Gerald J. Noonan – Case Results (Archives)

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2016 Case Results for Gerald J. Noonan


December 8, 2016
Commonwealth v. A.C.
Brockton District Court

NO CRIMINAL COMPLAINT ISSUED AGAINST COLLEGE FRESHMAN FOR BEING A MINOR IN POSSESSION OF ALCOHOL AND NO CRIMINAL CHARGE ENTERED ON HER RECORD

Client, an 18-year-old freshman student at Bridgewater State University, was caught carrying a duffel bag containing alcohol into a dormitory. Prior to her Clerk-Magistrate Hearing, Attorney Gerald J. Noonan had his client take the proactive approach of completing a brief alcohol education and intervention program. At the Clerk-Magistrate Hearing, Attorney Noonan presented the Clerk with a Certificate of Completion from the brief alcohol program. In addition, Attorney Noonan presented evidence with regards to his client’s background, which included being an honor student at Boston Latin, a 4-year varsity athlete, and a volunteer worker teaching Catholic education to young children.

Result: Attorney Gerald J. Noonan persuades the Clerk-Magistrate to dismiss the criminal complaint of being a minor in possession of alcohol. Attorney Noonan saves his young client from having a criminal record and avoids any school disciplinary proceedings.


November 17, 2016
Commonwealth v. M.F.
Stoughton District Court

NO CRIMINAL COMPLAINT ISSUED AGAINST MOTHER WHO ALLEGEDLY PERMITTED 50 PLUS MINORS TO CONSUME ALCOHOL ON HER PREMISES DURING A LOUD, DISRUPTIVE PARTY.

Sharon police were dispatched to the Defendant’s residence due to several calls reporting “explosions.” Upon arrival to the residence, police heard fireworks. There were approximately 50-75 underage youths in the backyard consuming alcohol. Police observed 20-30 empty beer cans and there was vomit on the back porch. Defendant was the homeowner and she was hosting a birthday party for her 17-year-old daughter. One underage youth was seen vomiting and this youth admitted to having consumed too much alcohol. This was the second incident in which police responded to this residence for a similar issue.

Result: At a Clerk-Magistrate’s Hearing, Attorney Gerald J. Noonan introduced extensive evidence regarding steps his client has made to address the issue. For example, his client sought counseling and education regarding successful parenting and underage drinking. In addition, Attorney Noonan presented letters from 7 different people attesting to his client’s character. Finally, Attorney Noonan argued that the issuance of a criminal complaint would jeopardize his client’s employment as a Choir Director, a position she has held for over six years. After considering all the evidence and arguments presented by Attorney Gerald J. Noonan, the Clerk-Magistrate dismissed the criminal complaint.


October 19, 2016
Commonwealth v. E.P
.
Attleboro District Court

ATTORNEY GERALD J. NOONAN SAVES HIS CLIENT FROM SERVING 6 MONTHS IN JAIL FOR VIOLATING HIS PROBATION.

Client was charged with a third offense for drunk driving, an offense carrying a minimum mandatory jail sentence of five months. After extensive negotiations, Attorney Gerald J. Noonan persuaded the District Attorney to reduce the third offense to a second offense, thereby saving the client from serving a mandatory jail sentence. As part of the agreed-upon sentence, client was placed on probation for three years with one condition being that he submits to random alcohol testing. If the client violated the terms of his probation, he would have to serve 6 months in jail. During his probation, the client tested positive for alcohol. Due to this probation violation, client was immediately detained by probation and sent to the house of correction.

Result: The client was facing a six-month jail sentence for violating the terms of his probation by testing positive for alcohol. From the house of correction, client called Attorney Gerald J. Noonan. Immediately, Attorney Gerald J. Noonan requested a hearing. At the hearing, Attorney Gerald J. Noonan was able to negotiate a deal in exchange for his client’s immediate release from jail. As part of the deal, client was placed on a mobile alcohol testing unit called Scram and ordered to attend 2 AA meetings per week. Even though he violated his probation, Attorney Noonan was able to ensure that his client’s original probationary sentence of 3 years was not extended.


October 18, 2016
Commonwealth v. E.D.
Attleboro District Court

ATTORNEY GERALD J. NOONAN GETS SHOPLIFTING CHARGE AGAINST HABITUAL OFFENDER DISMISSED OUTRIGHT AT FIRST COURT DATE.

Client was a habitual shoplifter having been convicted for shoplifting well over three times. On this occasion, client was at JC Penny where she was observed by Loss Prevention removing the tag to a bottle of cologne and concealing the bottle of cologne in her purse. The client passed by all cash registers, exited the store, and was apprehended by Loss Prevention. She admitted to having stolen the bottle of cologne. Prior to this case, the client served eight months in the House of Correction for having been convicted of shoplifting, as a repeat offender. At a Clerk’s Hearing, JC Penny requested that the criminal complaint issue, even though the item was returned and the client paid restitution.

Result: Client was facing the very real prospect of jail time because she had been previously convicted for shoplifting on at least three prior occasions and served 8 months in jail for shoplifting in the past. Attorney Gerald J. Noonan was able to get the shoplifting charge dismissed outright at the first court date and saved his client from serving another jail sentence.


October 12, 2016
Commonwealth v. J.H.
Wrentham District Court

SHOPLIFTING:  DISMISSED ON FIRST COURT DATE

A Walpole Police Officer was conducting a security check in the parking lot of Walmart when his attention was drawn to a white male (defendant) who was acting suspiciously. The male was walking quickly to his vehicle, jumped in his vehicle, and kept looking at the officer’s police cruiser. The officer followed the defendant’s vehicle, which was speeding away. During the pursuit, the officer received a dispatch about a recent shoplifting at Walmart. The officer stopped the Defendant’s vehicle. Defendant told the officer that he was doing some shopping at Walmart and forgot to pay for some items. Police obtained surveillance video footage showing the defendant stealing items from Walmart, loading the items in his vehicle, and driving away. Defendant had a 5-page criminal record with convictions for theft crimes, drug crimes, and violent crimes.

Result: Despite the client’s lengthy criminal record, Attorney Gerald J. Noonan was able to get the Shoplifting charge dismissed upon payment of court costs on the first court date. Attorney Noonan argued that there were mitigating circumstances. Defendant had been battling some mental health issues for a long time. After he was charged with this offense, Defendant sought and received treatment for his mental illnesses for the first time. Defendant was the primary caregiver for his elderly mother. Prior to exiting the store, the client voluntarily returned all the items.


September 19, 2016
Commonwealth v. O.M.
Brockton District Court

CHARGES OF ASSAULTING A POLICE OFFICER AND RESISTING ARREST AGAINST U.S. MARINE CORPS RECRUIT TO BE DISMISSED PRIOR TO ARRAIGNMENT IN SIX MONTHS IF CLIENT COMPLETES COUNSELING

Police were called to a bar for a report of a drunk and disorderly patron. When the police arrived, they found the defendant sitting outside, visibly intoxicated. Police placed the defendant in protective custody pursuant to G.L. c. 111B, §8. Defendant resisted when police tried to handcuff him. Defendant was yelling and swearing and causing a scene when officers placed him under arrest. During transport to the police station, Defendant was kicking the backseat of the police cruiser. It took three officers to escort the Defendant to his holding cell. In the holding cell, Defendant attacked one officer severely bruising his arm and the officer was unable to work for several days. Police tried to move the Defendant to another holding cell when he bit another officer on the knee. Police filed three criminal complaints for Disorderly Conduct, Resisting Arrest, and Assault & Battery on a Police Officer. Prior to this incident, client was close to finishing the process of enlisting in the U.S. Marine Corps.

Result: At a Clerk Magistrate Hearing, Attorney Gerald J. Noonan presented compelling evidence on behalf on his client. First, Attorney Noonan presented a letter from the client’s Marine Corps. Recruiter. In the letter, the Recruiter stated that he was aware of the pending charges and would continue with the client’s enlistment should his case resolve favorably. Attorney Noonan had his client write letters of apology to all the police officers. The Clerk-Magistrate accepted Attorney Noonan’s proposal to hold the matter open for six months with the condition that his client undergo treatment with a substance abuse counselor. If the client successfully completes his substance abuse treatment than all criminal charges will be dismissed in six months and, hopefully, the client will be able to enlist in the Marine Corps. 


September 7, 2016
Commonwealth v. I.A.
Brockton District Court

SHOPLIFTING CHARGE AGAINST 32-YEAR-OLD SINGLE MOTHER DISMISSED AT CLERK’S HEARING

Brockton Police were dispatched to Walmart for a report of shoplifting. Police observed surveillance video footage of a suspect (believed to be the defendant) stealing numerous items and leaving the store. Loss Prevention Officers confronted the suspect, as she was leaving the store but the suspect fled in her vehicle. Loss Prevention took down the license plate of the vehicle. The vehicle came back to a Brockton resident. Police questioned and showed the vehicle’s owner a photo of the suspect from the surveillance video. The vehicle’s owner identified the suspect as the Defendant. Loss Prevention Officers reported that the suspect has stolen items in the past.

Result: At the Clerk Magistrate’s Hearing, Attorney Gerald J. Noonan convinced the Clerk-Magistrate to dismiss the criminal complaint. Defendant paid restitution for the stolen items. Defendant is a 32 year-old single mother with no criminal record. She works full time at an Addiction Treatment Center and attends college at night with hopes of getting a better job in the medical field.


August 26, 2016
Commonwealth v. J.W.
New Bedford District Court

THREATS TO COMMIT CRIME:  DISMISSED at CLERK’S HEARING

The defendant went to business to donate two mattresses. After the defendant unloaded the mattresses, an employee informed the defendant that the business does not accept mattresses with box springs. According to the employee, the defendant became angry and threatened him by saying, “Is this worth it? Do you want me to kick your ass?” The employee told the defendant that he was reporting the threat to his manager. When the employee returned with his manager, they observed the defendant leave in his pickup truck. The employee called the police, reported the threat, and provided police with the license plate of the pickup truck. The defendant was charged with Threats to Commit a Crime for making the threat to the employee.

Result: At a Clerk Magistrate Hearing, Attorney Gerald J. Noonan argued that the alleged victim misunderstood the defendant’s statement and took it out of context. In actuality, the defendant said to the employee, “Is this worth it? I don’t want to get into a fight over this.”  As Attorney Noonan argued, this statement does not constitute a “threat” under the law because the defendant did not “express an intent to injure” the employee. Based on Attorney Gerald J. Noonan’s arguments, the clerk magistrate dismissed the criminal complaint.


July 21, 2016
Commonwealth v. K.R.
Waltham District Court

IMPROPER STORAGE of FIREARM:  DISMISSED AT CLERK’S HEARING

Defendant was a retired 62 year-old grandfather of three with no criminal record. It was alleged that the Defendant negligently left his loaded revolver in a public bathroom.

Result: At a Clerk Magistrate Hearing, Attorney Gerald J. Noonan persuaded the Clerk-Magistrate not to issue the criminal complaint against his client. The Clerk-Magistrate accepted Attorney Gerald J. Noonan’s proposal to dismiss the criminal complaint after six-months, so long as the Defendant does not commit any offenses. The criminal complaint will be dismissed on January 21, 2017, so long as the Defendant does not commit any new offenses. 


July 6, 2016
Commonwealth v. T.B.
Commonwealth v. A.P.

MINOR POSSESSING ALCOHOL:   DISMISSED PRIOR TO ARRAIGNMENT

Client #1 (19 years old) and Client #2 (18 years old) were pulled over for driving without any headlights. The officer observed alcohol scattered throughout the interior of the vehicle including: an open and empty 30 pack of beer, two full 12 pack of beer, an empty cup containing alcohol residue, and empty 12 oz. can under the passenger seat. Although the driver (Client #1) emitted an odor of alcohol from his breath, he passed all field sobriety tests. The passenger (Client #2) was clearly intoxicated. Due to their signs of intoxication and the large quantity of alcohol found in the vehicle, both clients were placed under arrest and charging with being minors in possession of alcohol.

Result: Attorney Gerald J. Noonan entered into an agreement with the District Attorney’s whereby the clients’ cases would be dismissed prior to arraignment, so long as they completed community service. On 07/07/16, both criminal cases against both clients were dismissed prior to arraignment. The clients’ were freshmen in college and had no prior criminal records. With this outcome, no criminal charges will appear on the clients’ criminal records


June 9, 2016
Commonwealth v. B.H.
New Bedford District Court

ASSAULT & BATTERY:  DISMISSED / RELEASED FROM JAIL
A & B with DANGEROUS WEAPON: DISMISSED / RELEASED FROM JAIL
DESTRUCTION OF PROPERTY:  DISMISSED / RELEASED FROM JAIL

Defendant’s girlfriend called 911 to report that she had been assaulted by the Defendant and she was bleeding. The girlfriend told police that the Defendant started a verbal argument and he pushed her into a fish-tank causing the glass from the fish-tank to shatter. The girlfriend told police that pieces of the shattered glass were lodged in her body. She attempted to call 911 but the Defendant threw her cell phone to the ground and fled the apartment. Police observed the Defendant running in the area and they arrested him. Defendant was charged with Assault & Battery, Assault & Battery with a Dangerous Weapon, and Malicious Destruction of Property. Defendant was arraigned on these charges and released on personal recognizance.

While his case was pending, Defendant was arrested and charged with Assault & Battery (subsequent offense) and Malicious Destruction of Property stemming from a completely separate incident with his family. Police were dispatched to the residence of the Defendant’s parents for an Assault & Battery. Upon arrival, Defendant’s brother told police that the Defendant had punched him in the face. Police observed redness and swelling to the brother’s face. Defendant’s mother told police that the Defendant attacked her by grabbing her hair and attempting to push her down. Defendant’s father told police that the Defendant wrestled him to the ground. Police observed that the father had redness to his back and neck. The new offenses were eventually dismissed for lack of prosecution.

Because the Defendant committed these new offenses while his previous case was pending, the Commonwealth moved to revoke the Defendant’s bail. On 04/20/16, the Court revoked the Defendant’s bail and the Defendant was placed in custody. Defendant was facing 90 days in the house of correction because his bail was revoked by virtue of the new offenses.

Result: Defendant retained Attorney Gerald J. Noonan while he was in custody at the house of correction. Immediately, Attorney Gerald J. Noonan marked the original case for trial. Attorney Gerald J. Noonan obtained exculpatory text messages sent to the Defendant’s cell phone by his ex-girlfriend, the alleged victim – as well as exculpatory voice mails left on the Defendant’s cell phone by the alleged victim. Attorney Gerald J. Noonan located a witness who had been in a relationship with the alleged victim. This witness was willing to testify that the alleged victim had made threats to falsely accuse of him of crimes if she didn’t receive certain things in return from the witness. That is, if the witness did not comply with her demands, she would call the police and falsely accuse him of a crime. This was precisely the situation in the Defendant’s case. In the Defendant’s case, the alleged victim called 911 and falsely accused the Defendant of these crimes because the Defendant was unwilling to give in to the alleged victim’s demands. The evidence obtained by Attorney Gerald J. Noonan presented Fifth Amendment issues for the alleged victim because she would have incriminated herself when testifying against the Defendant at trial. On the day of trial, all criminal charges were dismissed and the Defendant was released from custody.


June 7, 2016
Commonwealth v. R.S.
Fall River District Court

DANGEROUSNESS HEARING: RELEASED FROM CUSTODY

Fall River Police were dispatched to the scene of a motor vehicle crash involving two vehicles. Officers observed front-end damage to the Defendant’s vehicle. Officers observed rear-end damage to the second vehicle. The operator of the second vehicle told police that he pulled over to the right-hand side of the road to take a phone call when he was rear-ended by the Defendant’s vehicle. The other operator had to assist the Defendant from his vehicle. The other operator told police that he believed the Defendant to be intoxicated. Upon speaking with the Defendant, police immediately observed a strong odor of alcohol, glazed eyes, and slurred speech. Defendant agreed to participate in field sobriety tests. Defendant failed all the field sobriety tests. Defendant was placed under arrest for OUI-Liquor, Negligent Operation, and Marked Lanes Violation. During booking, police discovered that the Defendant had three prior convictions for OUI-Liquor with the most recent conviction being in 2015. Defendant was arraigned on the charge of OUI-Liquor Subsequent Offense. Because this was the Defendant’s fourth offense for OUI-Liquor, the Commonwealth moved to have the Defendant held in custody during the pendency of his case under the Dangerousness Statute. The Commonwealth argued that: based upon the nature of the offense and the Defendant’s criminal history, no conditions of release would reasonably assure the safety of the community. If successful, the Defendant could be held in custody for up to 180 days.

Result: At the conclusion of the dangerousness hearing, Attorney Gerald J. Noonan was successful in persuading the court to release the Defendant from custody. Attorney Gerald J. Noonan argued that there were conditions that the court could impose that would reasonably assure the safety of the community. Attorney Gerald J. Noonan advocated that the court impose certain strict conditions that would reasonably assure the safety of the community. The Judge adopted Attorney Noonan’s recommendation and released the Defendant upon certain strict conditions. As a result, Attorney Gerald J. Noonan saved his client from serving considerable jail time (up to 180 days), as his case was pending.


June 2, 2016
Commonwealth v. M.M.
Boston Municipal Court

DISTURBING THE PEACE:  DISMISSED PRIOR TO ARRAIGNMENT
TRESPASSING: DISMISSED PRIOR TO ARRAIGNMENT

Boston police were dispatched for a large fight in progress outside a night club. Upon arrival, officers had to immediately intervene to break up the large fight. Defendant was involved in the large fight. Police broke up the large fight and ordered that everyone disperse from the area. An officer specifically told the Defendant to leave the area. Defendant ran around the officer and attacked another party who he had been fighting with prior to police arriving. Defendant was placed under arrest. The Defendant was born, raised, and permanently resides in Saudi Arabia. This incident occurred when the Defendant was in the United States visiting friends. Defendant was a full time college student at the time attending a University in Canada majoring in Bilingual Business Economics.

Result: Prior to the Defendant’s arraignment, Attorney Gerald J. Noonan amassed a wealth of evidence attesting to his client’s outstanding character and submitted it to the DA’s Office requesting that the criminal charges be dismissed prior to arraignment. Attorney Noonan provided the DA’s Office with letters from three different companies where the Defendant had completed internships. Defendant completed internships with worldwide marketing companies. All letters attested that the Defendant was a very responsible, loyal, and hard-working intern. Attorney Noonan submitted the Defendant’s college transcripts showing that he was an honor student. After considering all the favorable information provided by Attorney Gerald J. Noonan, the DA’s Office agreed to dismiss the criminal complaints prior to arraignment. This was a considerable victory because the Defendant was a college student with a great future ahead of him and these criminal charges will not appear on his record.


May 24, 2016
Commonwealth v. K.W.
New Bedford District Court

ASSAULT & BATTERY:  PRETRIAL PROBATION
DISORDERLY CONDUCT:        PRETRIAL PROBATION

Police at UMASS-Dartmouth were on patrol when they heard yelling and observed a fight in progress outside a college apartment. The fight involved a large number of people. Immediately, an officer attempted to stop the fight by identifying himself as a police officer and ordering the parties to stop. Upon his command, the majority of the crowd dispersed and ran away. Despite his commands, the officer observed two males on top of a male victim and they were punching and kicking the victim. The two male aggressors and the male victim all ran away, as the officer approached them. Officers pursued the males in a foot chase. Officers eventually apprehended the Defendant but were unable to catch the other parties. At the station, Defendant admitted to consuming 6-8 beers. Officers observed blood and markings on the Defendant’s knuckles. Defendant told police that he observed a fight break out involving his friend. Defendant stated that he intervened to break up the fight and assist his friend. Defendant admitted to throwing punches and hitting the male victim. Defendant was immediately suspended from UMASS-Dartmouth.

Result: After his arraignment, Defendant’s parents contacted Attorney Gerald J. Noonan. Attorney Gerald J. Noonan amassed a wealth of evidence attesting to his client’s outstanding character and submitted it to the District Attorney’s Office requesting that the DA’s Office place his client on Pretrial Probation. Attorney Gerald J. Noonan submitted the Defendant’s college transcripts showing that he was an Honor Student. Attorney Noonan submitted a glowing letter of recommendation from the Defendant’s College Football Coach. In addition, Attorney Gerald J. Noonan discovered evidence showing that his client never kicked the male victim during the fight. Attorney Gerald J. Noonan worked with the Campus Police and other school officials and they supported Attorney Noonan’s request for Pretrial Probation. At his first court appearance, Attorney Gerald J. Noonan reached an agreement with the Commonwealth that the criminal charges would be dismissed upon the Defendant’s completion of community service. This was a significant victory, which allowed the Defendant to return to school the following semester and complete his college education. With this disposition, the Defendant did not have to admit guilt and the charges will be dismissed outright so long as he completes his community service.


April 2016 Case Results

April 14, 2016
Commonwealth v. W.E.
Brockton District Court

ASSAULT & BATTERY:  DISMISSED

Police were dispatched in response to a 911 in which the Defendant’s wife stated that the Defendant was intoxicated and had struck her on the side of the face. She was in fear of the Defendant. Upon arrival, she told police that the Defendant struck her on the right side of the face with an open hand. Defendant denied hitting his wife and told the police that his wife actually hit him.

Result: On the day of trial, Attorney Gerald J. Noonan argued a Motion to Dismiss the criminal complaint on the basis that the Defendant’s wife would be asserting her marital privilege not to testify against the Defendant, and that the Commonwealth had no other evidence upon which to try and convict the Defendant. Attorney Gerald J. Noonan’s Motion to Dismiss was allowed and the criminal charge was dismissed against his client, a computer technician with no prior criminal record.


April 4, 2016
Commonwealth v. K.S.
New Bedford District Court

ASSAULT & BATTERY:  PRETRIAL PROBATION

Defendant’s father called 911 to report a fight between the Defendant and his 16 year-old younger brother. The father reported that the Defendant charged at his younger brother and they began fighting on the floor. The father pointed out that the Defendant outweighs his younger brother by 100 lbs. The father intervened to protect his younger son from the Defendant and the father had to punch the Defendant in the face to break up the fight. The younger brother told police that the Defendant pushed his finger into his eye socket multiple times. Police observed that the younger brother had redness to his left eye and redness around his mouth. The parents made written statements to police. All parties (father, mother, brother) stated that the Defendant has an anger problem and needs help for his anger issues.

Result: Attorney Gerald J. Noonan persuaded the Commonwealth to place his client on pretrial probation for one-year with the condition that he undergoes counseling to address the concerns of his family members. If the Defendant abides by the conditions, the criminal charge will be dismissed after one-year and the Defendant will not have to admit guilt.


March 28, 2016
Commonwealth v. N.P.
Quincy District Court

LEAVING THE SCENE: DISMISSED
UNLICENSED OPERATION: DISMISSED
FAILURE TO USE CARE:  NOT RESPONSIBLE

Defendant was involved in a motor vehicle accident in which he rear-ended a vehicle pushing that vehicle into the vehicle in front of it. The driver of the front vehicle was injured and taken to the hospital by ambulance. Defendant approached the injured driver but the driver refused to speak to him. Defendant gave his name and information to the driver of the other vehicle involved in the chain collision. Defendant properly reported the accident to his insurance company. Defendant was charged by criminal complaint with Leaving the Scene of an Accident causing Personal Injury, Failure to Use Care in Stopping, and Operating a Vehicle without a License.

Result: Attorney Gerald J. Noonan requested a Clerk-Magistrate’s Hearing on the criminal complaints. Attorney Gerald J. Noonan argued that the Defendant took appropriate steps in making himself known and providing his information to the injured motorist. Attorney Gerald J. Noonan persuaded the clerk-magistrate not to issue the criminal complaints.


March 8, 2016
Commonwealth v. S.B.
Stoughton District Court

LARCENY over $250: DISMISSED
LARCENY over $250: DISMISSED
LARCENY over $250: DISMISSED
LARCENY over $250: DISMISSED
LARCENY over $250: DISMISSED
UTTER FALSE CHECK:  DISMISSED
UTTER FALSE CHECK:  DISMISSED
UTTER FALSE CHECK:  DISMISSED
UTTER FALSE CHECK:  DISMISSED
UTTER FALSE CHECK:  DISMISSED

Defendant owned and operated his own business manufacturing wood products. Defendant’s business would purchase wood materials from a vendor-company. The company alleged that they engaged in five separate transactions with the Defendant. The company alleged that they provided the Defendant with wood materials in these five separate transactions. The company alleged that they sent invoices to the Defendant with regards to these five separate transactions. All invoices were for an amount greater than $250. With each invoice, the company alleged that they received a business check from the Defendant, which was returned due to insufficient funds. The company claimed that they attempted to contact the Defendant regarding the returned checks but were unsuccessful. The company claimed that they sent a certified demand letter to the Defendant demanding payment for all five business transactions. The company went to the police department with all the documentation (invoices, business checks, bank records, and demand letter).

Result: Defendant was summonsed to court where he was arraigned on 10 felony charges. Defendant then retained Attorney Gerald J. Noonan. At his first court appearance, Attorney Gerald J. Noonan got all 10 felony charges dismissed against his client, a business owner with no criminal record.


March 3, 2016
Commonwealth v. C.R.
Brockton District Court

LARCENY over $250: DISMISSED

Defendant was an employee at a retail store. Defendant was alleged to have made two fraudulent transactions totaling over $250. Defendant admitted to Loss Prevention and Police that she made the two fraudulent transactions.

Result: At the arraignment, Attorney Gerald J. Noonan was able to get the criminal charge dismissed.


February 23, 2016
G.C. v. T.G.
Uxbridge District Court

209A RESTRAINING ORDER: VACATED

Defendant’s ex-fiancé obtained a temporary restraining order against him pursuant to Chapter 209A alleging that: Defendant abused her, Defendant stalked her, and Defendant threatened her. Attorney Gerald J. Noonan contested the restraining order and requested a two-party hearing such that Attorney Noonan could cross-examine the Plaintiff and present evidence on the Defendant’s behalf. At the hearing, Attorney Noonan attacked the Plaintiff’s credibility by introducing evidence that she had prior restraining orders issued against her by an ex-boyfriend. Attorney attacked her credibility by presenting evidence that the Plaintiff had criminal complaints lodged against her by an ex-boyfriend for Assault with a Dangerous Weapon (hammer), Domestic Assault & Battery, Breaking & Entering, and Malicious Destruction of Property. Attorney Noonan argued that the Plaintiff had a pattern of volatile behavior in dating relationships and that she was repeating such behavior in the aftermath of her relationship with this Defendant. At the hearing, the Plaintiff did not contest the prior restraining orders or criminal charges. Attorney Noonan established that the Defendant did not abuse the Plaintiff during or after their relationship. Attorney Noonan introduced letters and e-mails sent to the Defendant by the Plaintiff in which she thanks the Defendant for getting her gifts. Attorney Noonan showed that the Defendant bought a Jeep for the Plaintiff and when the Defendant broke off the relationship he demanded the return of the Jeep and she refused. Defendant threatened to call the police if the Plaintiff did not return the Jeep.

Result: Attorney Gerald J. Noonan thoroughly attacked the credibility of the alleged victim and established that the Defendant did not “abuse” the Plaintiff. At the conclusion of the hearing, the judge vacated the restraining order.


February 17, 2016
Commonwealth v. D.G.
Attleboro District Court

POSS. INTENT TO DISTRIBUTE: DISMISSED
POSS. CLASS B: PERCOCET: DISMISSED
POSS. CLASS C: ADDERALL: CWOF (Admin. Probation)

The DEA, Bristol County Drug Task Force, and Mansfield Police conducted a 6 year investigation into the Defendant’s drug activities. In 2009, police had a confidential informant engage in two controlled buys with the Defendant for Percocet and Oxycodone. The investigation re-launched in 2015 with another confidential informant. This informant provided police with information concerning the Defendant’s selling of prescription pills. This confidential informant engaged in two controlled buys with the Defendant for Oxycodone. Police obtained a search warrant for the Defendant’s apartment and motor vehicle. At the Defendant’s apartment, police recovered 48 blue pulls, 2 white pills, and 114 orange pills. $5,000 in cash was found in the Defendant’s vehicle. During questioning, Defendant admitted that he had Adderall pills in his storage locker. Attorney Gerald J. Noonan filed an extensive discovery motion seeking pointed information into the confidential informant’s used by the police in this 6-year investigation. When Attorney Noonan appeared for a hearing on the Discovery Motion, the Commonwealth offered to dismiss the felony Intent to Distribution charge and the Possession of Class B Percocet charge. The Commonwealth offered the Defendant a continuance without a finding on the Possession of Adderall charge, the least serious of all the charges. The Defendant was placed on administrative probation with no terms or conditions for one-year.

Result: Attorney Gerald J. Noonan gets felony Intent to Distribute charge and misdemeanor Possession of Class B Percocet charges dismissed. Defendant receives a continuance without a finding on the least serious charge of Possession of Adderall. Defendant was placed on administrative probation for one-year with no terms or conditions. Client was very pleased with the outcome of his case.


February 11, 2016
Commonwealth v. N.G.
Brockton District Court

ASSAULT & BATTERY: DISMISSED AT TRIAL

Defendant’s boyfriend called 911 and he reported that the Defendant bit him and that the Defendant had a knife in her hand. The boyfriend stated that they were having an argument over finances when the Defendant bit him and retrieved a knife at which point the victim left the apartment and called 911. Police were dispatched to the residence and they placed the Defendant under arrest for Domestic Assault & Battery.

Result: Attorney Gerald J. Noonan prepared the case for trial. At trial, the alleged victim failed to appear. Attorney Gerald J. Noonan argued that the Commonwealth would not be able to introduce the 911 call into evidence, as the 911 call did not meet the necessary rules of evidence. Without the victim’s testimony and without the 911 call, the Commonwealth was forced to dismiss the case.


January 7, 2016
Commonwealth v. C.M.
Brockton District Court

OPEN & GROSS LEWDNESS: NOT GUILTY

Defendant was charged with the felony offense of Open & Gross Lewdness. The allegations were that the Defendant, a senior in high school, was sitting on the school bus on the way home from school when another student observed him expose his penis and masturbate on the school bus. There was evidence that the Defendant had previously masturbated on the school bus on approximately three prior occasions. One student told police that she observed the Defendant masturbate on the school bus on two separate occasions. Another student told police that she observed the Defendant masturbate on the school bus on at least one occasion. Prior to this incident, one student reported to the school that the Defendant masturbated in class. Defendant admitted to school officials that he did masturbate in class as reported. At trial, Attorney Patrick J. Noonan persuaded the trial judge to exclude these “prior bad acts” from evidence. As a result, the Commonwealth was prohibited from introducing any evidence of the prior instances in which the Defendant allegedly masturbated on the school bus and in class. At trial, Attorney Gerald J. Noonan cross-examined the alleged victim who claimed that she saw the Defendant’s penis exposed on the school bus, and that she observed the Defendant masturbating on the school bus. Attorney Gerald J. Noonan introduced into evidence a videotape of the actual bus ride and highlighted all the inconsistencies in the victim’s testimony in comparison to what was shown on the videotape. Attorney Gerald J. Noonan pointed out that the victim did not look over at the Defendant during the bus ride, which was contrary to her trial testimony. Attorney Noonan established that the victim looked out the window or looked straight ahead during the bus ride and didn’t look over at the Defendant as she claimed. The victim testified that she looked over at the Defendant and saw him masturbate when a student behind her tapped her on the shoulder. When she was tapped on the shoulder she turned her head to say hello to the student behind her and that’s when she observed the Defendant masturbating. Attorney Noonan impeached the victim by pointing out that the student behind her pulled her hair and didn’t tap her on the shoulder. Attorney Noonan established that the only time she looked over at the Defendant was when the student behind her pulled her hair and she reacted by turning her head in the Defendant’s direction. Attorney Noonan established that it was in a split-second (when she turned her head in reaction to her hair being pulled) that she allegedly saw the Defendant masturbating. Attorney Gerald J. Noonan pointed out that the victim did not tell anybody on the bus that she saw the Defendant’s penis or him masturbating. Defendant got off the school bus before the victim yet the victim did not report the incident to anyone on the school bus after the Defendant got off the bus. The victim testified that she was offended by what she saw. However, as Attorney Noonan pointed out, the videotape did not show any reaction from the victim after she allegedly saw another student expose his penis and masturbate.

Result: At the conclusion of the Commonwealth’s evidence, Attorney Gerald J. Noonan moved the judge for a Required Finding of Not Guilty arguing that the Commonwealth failed to present sufficient evidence to support each element of the offense. The trial judge agreed and entered a required finding of Not Guilty on the felony offense of Open & Gross Lewdness.

2015 Case Results for Gerald J. Noonan


December 23, 2015
Commonwealth v. E.P.
Attleboro District Court

OUI-THIRD OFFENSE: REDUCED TO SECOND OFFENSE

Defendant was arrested and charged with Operating under the Influence of Liquor this being his third offense. The Defendant was operating his vehicle when he struck two parked cars. Defendant admitted to consuming alcohol and failed all field sobriety tests. Defendant had been previously convicted of two prior OUI offenses. A third offense OUI is a felony. With this offense, there is a minimum mandatory jail sentence of 150 days or five months.

Result: Attorney Gerald J. Noonan persuaded the District Attorney’s Office to reduce the third offense OUI to a second offense OUI thus saving his client from serving a mandatory jail sentence of five months. The Defendant was placed on probation and ordered to undergo alcohol treatment in lieu of a jail sentence. If convicted, Defendant would have lost his job. If convicted, Defendant’s family would have suffered greatly, as they would have no other means of financial support.


December 21, 2015
Commonwealth v. D.F.
Attleboro District Court

OUI-LIQUOR (0.124% BAC): NOT GUILTY
NEGLIGENT OPERATION: NOT GUILTY

On January 17, 2013, at approximately 1:30 a.m., a police officer claimed he was traveling on West Main Street when he observed the Defendant’s vehicle traveling in front of him. The officer claimed that the Defendant’s vehicle was speeding and that the Defendant’s vehicle took an abrupt right hand turn into a parking lot. The officer claimed that the Defendant’s vehicle then exited the parking lot at an excessive rate of speed. The officer then claimed that the Defendant’s vehicle was traveling erratically and failed to use a turn signal. Attorney Gerald J. Noonan established that the officer’s observations of the Defendant’s operation were incredible. First, the officer was in no position to observe that the Defendant’s vehicle was speeding and he was in no position to see the Defendant’s vehicle make an abrupt turn into the parking lot. Attorney Noonan established that this officer was not traveling behind the Defendant’s vehicle. Rather, the officer was traveling in the oncoming direction / lane when he happened to observe the Defendant’s vehicle. Second, the officer had no basis upon which to determine that the Defendant’s vehicle was speeding or traveling in excess of the posted speed limit. The officer simply believed that the Defendant’s was speeding when he passed him in the oncoming direction. The officer turned around to follow the Defendant’s vehicle. When the officer turned around, he was not traveling directly behind the Defendant’s vehicle. Rather, the officer was several cars behind the Defendant and was in no position to make any observations of erratic operation. It was established that this officer was not the officer that conducted the stop of the Defendant’s vehicle. A different officer made the stop based on the other officer’s observations. Attorney Noonan established that the stopping officer made no observations that would warrant a stop of the Defendant’s vehicle. Rather, the stopping officer relied on the observations of the first officer. The stopping officer did not even write a police report with regards to the case. Attorney Noonan argued that the stop of the Defendant’s vehicle was pre-textual. Specifically, Attorney Noonan argued that the officer pre-determined that he would stop the Defendant’s vehicle because it was seen exiting a bar at 1:30 a.m. Defendant admitted to consuming “four beers” at the bar but the officer omitted the Defendant’s statements that he consumed the beverages over course of several hours. The officer claimed that the Defendant’s eyes were red, bloodshot and glassy. Attorney Noonan introduced a color photo of the Defendant’s booking photograph, which contradicted the officer’s testimony in that the color booking photo did not show that the Defendant’s eyes were red, bloodshot, or glassy. The officer claimed that the Defendant’s speech was thick and slurred. The officer claimed that the Defendant’s vehicle smelled strongly of alcohol. The officer claimed that the Defendant failed the Nine Step Walk and Turn and the One Legged Stand Tests. Attorney Noonan established that the Defendant was not a very coordinated individual. Defendant had poor posture with a hunched back. Defendant was bow-legged and walked with his feet facing outward. Defendant had difficulty walking in a straight line and balancing not because he was intoxicated but because he was not a very coordinated person. Prior to trial, Attorney Gerald J. Noonan suppressed from evidence the results of the Defendant’s breathalyzer test, which was 0.124%.

Result: After a jury trial, Attorney Gerald J. Noonan won Not Guilty Verdicts on all charges, including OUI-Liquor and Negligent Operation.


December 15, 2015
Commonwealth v. Juvenile
Attleboro Juvenile Court

ASSAULT & BATTERY on PREGNANT WOMAN: PRETRIAL PROBATION

Juvenile was a high school student. In class, his teacher disciplined him repeatedly causing the Juvenile to become upset. After class, the Juvenile grabbed the teacher’s hand for a hand shake. During the handshake, the Juvenile twisted her arm in an unnatural way causing the teacher “extreme pain” in her wrist and arm. The handshake pulled the teacher’s body downward. The teacher called out in pain and the Juvenile ran away. The Juvenile admitted to the Dean of Students what the teacher had reported. The teacher was visibly five and one-half months pregnant. The Juvenile was aware that the teacher was pregnant. The Dean of Students suspended the Juvenile for 10 days. The Juvenile had an extensive disciplinary record, including a violation physical altercation with school staff. At the time of this incident, the Juvenile had an open criminal case for being a minor in possession of alcohol.

Result: On the first court date, Attorney Gerald J. Noonan convinced the prosecutor to place the Juvenile on pretrial probation for six-months with the condition that the Juvenile enroll in and complete the Bridging the Gap Youth Program. Upon the successful completion of probation, the aggravated felony charge of Assault & Battery on a Pregnant Woman, and the misdemeanor charge of Minor in Possession of Alcohol will be dismissed.


December 7, 2015
Commonwealth v. K.S.
Quincy District Court

NEGLIGENT OPERATION: DISMISSED at CLERK’S HEARING

Randolph Police were dispatched to a motor vehicle accident involving a vehicle striking a utility pole. Upon arrival, Defendant stated that something ran into the roadway and he swerved to avoid hitting the object and he could not recall what happened after that. Police observed that there was extensive damage to the utility police – specifically, the utility pole had been completely snapped in half, electrical wires were down, and traffic had to be shut down. Police also observed that there was heavy front-end damage to the Defendant’s vehicle. Based on the extent of the damage to the utility pole and the Defendant’s vehicle, police charged him with Negligent Operation. Defendant is 21 years-old. He has no criminal record. He is currently in college studying criminal justice with aspirations of becoming a police officer. For over three years, Defendant has worked security at the Harvard Vanguard Hospital.

Result: At the clerk magistrate’s hearing, Attorney Gerald J. Noonan convinces the clerk-magistrate to dismiss the criminal complaint due to insufficient probable cause.


December 1, 2015
Commonwealth v. A.A.
Brockton District Court
Docket No.: 1515 CR 4306

OPERATING w/ SUSPENDED REGISTRATION: DISMISSED at CLERK’S HEARING
UNINSURED MOTOR VEHICLE: DISMISSED at CLERK’S HEARING
UNREGISTERED MOTOR VEHICLE: DISMISSED at CLERK’S HEARING

While monitoring traffic, Police ran the registration on the Defendant’s vehicle and found that the Defendant’s insurance was revoked. Police pulled the Defendant over and he admitted that his vehicle was not registered and not insured. Defendant had a bad driving record. In 2004, his driver’s license was revoked for one-year for operating to endanger. In 2005, his license was suspended. In 2006, his license was revoked for 60 days due to surchargable events. In 2007, his license was revoked for 60 days.

Result: On the first court appearance, Attorney Gerald J. Noonan convinced the prosecutor to dismiss all charges against his client.


November 13, 2015
Commonwealth v. B.K.
Fall River District Court

LARCENY FROM PERSON: DISMISSED
CONSPIRACY TO COMMIT LARCENY: DISMISSED

Police received a 911 call from an Ice Cream Shop reporting that a male party attempted to steal the tip jar on the counter in front of the service window. The clerk caught the Defendant in the act of stealing the tip jar and he dropped the tip jar and ran out of the store. The caller provided a very specific description of the male including his clothing. A second 911 call came in from the owner of the Ice Cream Shop. She was pursuing the male suspect in her vehicle and reported that he was hiding in the woods. Police pursued the male party in the woods and located him with a K-9. The witnesses identified the male party in the woods as the person who attempted to steal the tip jar. At the police station, Defendant admitted to trying to the steal the tip jar. Defendant stated that he conspired with another person to commit a larceny at the Ice Cream Shop. The other party was the get-a-way driver who fled the scene when the Defendant ran out of the store.

Result: At his first court appearance, Attorney Gerald J. Noonan was able to get the Larceny from Person and Conspiracy charges dismissed.


September 3, 2015
Commonwealth v. P.C.
Falmouth District Court

OUI-LIQUOR (subsequent offense): NOT GUILTY

A Bourne Police Officer conducting radar patrol on the highway detected the Defendant’s vehicle traveling at 86 mph and stopped his vehicle. The officer approached the Defendant on the driver’s side. The officer noticed that Defendant stared straight-forward when answering the officer’s questions. The Defendant admitted to consuming alcohol. When the officer asked whether the amount of alcohol he consumed would affect his ability to operate his vehicle the Defendant answered “sure.” When speaking to the Defendant outside the vehicle, the officer had to ask the Defendant repeatedly to remove his hands from his pockets. The officer noted that the Defendant was belligerent, argumentative and defiant when asked questions. The Defendant would sigh and curse. The Defendant passed the Alphabet Test. With regards to the Counting Test, the Defendant said, “You fucking do it.”

Result: After a bench trial in which Attorney Gerald J. Noonan vigorously cross-examined the officer, the judge found the Defendant Not Guilty. The Defendant was charged with second offense OUI and had a third OUI pending at the time of trial. Attorney Noonan saved his client from facing a third offense OUI.


August 13, 2015
Commonwealth v. John Doe
Taunton Juvenile Court

MALICIOUS DESTRUCTION: DISMISSED
RESISTING ARREST: DISMISSED

A homeowner called police to report that a male had just ripped off his mailbox. Upon arrival, police located the male matching the description. Upon spotting him, the male fled into the woods and police chased him. During the chase, police tackled him to the ground and the male flailed his arms striking the officer in the head and shoulder. The male broke away and continued to flee into the woods. The officer attempted to tackle him several times but the male pushed him away. Finally, the officer tackled the male to the ground and delivered two fist strikes to his head. Afterwards, police learned that the male destroyed nine mailboxes. The male, a juvenile, was charged with Malicious Destruction of Property (felony) and Resisting Arrest. The juvenile had no prior criminal record. He was a standout athlete on the football team at his high school. The juvenile met with a Marine Corp. recruiter and signed a letter of intention to enlist. If the juvenile were convicted or given of CWOF for the felony offenses, he would be disqualified from military service. Moreover, if the juvenile were placed on Pretrial Probation, he would be disqualified from military. The only disposition that would not disqualify from military serve was an outright dismissal of the charges. After much work, Attorney Gerald J. Noonan and Attorney Patrick J. Noonan persuaded the Commonwealth to dismiss all charges outright. Now, the client can pursue his dream of serving in the military.

Result: Charges dismissed outright and juvenile can now pursue his dream of enlisting in military.


July 8, 2015
Commonwealth v. L.B.
Framingham District Court

ASSAULT & BATTERY: DISMISSED
ASSAULT & BATTERY: DISMISSED

Sudbury Police were dispatched to a residence for a domestic assault. Upon arrival, the alleged victim (defendant’s husband) reported that the defendant punched him in the jaw. Police observed a red mark to the victim’s jaw. Photos were taken of the victim’s injuries. The victim claimed that the defendant assaulted him the before by kicking him. Defendant admitted to pushing her husband forming the basis for the second count of Assault and Battery.

Result: On the first court date, Attorney Gerald J. Noonan dismissed charges outright against 53 year-old caregiver of disabled daughter with no criminal record.


June 24, 2015
Commonwealth v. P.S.
Brockton District Court

ASSAULT and BATTERY: DISMISSED

Police received a 911 call from an identified caller stating that her friend (alleged victim) sounded in distress and she (caller) could hear the defendant in the background heckling her. Upon arrival, the alleged victim was crying. She stated that the defendant pushed in the window in order to get into the apartment. Police observed the glass window on the floor with the blinds ripped off. Police also observed that the front wooden door was broken. She alleged that the defendant pushed her to the floor and stuck his foot in her face yelling at her, “You’re a fucking bitch.” Police observed blood on the defendant’s hand. Defendant has a total of seven restraining orders against him, two of which are permanent. The alleged victim in this case sought and obtained a restraining order. Attorney Gerald J. Noonan filed a Motion to Dismiss arguing that the alleged victim had a fifth amendment privilege against self-incrimination should she testify against him at trial. Specifically, there was evidence (text messages) showing that the alleged victim broke the front wooden door. There was also evidence that the alleged victim punched the defendant in the face earlier. Police also observed that the alleged victim was intoxicated. Absent the alleged victim’s testimony, the Commonwealth did not have enough evidence to proceed to trial and the case was dismissed.

Result: Attorney Gerald J. Noonan gets domestic violence charge dismissed at trial.


June 11, 2015
Commonwealth v. J.R.
Brockton District Court

THREATS TO COMMIT CRIME: DISMISSED

Bridgewater Police were dispatched to a neighborhood disturbance. Upon arrival, police spoke to the alleged victim who stated that the Defendant walked into her backyard and made sexual gestures directed toward her. She told him to leave and he returned five-minutes later and threatened to kill her. Police observed that the alleged victim was crying and very alarmed. Police spoke with the Defendant who smelled of alcohol. At a clerk magistrate’s hearing, the alleged victim testified and Attorney Gerald J. Noonan called witnesses on behalf of the Defendant.

Result: Attorney Gerald J. Noonan convinced the Magistrate not to issue the complaint but to hold the matter open for a period of six-months with certain conditions. If no issues arise, the complaint will be dismissed.


June 10, 2015
Commonwealth v. M.I.
Taunton District Court

ASSAULT and BATTERY: DISMISSED

On May 8, 2015, the alleged victim (nephew of defendant) went to the Easton Police Station crying and reported that the Defendant pushed him, grabbed him from behind, wrestled with him and threatened to kill him. The alleged victim fled the house in his vehicle and went directly to the police station to report the incident.

Result: Attorney Gerald J. Noonan filed a Motion to Dismiss arguing that the alleged victim had a fifth amendment privilege against self-incrimination stemming from criminal acts he engaged in himself during the dispute and prior to the dispute. The judge dismissed the case.


April 23, 2015
Commonwealth v. I.L.
Dorchester District Court

LARCENY BY SINGLE SCHEME: PRETRIAL PROBATION

The co-defendant obtained checks from a closed checking account of a victim. The co-defendant had the checks from the closed account deposited into the defendant’s checking account. One check that was deposited into the defendant’s checking account was in the amount of $3,800. The defendant admitted to the fraud investigator to being involved in the scheme. The bank submitted surveillance footage of the transactions to the police. The co-defendant was sentenced to jail time. The defendant is 21 years-old and has no prior criminal record. He works full-time delivering pizzas and attends the culinary arts program at Massasoit. Through extensive negotiations, Attorney Gerald J. Noonan obtained a very favorable disposition for his client known as pretrial probation. On April 23, 2015, the Commonwealth placed the defendant on pretrial probation for one-year. As long as the defendant stays out of trouble, the criminal charge will be dismissed.

Result: Attorney Gerald J. Noonan persuades Commonwealth to place his client on pretrial probation for one-year at the conclusion of which the criminal charge will be dismissed if so issues arise, and Attorney Noonan saves his client from having to pay $3,800 in restitution.


April 15, 2015
Commonwealth v. B.S.
Brockton Superior Court

RAPE BY FORCE: NOT GUILTY
INDECENT ASSAULT & BATTERY: NOT GUILTY

Defendant was indicted for Rape by Force and Indecent Assault & Battery stemming from allegations that he forcibly raped and sexually assaulted his ex-girlfriend. Attorney Gerald J. Noonan and Patrick J. Noonan tried the case before a jury. At trial, Attorney Gerald J. Noonan and Attorney Patrick J. Noonan argued that the Defendant had consensual sex with the alleged victim. Attorney Noonan presented evidence of two percipient witnesses that were sleeping on a futon approximately three-feet away from the bed where the rape allegedly occurred. Attorney Noonan elicited testimony from these percipient witnesses that they did not hear the alleged victim screaming, crying, or yelling when they were in the futon three feet away, which directly contradicted the alleged victim’s testimony.

Result: After a three-day jury trial, Attorney Gerald J. Noonan and Attorney Patrick J. Noonan obtained Not Guilty verdicts on all indictments, which include Rape by Force and Indecent Assault & Battery, saving their client from a lengthy prison sentence and having to register as a sex offender. “East Bridgewater man found not guilty in Bridgewater Rape.”


March 19, 2015
Commonwealth v. R.P.
Brockton Superior Court

ASSAULT w/ INTENT TO MURDER: NOT GUILTY

Defendant was indicted for Assault with Intent to Murder stemming from allegations that he tried to murder his wife with knives he kept throwing at her. Attorney Gerald J. Noonan and Attorney Patrick J. Noonan tried the case before a jury. At trial, the Commonwealth introduced a 911 tape in which the alleged victim was screaming and crying that her husband was trying to kill her with knives he kept throwing. The Commonwealth also presented photographs of damage inside the couple’s home including stab marks in the wall, holes in the wall, furniture tossed over, and broken glass. Attorney Gerald J. Noonan and Attorney Patrick J. Noonan argued that the Defendant directed all his destruction on the house (not his wife) by throwing knives into the wall, stabbing the wall, punching holes on the wall, and tossing over furniture. During the course of his destruction, the Defendant never touched his wife, and Attorney Noonan presented evidence that the alleged victim did not sustain any injuries and never complained of any injuries.

Result: After a three-day trial, the jury found the Defendant Not Guilty of Assault with Intent to Murder, the most serious of the indictments. “Trial opens in Brockton for ex-firefighter charged with assaulting late wife.”


March 9, 2015
Commonwealth v. T.W.
Brockton District Court

ASSAULT & BATTERY: DISMISSED
ASSAULT & BATTERY w/ DANGEROUS WEAPON: DISMISSED
THREAT TO COMMIT CRIME (MURDER): DISMISSED

Brockton Police were dispatched to the Defendant’s residence after receiving a 911 call in which her husband reported that she had assaulted him with a hammer and fled the house. The husband told police that a verbal argument ensued between them and the Defendant threatened to kill him. The alleged victim stated that the Defendant same into his bedroom with a screw driver and hammer and struck him with the hammer. Police observed marks to the victim’s right shoulder. The victim took out an emergency restraining order against the Defendant, which was granted by the judge. After taking out the emergency restraining order, the victim went to spend the night at his church. The Defendant and her two sons went to the church and assaulted the victim by punching and hitting him. Attorney Gerald J. Noonan filed a pretrial Motion to Dismiss and presented an Affidavit from the victim stating that he would invoke his marital privilege and refuse to testify against his wife at trial.

Result: Attorney Gerald J. Noonan argued that, in the absence of the victim’s testimony, the Commonwealth would unable to prove the case at trial. The judge agreed and dismissed the criminal complaints.


February 26, 2015
Commonwealth v. John Doe
Plymouth Juvenile Court

TRESPASS: CWOF (9 months, admin. probation, $734.00 restitution)
VANDALISM: DISMISSED
BREAKING & ENTERING: DISMISSED
POSSESSION OF LIQUOR: DISMISSED

Plymouth Police were dispatched to a vacant residence after receiving a call that a male and female were seen walking up the driveway of the vacant home holding rocks. Police discovered 14 teenagers inside the home, including the Defendant. Police observed severe damage to the home, including trash thrown around, tagging of a red penis inside the front door, dirt in every room, pasta thrown on the kitchen floor, burned pieces of wood in the living room, a swastika painted on the bedroom wall, the words “No Jews Allowed” spray painted on the bedroom wall, testicles painted on the bedroom wall. Police arrested 14 teenagers including the Defendant. The Commonwealth estimated the damage at approximately $50,000.

Result: Attorney Gerald J. Noonan argued that there was insufficient evidence to charge his client as being a joint-venturer in the crimes, as the evidence merely showed that the Defendant was present at the scene of the crime and something more was required.


September 3, 2015
Commonwealth v. P.C.
Falmouth District Court

OUI-LIQUOR (subsequent offense): NOT GUILTY

A Bourne Police Officer conducting radar patrol on the highway detected the Defendant’s vehicle traveling at 86 mph and stopped his vehicle. The officer approached the Defendant on the driver’s side. The officer noticed that Defendant stared straight-forward when answering the officer’s questions. The Defendant admitted to consuming alcohol. When the officer asked whether the amount of alcohol he consumed would affect his ability to operate his vehicle the Defendant answered “sure.” When speaking to the Defendant outside the vehicle, the officer had to ask the Defendant repeatedly to remove his hands from his pockets. The officer noted that the Defendant was belligerent, argumentative and defiant when asked questions. The Defendant would sigh and curse. The Defendant passed the Alphabet Test. With regards to the Counting Test, the Defendant said, “You fucking do it.”

Result: After a bench trial in which Attorney Gerald J. Noonan vigorously cross-examined the officer, the judge found the Defendant Not Guilty. The Defendant was charged with second offense OUI and had a third OUI pending at the time of trial. Attorney Noonan saved his client from facing a third offense OUI.


August 13, 2015
Commonwealth v. John Doe
Taunton Juvenile Court

MALICIOUS DESTRUCTION: DISMISSED
RESISTING ARREST: DISMISSED

A homeowner called police to report that a male had just ripped off his mailbox. Upon arrival, police located the male matching the description. Upon spotting him, the male fled into the woods and police chased him. During the chase, police tackled him to the ground and the male flailed his arms striking the officer in the head and shoulder. The male broke away and continued to flee into the woods. The officer attempted to tackle him several times but the male pushed him away. Finally, the officer tackled the male to the ground and delivered two fist strikes to his head. Afterwards, police learned that the male destroyed nine mailboxes. The male, a juvenile, was charged with Malicious Destruction of Property (felony) and Resisting Arrest. The juvenile had no prior criminal record. He was a standout athlete on the football team at his high school. The juvenile met with a Marine Corp. recruiter and signed a letter of intention to enlist. If the juvenile were convicted or given of CWOF for the felony offenses, he would be disqualified from military service. Moreover, if the juvenile were placed on Pretrial Probation, he would be disqualified from military. The only disposition that would not disqualify from military serve was an outright dismissal of the charges. After much work, Attorney Gerald J. Noonan and Attorney Patrick J. Noonan persuaded the Commonwealth to dismiss all charges outright. Now, the client can pursue his dream of serving in the military.

Result: Charges dismissed outright and juvenile can now pursue his dream of enlisting in military.


July 8, 2015
Commonwealth v. L.B.
Framingham District Court

ASSAULT & BATTERY: DISMISSED
ASSAULT & BATTERY: DISMISSED

Sudbury Police were dispatched to a residence for a domestic assault. Upon arrival, the alleged victim (defendant’s husband) reported that the defendant punched him in the jaw. Police observed a red mark to the victim’s jaw. Photos were taken of the victim’s injuries. The victim claimed that the defendant assaulted him the before by kicking him. Defendant admitted to pushing her husband forming the basis for the second count of Assault and Battery.

Result: On the first court date, Attorney Gerald J. Noonan dismissed charges outright against 53 year-old caregiver of disabled daughter with no criminal record.


June 24, 2015
Commonwealth v. P.S.
Brockton District Court

ASSAULT and BATTERY: DISMISSED

Police received a 911 call from an identified caller stating that her friend (alleged victim) sounded in distress and she (caller) could hear the defendant in the background heckling her. Upon arrival, the alleged victim was crying. She stated that the defendant pushed in the window in order to get into the apartment. Police observed the glass window on the floor with the blinds ripped off. Police also observed that the front wooden door was broken. She alleged that the defendant pushed her to the floor and stuck his foot in her face yelling at her, “You’re a fucking bitch.” Police observed blood on the defendant’s hand. Defendant has a total of seven restraining orders against him, two of which are permanent. The alleged victim in this case sought and obtained a restraining order. Attorney Gerald J. Noonan filed a Motion to Dismiss arguing that the alleged victim had a fifth amendment privilege against self-incrimination should she testify against him at trial. Specifically, there was evidence (text messages) showing that the alleged victim broke the front wooden door. There was also evidence that the alleged victim punched the defendant in the face earlier. Police also observed that the alleged victim was intoxicated. Absent the alleged victim’s testimony, the Commonwealth did not have enough evidence to proceed to trial and the case was dismissed.

Result: Attorney Gerald J. Noonan gets domestic violence charge dismissed at trial.


June 11, 2015
Commonwealth v. J.R.
Brockton District Court

THREATS TO COMMIT CRIME: DISMISSED

Bridgewater Police were dispatched to a neighborhood disturbance. Upon arrival, police spoke to the alleged victim who stated that the Defendant walked into her backyard and made sexual gestures directed toward her. She told him to leave and he returned five-minutes later and threatened to kill her. Police observed that the alleged victim was crying and very alarmed. Police spoke with the Defendant who smelled of alcohol. At a clerk magistrate’s hearing, the alleged victim testified and Attorney Gerald J. Noonan called witnesses on behalf of the Defendant.

Result: Attorney Gerald J. Noonan convinced the Magistrate not to issue the complaint but to hold the matter open for a period of six-months with certain conditions. If no issues arise, the complaint will be dismissed.


June 10, 2015
Commonwealth v. M.I.
Taunton District Court

ASSAULT and BATTERY: DISMISSED

On May 8, 2015, the alleged victim (nephew of defendant) went to the Easton Police Station crying and reported that the Defendant pushed him, grabbed him from behind, wrestled with him and threatened to kill him. The alleged victim fled the house in his vehicle and went directly to the police station to report the incident.

Result: Attorney Gerald J. Noonan filed a Motion to Dismiss arguing that the alleged victim had a fifth amendment privilege against self-incrimination stemming from criminal acts he engaged in himself during the dispute and prior to the dispute. The judge dismissed the case.


April 23, 2015
Commonwealth v. I.L.
Dorchester District Court

LARCENY BY SINGLE SCHEME: PRETRIAL PROBATION

The co-defendant obtained checks from a closed checking account of a victim. The co-defendant had the checks from the closed account deposited into the defendant’s checking account. One check that was deposited into the defendant’s checking account was in the amount of $3,800. The defendant admitted to the fraud investigator to being involved in the scheme. The bank submitted surveillance footage of the transactions to the police. The co-defendant was sentenced to jail time. The defendant is 21 years-old and has no prior criminal record. He works full-time delivering pizzas and attends the culinary arts program at Massasoit. Through extensive negotiations, Attorney Gerald J. Noonan obtained a very favorable disposition for his client known as pretrial probation. On April 23, 2015, the Commonwealth placed the defendant on pretrial probation for one-year. As long as the defendant stays out of trouble, the criminal charge will be dismissed.

Result: Attorney Gerald J. Noonan persuades Commonwealth to place his client on pretrial probation for one-year at the conclusion of which the criminal charge will be dismissed if so issues arise, and Attorney Noonan saves his client from having to pay $3,800 in restitution.


April 15, 2015
Commonwealth v. B.S.
Brockton Superior Court

RAPE BY FORCE: NOT GUILTY
INDECENT ASSAULT & BATTERY: NOT GUILTY

Defendant was indicted for Rape by Force and Indecent Assault & Battery stemming from allegations that he forcibly raped and sexually assaulted his ex-girlfriend. Attorney Gerald J. Noonan and Patrick J. Noonan tried the case before a jury. At trial, Attorney Gerald J. Noonan and Attorney Patrick J. Noonan argued that the Defendant had consensual sex with the alleged victim. Attorney Noonan presented evidence of two percipient witnesses that were sleeping on a futon approximately three-feet away from the bed where the rape allegedly occurred. Attorney Noonan elicited testimony from these percipient witnesses that they did not hear the alleged victim screaming, crying, or yelling when they were in the futon three feet away, which directly contradicted the alleged victim’s testimony.

Result: After a three-day jury trial, Attorney Gerald J. Noonan and Attorney Patrick J. Noonan obtained Not Guilty verdicts on all indictments, which include Rape by Force and Indecent Assault & Battery, saving their client from a lengthy prison sentence and having to register as a sex offender. “East Bridgewater man found not guilty in Bridgewater Rape.”


March 19, 2015
Commonwealth v. R.P.
Brockton Superior Court

ASSAULT w/ INTENT TO MURDER: NOT GUILTY

Defendant was indicted for Assault with Intent to Murder stemming from allegations that he tried to murder his wife with knives he kept throwing at her. Attorney Gerald J. Noonan and Attorney Patrick J. Noonan tried the case before a jury. At trial, the Commonwealth introduced a 911 tape in which the alleged victim was screaming and crying that her husband was trying to kill her with knives he kept throwing. The Commonwealth also presented photographs of damage inside the couple’s home including stab marks in the wall, holes in the wall, furniture tossed over, and broken glass. Attorney Gerald J. Noonan and Attorney Patrick J. Noonan argued that the Defendant directed all his destruction on the house (not his wife) by throwing knives into the wall, stabbing the wall, punching holes on the wall, and tossing over furniture. During the course of his destruction, the Defendant never touched his wife, and Attorney Noonan presented evidence that the alleged victim did not sustain any injuries and never complained of any injuries.

Result: After a three-day trial, the jury found the Defendant Not Guilty of Assault with Intent to Murder, the most serious of the indictments. “Trial opens in Brockton for ex-firefighter charged with assaulting late wife.”


March 9, 2015
Commonwealth v. T.W.
Brockton District Court

ASSAULT & BATTERY: DISMISSED
ASSAULT & BATTERY w/ DANGEROUS WEAPON: DISMISSED
THREAT TO COMMIT CRIME (MURDER): DISMISSED

Brockton Police were dispatched to the Defendant’s residence after receiving a 911 call in which her husband reported that she had assaulted him with a hammer and fled the house. The husband told police that a verbal argument ensued between them and the Defendant threatened to kill him. The alleged victim stated that the Defendant same into his bedroom with a screw driver and hammer and struck him with the hammer. Police observed marks to the victim’s right shoulder. The victim took out an emergency restraining order against the Defendant, which was granted by the judge. After taking out the emergency restraining order, the victim went to spend the night at his church. The Defendant and her two sons went to the church and assaulted the victim by punching and hitting him. Attorney Gerald J. Noonan filed a pretrial Motion to Dismiss and presented an Affidavit from the victim stating that he would invoke his marital privilege and refuse to testify against his wife at trial.

Result: Attorney Gerald J. Noonan argued that, in the absence of the victim’s testimony, the Commonwealth would unable to prove the case at trial. The judge agreed and dismissed the criminal complaints.


February 26, 2015
Commonwealth v. John Doe
Plymouth Juvenile Court

TRESPASS: CWOF (9 months, admin. probation, $734.00 restitution)
VANDALISM: DISMISSED
BREAKING & ENTERING: DISMISSED
POSSESSION OF LIQUOR: DISMISSED

Plymouth Police were dispatched to a vacant residence after receiving a call that a male and female were seen walking up the driveway of the vacant home holding rocks. Police discovered 14 teenagers inside the home, including the Defendant. Police observed severe damage to the home, including trash thrown around, tagging of a red penis inside the front door, dirt in every room, pasta thrown on the kitchen floor, burned pieces of wood in the living room, a swastika painted on the bedroom wall, the words “No Jews Allowed” spray painted on the bedroom wall, testicles painted on the bedroom wall. Police arrested 14 teenagers including the Defendant. The Commonwealth estimated the damage at approximately $50,000.

Result: Attorney Gerald J. Noonan argued that there was insufficient evidence to charge his client as being a joint-venturer in the crimes, as the evidence merely showed that the Defendant was present at the scene of the crime and something more was required.

2014 Case Results for Gerald J. Noonan


November 25, 2014
Commonwealth v. M.K.
Dedham District Court

OUI-LIQUOR: NOT GUILTY

On July 8, 2013, Detective O’Connor of the Stoughton Police observed the Defendant’s vehicle traveling on Park Street / Route 27 in the town of Stoughton without any headlights on. Defendant committed a marked lanes violation and almost struck the police cruiser causing Detective O’Connor to swerve to the right in order to avoid a collision. Detective O’Connor pulled the Defendant over in a parking lot. When approached, Defendant looked at the Detective with a blank stare. She did not roll down her window. When she opened her door, the detective was “struck with an over powering odor of alcohol.” He observed that the Defendant’s eyes were bloodshot. Defendant’s speech was slurred. She could not locate her license or registration. Defendant admitted to consuming wine. Defendant had to use her vehicle and lean against the vehicle for balance. Defendant failed the one-legged stand and nine-step walk and turn. When arrested, Defendant gave a false last name. After a jury trial, Attorney Gerald J. Noonan obtained a not guilty verdict and the jury only deliberated for approximately 30 minutes. Attorney Noonan thoroughly discredited the arresting officer. In addition, Attorney Noonan showed that the Defendant’s poor performance on the field sobriety tests were due to the fact that she was wearing flip-flops, which impeded her performance. Attorney Noonan pointed out that the officer’s description of the Defendant’s vehicle, as contained in his police report, was totally wrong. Attorney Noonan presented testimony from witnesses showing that the Defendant consumed wine at her home, was not intoxicated, and left the home to pick up her niece at work in Stoughton when she was pulled over and arrested.

Result: Attorney Gerald J. Noonan gets a Not Guilty on OUI-Liquor charge.


November 14, 2014
M.W. vs. J.L.
Barnstable District Court

HARASSMENT ORDER: VACATED

In 2006, Plaintiff and his business partner formed several Florida entities for the purpose of buying, syndicating and managing a multi-million dollar commercial office building in Miami (referred to as “Property.”) In connection with buying the Property, Plaintiff issued a private (unregistered) securities offering a tenant-in-common (TIC) interests to 27 investors. 95% of the TIC owners are elderly and used their retirement monies to buy TIC interests in the Property based on the representations of Plaintiff made in the offering documents. Plaintiff’s offering promised the TIC investors fractional ownership in the Property as well as the right to receive distributions of the Property’s income. In 2007, Defendant paid $2 million to invest in the Property and became the largest of all TIC owners with an 18.67% TIC interest in the Property. Plaintiff controlled the Property’s bank accounts and handled all aspects of the Property’s financial management, including what was disclosed to the TIC’s. By the end of 2010, most of the TIC owners, including Defendant, became suspicious of Plaintiff’s management of the Property. On December 31, 2010, the TIC’s terminated Plaintiff. By March 2011, the Property was delinquent on its mortgage, owing more than $453,000 and the Property was on the verge of foreclosure. In April 2011, another company began managing the property.

The TIC’s and Defendant retained an Attorney to investigate the Plaintiff. The Law Firm demanded production of information and cooperation from Plaintiff. In response to the Law Firm’s demands, Plaintiff’s attorney claimed that Defendant and another TIC owner were “making threats” against Plaintiff. Through its investigation, the Law Firm discovered that Plaintiff stole from the Property’s bank accounts and rents and defrauded the TIC’s in several ways that were designed to conceal the nature of the payments.

On June 24, 2014, Plaintiff obtained a Harassment Order against the Defendant alleging that the Defendant had threatened him numerous times. Specifically, Defendant sent him a threatening letter via mail, sent him many threatening e-mails, threatened him with bodily harm on the telephone, and publically defamed and slandered him on the internet. Attorney Gerald J. Noonan was hired to represent the Defendant and after a hearing the Harassment Order was vacated. Attorney Noonan established that Plaintiff’s harassment order was sought as part of an ulterior motive, such as retaliation against the Defendant, to deflect his own civil and criminal liability in the five ongoing lawsuits, to poison the ongoing civil suits against him, or to gain some sort of tactical advantage against Defendant in the civil lawsuits.

Result: Attorney Gerald J. Noonan gets Harassment Order vacated against businessman.


November 12, 2014
Commonwealth v. R.K.
Plymouth District Court

VIOLATION OF 209A: DISMISSED AT CLERK’S HEARING

Defendant’s wife took out an abuse prevention order against him stemming from an incident where the Defendant threatened his wife in the presence of their children. The 209A Order contained a provision prohibiting the Defendant from abusing his wife and from contacting his wife. Defendant was charged with violating the order by sending his wife an e-mail. At the Clerk’s Hearing, Attorney Gerald J. Noonan argued that the Defendant did not receive full notice of restraining order because the police had not served it a copy upon him yet – but rather read the terms of the order to him over the phone. Attorney Noonan argued that the Defendant did not have actual knowledge that the order contained a “no-contact” provision – but the Defendant’s understanding was that the order was to refrain from abuse.

Result: Attorney Gerald J. Noonan persuades clerk-magistrate not to issue Violation of Restraining Order charge against his client.


November 5, 2014
Commonwealth v. M.R.
Taunton District Court

NEGLIGENT OPERATION: DISMISSED upon MOTION

Client was charged with Negligent Operation stemming from an incident on August 14, 2014 in which a State Trooper observed his Mustang and another vehicle (Toyota) traveling northbound on Route 495. While the two vehicles were traveling on this major highway, the passenger in the Mustang and the operator of the Toyota were attempting to pass an object (business card) between the two vehicles by traveling side-by-side and having the parties reach their hands out the window. Attorney Gerald J. Noonan argued a Motion to Dismiss arguing that his client was entitled to dismissal of the criminal complaint because he was denied the opportunity of having a hearing before the clerk-magistrate.

Result: Attorney Gerald J. Noonan’s Motion to Dismiss was allowed and the criminal complaint was dismissed upon court costs.


August 6, 2014
Commonwealth v. S.G.
Hingham District Court

SHOPLIFTING: DISMISSED at CLERK’S HEARING

Client, 50-year-old school teacher with no criminal record, was charged with Shoplifting by concealing items at Hannaford’s in Norwell. At the Clerk’s Hearing, Attorney Gerald J. Noonan presented strong character evidence on his client’s behalf as being a highly respected educator in the town of Marshfield. The issuance of the criminal complaint would severely jeopardize the client’s employment and likely result in her termination as a school teacher.

Result: Attorney Gerald J. Noonan convinced the clerk-magistrate not to issue criminal complaint against school teacher.


June 4, 2014
Commonwealth v. A.W.
West Roxbury District Court

ASSAULT and BATTERY: DISMISSED / SEALED

Boston Police responded to a domestic disturbance in which the alleged victim reported that her boyfriend (Defendant) had punched her in the face and that he had possession of two firearms and a rifle. The alleged victim stated that the Defendant suffers from depression and had been drinking heavily all day. The alleged victim stated that the Defendant threatened her by saying, “If you don’t get out of the house I am going to shoot you” and the Defendant then punched her in the face. She then ran out of the house and called 911. Attorney Gerald J. Noonan successfully dismissed the case and sealed the criminal charge from his client’s record. This was a considerable victory given that the Defendant had no prior criminal record. He was educated in England and worked in the financial industry for years. The Defendant was seeking new employment in the financial field and the presence of the Assault and Battery charge on his record would have seriously prejudiced him getting hired.

Result: Attorney Gerald J. Noonan gets domestic violence charge dismissed outright and permanently sealed against financial advisor.


March 28, 2014
Commonwealth v. C.P.
Roxbury District Court

OPEN & GROSS LEWDNESS: DISMISSED PRIOR TO ARRAIGNMENT
RESISTING ARREST: DISMISSED PRIOR TO ARRAIGNMENT

Client, 21 year-old college student, was observed by Boston Police urinating on the Fenway Park in front of hundreds of people who were exiting the Jay-Z / Justin Timberlake concert. Officers heard pedestrians saying, “Ew, look at that. He’s peeing.” Officers observed the Defendant step away from the fence and expose his private parts to other pedestrians. Officers ordered the Defendant to stop but he took off running and was eventually apprehended. Attorney Gerald J. Noonan was successful in dismissing the criminal charges prior to his client’s arraignment and these embarrassing and serious charges will not appear on his permanent record.

Result: Attorney Gerald J. Noonan gets felony sex offense dismissed prior to arraignment saving his client from having a felony sex offense on his record.


February 20, 2014
Commonwealth v. Jane Doe
Lowell Juvenile Court

A&B with DANGEROUS WEAPON: DISMISSED PRIOR TO ARRAIGNMENT
ATTEMPT TO COMMIT A CRIME: DISMISSED PRIOR TO ARRAIGNMENT
CONSPIRACY: DISMISSED PRIOR TO ARRAIGNMENT

Winchester Police were dispatched to the hospital in response to a past assault. The alleged victim reported that he had been walking to the bank to deposit some cash when he was attacked by two people wearing masks. The second attacker was wearing brass knuckles and punched the alleged victim in the side of the head while the other assailant held him down. The first attacker’s mask fell off and the alleged victim identified him but the second attacker with the brass knuckles was never identified. The alleged victim sustained many injuries as a result of the attack and robbery, which the police photographed, including a broken nose. Defendant was charged as being a joint venturer in the armed robbery.

Result: Attorney Gerald J. Noonan gets criminal charges dismissed outright against Juvenile prior to arraignment saving his client from having these charges on her record.


February 12, 2014
Commonwealth v. C.L.
Brockton District Court

ATTEMPTED MURDER: DISMISSED
ASSAULT & BATTERY: DISMISSED
THREATS TO COMMIT MURDER: DISMISSED

Brockton Police were dispatched to a domestic violence call. The alleged victim stated that the Defendant was intoxicated and threw her to the bedroom floor and began to punch her in the face and head with a closed fist. She stated that the Defendant strangled her and she believes that she lost consciousness. The Defendant threatened to kill and the grandchild during the assault. The granddaughter witnessed the assault and called 911. Police observed that the house was in disarray with items strewn about. Police observed swelling to the face of the alleged and she was transported to the emergency room.

Result: Attorney Gerald J. Noonan gets violence offenses dismissed outright.


January 30, 2014
Commonwealth v. G.A.
Orleans District Court

INDECENT ASSAULT & BATTERY: NOT GUILTY
INDECENT ASSAULT & BATTERY: NOT GUILTY

Client, gas station owner and father of two children with no criminal record, was charged with two counts of Indecent Assault & Battery stemming from allegations from a former tenant in his apartment building in which she alleged that on diverse dates from 2008-2010 the Defendant sexually assaulted her including one incident where he allegedly pinned down the alleged victim and forcibly pressed his erect penis into her buttocks.

Result: After a three-day jury trial, Attorney Gerald J. Noonan and Attorney Patrick J. Noonan got Not Guilty verdicts on the felony sex offenses, saving their client from possible jail time and having to register as a sex offender.

2013 Case Results for Gerald J. Noonan


December 30, 2013
Commonwealth v. J.S.
Brockton District Court

ASSAULT and BATTERY: DISMISSED

Defendant was a reserve police officer for the Wareham Police Department. Defendant and his girlfriend were traveling on the highway together with the girlfriend driving when they began to argue. During the argument, Defendant became angry took her cell phone and threw it out the car window. Defendant admitted to police that he gave an open-handed back hand to his girlfriend’s right ear as she was driving. The girlfriend stated that the Defendant also threw pictures of her child out the car window, as she was driving. The girlfriend stated that the Defendant hit her in the face and head, as she was driving. Police observed that the girlfriend had a swollen right ear and a fresh abrasion and small cut behind the right ear. She also had a red mark under her left eye. Attorney Noonan filed a Motion to Dismiss and successfully dismissed the criminal complaint because there was evidence that the alleged victim had committed crimes during the course of the incident, which precluded her from testifying on Fifth Amendment grounds. Specifically, there was evidence that the alleged victim had slapped the Defendant in the face several times and punched him in the groin area during the altercation. Due to the alleged victim’s erratic behavior, the Defendant activated the emergency brake and ran out of the vehicle. Attorney Noonan presented an affidavit to the court from the alleged victim wherein she states that she intends to invoke her Fifth Amendment privilege against self-incrimination. In addition, the affidavit stated that she did not want any criminal charges to be lodged against her boyfriend and that they were undergoing counseling together to resolve their issues.

Result: Attorney Gerald J. Noonan gets domestic violence charge dismissed outright against police officer.


December 11, 2013
Commonwealth v. C.Q.
Taunton District Court

DRAG RACING: DISMISSED

A patrol officer observed two vehicles traveling south on Somerset Ave. in the town of Dighton and were speeding up, as they approached his police cruiser. Dighton Police stopped both vehicles and charged the parties with Drag Racing. Attorney Gerald J. Noonan filed a Motion to Dismiss arguing that there was insufficient probable cause to charge his client with Drag Racing under the statute. Specifically, he argued that there was no evidence that the Defendant “accelerated at a high rate of speed” or that the Defendant was “in competition with another operator.”

Result: Attorney Gerald J. Noonan gets criminal charge dismissed outright against college student.


November 29, 2013
V.A. vs. R.B.
Taunton District Court
Docket No.: 1231 AC 0648

ASSAULT & BATTERY: DISMISSED

The alleged victim was an employee and caretaker at a residential facility housing individuals with mental disorders. The Defendant is a mentally retarded and intellectually disabled resident of the facility. The alleged victim claimed that the Defendant attacked him punched him in the face, spat on him, knocked him to the ground, and punched him in the head. At the clerk magistrate’s hearing, Attorney Gerald J. Noonan examined an employee and caretaker at the facility who witnessed the incident between the alleged victim and the Defendant. Attorney Noonan elicited testimony from the witness who observed the alleged victim punching the Defendant, as he was being restrained face-down on the ground. This witness told the alleged victim to stop punching the Defendant but he continued punching the Defendant anyway. The clerk-magistrate dismissed the criminal complaint.

Result: Attorney Gerald J. Noonan persuades clerk-magistrate not to issue criminal complaint against his mentally disabled client.


August 21, 2013
Commonwealth v. M.M.
Attleboro District Court

ASSAULT: PRETRIAL PROBATION

Attleboro Police were dispatched to a domestic violence incident in progress. Defendant’s wife reported that the Defendant had placed his nine-year-old son in a headlock and squeezed his nose in an attempt to stop him from breathing. The Defendant continued to threaten the child by ripping the blankets off his bed, clenching his fist, and yelling, “You want to see what killing is?” The mother of the child called police because she was afraid for the safety of her nine-year-old son. Attorney Gerald J. Noonan successfully obtained a great disposition for his client known as pretrial probation. Specifically, if the Defendant completes a batterer’s program and does not get arrested for any new crimes, the case will be dismissed in one year.

Result: Attorney Gerald J. Noonan persuades the government to place his client on pretrial probation for one-year at the conclusion of which the criminal charge will be dismissed outright.

2012 Case Results for Gerald J. Noonan


December 18, 2012
Commonwealth v. D.R.
Stoughton District Court

POSSESSION with INTENT TO DISTRIBUTE: DISMISSED after HEARING

Stoughton Police were conducting undercover surveillance of a home known for firearms violations, drug violations, and overdoses. Stoughton Police followed a vehicle leaving the driveway of the residence. The vehicle pulled into the parking lot of a Gulf Gas Station. Stoughton Police set up a surveillance post across the street from the gas station. Stoughton Police observed the Defendant walk over to the vehicle that had been tailed by the Stoughton Police. Stoughton Police observed the Defendant walk over to the passenger side of the vehicle and engage in a hand-to-hand transaction. After observing the alleged drug transaction, Stoughton Police stopped the Defendant and conducted a pat-down frisk and recovered a plastic baggie containing 12 pills believed to be Oxycodone. After an evidentiary hearing on Defendant’s Motion to Suppress, Gerald J. Noonan and Patrick J. Noonan established that Stoughton Police did not have the reasonable suspicion necessary to stop the Defendant and conduct a pat-down frisk of his person. The court ruled that the stop and frisk of the Defendant was unconstitutional and suppressed all evidence, including incriminating statements made by the Defendant and all physical evidence found on his person (the Oxycodone pills).

Result: Attorney Gerald J. Noonan gets felony drug charge dismissed outright for constitutional violations.


August 23, 2012
Commonwealth v. R.R.
Dedham District Court

OPERATING UNDER THE INFLUENCE: DISMISSED upon MOTION
NEGLIGENT OPERATION: DISMISSED upon MOTION

Defendant was traveling on a secluded country road when he lost control of his pickup truck and crashed into a stone wall. Defendant admitted to drinking six Heineken beers at a bar and he failed all field sobriety tests. In pretrial proceedings, Attorney Noonan obtained a court-order for the prosecution to provide him with the booking video of his arrest and his color booking photo. The first time the case was scheduled for trial, Attorney Noonan moved to dismiss because the prosecution did not provide him with the booking video or booking photo. The judge continued the trial to give the prosecution another opportunity to provide defense counsel with the discovery. Attorney Noonan subpoenaed the officer responsible for maintaining the booking videos and booking photos to appear at trial. At the second trial date, the prosecution did not provide the discovery to the Defendant. In his Motion to Dismiss, Attorney Noonan argued that the criminal complaints must be dismissed because the Commonwealth lost or destroyed exculpatory evidence by willfully disobeying court orders and dodging the subpoena.

Result: Attorney Noonan’s Motion to Dismiss was allowed and all charges were dismissed outright by the judge.


July 12, 2012
Commonwealth v. I.W.
Brockton District Court

ASSAULT and BATTERY: PRETRIAL PROBATION

An identified caller contacted police and reported that she observed the Defendant and a woman inside a car in a parking lot. The civilian witness reported that she observed the Defendant pull the alleged victim’s hair and grab her arm in an attempt to prevent her from leaving the vehicle. The Defendant admitted to grabbing the alleged victim’s arm. The alleged victim reported that the Defendant did grab her arm as she was attempting to exit the vehicle. Attorney Gerald J. Noonan successfully obtained an excellent disposition for his client known as pretrial probation. Specifically, the case would be dismissed in six-month provided that the Defendant not commit any new crime.

Result: Attorney Gerald J. Noonan gets domestic violence charge dismissed against college student and saves his client from possible deportation from the U.S.


June 15, 2012
Commonwealth v. B.P.
Brockton Superior Court

RAPE OF CHILD: NOT GUILTY
RAPE OF CHILD: NOT GUILTY
RAPE OF CHILD: NOT GUILTY
RAPE OF CHILD: NOT GUILTY
INDECENT ASSAULT & BATTERY ON CHILD: NOT GUILTY
INDECENT ASSAULT & BATTERY ON CHILD: NOT GUILTY
INDECENT ASSAULT & BATTERY ON CHILD: NOT GUILTY
INDECENT ASSAULT & BATTERY ON CHILD: NOT GUILTY
DISSEMINATION OF HARMFUL MATTER: NOT GUILTY
DISSEMINATION OF HARMFUL MATTER: NOT GUILTY

Client, Marine Corps. Veteran, was charged with 11 indictments (life felonies) stemming from allegations that he forcibly raped and sexually abused the son of his ex-girlfriend. The alleged victim claimed that the Defendant started sexually abusing him at age 5 and ending when he was age 11-12. The alleged victim claimed that the Defendant forcibly raped him and had anal intercourse with the alleged victim on multiple occasions. The alleged victim claimed that the Defendant forced him to perform oral sex on the Defendant and vice versa. The alleged victim claimed that the Defendant showed him pornographic magazine and videos of adults having sex with children. On April 28, 2010, Attorney Gerald J. Noonan successfully argued a Motion to Dismiss all 11 Indictments, on the basis that the Commonwealth failed to disclose significant exculpatory evidence to the Grand Jury. The exculpatory evidence involved the alleged victim’s prior sexual conduct and his juvenile criminal convictions as a sex offender. The Commonwealth re-indicted the Defendant on all 11 indictments. At the trial, the Commonwealth sought to preclude the defense from introducing any evidence with regards to the alleged victim’s prior sexual conduct on the grounds that it violated the rape shield law. Attorney Patrick J. Noonan successfully argued that the alleged victim’s prior sexual conduct fell within an exception to the rape shield law in that the evidence was relevant to show the complainant’s bias, motive to lie, and motive to fabricate. In addition, Attorney Patrick J. Noonan convinced the judge to allow into evidence the alleged victim’s prior convictions as a sexual offender. At the trial, Attorney Gerald J. Noonan thoroughly discredited the alleged victim on the stand by showing that he accused the Defendant of rape to shine the light elsewhere and to avoid prosecution himself for committing sex offenses. Attorney Gerald J. Noonan presented evidence showing that the alleged victim was screened multiple times for sexual abuse prior to his disclosure and each time he denied being sexually abused by anyone. After a three-day trial in which the Defendant was represented by Gerald J. Noonan and Patrick J. Noonan, the jury found the Defendant Not Guilty on all 11 indictments.

Result: Attorney Gerald J. Noonan gets Not Guilty verdicts on all 11 indictments and saves his client from serving life in prison. “Man acquitted of child rape charges.”


May 10, 2012
Commonwealth v. T.M.
Brockton District Court

ASSAULT and BATTERY: DISMISSED
THREATS TO COMMIT CRIME: DISMISSED

The alleged victim went to the Brockton Police Station to report that her boyfriend (Defendant) and father of her two children assaulted her by hitting her on the left side of her face. After the assault, the alleged victim went to her parents’ home with her two children. The alleged victim reported that the Defendant called her and made threatening statements to her on the cell phone. She reported that the Defendant stated that he had a knife and unless she wanted someone to get hurt she should go with him.

Result: Attorney Gerald J. Noonan dismisses all charges due to the fact that the alleged victim asserted her Fifth Amendment privilege against self-incrimination in court.


March 7, 2012
Commonwealth v. J.W.
New Bedford District Court

THREATS TO COMMIT ASSAULT & BATTERY: DISMISSED
ASSAULT & BATTERY: DISMISSED

Alleged Victim #1 is the mother of the Defendant’s child. She told police that the Defendant that the Defendant came over to pick his son for a visit and instigated a fight with her husband and threatened to kick his ass. The husband (Alleged Victim #2) stated that the Defendant jumped out of his truck, threw his coat on the ground, and began shouting expletives at him. The Defendant also threatened to “light him up” and goaded him by saying, “Make my day.” Defendant refused the leave the property until they called the police. Later in the day, the alleged victim and her husband went to the Defendant’s house to pick up the son. She stated that the Defendant attacked her husband in the driveway by grabbing him, putting him over the trunk of the car, and repeatedly struck him in the face until the Defendant’s mother pulled him off. Police observed fresh scratches and red marks to the face of the husband, Alleged Victim #2. Police observed that Alleged Victim #2’s clothing was disheveled. Alleged Victim #2 stated that the Defendant grabbed him by the face and threw him into his car and assaulted him until the Defendant’s mother pulled him off. Alleged Victim #1 obtained an emergency restraining stating that there has been a history of threatening behavior by the Defendant. At a clerk-magistrate hearing, Attorney Gerald J. Noonan presented testimony of witnesses to the incident showing that the Defendant acted in self-defense. The mother and brother of the Defendant testified that the Defendant acted in self-defense when Alleged Victim #2 clenched his fist and raised it at the Defendant. The Defendant, in response, grabbed Alleged Victim #2 and placed his chest against the trunk of the car. Witnesses testified that the Defendant never punched Alleged Victim #2. Defendant stated that he would not let the Alleged Victim go because he felt that the Alleged Victim might attack him. Testimony was presented that the Alleged Victim claimed some responsibility in the altercation by admitting that he had made some mistakes. Testimony was presented that the Defendant remained calm, cool, and collected when the police arrived. Lastly, Attorney Noonan presented evidence that there has been a history of animosity between the parties prior to this incident.

Result: Attorney Gerald J. Noonan persuades clerk-magistrate not to issue criminal complaint against electrician.


January 30, 2012
Commonwealth v. K.Z.
Stoughton District Court

ASSAULT & BATTERY (on minor) DISMISSED
AB with DANGEROUS WEAPON (on minor) DISMISSED

Sharon Police were dispatched to a domestic dispute between the Defendant (father) and his 14 year-old son (alleged victim) who told police that his father hit him across the face with his open hands and then hit him a couple of times in the butt with a frying pan. Upon arrival, Police observed that the alleged victim was visibly shaken and sobbing. Police observed red marks on the alleged victim’s upper thigh and butt.

Result: Attorney Gerald J. Noonan gets aggravated felony charge dismissed outright.

2011 Case Results for Gerald J. Noonan


September 14, 2011
Commonwealth v. D.M.
Brockton District Court

POSSESSION OF COCAINE: DISMISSED PRIOR TO ARRAIGNMENT

Brockton Police pulled over the Defendant’s vehicle for an expired registration sticker. While preparing for a tow truck, the officer observed plastic baggie containing cocaine residue on the driver’s side floor. The officer conducted a pat-frisk of the Defendant and found a second plastic baggie containing cocaine. The Defendant admitted that the white powder was in fact cocaine. A field test showed that the substance was positive for cocaine. The cocaine in the Defendant’s pocket had an approximate weight of 0.5 grams. Attorney Gerald J. Noonan continued the arraignment and had the Defendant enroll in an outpatient substance abuse treatment program. Attorney Noonan filed a Motion to Dismiss under Chapter 111E arguing that the case should be dismissed, as this was a first-time drug offense for which the Defendant received drug treatment. Attorney Noonan tendered documentation showing that the Defendant successfully completed the outpatient drug treatment program.

Result: Attorney Gerald J. Noonan gets case dismissed prior to arraignment saving his client from having a drug charge on his record.


August 22, 2011
Commonwealth v. R.M.
Brockton Superior Court

RAPE OF CHILD: NOT GUILTY
INDECENT ASSAULT and BATTERY: NOT GUILTY

Client, 44-year-old contractor, was accused of rape and indecent assault and battery by his 11 year-old niece. The alleged victim claimed that the Defendant had filmed her taking a shower with a camera from the outside bathroom window. The parents of the alleged suspected that it was the Defendant because they discovered a “peephole” in the wall that separates the Defendant’s bedroom from the alleged victim’s bedroom. Brockton Police inspected the peep hole, which was a drill hole that appeared to be strategically placed under a shelf in the victim’s room. The alleged victim stated that her uncle (Defendant) would grab her butt very often and that if happened so many times that she couldn’t guess how many. The alleged victim disclosed an incident in which she was sleeping on the couch with the Defendant. She stated that the Defendant rubbed her stomach, unbuttoned her pants, and put his finger inside her. At trial, Attorney Gerald J. Noonan thoroughly discredited the alleged victim. Attorney Noonan introduced exhibits and a diagram showing the layout of the small living room and the couch where the alleged rape occurred. At the time of the rape, the alleged victim stated that she had been sleeping on the same couch as her younger sister and her brother was sleeping on the floor beside the couch approximately five feet away. Attorney Noonan showed that the alleged victim’s sister and brother would have seen or heard the rape because they were literally a few feet away when it happened. The alleged victim’s trial testimony was different from her interview with police. She told police that the Defendant inserted one finger into her vagina. At the trial, the alleged victim testified that the Defendant inserted “five fingers” inside her vagina. Attorney Noonan argued that inserting five fingers into the vagina of an 11 year-old female weighing approximately 70-80 pounds would be painful causing the alleged victim to cry, yell or scream out in pain. Attorney Noonan exploited the absurdity of the alleged victim’s testimony that the Defendant inserted all five fingers into her vagina and proceeded to move all five fingers back and forth inside her vagina in a rubbing motion. Meanwhile, the alleged victim remained totally quiet and her siblings sleeping feet away never heard or saw anything. In addition, had these allegations been true, Attorney Noonan argued that there would be some physical or medical evidence to corroborate that the alleged victim had been digitally raped. To make things more unbelievable, after the rape, the alleged victim got up from the couch went to the bathroom, and returned to the couch where she slept for the rest of the night. Attorney Noonan established that all the family members were home and that the alleged victim passed her parent’s bedroom to and from the bathroom and decided not to disclose anything to them at that time. Attorney Noonan argued that it didn’t make any sense that a girl having been digitally raped for over two minutes with five fingers by a grown man would then decide to return back to the same couch and sleep beside the person who had just raped her. The jury only deliberated for about two hours and found the Defendant Not Guilty on all indictments.

Result: Attorney Gerald J. Noonan gets Not Guilty verdicts in Child Rape case saving his client from serving life in prison. “Brockton man found not guilty of charges of child rape, indecent assault.


July 26, 2011
Commonwealth v. R.K.
Dedham District Court

OUI-LIQUOR: DISMISSED

A State Trooper observed the Defendant speeding on Route 95 and clocked his speed at 82 mph. The Trooper observed the vehicle weaving and swerving and initiated a motor vehicle stop. The Trooper had to sound his air horn several times, sound his siren several times, and use his PA system several times to get the Defendant to pull over. The trooper detected an odor of alcohol and observed that the defendant’s eyes were glassy and bloodshot and that his speech was slurred and thick-tongued. The Defendant repeated the same number three times on the counting test. Defendant consented to a breathalyzer test and registered a blood alcohol content of 0.11. Attorney Gerald J. Noonan filed discovery motions to obtain all periodic testing and maintenance logs for the breath test machine because the Defendant’s first attempt at the breath test was terminated because the machine registered an “interference.” The case was scheduled for trial four times and Attorney Noonan appeared ready for trial each time. On the last trial date, Attorney Noonan filed a Motion to Dismiss on the basis that the Commonwealth failed to comply with court orders to provide the Defendant with the breathalyzer discovery, which was exculpatory because the BT machine malfunctioned during the Defendant’s first attempt to provide a sample.

Result: Attorney Gerald J. Noonan gets OUI-Liquor charge dismissed against business executive.


July 13, 2011
Commonwealth v. W.L.
Brockton District Court

CRIMINAL HARASSMENT: DISMISSED
CRIMINAL HARASSMENT: DISMISSED

Client, a retiree, was accused of posting nasty, damaging, and vulgar comments about two victims on Craig’s List on multiple occasions causing the victims to suffer emotional distress. An administrative subpoena to Craig’s List linked the client’s IP address to the postings. Defendant admitted to police that he posted the comments about the victims.

Result: Attorney Gerald J. Noonan convinces clerk-magistrate not to issue the harassment charges against his client.


June 22, 2011
Commonwealth v. S.F.
Taunton District Court

ASSAULT & BATTERY: DISMISSED upon MOTION

Defendant was charged with Assault & Battery upon the alleged victim stemming from an incident at a bar in Easton, Massachusetts in which the defendant allegedly punched the alleged victim in the face. A seasoned Easton police officer investigated the incident and interviewed the defendant and the alleged victim. The police officer determined that the defendant’s version of events at the bar was more credible than the alleged victim’s version. A clerk’s hearing was conducted on the criminal complaint against the defendant for Assault & Battery. At the clerk’s hearing, the magistrate decided not to issue any criminal complaint and advised the parties not to contact each other any further. The alleged victim was dissatisfied with the clerk’s decision and filed a private application for criminal complaint against the defendant for Assault & Battery for punching him in the face at the bar. Attorney Gerald J. Noonan filed a Motion to Dismiss. Attorney Noonan argued that the Easton Police did not find the alleged victim’s version of the events at the bar to be credible. Defendant’s version to police was that the alleged victim punched him in the face, not the other way around. Attorney Noonan argued that the alleged victim was filing this private criminal complaint in retaliation against the defendant because they had a contentious and hostile relationship as neighbors. Prior to the alleged incident in the bar, defendant contacted police and reported that the alleged victim (his neighbor) was spying on him and defendant’s wife with a video camera. Defendant also contacted police, prior to the incident at the bar, and reported that the defendant was posting signs on his property threatening the defendant and his wife. Attorney Noonan argued that the alleged victim was not credible and was abusing the court process by filing this private application for criminal complaint. Attorney Noonan introduced evidence that the alleged victim had 44 entries on his criminal record, mostly for violent offenses, such as: Stalking, Assault & Battery, and Violation of Restraining Orders. Conversely, Attorney Noonan presented evidence that his client had never been arrested or charged with a crime in his life.

Result: Attorney Gerald J. Noonan’s Motion to Dismiss the criminal complaint charging defendant with Assault & Battery was allowed, and the criminal complaint was dismissed.


April 7, 2011
Commonwealth v. J.D.
Brockton District Court

OUI-LIQUOR: DISMISSED
NEGLIGENT OPERATION: DISMISSED
DISTURBING THE PEACE: DISMISSED

A civilian witness called the Whitman Police to report a motor vehicle accident in which he was struck by a purple Jeep and two men fled on foot. One suspect was described as wearing a white shirt and the other suspect was described as wearing an orange shirt. Moments later, a male party (co-defendant) approached the scene on foot and told police that he was riding as a passenger in the Jeep. Later, a K-9 located the Defendant in the woods approximately 100 feet away. The co-defendant pled Guilty to Witness Intimidation. The defense was premised on the argument that the Commonwealth would be unable to prove beyond a reasonable doubt that the Defendant (and not the co-defendant) was the operator of the purple Jeep. See Commonwealth v. Leonard, 401 Mass. 470 (1988). On April 7, 2011, the case was scheduled for trial and Attorney Gerald J. Noonan appeared ready. The Commonwealth requested a continuance because the eyewitness failed to appear. Attorney Noonan objected to the continuance and moved for dismissal.

Result: Attorney Gerald J. Noonan gets all charges, including OUI-Liquor, dismissed against sheet metal worker.


March 11, 2011
Commonwealth v. D.C.
Brockton Superior Court

ASSAULT & BATTERY: NOT GUILTY
ASSAULT & BATTERY w/ DANGEROUS WEAPON: NOT GUILTY

Client, and five other teenage Defendants, were all indicted on charges in connection with a house party in East Bridgewater. The parents of a high-school teen had gone away to Paris on vacation while there 18 year-old son stayed with neighbors. One acquaintance suggested a party but the homeowner’s son refused. Nevertheless, messages were sent throughout Facebook that there was a party at the East Bridgewater home. At the party, Defendants allegedly caused more than $50,000 in property damage. Police reported that blood and urine were smeared on the floors and walls, marble countertops were cracked, an antique couch was set on fire, windows were broken, jewelry, electronics and golf clubs were stolen. The homeowner’s truck door had been ripped when one defendant struck a parked car. The Commonwealth alleged that the alleged victim (a guest at the party) was thrown to the kitchen floor and was kicked repeatedly by the Defendant and others. The Commonwealth granted the alleged victim immunity to testify against the Defendant and others involved in the attack.

First, Attorney Gerald J. Noonan thoroughly discredited and impeached the alleged victim by eliciting testimony of his violent character and propensity. See Commonwealth v. Adjutant, 443 Mass. 649 (2005). On cross-examination, Attorney Noonan elicited testimony that the alleged victim consumed approximately seven beers and was intoxicated. Attorney Noonan elicited testimony that the alleged victim (prior to the incident in the kitchen with the defendant) participated in an attack on another party-goer by hitting him in the face and throwing him down the stairs.

Second, Attorney Noonan’s raised the “Martin defense” or defense of others arguing that the Defendant used reasonable force against the alleged victim to defend another party-goer who was being attacked in the kitchen by the alleged victim. See Commonwealth v. Martin, 369 Mass. 640 (1976). Attorney Noonan elicited testimony that the alleged victim was “pumped up” and “wanted to get it on” and that he challenged another party-goer to a fight saying, “I want to fight you. Let’s fight.” Another witness testified that she told the alleged victim “to relax” and attempted to calm him down and told him, “Leave the kid alone.” Another witness testified that he attempted to calm down the Defendant and said to him, “Who cares about who can beat who up? Just relax.” As the alleged victim was challenging the other party-goer to a fight, the party-goer’s back was to the refrigerator in the kitchen. The Defendant intervened to diffuse the situation before it became physical. Attorney Noonan elicited testimony that the alleged victim (not the defendant) was the initial aggressor in the melee having punched the Defendant in the face. The Defendant, acting in self-defense and in defense of others, returned fire. With regards to the dangerous weapon indictment (shod foot), Attorney Noonan elicited testimony from a percipient witness that she did not see the Defendant kick the alleged victim while he was laying on the kitchen floor.

Result: At the conclusion of the five-day trial, Attorney Gerald J. Noonan gets Not Guilty verdicts on all charges against his client while four of the defendants were convicted.

This Case In the News

2010 Case Results for Gerald J. Noonan


December 8, 2010
Commonwealth v. C.B.
Brockton District Court

BREAKING & ENTERING: DISMISSED
LARCENY over $250: DISMISSED

Defendant was alleged to have broken into his girlfriend’s apartment and stolen a mirror, Northface jacket, and $480 in cash. Attorney Gerald J. Noonan was able to get the criminal complaints dismissed and remanded for a clerk-magistrate’s hearing. Originally, Brockton Police sought a show cause hearing and the criminal complaint issued because the Defendant failed to appear. Attorney Noonan presented evidence that the Defendant never received notice of the show cause hearing because the summons was returned, as it was sent to an insufficient address. Because the Defendant failed to appear at the show cause hearing, Cambridge Police arrested him at his business. The Cambridge Police, however, mistakenly brought the Defendant to the Cambridge District Court for an arraignment when they were supposed to bring him to the Brockton District Court. As a result, Defendant was held in the House of Correction for three days until he was transported to the Brockton District Court (the correct court) for his arraignment. Patrick J. Noonan (then a third-year law student) filed a Memorandum of Law for the clerk-magistrate to consider in determining whether to issue the criminal complaints. With regards to the Breaking & Entering, Patrick J. Noonan argued in the Memo that the Defendant did not break into the “dwelling place of another” because he had a right to habitation and occupancy in the apartment. See Commonwealth v. Robbins, 422 Mass. 305 (1996). Specifically, Defendant paid rent, had a key to the apartment, and lived in the apartment for four-months prior to the incident. With regards to the Larceny, Attorney Noonan presented evidence that the mirror belonged to the Defendant, not the alleged victim. Specifically, Attorney Noonan presented photographs of the mirror that pre-dated the alleged incident in the custody of the Defendant. With regards to the Northface jacket, Attorney Noonan presented evidence that the Defendant purchased the Northface jacket on his credit card and provided a copy of his bank statement to the clerk-magistrate. Lastly, Attorney Noonan argued that the Defendant was a jilted lover and upset at the Defendant for breaking up with her and getting back together with his wife. Attorney Noonan presented Facebook messages (post-dating the incident) sent to the Defendant’s wife from the alleged victim where she blasts the Defendant for breaking up with her but she mentions nothing about the alleged breaking and entering and larcenies.

Result: Attorney Gerald J. Noonan convinces clerk-magistrate not to issue criminal complaints on felony charges against his client.


May 27, 2010
Commonwealth v. E.P.
Wrentham District Court

ASSAULT & BATTERY: DISMISSED AT CLERK’S HEARING

Defendant and five other people went to the Patriots football game at Gillette Stadium in Foxboro. After the game, the members of the party got into their vehicles in the parking lot to leave the stadium. Defendant’s son was operating a vehicle with the defendant and defendant’s brother riding as passengers. The other two members of the party were traveling in a separate vehicle. Defendant’s son drove the vehicle toward the exit of the parking lot with the second vehicle following. As they were proceeding in a line of traffic toward the exit, a large SUV started to back out of a parking space and was backing into the line of cars. Defendant’s rolled down the window and told the driver of the SUV to move out of the way, as the SUV was about to back into traffic. Defendant exited the vehicle to help the SUV back out. Suddenly, the SUV backed up and struck the defendant knocking him to the ground. When he was knocked down to the ground, defendant threw his whoopee pie at the SUV and raised his arms in the air. Defendant approached the operator of the SUV and told him that he just struck him and that the defendant would like to obtain his license and registration. The operator exited the SUV and started yelling at the defendant at the top of his lungs. The male operator grabbed the defendant by the armpit and pushed him backwards, still screaming at him. As the male operator was assaulting the defendant, he knocked him into a female party – belonging to the male operator’s group. The male operator yelled at the defendant, “You just hit a woman!” Defendant replied, “If I did hit somebody, I am sorry, I didn’t mean to.” The male operator pressed his elbow into defendant’s neck and pressed him up against a light post. The other men in the SUV converged on the defendant, threw him to the ground, and they all started to punch him. The members of the defendant’s party tried to intercede but they were assaulted by the other males. The SUV then sped off. Stadium security and city police were called to the scene where the SUV party claimed that the defendant hit the female in the face. The officers immediately placed the defendant under arrest for Assault & Battery on the woman without hearing the defendant’s version of events.

Result: At defendant’s arraignment, Attorney Gerald J. Noonan filed a Motion to Dismiss on the basis that the defendant was denied his opportunity to have a Show Cause Hearing. The criminal complaint was dismissed, and a Show Cause Hearing was held. At the Show Cause Hearing, Attorney Gerald J. Noonan presented the defendant’s version of the incident, e.g., that defendant was struck by the SUV, that defendant was assaulted and injured by the group of males in the SUV, and that the defendant inadvertently struck the female party in the course of the assault on him. After hearing, Attorney Gerald J. Noonan convinced the clerk-magistrate not to issue the criminal complaint against his client.


May 27, 2010
Commonwealth v. R.C.
Commonwealth v. M.C.
Taunton District Court

LARCENY BY CHECK: DISMISSED
LARCENY BY CHECK: DISMISSED

Clients owned and operated a sporting goods store and purchased merchandise from a vendor in the amount of $9,626.65. Clients wrote several checks to pay the balance. All checks were returned for insufficient funds and the balance was never paid. As a result, the clients were charged with Larceny by Check. Patrick J. Noonan (then a third-year law student) filed a Motion to Dismiss (which was denied) on venue grounds, as the events alleged to have occurred did not take place “in the vicinity” of Bristol County but in Plymouth County. See Commonwealth v. Adelson, 40 Mass. App. Ct. 585 (1996)(discussing factors in determining vicinity in larceny by check case). Patrick J. Noonan then drafted a Motion to Dismiss on the grounds that the criminal court was an improper venue to settle the dispute, as the alleged victim had an adequate remedy to recover the monies owed in a civil action and failed to do so. See Taylor v. Newton Div. of the District Court Dep’t, 416 Mass. 1006 (1993)(noting that the petitioner, who was not permitted to file applications for criminal complaint, “had a right to proceed in a civil action.”). In addition, Patrick J. Noonan argued in the Motion to Dismiss that it was an abuse of process for someone to use the criminal process to collect a civil debt. See Carroll v. Gillespie, 14 Mass. App. Ct. 12 (1982)(defendant sought to use the criminal process to collect a civil debt). Lastly, Patrick J. Noonan argued in the Motion to Dismiss that the Defendants’ did not have the intent to permanently deprive the alleged victim of the money, as they filed for bankruptcy shortly thereafter and were discharged from all debts.

Result: Attorney Gerald J. Noonan’s Motion to Dismiss was allowed and all criminal charges were dismissed against his clients.


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