Sex Crimes
Commonwealth v. John Doe – Barnstable Superior Court
8 INDICTMENTS FOR AGGRAVATED RAPE OF A CHILD, CARRYING LIFE SENTENCE, DISMISSED AT TRIAL.
Our client was charged with eight (8) counts of Aggravated Statutory Rape of a Child (G.L. c. 265, §23A) and two (2) counts of Indecent Assault & Battery on a child. Attorney Patrick J. Noonan spent years preparing the case for trial. One week before the trial, the Commonwealth dropped all charges. If convicted, the client was facing a life sentence.
Commonwealth v. John Doe – Plymouth Superior Court
INDICTMENT CHARGING DRUGGING A PERSON FOR SEXUAL INTERCOURSE DISMISSED FOR LACK OF PROBABLE CAUSE.
Our client was indicted for Rape and Drugging a Person for Sexual Intercourse (G.L. c. 272, §3). The client met a woman on social media, and they got together for a date. They went to a bar for a few drinks. The woman was insistent that the client placed something in her drink at the bar and she had no memory of what occurred thereafter. Upon leaving the bar, they went to the woman’s apartment. She awoke the next morning and believed that she had been raped. She went to the hospital. Attorney Patrick J. Noonan filed a motion to dismiss the indictment for lack of probable cause because, absent her allegation, there was no evidence to show that she had been drugged. The indictment was dismissed.
Commonwealth v. B.D., and others – Massachusetts Appeals Court
Commonwealth v. B.D., and others
Massachusetts Appeals Court
104 Mass. App. Ct. 161 (2024)
IN A HIGH-PROFILE CASE, ATTORNEY PATRICK J. NOONAN WINS APPEAL AFFIRMING THE DISMISSAL OF SEX-TRAFFICKING CHARGES AGAINST FIVE DEFENDANTS.
Five Defendants were charged with Trafficking a Person for Sexual Servitude pursuant to G.L. c. 265, §50(a), which carries a minimum-mandatory prison sentence of 5 years. The police placed an advertisement online posing as prostitutes. The advertisement listed the sexual services offered by the fictitious prostitute and contained a phone number for the prostitute. Defendants contacted the phone number, believing that they were communicating with a prostitute. In reality, Defendants were speaking to an undercover officer, posing as the prostitute. Defendants exchanged text messages with the undercover officer where they discussed the payment of money in exchange for sexual services. The undercover officer instructed the Defendants to meet at a hotel for the exchange. When each Defendant arrived at the hotel, they were arrested. Attorney Patrick J. Noonan was successful in convincing the Superior Court to dismiss the sex-trafficking charges for lack of probable cause and the Commonwealth appealed the dismissal to the Massachusetts Court of Appeals. Attorney Noonan argued the case for the Defendants on appeal. The Appeals Court agreed with Attorney Noonan that the Defendants conduct did not constitute sex-trafficking and the order dismissing the sex-trafficking charges was affirmed. This case was published in Massachusetts Lawyers Weekly for its significance.
Commonwealth v. John Doe – Plymouth Superior Court
CLIENT WAS FACING A MINIMUM-MANDATORY PRISON SENTENCE OF 5 YEARS ON AN INDICTMENT FOR SEX-TRAFFICKING BUT WALKS AWAY WITH A MISDEMEANOR CONVICTION, 2 YEARS OF PROBATION, AND NO SEX OFFENDER REGISTRATION.
Defendant was charged with Trafficking of a Person for Sexual Servitude pursuant to G.L. c. 265, §50(a), which carries a minimum-mandatory prison sentence of 5 years. Defendant posted an advertisement on Craig’s List expressing interest in meeting a woman for sex. An undercover responded to the advertisement and posed as a woman who was willing to engage in sex with him for money. They exchanged emails and text messages where the Defendant offered the undercover officer money in exchange for sex. The undercover instructed the Defendant to meet at an apartment complex for the exchange. When the Defendant arrived to the apartment complex, he was arrested. The Commonwealth indicted the Defendant and charged him in Superior Court with sex-trafficking. Attorney Patrick J. Noonan aggressively attacked the case by way of a Motion to Dismiss and a Motion to Suppress Evidence, which were unsuccessful. Because the Commonwealth was unwilling to reduce the sex-trafficking charge, Attorney Noonan prepared the case for trial, and was prepared to argue to the jury that the Defendant’s conduct amounted to the misdemeanor offense of sex-for-a-fee and his conduct did not constitute sex-trafficking. A final pretrial conference was scheduled in which the parties represented that they were ready for trial. Two-days before the trial, mindful that Attorney Noonan was ready, willing, and able to try the case, the Commonwealth offered to drop the sex-trafficking charge and have the Defendant pled guilty to the misdemeanor offense of sex-for-a-fee and give him probation for two years. Defendant accepted the deal. Sexual Conduct for a Fee (G.L. c. 272, §53A) is a misdemeanor offense, which does not carry any sex-offender registration requirements. Once the Defendant completes his probation, he is entitled to have this charge automatically sealed from his record.
Commonwealth v. John Doe
Stoughton District Court
DEFENDANT WAS CHARGED WITH 41 COUNTS OF SECRETLY VIDEOTAPING MEN USING THE URINAL AND BATHROOM IN THE MEN’S LOCKER OF A FITNESS CENTER. DEFENDANT WALKS AWAY WITH NO CONVICTION, NO JAIL TIME, AND NO SEX-OFFENDER REGISTRATION.
Defendant, a 24 year-old with no criminal record, was charged with 41 counts of Photographing Sexual Intimate Parts without Consent pursuant to G.L. c. 272, §105. Defendant was an employee for a fitness center. Employees discovered a recording device in a shower-caddy that was positioned at the base of the urinal in the men’s locker room. Employees suspected that the Defendant was the person to have installed the camera. Whenever the cleaning crew went into the men’s locker room to conduct cleaning, Defendant would rush into the locker room and was seen removing the shower-caddy. Police obtained the Defendant’s personal emails to Amazon indicating that the camera he purchased was mechanical issues and he requested a new camera. The camera identified in the Defendant’s emails matched the make and model of the camera found in the locker room. Police obtained a search warrant for the Defendant’s residence and recovered numerous electronic devices, including cameras matching the camera found in the locker room. The electronic devices contained videos of men using the urinals in the bathroom. The case was indefensible, impossible to defend, and was unwinnable at trial. The issue for Attorney Patrick J. Noonan was to seek the best resolution possible for the client, which would not include a conviction, jail time, or sex-offender registration. This was a case where the goal of sentencing was aimed at treating the root cause of the criminal conduct (underlying mental health issues) and to concentrate on treating and rehabilitating the defendant, as opposed to incarcerating him, which would not get at the root of the problem.
Commonwealth v. John Doe
Plymouth Superior Court
CLIENT WAS CONVICTED AFTER A JURY TRIAL OF RAPE AND INDECENT ASSAULT & BATTERY, BUT ATTORNEY PATRICK J. NOONAN WINS NEW TRIAL BASED ON NEWLY DISCOVERED EVIDENCE.
Attorney Patrick J. Noonan represented the Defendant at a trial in the Plymouth Superior Court on indictments charging him with Rape of Child and Indecent Assault & Battery. The jury found the Defendant guilty on all charges. One-week after the guilty verdict, Attorney Noonan came into possession of newly discovered evidence and immediately filed a Motion for New Trial. Attorney Noonan argued that the newly discovered evidence casts serious doubt on the justice of the conviction and this newly discovered evidence would have played a real factor in the jury’s deliberations. After a hearing, the trial judge agreed with Attorney Noonan and granted the Defendant a new trial. Attorney Noonan was able to secure his client’s release pending his new trial.
Commonwealth v. John Doe
Commissioner of Probation
CONVICTION FOR SEXUAL CONDUCT FOR A FEE IS SEALED FROM CLIENT’S RECORD.
In 2009, the client pled guilty to the offense of Sex for a Fee (G.L. c. 272, §53A). The client was placed on probation for one-year. The client contacted the Law Offices of Gerald J. Noonan to have this criminal conviction sealed from his record. Our office was successful in sealing this criminal conviction from our client’s record.
Department of Children & Families
Department of Children & Families
Fair Hearing
THE DEPARTMENT OF CHILDREN AND FAMILIES (DCF) FOUND SUFFICIENT EVIDENCE TO SUPPORT AN ALLEGATION THAT THE DEFENDANT SEXUALLY ABUSED A CHILD UNDER HIS CARE. ON APPEAL, ATTORNEY PATRICK J. NOONAN CONVINCES DCF TO REVERSE ITS DECISION.
A mandated reporter made a report to the Department of Children and Families accusing the Defendant of sexually abusing a child under his care. After conducting an investigation, DCF found that the allegations of sexual abuse were supported. Attorney Patrick J. Noonan appealed the decision by DCF. At DCF the hearing, Attorney Noonan argued that there was insufficient evidence to support the allegation of sexual abuse. After presenting his evidence at the hearing, DCF agreed with Attorney Noonan and found that there was insufficient evidence of sexual abuse and reversed its decision.
Commonwealth v. John Doe
Plymouth Superior Court
ATTORNEY PATRICK J. NOONAN WINS DISMISSAL OF SEX-TRAFFICKING INDICTMENT IN THE PLYMOUTH SUPERIOR COURT. THE PROSECUTION HAS APPEALED THE DISMISSAL OF THE INDICTMENT TO THE APPEALS COURT.
The Defendant, along with four-other defendants, was indicted in the Plymouth Superior Court on charges of Trafficking a Person for Sexual (G.L. c. 265, §50) and Sexual Conduct for a Fee (G.L. c. 272, §53A). Sex-trafficking carries a serious penalty of five-years in State Prison. Law enforcement posted an advertisement online, posing as prostitutes, advertising sexual services in exchange for fees. The advertisement contained a phone number for the customer to call. Defendant responded to the advertisement and contacted the phone number and conversed with an undercover officer, who was posing as a prostitute, and the Defendant offered money in exchange for sex services. Defendant arrived at a hotel to meet the undercover officer and was arrested.
Result: Attorney Patrick J. Noonan filed a Motion to Dismiss the Sex-Trafficking charge in the Plymouth Superior Court arguing that there was no probable cause to support the offense. Attorney Noonan, citing a recently decided case by the Supreme Judicial Court, argued that the offense of sex-trafficking requires proof of an actual, human being victim. Here, there was no actual human being victim, as the Commonwealth identified the victim as “society.” There was no victim, but an undercover who was posing as a prostitute and no commercial sexual activity would ever occur. There was no human being victim, but an undercover officer posing as a fictitious person. Attorney Noonan argued that the Legislature, in enacting the Sex-Trafficking statute, did not intend to punish Johns who offer undercover officers money in exchange for sex. The Legislature intended to punish Johns under a different statute, the Sexual Conduct for a Fee statute. Attorney Noonan argued that the Legislature enacted the sex-trafficking statute to target “pimps” and those who enslave sex workers. The Superior Court allowed Attorney Noonan’s Motion to Dismiss and the Commonwealth has appealed the allowance of the Motion to Dismiss to the Appeals Court.
Commonwealth v. H.P.
IN A RARE DECISION, ATTORNEY PATRICK J. NOONAN OBTAINS A COURT ORDER FOR THE ALLEGED VICTIM OF A SEXUAL ASSAULT TO UNDERGO A PSYCHOLOGICAL EVALUATION.
Defendant was charged with Assault to Rape (G.L. c. 265, §24) and Indecent Assault & Battery (G.L. c. 265,§13H). Defendant is facing serious penalties if convicted. Attorney Patrick J. Noonan conducted an investigation into the alleged victim. Attorney Noonan discovered that the alleged victim had falsely accused another man of rape. Police investigated the prior rape allegation and obtained video footage showing that no sexual assault occurred and the accused was never charged. Attorney Noonan discovered that the alleged victim had accused another man of sexual assault, but during the prosecution of the accused, the alleged victim dramatically changed her story and exhibited concerning behavior while being interviewed by the District Attorney’s Office leading to the charges being dropped. Attorney Noonan obtained various police reports showing that the alleged victim had some sort of mental disorder, which was not fully understood by investigators. Attorney Patrick J. Noonan filed a motion seeking a court order to have the alleged victim psychologically evaluated pursuant to G.L. c. 123, §19. In a rare decision, the court ordered the psychological evaluation of the alleged victim. At the present time, Defendant is awaiting trial.