Case Results – 2018

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February 2018 Case Results


February 13, 2018
Commonwealth v. P.M.
Wrentham District Court

IMPROPER STORAGE OF A FIREARM AGAINST MEDICAL TECHNOLOGIST DISMISSED, AS ATTORNEY GERALD J. NOONAN ARGUES THAT THE FIREARMS WERE INOPERABLE, HEIRLOOMS, WHICH WERE PASSED DOWN BY HIS GRANDFATHER.

Client’s ex-wife obtained a 209A abuse prevention order against her ex-husband, the Defendant. Franklin Police went to the Defendant’s home in Franklin to serve him with the restraining order and to seize his firearms. Police observed that the firearms were in a case but not properly secured and they charged the client with Improper Storage of a Firearm (G.L. c. 140, §131L)

Result: Client received a summons to appear in Wrentham District Court for an arraignment on the charge of Improper Storage of a Firearm. Client immediately retained Gerald J. Noonan who was able to dismiss the criminal complaint prior to arraignment on the grounds that his client was entitled to a clerk-magistrate’s hearing prior to the issuance of any criminal charge. If the client were arraigned, the gun charge would be on his record. At the clerk’s hearing, Attorney Noonan argued that the firearms were inoperable. The firearms were passed down to the client by his deceased grandfather. Client never fired the guns nor did he have any ammunition for the guns. The client was planning on selling the firearms to a dealer and using the money to make a down payment on a new house. Client was a Medical Technologist and biomedical laboratory technician. Client had no criminal record. The clerk magistrate decided to hold the matter open for a period of time and so long as the client stays out of trouble the charge will be dismissed.


February 8, 2018
Commonwealth v. I.R.
Barnstable District Court

CHARGES OF FILING A FALSE POLICE REPORT AND IMPROPER STORAGE OF A FIREARM AGAINST CAPE COD MAN AND RUSSIAN IMMIGRANT ARE DISMISSED AT CLERK’S HEARING.

Defendant, a resident of Hyannis, called police while intoxicated to report that his roommate stole his gun. When Barnstable Police arrived at the scene, Defendant was intoxicated and was yelling that his roommate stole his gun. Police found the gun sitting on the top of some laundry. Police placed the Defendant in protective custody because he was intoxicated and posed a threat of harming himself or his roommate. Police charged Defendant with making False Reports to Police Officers (G.L. c. 269, §13A) due to falsely accusing his roommate of stealing his gun. Police also charged Defendant with Improper Storage of a Firearm.

Result: At the clerk’s hearing, Attorney Gerald J. Noonan convinced the clerk to dismiss the charge of Filing a False Police Report for lack of probable cause. Attorney Noonan brought Defendant’s roommate to the hearing as a character witness. The roommate worked for Defendant’s roofing company and Defendant gave him a place to live because he was homeless. The roommate did not want the Defendant charged and wanted the case dismissed. The roommate stated that the Defendant was a good boss and a good man for giving him a place to live while he got back on his feet. The criminal complaint will be dismissed so long as Defendant remains out of trouble.


February 6, 2018
Commonwealth v. M.D.
Brockton District Court

DEFENDANT’S CONFESSION TO POLICE OF STEALING $6,000 FROM HIS EMPLOYER ARE SUPPRESSED FROM EVIDENCE, AS ATTORNEY PATRICK J. NOONAN PROVES THAT POLICE DID NOT READ HIM HIS MIRANDA RIGHTS.

Client was an employee for a company in Brockton. A fraud investigator from the company confronted the Defendant with evidence showing that he stole more than $6,000 from the company. The fraud investigator told Defendant he was going to the police to report it and it would be a good idea for the Defendant to come along. At the Brockton police station, the fraud investigator gave the police officer company records showing the Defendant’s thefts from the company totaling more than $6,000. The police officer proceeded to interrogate and question the Defendant about the thefts. During the interrogation, Defendant admitted that he stole from the company. Based largely on his confession, the officer charged him with Larceny over $250 (G.L. c. 266, §30)

Result: Attorney Patrick J. Noonan filed a Motion to Suppress his client’s confession to the police officer on the grounds that the police officer did not read him his Miranda Rights. After a hearing, the judge allowed Attorney Noonan’s Motion to Suppress and his client’s confession is now suppressed from evidence. At trial, the Commonwealth cannot introduce any evidence that the Defendant confessed to the police officer that he stole the money.


January 2018 Case Results


January 31, 2018
Commonwealth v. Colin O.
Quincy District Court

ATTORNEY PATRICK J. NOONAN WINS NOT GUILTY VERDICTS ON ALL CHARGES, INCLUDING OPERATING UNDER THE INFLUENCE OF DRUGS, POSSESSION OF A CLASS C SUBSTANCE, AND OPERATING TO ENDANGER.

Quincy Police were dispatched to a call from a concerned citizen reporting that a person (defendant) was passed out and slumped over the steering wheel of his car. Upon arrival to the scene, police spoke to the witness who pointed to the Defendant’s car as it was leaving the scene. Police pursued the vehicle. When police came upon the vehicle, they discovered there had been an accident. Police spoke to the other driver who reported that the Defendant struck her vehicle. Police spoke to the Defendant who was lethargic and nodding off. Defendant admitted to smoking marijuana. Defendant admitted to recently taking a prescription medication called Seroquel, which made him very sleepy and tired. Police searched Defendant’s vehicle and discovered a pill, which was later tested and found to be Clonazepam, a Class C Controlled Substance. In his vehicle, police also found syringes and other items consistent with intravenous drug use. With the Clonazepam in the vehicle, police charged Defendant with Possession of a Class C Substance (G.L. c. 94C, §34). Police charged him with Operating under the influence of Drugs (G.L. c. 90, §24) and Operating to Endanger (G.L. c. 90, §24(2)(a).

Result: At trial, Attorney Patrick J. Noonan convinced the judge to find his client not guilty on all charges. First, Attorney Noonan convinced the judge that the Commonwealth failed to prove that Seroquel was a “drug.” The Commonwealth went on to claim that Defendant was under the influence of marijuana or heroin, or both. Second, Attorney Noonan argued that the police officer could not give an opinion that the Defendant was under the influence of marijuana or heroin because the police officer was not qualified as an expert. Third, the Commonwealth sought to prove that the pill was Clonazepam through a Drug Certificate of Analysis where the crime lab tested the pill and identified it as Clonazepam. Attorney Noonan convinced the judge to throw out the Drug Certificate because the Commonwealth failed to lay a proper foundation. Attorney Noonan introduced evidence that the pill identified in the Drug Certificate may not have been the same pill found in the trash can because the police officer testified that the pill in the vehicle was “blue” where the drug certificate identified the pill as “green.” Lastly, Attorney argued that his client had no idea that there was a pill in the vehicle. This was a work vehicle where other workers had access to the vehicle and the pill could have belonged to any of the workers who previously used the vehicle. Attorney Noonan argued that the Defendant did not have any knowledge that a Clonazepam pill was in the work truck because it was buried at the bottom of a trash barrel with other trash and discarded items.


January 30, 2018
Matter of S.H.

NO CHARGES BROUGHT AGAINST DOG WALKER FOR STEALING ALCOHOL FROM CLIENT’S HOME.

Client was employed as a dog walker for a dog walking company in Sharon. The company received a call from one client who reported that he had video of the dog walker stealing alcohol from the bar in his home. When confronted by the company, she admitted to stealing the alcohol. The company fired her. The company contacted her stating the customer wanted restitution for the stolen alcohol or they would press charges.

Result: Client contacted Attorney Patrick J. Noonan who immediately resolved the dispute with the dog walking company and the customer. No criminal charges were brought against our client.


January 23, 2018
Commonwealth v. L.L.
Chelsea District Court

LARCENY CHARGE AGAINST HOTEL EMPLOYEE FOR STEALING MONEY DISMISSED AT CLERK’S HEARING, AS ATTORNEY PATRICK J. NOONAN REACHES A RESOLUTION WITH THE HOTEL.

Defendant, Brockton resident, is a 25 year-old Haitian immigrant with no criminal record and father of a newborn baby. He was working the front desk at a hotel in Revere when a customer came in to rent a room. The customer stated he didn’t have enough money to pay the fee for an overnight guest. The customer asked the Defendant to give him a break and only charge him $100. Defendant allegedly accepted the customer’s proposal, pocketed the $100, didn’t register the customer in the computer system, and allowed him to stay in a room overnight. The manager viewed surveillance video showing the Defendant pocketing the cash and not registering the guest. When confronted by the manager, Defendant admitted to taking the cash. The manager filed an application for criminal complaint against defendant for Larceny (G.L. c. 266, §30).

Result: At the clerk magistrate hearing, Attorney Patrick J. Noonan had the opportunity to mediate the dispute with the hotel manager and owner. They reached an agreement where the Defendant agreed to pay the hotel restitution for the money they lost. If the Defendant stays out of trouble, the charge will be dismissed.


January 12, 2018
Commonwealth v. H.Q.
Hingham District Court

JURY FINDS DEFENDANT NOT GUILTY OF OUI-LIQUOR (0.08% OR ABOVE) AFTER ATTORNEY PATRICK J. NOONAN PRESENTS EXPERT EVIDENCE SHOWING DEFENDANT’S BLOOD ALCOHOL LEVEL WAS BELOW 0.08% AT THE TIME SHE OPERATED HER VEHICLE.

Norwell Police were dispatched to the scene of a single car crash. Upon arrival, police found the Defendant’s car, flipped over, more than 100 feet off the ground in a drainage ditch. Defendant admitted to being the operator. At trial, the officer testified that he detected a strong odor of alcohol coming from the Defendant and her eyes appeared to be red and bloodshot. The officer testified that it was his opinion that the Defendant was under the influence of alcohol. The officer contacted an ambulance, as the Defendant appeared injured. The DA called the paramedic who testified that it was his opinion that the Defendant was intoxicated. The DA introduced hospital records showing that Defendant’s blood was tested for the presence of alcohol. The DA called an expert witness who testified that Defendant’s blood alcohol level was between 0.117% and 0.124%.

Result: At trial, Attorney Patrick J. Noonan called an expert witness, Dr. Samson, who is a toxicologist, specializing in alcohol. Dr. Samson testified that Defendant’s blood alcohol concentration was below 0.08% based on conversion factors she applied, which were generally accepted in the scientific community. In addition, Dr. Samson testified that the hospital’s blood test was not scientifically reliable and produced a higher alcohol level than what it actually was. The jury returned a verdict of not guilty on the charge of Operating under the Influence of Liquor with a blood alcohol level of 0.08% or above, as the jury was not convinced that the Commonwealth proved beyond a reasonable doubt that Defendant’s blood alcohol level was 0.08% or above.


January 10, 2018
Plaintiff v. Defendant
Brockton District Court

ATTORNEY GERALD J. NOONAN CONVINCES JUDGE TO TERMINATE HARASSMENT PREVENTION ORDER AGAINST DEFENDANT.

Plaintiff and Defendant, residents of Brockton, had an ongoing feud. Plaintiff was in a relationship with Defendant’s soon to be divorced husband. Plaintiff alleged that Defendant would come to her home, on numerous occasions, and pound on the door and would also follow her in her car. On one occasion, Plaintiff called police to report that Defendant confronted her in a parking lot and threatened her. Plaintiff obtained a Harassment Prevention Order (G.L. c. 258E) against the Defendant. A hearing was scheduled with regards to whether the restraining order would be extended for an additional period of time.

Result: After hearing, Attorney Gerald J. Noonan gets the judge to terminate the restraining order.