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November 20, 2008
Commonwealth v. E.I.
New Bedford Superior Court
CONSPIRACY TO TRAFFIC COCAINE: NOLLE PROSEQUI
TRAFFICKING COCAINE: DISMISSED
TRAFFICKING IN SCHOOL ZONE: NOLLE PROSEQUI
Attleboro Police in conjunction with the DEA commenced a narcotics investigation of Suspect #1. Police engaged in many controlled buys with Suspect #1 over the span of 8-9 months. Suspect #1 would depart from his home and sell drugs to an undercover officer at the same location. Suspect #1 engaged in at least controlled buys with police selling large quantities of cocaine (24.7 grams, 53.7 grams, 44.4 grams, 22.1 grans, 24.3 grams). On November 17, 2005, Defendant and Suspect #1 departed from Suspect #1’s residence to engage in a drug sale. Defendant drove Suspect #1 from his residence to the location of the drug sale in a Mazda pick-truck. Suspect #1 then sold 22.3 grams of cocaine to the undercover officer from the Mazda pick-up truck. Police also searched through the trash at Suspect #1’s residence and found evidence of narcotics distribution. The police sought arrest warrants for Suspect #1, Defendant, and two other defendants. Police executed a search of Suspect #1 residence and found 61.8 grams of cocaine, $6,979.00 in cash, and other evidence of drug distribution. Attorney Gerald J. Noonan argued a Motion to Dismiss the Indictments (denied) on the basis that the Commonwealth presented false and deceptive evidence to the grand jury. Mainly, the Commonwealth neglected to introduce exculpatory evidence that the surveillance team did not identify the driver of the pick-up truck in the drug transaction of November 17, 2005, except as an “unknown male.” Attorney Noonan demanded production of police reports concerning the alleged transaction of November 17, 2005 and was only provided with an Attleboro Police Report. Defendant was facing a very lengthy prison sentence and definite deportation if convicted of the offenses. Attorney Gerald J. Noonan was able to get all charges dropped and the Trafficking charge reduced to Distribution of Class B and dismissed after one-year so long as the Defendant did not commit any new offenses. Result: On November 20, 2008, Drug Distribution charge was dismissed and Defendant avoids very length prison sentence and deportation from the United States.
October 14, 2008
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.
September 26, 2008
Commonwealth v. M.A.
Taunton District Court
ASSAULT & BATTERY: DISMISSED
Defendant was formerly employed at a gas station and was fired by his employer for allegedly stealing money and gas. The alleged victim (former employer) states that he went to his daughter’s school to pick her up when he was confronted by the Defendant who swore at him and pushed him to the floor injuring his hands, nose, elbow, face, knee and hip. As a result of the assault and battery, the alleged victim went to the emergency room.
Result: Attorney Gerald J. Noonan gets Assault & Battery charge dismissed.
March 20, 2008
Commonwealth v. R.J.
Hingham District Court
OUI-LIQUOR (0.19 BAC) NOT GUILTY
Hanover Police were dispatched to a motor vehicle accident in which a motor vehicle had ended up in a wooded area. Upon arrival, the police officer observed a red pick-up truck in the woods approximately 15-feet off the roadway. The motor vehicle was damaged and hit several branches. There was no one inside the vehicle. The officer observed approximately 100 feet of skid marks leading up to the motor vehicle. While checking the area for the operator, Defendant approached the police officer. The officer asked who he was to which the Defendant replied, “It’s my truck.” The officer asked him if he was driving the truck and the Defendant replied, “Yeah, I don’t know what the fuck happened.” The officer observed that the Defendant had bloodshot eyes and smelled of alcohol. Defendant stated to the officer, “I’m fucked.” Defendant failed all field sobriety tests, which included the alphabet test, the counting test, the nine step heel-to-toe test, and the one-legged stand. Back at the police station, Defendant agreed to take a breath test and his blood alcohol content was 0.19, more than double the legal limit. Attorney Gerald J. Noonan acquitted his client of OUI-Liquor by attacking the Commonwealth’s case by showing that the Commonwealth failed to present sufficient evidence to show that the Defendant was the “operator” of the motor vehicle.
Result: Attorney Gerald J. Noonan gets Not Guilty on OUI-Liquor charge where defendant had a blood alcohol content of 0.19.