at a high rate of speed and abruptly swerve into the Burger King rest area and then crash into the rear of a parked 18-wheel tractor-trailer. The vehicle was completely crushed and lodged underneath the rear of the tractor-trailer. Upon arrival, Defendant and the passenger were unconscious and unresponsive. As the Defendant was unconscious in the driver’s seat, police officers detected a strong odor of alcohol coming from him. The Defendant and the female passenger were taken by helicopter to the Rhode Island Hospital. The female passenger remained in the hospital for nearly one month. She sustained serious bodily injuries, including: partial blindness in one eye, head trauma, broken bones (especially in the legs), and internal injuries. Police interviewed the Defendant’s wife who stated that the Defendant had issues with alcohol and cocaine use. Police interviewed the Defendant who admitted to consuming beer prior to the accident.

Result: Attorney Patrick J. Noonan examined a civilian witness who was the first responder. Prior to any police arriving to the scene, this witness went over to the vehicle, looked in, and checked on the status of the Defendant and passenger. This witness attempted to speak to them but received no response. This witness physically went inside the vehicle and physically extricated the female passenger from the vehicle. The witness was unable to extricate the Defendant. During Attorney Noonan’s examination, the witness stated that he did not detect any odor of alcohol inside the vehicle and he did not detect any odor of alcohol coming from the Defendant – which was inconsistent with the reports of police that they detected an odor of alcohol coming from the Defendant, as he lay unconscious in the driver’s seat. The Commonwealth sought to obtain the Defendant’s hospital records from the Rhode Island Hospital. Attorney Patrick J. Noonan objected to the Commonwealth’s request to subpoena the hospital records – but a Brockton District Court Judge issued a court order for the Defendant’s hospital records. In order to lawfully obtain a person’s medical records from the Rhode Island Hospital, the requesting party must comply with the laws of Rhode Island. Here, the Commonwealth obtained a Massachusetts Court Order, but did not comply with Rhode Island law. Attorney Noonan pressed hard for a trial date. On the day of trial, the Commonwealth was unable to obtain the Defendant’s hospital records. The Commonwealth requested a continuance in order to obtain the Defendant’s hospital records. Attorney Patrick J. Noonan objected to the continuance and stated that he was ready for trial. The Commonwealth was unable to proceed without any medical evidence. As a result, the case was dismissed on the trial date. Had the client been convicted, he faced a minimum mandatory jail sentence of six-months and an automatic 2-year loss of license. The Defendant owned and operated a professional truck driving business and his business would have been ruined if he were convicted.

Commonwealth v. A Juvenile

ASSAULT & BATTERY: DISMISSED AT TRIAL (lack of evidence)
WITNESS INTIMIDATION: DISMISSED AT TRIAL (lack of evidence)

Client was a junior in high school. A female student reported to the police that she had been receiving sexually charged and sexually inappropriate text messages from the client. The female students provided the sexually explicit text messages to the police. The client was not charged in connection with the text messages but police informed him that he was the prime suspect. The client denied the allegations and protested, repeatedly, that he did not send the text messages.

The police instructed the client to have no contact with the female student or else he would be charged with Intimidation of a Witness. Several weeks later, the female student reported to the police that the client had been staring at her in school and would strike her with his arm, shoulder, and backpack when passing her in the school hallway. The police officer pulled video footage from the hallway and, based on the officer’s opinion, the video showed the client intentionally striking the female student with his backpack. Based on the physical contact in the hallway, the police charged the Client with Assault & Battery. In addition, the police charged the Client with Witness Intimidation for staring and striking the female in the hallway on several different occasions.

Result: In conducting his pre-trial investigation, Attorney Patrick J. Noonan obtained evidence that another student (not the client) was the person that sent the sexually inappropriate text messages to the female student. Attorney Patrick J. Noonan obtained text messages in which this other student admitted to sending the sexually inappropriate text messages to the female student. In his police report, the officer states that he paused the video on a specific minute and second where the client’s backpack made physical contact with the female’s left shoulder. Attorney Noonan blew up a picture of the minute and second where the officer claims he saw physical contact. In Attorney Noonan’s opinion, the image did not show any physical contact. If there was any contact, it was a slight brush and purely incidental as a result of students navigating their way to class in a crowded, narrow hallway. Attorney Patrick J. Noonan extracted and developed large photographs breaking down the sequence and movements of the client and the female student in the hallway. These images showed that the female student displayed absolutely no physical or emotional reaction in response to the so-called contact. On the day of trial, the District Attorney moved to dismiss the criminal complaints due to the mountain of evidence showing that the client did not commit any criminal offenses.

Commonwealth v. T.B. – Commonwealth v. A.P.

MINOR POSSESSING ALCOHOL: DISMISSED PRIOR TO ARRAIGNMENT

Client #1 (19 years old) and Client #2 (18 years old) were pulled over for driving without any headlights. The officer observed alcohol scattered throughout the interior of the vehicle including: an open and empty 30 pack of beer, two full 12 pack of beer, an empty cup containing alcohol residue, and empty 12 oz. can under the passenger seat. Although the driver (Client #1) emitted an odor of alcohol from his breath, he passed all field sobriety tests. The passenger (Client #2) was clearly intoxicated. Due to their signs of intoxication and the large quantity of alcohol found in the vehicle, both clients were placed under arrest and charging with being minors in possession of alcohol.

Result: Attorney Gerald J. Noonan entered into an agreement with the District Attorney’s whereby the clients’ cases would be dismissed prior to arraignment, so long as they completed community service. On 07/07/16, both criminal cases against both clients were dismissed prior to arraignment. The clients’ were freshmen in college and had no prior criminal records. With this outcome, no criminal charges will appear on the clients’ criminal records.

Commonwealth v. B.H. – New Bedford District Court

ASSAULT & BATTERY: DISMISSED / RELEASED FROM JAIL
A & B with DANGEROUS WEAPON: DISMISSED / RELEASED FROM JAIL
DESTRUCTION OF PROPERTY: DISMISSED / RELEASED FROM JAIL

Defendant’s girlfriend called 911 to report that she had been assaulted by the Defendant and she was bleeding. The girlfriend told police that the Defendant started a verbal argument and he pushed her into a fish-tank causing the glass from the fish-tank to shatter. The girlfriend told police that pieces of the shattered glass were lodged in her body. She attempted to call 911 but the Defendant threw her cell phone to the ground and fled the apartment. Police observed the Defendant running in the area and they arrested him. Defendant was charged with Assault & Battery, Assault & Battery with a Dangerous Weapon, and Malicious Destruction of Property. Defendant was arraigned on these charges and released on personal recognizance.

While his case was pending, Defendant was arrested and charged with Assault & Battery (subsequent offense) and Malicious Destruction of Property stemming from a completely separate incident with his family. Police were dispatched to the residence of the Defendant’s parents for an Assault & Battery. Upon arrival, Defendant’s brother told police that the Defendant had punched him in the face. Police observed redness and swelling to the brother’s face. Defendant’s mother told police that the Defendant attacked her by grabbing her hair and attempting to push her down. Defendant’s father told police that the Defendant wrestled him to the ground. Police observed that the father had redness to his back and neck. The new offenses were eventually dismissed for lack of prosecution.

Because the Defendant committed these new offenses while his previous case was pending, the Commonwealth moved to revoke the Defendant’s bail. On 04/20/16, the Court revoked the Defendant’s bail and the Defendant was placed in custody. Defendant was facing 90 days in the house of correction because his bail was revoked by virtue of the new offenses.

Result: Defendant retained Attorney Gerald J. Noonan while he was in custody at the house of correction. Immediately, Attorney Gerald J. Noonan marked the original case for trial. Attorney Gerald J. Noonan obtained exculpatory text messages sent to the Defendant’s cell phone by his ex-girlfriend, the alleged victim – as well as exculpatory voice mails left on the Defendant’s cell phone by the alleged victim. Attorney Gerald J. Noonan located a witness who had been in a relationship with the alleged victim. This witness was willing to testify that the alleged victim had made threats to falsely accuse of him of crimes if she didn’t receive certain things in return from the witness. That is, if the witness did not comply with her demands, she would call the police and falsely accuse him of a crime. This was precisely the situation in the Defendant’s case. In the Defendant’s case, the alleged victim called 911 and falsely accused the Defendant of these crimes because the Defendant was unwilling to give in to the alleged victim’s demands. The evidence obtained by Attorney Gerald J. Noonan presented Fifth Amendment issues for the alleged victim because she would have incriminated herself when testifying against the Defendant at trial. On the day of trial, all criminal charges were dismissed and the Defendant was released from custody.

Commonwealth v. M.M. – Brockton District Court

STABBING CASE: DISMISSED AT TRIAL

Brockton Police were dispatched to the emergency room at the Good Samaritan Hospital for a report of a patient-victim who had been stabbed. Upon arrival, police spoke to the alleged victim. The alleged victim stated that he attended a family party at a residence in Brockton. The alleged victim and members of the party were hanging out in the street outside the party. The alleged victim reported that he saw a few guys fighting in the street and he went over to break it up. One of the male parties involved in the fight confronted the alleged victim and threatened him. The male party left the scene. Minutes later, the male party returned to the scene and again confronted the alleged victim by getting in his face. The male party then stabbed the alleged victim and fled the scene. The alleged victim gave a physical description of the male suspect who stabbed him. Police spoke to a witness of the stabbing who happened to be a friend of the alleged victim. The witness told police that he witnessed the male party stab the alleged victim. The witness told police that the suspect was the Defendant. The witness knew the Defendant because the Defendant lived down the street from the witness. The witness provided police with the suspect’s name and address. Police went to the Defendant’s residence where they observed people in the street arguing about the stabbing. Police observed that the Defendant matched the description given to police by the alleged victim. After briefly speaking with the Defendant, police placed him under arrest for Assault and Battery with a Dangerous Weapon to wit: knife.

Result: Attorney Patrick J. Noonan prepared the case for trial. Attorney Patrick J. Noonan asserted that the Defendant acted in self-defense. The Defendant told police that he had been jumped by five guys. The Defendant showed police bruises and abrasions that he sustained to his back, which were consistent with the Defendant being the victim of an attack. Attorney Patrick J. Noonan subpoenaed the emergency physician who treated the alleged victim. Attorney Patrick J. Noonan was prepared to present medical evidence showing that the alleged victim’s injuries were not consistent with the accounts given by the alleged victim and the witness. In addition, Attorney Patrick J. Noonan was prepared to present medical evidence showing that the alleged victim’s injuries were not consistent with a deliberate stabbing based upon the depth, size, and nature of the stab wound. Attorney Patrick J. Noonan also subpoenaed the emergency room nurse. Attorney Patrick J. Noonan was prepared to introduce evidence that the emergency room nurse called Brockton Police because the alleged victim and his friends were being loud and causing a disturbance in the waiting area. Specifically, the emergency room nurse heard the alleged victim and his crew talk about “strapping up” and going out to get the Defendant. This evidence tended to show that the alleged victim and his crew were the aggressors in the conflict and they were acting violent. The first time the case was scheduled for trial, the Commonwealth requested a continuance over the Defendant’s objection. On the second trial date, the criminal charge was dismissed.

Commonwealth v. R.S. – Fall River District Court

DANGEROUSNESS HEARING: RELEASED FROM CUSTODY

Fall River Police were dispatched to the scene of a motor vehicle crash involving two vehicles. Officers observed front-end damage to the Defendant’s vehicle. Officers observed rear-end damage to the second vehicle. The operator of the second vehicle told police that he pulled over to the right-hand side of the road to take a phone call when he was rear-ended by the Defendant’s vehicle. The other operator had to assist the Defendant from his vehicle. The other operator told police that he believed the Defendant to be intoxicated. Upon speaking with the Defendant, police immediately observed a strong odor of alcohol, glazed eyes, and slurred speech. Defendant agreed to participate in field sobriety tests. Defendant failed all the field sobriety tests. Defendant was placed under arrest for OUI-Liquor, Negligent Operation, and Marked Lanes Violation. During booking, police discovered that the Defendant had three prior convictions for OUI-Liquor with the most recent conviction being in 2015. Defendant was arraigned on the charge of OUI-Liquor Subsequent Offense. Because this was the Defendant’s fourth offense for OUI-Liquor, the Commonwealth moved to have the Defendant held in custody during the pendency of his case under the Dangerousness Statute. The Commonwealth argued that: based upon the nature of the offense and the Defendant’s criminal history, no conditions of release would reasonably assure the safety of the community. If successful, the Defendant could be held in custody for up to 180 days.

Result: At the conclusion of the dangerousness hearing, Attorney Gerald J. Noonan was successful in persuading the court to release the Defendant from custody. Attorney Gerald J. Noonan argued that there were conditions that the court could impose that would reasonably assure the safety of the community. Attorney Gerald J. Noonan advocated that the court impose certain strict conditions that would reasonably assure the safety of the community. The Judge adopted Attorney Noonan’s recommendation and released the Defendant upon certain strict conditions. As a result, Attorney Gerald J. Noonan saved his client from serving considerable jail time (up to 180 days), as his case was pending.

Commonwealth v. Allen Costa – Docket No.: 1658 CR 0507

OPEN & GROSS: DISMISSED upon MOTION
OPEN & GROSS: DISMISSED upon MOTION

A woman approached Hanover Police Officers at Forge Pond Park and reported two incidents where she observed a man walking on the trail and the man was naked from the waist down. The woman provided police with a physical description of the male suspect. The police placed a trail camera in the area where the witness reported seeing the male naked from the waist down. According to the police report, the camera showed a male party (matching the witness’s description) walking on the trail wearing no pants on two separate occasions on 03/28/16 and 03/30/16. Subsequently, police conducted a stakeout where they hid in the woods in the area where the male party was seen walking naked from the waist down. According to the police report, one officer observed a male party (later identified as the defendant) walking on the trail wearing no pants or underwear with his penis and testicles completely exposed and the male suspect was swinging his penis side to side with his right hand. The officers emerged from the woods and arrested the Defendant at gun point. At the police station, officers showed the defendant two pictures from the trail camera and the defendant acknowledged that he was the person depicted in the photos. The police charged the defendant with 3 counts of Open and Gross Lewdness. Two of the charges stemmed from the two separate occasions where the trail camera showed the defendant naked from the waist down on 03/28/16 and 03/30/16.

Result: Attorney Patrick J. Noonan filed a Motion to Dismiss the two counts that were based on the camera footage of 03/28/16 and 03/30/16. Attorney Noonan argued that the offense of Open and Gross Lewdness requires that the defendant “expose his genitals to one or more persons” and the law requires that the illegal conduct occur “in the presence of another person.” Attorney Noonan argued that the two charges should be dismissed because there were no human being(s) present to observe the illegal conduct. Attorney Noonan argued that the only witness to the alleged offenses on 03/28/16 and 03/30/16 was the trail camera (an inanimate object) and not a human being. The Judge agreed with Attorney Noonan’s argument and dismissed the two counts that were based on the camera footage.

Patrick Noonan Defends Man Caught Jogging Without Pants (Fox 25 News Video)