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January 9, 2001
Commonwealth v. S.K.
Brockton District Court
ASSAULT & BATTERY w/ DANGEROUS WEAPON: NOT GUILTY
On May 7, 1999, there was a large party in the woods behind the MSPCA in Brockton. There were many youths drinking and partying in the woods. There were approximately 80 people in attendance at the party. The alleged victim, a party goer, told police that he was beat up and “stomped on” in the woods at the party. The alleged victim told police that he was kicked and punched several times. The alleged victim provided the names of his attackers, including the Defendant’s name. The beating was vicious, violent, and severe. The alleged victim’s eye was permanently disfigured in the attack. Several of the co-defendants were charged with Mayhem, as there was evidence that the alleged victim’s eye was “put out or destroyed.” Records showed that the alleged victim’s vision, after the assault, was substantially reduced. The alleged victim identified the Defendant to police as one of the people kicking him while he was on the ground.
Attorney Gerald J. Noonan located many eyewitnesses to the attack in the woods. One eyewitness stated that she observed three people beating the alleged victim and kicking him while he was on the ground. This eyewitness did not see the Defendant beating, punching, or kicking the alleged victim. Another eyewitness stated that he observed several people beating the alleged victim. This eyewitness did not see the Defendant beating, punching or kicking the Defendant. Attorney Noonan interviewed 4 other witnesses who provided exculpatory information. Attorney Noonan obtained records showing that the alleged victim’s eyesight, without glasses, was extremely poor, which affected his ability to positively identify the Defendant as one of his attackers.
Attorney Gerald J. Noonan discovered information that the alleged victim was in possession of a knife and that he purportedly used the knife during the altercation. Attorney Gerald J. Noonan also discovered a taped telephone call in which the alleged victim recanted his statement to police. At trial, Attorney Noonan severed his client’s case from the three other co-defendants’ cases, as a joint trial of all four defendants would prejudice his client. Attorney Noonan’s client was a full-time student at the Massachusetts Maritime Academy and had no prior criminal record.
Result: Attorney Gerald J. Noonan gets Not Guilty verdict on violent felony charge against Mass. Maritime Academy student with no criminal record.