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March 9, 1998
Commonwealth v. W.J.
Brockton Superior Court
RAPE OF CHILD: NOLLE PROSS
DRUGGING PERSON FOR SEX: NOLLE PROSS
DISSEMINATION OF HARMFUL MATTER TO MINOR: NOLLE PROSS
Defendant’s 9-year-old biological son claimed that the Defendant had anally raped him. The alleged victim also claimed that the Defendant would stick candles up his butt. The alleged victim alleged that his father would also touch his butt. The alleged victim claimed that his father showed him dirty books and that the Defendant forced him to look at the dirty books. Police went to the Defendant’s house to arrest him. Police found “dirty magazines” and a pornographic video in the Defendant’s house. Attorney Gerald J. Noonan argued a Motion to Suppress the physical evidence seized at the Defendant’s house and statements made by his client arguing that the clerk-magistrate did not give police a valid Arrest Warrant but simply gave police an Application for Criminal Complaint. Attorney Noonan’s Motion to Suppress was denied. Attorney Noonan argued another Motion to Suppress arguing that his client’s statements were inadmissible under Miranda, and that police seized the evidence without his client’s consent. Attorney Noonan’s Motion to Suppress was denied. Attorney Noonan also conducted a criminal deposition of his client’s ex-wife in preparation of trial.
Result: On March 9, 1998, the Commonwealth entered a Nolle Prosequi, which means that the indictment is withdrawn – meaning that if circumstances change, a prosecution could be initiated again.