2019

FELONY DRUG CHARGE AGAINST DEFENDANT WHO WAS A PASSENGER IN A CAR WITH 15 POUNDS OF MARIJUANA AND $68,000 IN CASH IS REDUCED TO MISDEMEANOR OFFENSE OF SIMPLE POSSESSION AND WILL BE DISMISSED AFTER 6 MONTHS OF PROBATION WITH NO CONVICTION

In August of 2017, Brockton Police pulled a vehicle over for not having an inspection sticker. The vehicle had three occupants: the operator, a front seat passenger, and a backseat passenger. As officers approached the vehicle, they claimed to have seen silhouettes of the occupants moving their upper torsos from side to side and looking back at the officers. Upon approaching the vehicle, police observed a marijuana blunt burning in the ashtray. Police observed a backpack on the floor behind the driver’s seat. The officer asked if the backpack contained any weapons, whereupon the operator was alleged to have suddenly turned around to retrieve the backpack, causing officers to supposedly fear for their safety. Under the guise of fearing for their safety, officers ordered all three occupants to exit the vehicle. Inside the backpack, officers found 362 grams of marijuana. Officers searched the trunk and found 15 bags of marijuana totaling 15 pounds. Finally, officers found over $68,000 in cash in the vehicle. All three defendants were charged with Possession with Intent to Distribute Class D-Marijuana (G.L. c. 94C, 32C) and Conspiracy to Violate the Drug Laws (G.L. c. 94C, §40).

Result: The three defendants filed a Motion to Suppress the evidence (i.e., the marijuana) arguing, among other things, that the evidence was obtained as a result of an unlawful search and seizure. The hearing on the Motion to Suppress had been scheduled five times. The fifth time that the Motion to Suppress had been scheduled, the Commonwealth offered to reduce the Defendant’s felony charge to the misdemeanor offense of simple possession of marijuana and to dismiss the case after six-months of unsupervised probation. If the Defendant stays out of trouble for six months, the case will be dismissed resulting in no conviction.

FELONY ASSAULT CHARGE STEMMING FROM A BRAWL AT THE TAMBOO RESTAURANT IN BROCKTON DISMISSED AGAINST IMMIGRANT MAN FACING DEPORTATION AFTER NOONAN DEFENSE TEAM PRESENTS EVIDENCE THAT THE ALLEGED VICTIM AND HER GROUP STARTED THE FIGHT, MADE THREATS, THREW GLASSES, AND INJURED TWO PEOPLE IN THE DEFENDANT’S PARTY

Defendant, a Brockton man, with no criminal record, is a hospital worker at Newton Wellesley Hospital. On October 14, 2018, Defendant and his family went to church to celebrate the baptism of his twin babies. After the baptism, Defendant’s family booked a room at the Tamboo Restaurant in Brockton to celebrate the baptism. Inside the Tamboo, there was a dispute with another group who had booked the same room for a fashion show. There was an argument between the Defendant’s group and the Fashion Group, which culminated in a brawl between the two parties. It was alleged that the Defendant picked up a chair, threw it, and the chair struck the alleged victim in the foot. The alleged victim was taken to the hospital for the injuries to her foot. Defendant was charged with Assault and Battery with a Dangerous Weapon (G.L. c. 265, §15A). Because the Defendant was not an American citizen, he was facing deportation if he was convicted.

Result: Prior to trial, the Noonan Defense Team provided the Commonwealth with the following evidence: Someone in the alleged victim’s group threw a glass, which almost struck one of the Defendant’s babies and a 10 year-old child. Someone in the alleged victim’s group threw a punch at the Defendant’s fiancé, as the fiancé was holding one of the Defendant’s babies. The alleged victim’s group charged over at the Defendant’s group and knocked over the Defendant’s 71 year-old future mother-in-law, which resulted in injuries to the mother-in-law. One member of the alleged victim’s group punched a woman in the Defendant’s group in the face, knocked her to the ground, whereupon other members of the alleged victim’s group proceeded to attack this woman, injuring her to the point where she had to be taken to the emergency room. One member of the alleged victim’s group threatened the Defendant’s group with a pair of scissors. During this altercation, the alleged victim’s group was making threats to cause bodily harm to the Defendant’s group. The Noonan Defense Team interviewed the manager of the restaurant who witnessed the brawl. The manager told our investigator that he did not see the Defendant throw a chair. The Noonan Defense Team was prepared to call 5 witnesses from the Defendant’s group to testify and was ready to introduce medical records of those from the Defendant’s group who were injured in the brawl, along with a 911 call made by a member of the Defendant’s group who reported that she had been assaulted by the other group. Prior to trial, the prosecutor asked the Judge to have an attorney appointed to represent the alleged victim and to her evaluate her for a potential Fifth Amendment privilege against self-incrimination. The alleged victim exercised her privilege against self-incrimination and the Commonwealth dismissed the case. As a result, the Defendant, a hard-working immigrant, and father of two twin babies, with no criminal record, will not be deported.

Click the Links Below for News Coverage on the Case: 

• “2 injured, 1 arrested in brawl at Tambo in downtown Brockton.”
• “Fight Breaks Out in Brockton Between Baby Shower, Fashion Show Attendees.”

THE NOONAN DEFENSE TEAM CONVINCES THE PROSECUTION TO DROP CHARGES OF HUMAN TRAFFICKING, KIDNAPPING, ASSAULT & BATTERY, AND STRANGULATION AGAINST EVERETT MAN FACING POTENTIAL LIFE SENTENCE

Defendant was indicted by a Middlesex Grand Jury on the charges of: Trafficking of a Person under 18 for Sexual Servitude, (G.L. c. 265, § 50), Kidnapping (G.L. c. 265, § 26), multiple counts of Strangulation or Suffocation (G.L. c. 265, § 15D), and multiple counts of Assault and Battery (G.L. c. 265, § 13A). The Sex Trafficking charge carries a maximum sentence of life in prison and a minimum mandatory sentence of 5 years in State Prison. If convicted on all charges, the Defendant was facing a serious prison sentence.

Defendant was a 21 year-old man, with no criminal record, who lived with his parents and three siblings in Everett and he worked as a grocery delivery driver. He was in a dating relationship with the alleged victim (“A.V.”) who was 17 years-old at the time they met. In November 5, 2018, A.V. reported to police that she had been beaten by the Defendant on 11.01.18. Police photographed injuries to her face, neck, arms, and body. A.V. told police that the Defendant kidnapped her on 11.01.18 in his vehicle and he put on the child safety locks so he couldn’t escape. She claimed that the Defendant, and his friend, drove to an area where the Defendant choked her and beat her. After the alleged kidnapping, A.V. got out of the Defendant’s car and walked to her apartment in Medford.

A.V. went on to state that the Defendant force her into prostitution. She claimed that the Defendant created an online dating profile for her and forced her to go out of dates with men, have sex with men for money, and to rob the men. She went on to describe a history of the Defendant physically abusing, choking, and beating her.

Result: Attorney Patrick J. Noonan immediately began a thorough investigation and his Defense Team discovered exculpatory evidence which was used to convince the prosecution to drop the case. Attorney Patrick J. Noonan discovered that A.V. committed perjury and lied under oath when she falsely claimed that was pregnant at the time the Defendant had allegedly beaten her. She claimed that she lost the baby as a result of the Defendant’s assault. The Defense Team found that A.V. was never pregnant. Because of this huge lie, A.V. had a Fifth Amendment issue if she were to testify at trial, which meant that: if A.V. testified at trial, she would incriminate herself by admitting that she lied about being pregnant. A.V. exercised her Fifth Amendment privilege and elected not to testify at trial. Without A.V.’s testimony, the Commonwealth had to drop the charges. The Defense Team discovered other evidence favorable to the defense. The Defense Team discovered that A.V.’s apartment building had video cameras, which would have shown A.V. returning home after she was allegedly kidnapped and beaten by the Defendant. The Defense believed that the video would have shown A.V. walking to her apartment with no signs that she had been kidnapped or beaten. We discovered that this video existed but the Commonwealth failed to obtain it. Next, A.V. had to provide her cell phone to police. The prosecution provided the Defense with an Extraction Report of the date on A.V.’s phone. However, A.V. deleted a substantial amount of data from her phone prior to handing it over to police. The Defense Team had an expert who was prepared to recover all the content that A.V. had deleted from her phone. Next, the Defense Team consulted with an expert medical doctor who reviewed the photographs of the injuries to A.V.’s face. The expert was of the opinion that the markings to A.V.’s face were not consistent with her account that the Defendant had punched her repeatedly in the face. If the Defendant repeated punched A.V. in the face, there would be obvious signs of swelling but there was no swelling. The photos of the face did not have the appearance of trauma inflicted injuries. The photos of the face and eyes showed skin discoloration, which could have been from simple skin irritation, not trauma. Next, the Defense Team filed a motion seeking a court order of A.V.’s online dating profile, as the Defense Team believed that the records would show that A.V. was already using this online dating service prior to even meeting the Defendant. Lastly, the Defense Team presented evidence that A.V. had a motive to falsely accuse the Defendant. Defendant had broken up with A.V. and blocked her from every source, such as cell phone and social media. A.V. couldn’t accept the fact that the Defendant had broken up with her. A.V. contacted the Defendant and threatened to commit suicide if the Defendant did not answer her calls or take her back as his girlfriend. A.V. was so desperate to remain in a relationship with the Defendant that she lied about being pregnant. The Defense obtained a text message that A.V.’s mother sent to the Defendant’s mother, which A.V.’s mother sent prior to A.V. calling the police. In the text, A.V.’s mother states that they will not go to the police if the Defendant makes up with A.V. and takes her back. Based on all the evidence obtained as a result of the Noonan Defense Team’s investigation, the prosecution dropped all charges.

DISTRICT ATTORNEY SEEKS TO JAIL THE DEFENDANT FOR 60 DAYS FOR VIOLATING CONDITIONS OF HIS RELEASE BUT ATTORNEY PATRICK J. NOONAN PRESENTS EVIDENCE THAT THE VIOLATIONS WERE TRIGGERED BY ERRORS IN PAPERWORK

Defendant was arraigned in the Brockton Superior Court on charges of Trafficking in Cocaine (G.L. c. 94C, §32E(b)), Possession with Intent to Distribute Class D-Marijuana (G.L. c. 94C, §32C), and Possession with Intent to Distribute Class B-Oxycodone). He was released on a $10,000 cash bail with the following conditions: GPS monitoring with a curfew of 7:00 a.m. to 8:00 p.m. The Commonwealth sought to jail the Defendant for 60 days for violating his curfew on four separate occasions by not returning home by 8:00 p.m. Defendant was arrested on a warrant and contacted Attorney Patrick J. Noonan.

Result: Attorney Patrick J. Noonan reviewed all the paperwork and records and he discovered that the GPS Company was wrongly reporting violations due to errors and miscommunications. Whenever the Defendant violated curfew, the GPS Company would send a notification to probation that there was a violation. Defendant’s original curfew ended at 8:00 p.m. but Attorney Noonan found that the curfew was extended to 9:00 p.m. but the new curfew time was not reported to the GPS Company. Each time the Defendant returned home after 8:00 p.m., the GPS Company reported a violation. However, on each occasion, the Defendant arrived home before 9:00 p.m., which was not a violation. Attorney Noonan brought the error to the Judge’s attention. The Judge did not find the Defendant in violation and the Defendant was released from jail.

LARCENY CHARGE FOR SHOPLIFTING FROM THE SAME STORE ON AT LEAST 6 OCCASIONS WILL BE DISMISSED IN ONE-YEAR, SO LONG AS THE DEFENDANT STAYS OUT OF TROUBLE, RESULTING IN NO CONVICTION OR ADMISSION TO ANY WRONGDOING

Burlington Police were dispatched to the Chico’s department store in the Burlington Mall for a past theft. The Manager of the store reported that a former employee was shoplifting from the store when she was working there. The manager stated that the former employee and her sister (the defendant) had shoplifted from the store on at least 6 occasions. The manager provided police with receipts totaling $683 of stolen merchandise. The manager believes that they shoplifted much more but he only had evidence of the 6 thefts. Police obtained store surveillance video footage showing the defendant and her sister taking items from the store without paying for them.

Result: Attorney Gerald J. Noonan persuades the District Attorney’s Office and the Department Store to accept his proposal of Pretrial Probation for a period of one year with conditions to pay restitution and stay away from the store. The client has already paid the restitution. So long as the client stays out of trouble and stays away from the store, the case will be dismissed. Her criminal record will reflect that the charge was dismissed, there was no conviction, and she did not admit to any wrongdoing.