Clerk’s Hearings
Commonwealth v. J.W. – New Bedford District Court
THREATS TO COMMIT ASSAULT & BATTERY: DISMISSED
ASSAULT & BATTERY: DISMISSED
Alleged Victim #1 is the mother of the Defendant’s child. She told police that the Defendant that the Defendant came over to pick his son for a visit and instigated a fight with her husband and threatened to kick his ass. The husband (Alleged Victim #2) stated that the Defendant jumped out of his truck, threw his coat on the ground, and began shouting expletives at him. The Defendant also threatened to “light him up” and goaded him by saying, “Make my day.” Defendant refused the leave the property until they called the police. Later in the day, the alleged victim and her husband went to the Defendant’s house to pick up the son. She stated that the Defendant attacked her husband in the driveway by grabbing him, putting him over the trunk of the car, and repeatedly struck him in the face until the Defendant’s mother pulled him off. Police observed fresh scratches and red marks to the face of the husband, Alleged Victim #2. Police observed that Alleged Victim #2’s clothing was disheveled. Alleged Victim #2 stated that the Defendant grabbed him by the face and threw him into his car and assaulted him until the Defendant’s mother pulled him off. Alleged Victim #1 obtained an emergency restraining stating that there has been a history of threatening behavior by the Defendant. At a clerk-magistrate hearing, Attorney Gerald J. Noonan presented testimony of witnesses to the incident showing that the Defendant acted in self-defense. The mother and brother of the Defendant testified that the Defendant acted in self-defense when Alleged Victim #2 clenched his fist and raised it at the Defendant. The Defendant, in response, grabbed Alleged Victim #2 and placed his chest against the trunk of the car. Witnesses testified that the Defendant never punched Alleged Victim #2. Defendant stated that he would not let the Alleged Victim go because he felt that the Alleged Victim might attack him. Testimony was presented that the Alleged Victim claimed some responsibility in the altercation by admitting that he had made some mistakes. Testimony was presented that the Defendant remained calm, cool, and collected when the police arrived. Lastly, Attorney Noonan presented evidence that there has been a history of animosity between the parties prior to this incident.
Result: Attorney Gerald J. Noonan persuades clerk-magistrate not to issue criminal complaint against electrician.
Commonwealth v. C.F. – Quincy District Court
ASSAULT & BATTERY DANGEROUS WEAPON: DISMISSED
MALICIOUS DESTRUCTION OF PROPERTY: DISMISSED
Client, 20-year-old office worker, was charged with assault and battery with a dangerous weapon and malicious destruction of property stemming from an incident in which she threatened the victim with an aluminum baseball bat and damaged the victim’s 2010 Mercedes with said aluminum baseball bat. Defendant chased the victim into his vehicle with the aluminum baseball bat. Once the victim got inside his vehicle, Defendant proceeded to smash his vehicle repeatedly with the baseball bat until the victim sped away. The 2010 Mercedes sustained property damage in excess of $9,000.00. At the Clerk’s Hearing, Attorney Patrick J. Noonan successfully argued that the Defendant was acting in self-defense. Specifically, Attorney Noonan presented evidence that the alleged victim was stalking and constantly harassing the Defendant through a chain of disturbing text messages and e-mails. The Clerk-Magistrate found that the alleged victim acted justifiably, as she was placed in imminent fear of bodily harm.
Result: Attorney Patrick J. Noonan gets felony charges dismissed against 20 year-old Defendant.
Commonwealth v. W.L. – Brockton District Court
CRIMINAL HARASSMENT: DISMISSED
CRIMINAL HARASSMENT: DISMISSED
Client, a retiree, was accused of posting nasty, damaging, and vulgar comments about two victims on Craig’s List on multiple occasions causing the victims to suffer emotional distress. An administrative subpoena to Craig’s List linked the client’s IP address to the postings. Defendant admitted to police that he posted the comments about the victims.
Result: Attorney Gerald J. Noonan convinces clerk-magistrate not to issue the harassment charges against his client.
Commonwealth v. C.B. – Brockton District Court
BREAKING & ENTERING: DISMISSED
LARCENY over $250: DISMISSED
Defendant was alleged to have broken into his girlfriend’s apartment and stolen a mirror, Northface jacket, and $480 in cash. Attorney Gerald J. Noonan was able to get the criminal complaints dismissed and remanded for a clerk-magistrate’s hearing. Originally, Brockton Police sought a show cause hearing and the criminal complaint issued because the Defendant failed to appear. Attorney Noonan presented evidence that the Defendant never received notice of the show cause hearing because the summons was returned, as it was sent to an insufficient address. Because the Defendant failed to appear at the show cause hearing, Cambridge Police arrested him at his business. The Cambridge Police, however, mistakenly brought the Defendant to the Cambridge District Court for an arraignment when they were supposed to bring him to the Brockton District Court. As a result, Defendant was held in the House of Correction for three days until he was transported to the Brockton District Court (the correct court) for his arraignment. Patrick J. Noonan (then a third-year law student) filed a Memorandum of Law for the clerk-magistrate to consider in determining whether to issue the criminal complaints. With regards to the Breaking & Entering, Patrick J. Noonan argued in the Memo that the Defendant did not break into the “dwelling place of another” because he had a right to habitation and occupancy in the apartment. See Commonwealth v. Robbins, 422 Mass. 305 (1996). Specifically, Defendant paid rent, had a key to the apartment, and lived in the apartment for four-months prior to the incident. With regards to the Larceny, Attorney Noonan presented evidence that the mirror belonged to the Defendant, not the alleged victim. Specifically, Attorney Noonan presented photographs of the mirror that pre-dated the alleged incident in the custody of the Defendant. With regards to the Northface jacket, Attorney Noonan presented evidence that the Defendant purchased the Northface jacket on his credit card and provided a copy of his bank statement to the clerk-magistrate. Lastly, Attorney Noonan argued that the Defendant was a jilted lover and upset at the Defendant for breaking up with her and getting back together with his wife. Attorney Noonan presented Facebook messages (post-dating the incident) sent to the Defendant’s wife from the alleged victim where she blasts the Defendant for breaking up with her but she mentions nothing about the alleged breaking and entering and larcenies.
Result: Attorney Gerald J. Noonan convinces clerk-magistrate not to issue criminal complaints on felony charges against his client.
Commonwealth v. S.M. – Hingham District Court
LEAVING THE SCENE PROPERTY DAMAGE: DISMISSED
OPERATING RECKLESSLY: DISMISSED
Police received two calls reporting that they heard loud skidding followed by a loud crash. Upon arrival, police observed fresh skid marks and damage to a stone wall in front of someone’s property. The vehicle drove off striking a second stone wall. Boulders from the stone wall were scattered all over the homeowner’s front lawn. Police found a license plate at the scene, which was registered to the Defendant. Police went to the Defendant’s residence and observed fresh heavy damage to his vehicle with the license plate missing. Defendant admitted to police that he had been driving in the area and he must have lost control of his vehicle but he denied hitting any stone wall.
Result: Attorney Gerald J. Noonan persuades clerk-magistrate not to issue criminal complaints against recent college graduate.
- « Previous
- 1
- …
- 4
- 5
- 6