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Recent Case Results
September 2017 Case Results
September 12, 2017
Commonwealth v. R.C.
Brockton District Court
AFTER A HEARING, AND OVER THE OBJECTION OF THE COMMONWEALTH, JUDGE ALLOWS PATRICK J. NOONAN’S MOTION TO DISMISS AND ALL CHARGES, INCLUDING 3 COUNTS OF INDECENT ASSAULT & BATTERY ON A CHILD UNDER 14, ARE DISMISSED AGAINST 83-YEAR-OLD KOREAN WAR VETERAN
Back in 2011, a sixteen-year-old girl accused the Defendant of sexually abusing her, multiple times, over the course of several years, beginning when she was 6 years old. Based on the alleged victim’s allegations, Defendant was charged with 3 counts of Indecent Assault & Battery on a Child under 14 and 1 count of Indecent Exposure. During the pendency of the case, Attorney Patrick J. Noonan became concerned with the client’s competency to stand trial based on his deteriorating mental condition. Attorney Patrick J. Noonan obtained all of the client’s medical records and retained a forensic psychologist to conduct an evaluation of the client to determine whether he is legally competent to stand trial. After conducting an extensive evaluation, the forensic psychologist gave her opinion that the client is not competent to stand trial due to his mental condition.
Result: Attorney Patrick J. Noonan filed a Motion to Dismiss based on his forensic psychologist’s opinion that the Defendant is not legally competent to stand trial. At the Motion to Dismiss Hearing, the District Attorney’s Office objected and argued that the case should not be dismissed based on the seriousness of the allegations, among other things. At the Hearing, the Judge accepted the opinion of the forensic psychologist and made a ruling that the Defendant is not competent to stand trial. After hearing the arguments of the parties, the Judge sided with Attorney Noonan and dismissed all charges.
September 8, 2017
Commonwealth v. M.M.
Attleboro District Court
MARIJUANA CHARGES ARE PERMANENTLY SEALED FROM COMPUTER PROGRAMMER’S CRIMINAL RECORD
Client is a 38 year-old computer programmer and information technology specialist. Client had a great job opportunity to work for a major financial company. However, client was worried that he would not get the job because of some old criminal charges on his record. When the client was 18 years old, he pled out to a charge of Possession of Marijuana. When the client was 19 years old, he pled out to another charge of Possession of Marijuana. Other than these two charges, from when the client was a teenager, client had no other criminal record.
Result: Worried about being denied a new employment opportunity due to his criminal record, client contacted Attorney Patrick J. Noonan who was able to permanently seal all charges from his criminal record.
August 2017 Case Results
August 18, 2017
Commonwealth v. D.V.
New Bedford District Court
DA’S OFFICE ARGUES THAT DEFENDANT IS TOO DANGEROUS TO RELEASE AND SEEKS TO HOLD HIM IN JAIL AS HE AWAITS TRIAL BUT ATTORNEY PATRICK J. NOONAN WINS HIS CLIENT’S RELEASE
Client, a 27 year-old lifelong resident of New Bedford, was arrested and charged with firearms offenses and evading police. At his arraignment, the DA’s Office moved the court to hold the Defendant in the House of Correction for 120 days or until his trial because the Commonwealth felt he was too dangerous to release. Fairhaven Police were called to the VWF for reports of an altercation involving members of a gang who were possibly armed with guns. When police arrived, Defendant fled the scene in his vehicle. Additional police units were dispatched to apprehend the fleeing Defendant. Eventually, police stopped the vehicle and ordered all the occupants out at gun point. Defendant admitted that he had a firearm in the glove compartment. Defendant was charged with Carrying a Firearm without a License (which carries a minimum mandatory jail sentence of 18 months), Improper Storage of a Firearm, and Failure to Stop for Police.
Result: As the client was sitting in jail, client’s mother contacted Attorney Patrick J. Noonan to get her son out of jail. At a hearing to determine whether the Defendant was too dangerous to release, Attorney Patrick J. Noonan introduced evidence and convinced the judge that the Defendant did not pose a danger to the public. Attorney Noonan introduced evidence that the Defendant is a lifelong resident of New Bedford, is presently employed in New Bedford, has strong roots in the community, has family in New Bedford, and did not pose of flight risk. In addition, Attorney Noonan challenged the evidence presented by the Commonwealth that his client was involved in a physical altercation at the VWF, that his client was armed during the altercation, and that his client was a member of a gang. Attorney Noonan pointed out that altercation at the VFW was purely verbal and that no witnesses reported seeing any sort of fight. Also, nobody identified the Defendant as being involved in the altercation. Lastly, there was only one witness who reported that the parties at the VWF were armed and gang members and this lone witness was never identified. The judge released the Defendant on a GPS device and did not impose any bail.
August 18, 2017
Commonwealth v. M.C.
Taunton District Court
CLIENT SEEKING U.S. CITIZENSHIP WAS CONVICTED IN 1989 OF A DEPORTABLE OFFENSE BUT ATTORNEY PATRICK J. NOONAN GETS THE CONVICTION VACATED. CLIENT CAN NOW REPORT TO IMMIGRATION THAT HE HAS NO CONVICTIONS ON HIS RECORD.
Client, is a 47 year-old Brockton resident, a happily married man, and father of 5 children. He is college educated and has a successful business as a Certified Real Estate Appraiser. He was born in Cape Verde and came to the U.S. when he was 10 years old. His wife and children are U.S. citizens but he is not a U.S. citizen. He has been a permanent residence and green card holder. It has been his lifelong dream to become a U.S. citizen. Client contacted Attorney Patrick J. Noonan because he was concerned about a prior felony conviction affecting his application for U.S. citizenship. In 1989, client was convicted of Burning Property with Intent to Defraud Insurance Company. It was alleged that the client burned his own vehicle in an attempt to recover money from his insurance company. According to federal law (8 U.S.C.A. §1227(2)(A)), Burning Property with Intent to Defraud an Insurance Company is considered a crime of moral turpitude and is a deportable offense. “Any alien who is convicted of a crime involving moral turpitude is deportable.
Result: Client was concerned that his prior conviction for a deportable offense would affect his ability to become a U.S. citizen. Client had contacted other Attorneys who did not provide him with any confidence that anything could be done. Client contacted Attorney Patrick J. Noonan in desperation hoping that something could be done. Attorney Patrick J. Noonan told the client that he could try to get his felony conviction “vacated” and “dismissed” so that he could go into his immigration meeting with a record of no convictions. Attorney Patrick J. Noonan obtained the court records and discovered that the court did not give him an alien warning when he pled guilty to the charge. Pursuant to G.L. c. 278, §29D, judge’s must warn a Defendant who is pleading guilty, or taking another disposition, of the immigration consequences of that plea. Failure to provide such a warning may provide grounds for a motion to vacate the conviction. Attorney Patrick J. Noonan dug deeper and tried to find as much evidence surrounding the crime as possible. It was discovered that the client made all his car insurance payments and the insurance company did not pay anything out to the client. Therefore, the client could not have had the intent to defraud the insurance company because the insurance company did not suffer any financial loss. The facts were more consistent with the crime of Malicious Burning of Personal Property, which does not involve fraud. Attorney Patrick J. Noonan filed a Motion to Vacate his client’s conviction, which was allowed by the Judge and the case was dismissed. Now, the client has no conviction on his record.
August 14, 2017
Commonwealth v. G.P.C.
Brockton District Court
CLIENT, WITH A PENDING DRUG CASE, GETS ARRESTED FOR A NEW OFFENSE AND THE DA SEEKS TO LOCK HIM UP FOR 120 DAYS BUT ATTORNEY PATRICK J. NOONAN WINS CLIENT’S RELEASE
Client had a pending criminal case in the Brockton District Court where he was charged with two felony counts of Possession with Intent to Distribute Heroin and Marijuana. In that case, police conducted an investigation with a Confidential Informant who purchased drugs from the Defendant on two occasions. Police obtained a search warrant for the Defendant’s residence where they recovered large quantities of heroin and marijuana, along with other items indicative of a drug selling operation. While this drug case was pending, Defendant got arrested in Boston for Operating under the Influence of Liquor. When police searched his vehicle, they found 3 jars containing marijuana resulting in a new charge for Possession with Intent to Distribute Marijuana.
Result: The District Attorney’s Office moved to revoke the Defendant’s bail and have him locked up for 120 days (or until his Brockton case was disposed of) because the Defendant was arrested on new charges of OUI-Liquor and Possession with Intent to Distribute. Attorney Patrick J. Noonan convinced the Judge to release the Defendant on conditions rather than locking him up. The judge adopted Attorney Noonan’s proposal of placing Defendant on a GPS device and having him submit to drug testing.
August 2, 2017
Commonwealth v. B.B.
Wareham District Court
ATTORNEY PATRICK J. NOONAN WINS NEW TRIAL FOR CLIENT CONVICTED OF DRUNK DRIVING BECAUSE HER BREATHALYZER TEST PRODUCED SCIENTIFICALLY UNRELIABLE RESULTS
Defendant, a single mother, was arrested by Massachusetts State Police for Negligent Operation and Operating under the Influence of Alcohol. At the police station, Defendant agreed to have a Breathalyzer Test to determine her blood alcohol content. The breath test machine gave a blood alcohol content result of 0.11%, which is over the legal limit. Based on the breath test result of 0.11%, Defendant pled out to the OUI charge.
Result: Attorney Patrick J. Noonan was hired to vacate the Defendant’s conviction and win her a new trial. Recently, in the case of Commonwealth v. Ananias, a District Court Judge ruled that a Breathalyzer Machine did not produce scientifically reliable Blood-Alcohol-Content results during the time period of June 2012 to September 2014. Relying on the Court’s recent decision, Attorney Patrick J. Noonan argued that his client’s conviction should be vacated and she should be awarded a new trial because the Breathalyzer Machine used in her case did not produce scientifically reliable results. Attorney Patrick J. Noonan was successful in getting his client’s conviction vacated and a jury trial is now scheduled.
July 2017 Case Results
July 7, 2017
Commonwealth v. K.G.
Brockton District Court
ATTORNEY PATRICK J. NOONAN WINS NOT GUILTY VERDICTS IN CHILD ENDANGERMENT CASE
At trial, the Commonwealth introduced the following evidence: An identified civilian called West Bridgewater Police to report an erratic operator, later identified as the Defendant. The witness was following directly behind Defendant’s vehicle and saw the Defendant’s vehicle swerve entirely off the road almost striking a fence then quickly swerve back crossing into the oncoming lane. The witness stated that the Defendant stopped at a traffic light, stuck her head out the window, and proceeded to vomit twice. The witness went to the police station and filled out a written statement. West Bridgewater Police were dispatched to locate the Defendant’s vehicle. The police officer observe the Defendant traveling on a residential street and saw the vehicle cross over the center line and travel a quarter-mile with its wheels in the oncoming lane. The officer stopped the vehicle and observed vomit all over the side door and on the Defendant’s clothing. Immediately, the officer detected a strong odor of alcohol, noticed that her eyes were glassy and bloodshot, and observed that her speech was very slow and deliberate. Defendant admitted to drinking at a party. The police officer administered 5 field sobriety tests. In the officer’s opinion, Defendant failed all 5 field sobriety tests. The officer testified as to Defendant’s poor performance on all field sobriety tests and gave his opinion that the Defendant was under the influence of alcohol. Defendant had her three young children in the car. Due to the fact that the Defendant was operating under the influence of alcohol with her three children in the car, she was charged with the aggravated felony offense of Child Endangerment, which carries an enhanced penalty.
Result: At trial, Attorney Patrick J. Noonan attacked the credibility of the arresting officer by showing that the officer rushed to judgment and did not conduct a fair investigation. Attorney Noonan argued that as soon as the officer observed the vomit he made up his mind to arrest the Defendant for OUI-Liquor. Attorney Noonan showed that: Before the officer conducted any investigation, he told the Defendant to call someone to come and pick up her kids because he had already made up his mind to arrest her for drunk driving. Attorney Noonan called the Defendant’s friend to testify as a witness. The friend testified that she received a phone call from the Defendant who stated that she had been pulled over and needed her to come and pick up the kids. The friend testified that the officer grabbed the phone and told her to get down here immediately. Attorney Noonan argued the phone call was made while the Defendant was still sitting in the driver’s seat before she was asked to exit the car and submit to field sobriety tests. Shortly after receiving the phone call, the friend arrived to the scene and the Defendant was already under arrest. Attorney Noonan introduced the footwear the Defendant was wearing, which were boots with 2 inch heels. Attorney Noonan argued that it was difficult for the Defendant to perform the field sobriety tests demanded of her in these heels. Specifically, Defendant was asked to balance on one foot for 30 seconds while wearing these heels. In addition, the officer had Defendant walk 9 steps, back and forth, on an invisible line and maintain her balance in these heels. With regards to the vomit, Attorney called two witnesses to testify. These witnesses testified that they attended a funeral reception with the Defendant prior to her arrest. These witnesses testified that they ate the same food as the Defendant, chicken broccoli Alfredo. These witnesses testified that the chicken broccoli Alfredo was not cooked properly, smelled weird, and had a funky taste. They testified that they tasted the food and stopped eating it because it was gross. They testified to having conversations with the Defendant and others at the reception about the funky tasting food. They testified that the Defendant tasted the food and remarked that it tasted funky. Attorney Noonan argued that the Defendant vomited because of the bad food. The most compelling evidence came from the testimony of the owner and operator of a day care facility. Prior to getting pulled over, Defendant had picked up her kids at a day care facility and was on her way home when she was arrested. This witness testified that the Defendant dropped her three children off in the early morning while she attended the funeral. This witness testified that the Defendant came to pick up her three kids. This witness testified that they had a 10-minute conversation. This witness testified that she did not observe any signs to suggest that the Defendant may have been impaired by alcohol. This witness gave her opinion that the Defendant was not impaired by alcohol in any way. The witness testified that, as a licensed day care provider and a mandated reporter, she would have stopped the Defendant from driving away with her kids if she had any suspicion that Defendant was impaired by alcohol. After a two day trial, Defendant was found Not Guilty on all counts.
July 3, 2017
Commonwealth v. D.L.
Taunton District Court
GUN CHARGE AGAINST FREETOWN TRUCK DRIVER, WHICH CARRIED A MANDATORY JAIL SENTENCE OF 18 MONTHS, WAS DISMISSED AFTER ATTORNEY PATRICK J. NOONAN PROVES THERE WAS NO PROBABLE CAUSE TO SUPPORT THE GUN CHARGE
Freetown Police were called to a residence after receiving 911 calls reporting that the Defendant retrieved a firearm and threatened to shoot his brother and then kill himself. Others in the house reported that the Defendant was mentally ill and a drug addict. Everyone had evacuated the home when police arrived. Defendant was arrested and brought to the hospital for a mental health evaluation. Defendant admitted that he did not have a license to possess the firearm and further stated that the bought the gun off the street.
Result: Defendant was charged with Carrying a Firearm without a License, which carries a mandatory jail sentence of 18 months. Attorney Patrick J. Noonan filed a Motion to Dismiss for lack of probable cause. Specifically, Attorney Patrick J. Noonan argued that it was not illegal for the Defendant to unlawfully possess a firearm, so long as the firearm was under his “exclusive control” and possessed by him “in or on his residence.”
June 2017 Case Results
June 21, 2017
Commonwealth v. A.C.
Hingham District Court
CLIENT CHARGED WITH THREE FELONY SEX OFFENSES HIRES ATTORNEY PATRICK J. NOONAN AND WALKS AWAY WITH ONLY ONE CONVICTION FOR A MISDEMEANOR THAT IS NOT A SEX OFFENSE.
Client, a 62-year-old Engineer from Fall River, was charged with three counts of Open and Gross Lewdness, which are felony sex-offenses. The charges stem from allegations that the Defendant was seen, by a witness, naked from the waist down on a trail in Hanover that is open to the public. A witness reported to police that she observed the Defendant, on two occasions, naked from the waist down, as she was walking her dog on a trail in a public park. Police installed trail cameras in the area where the witness saw the Defendant naked from the waist down. The police viewed the video footage, which showed the defendant, on two other occasions, walking on the trail wearing nothing from the waist down. Police conducted a stake-out where they hid in the woods in the area where the defendant was previously seen naked from the waist down. The officers saw the defendant walk by their location naked from the waist down. The police arrested the defendant. According to the Commonwealth, the Defendant, on at least 5 separate occasions, committed the offense of Open and Gross Lewdness.
Result: Defendant was charged with 3 counts of Open and Gross Lewdness. Attorney Patrick J. Noonan got 2 of the charges dismissed for lack of evidence leaving only 1 count of Open and Gross Lewdness remaining. On June 21, 2017, a jury trial was scheduled for the 1 remaining count of Open and Gross Lewdness. Attorney Patrick J. Noonan appeared ready to try the case. On the day of trial, the Commonwealth offered to reduce the felony Open and Gross Lewdness to the misdemeanor offense of Indecent Exposure, which is not a sex offense. The Client agreed to plead guilty to the misdemeanor. The client is only convicted of a misdemeanor and it is not a sex offense. The client was facing three felony sex offenses, which carried jail time and possible sex offender registration.
May 2017 Case Results
May 22, 2017
Commonwealth v. E.B.
Taunton District Court
CLIENT’S DRIVER’S LICENSE WAS SUSPENDED FOR 3 YEARS DUE TO A SUBSEQUENT OFFENSE OUI BUT ATTORNEY GERALD J. NOONAN GETS A COURT ORDER TO REINSTATE THE CLIENT’S DRIVER’S LICENSE.
Client, a 33-year-old resident of Easton, had a conviction for OUI-Liquor where he was sentenced to one year of probation with the condition to complete the 24D program. Client was arrested for an OUI second offense where he refused the breath test resulting in a license suspension for 3 years because this was a subsequent offense. Client hired Attorney Patrick J. Noonan for his second-offense OUI and Attorney Noonan won a Not Guilty verdict. Even though the client was found Not Guilty of the second offense OUI, the Registry of Motor Vehicles nevertheless suspended his driver’s license because he refused the breath test and he was charged with a subsequent offense.
Result: Attorney Gerald J. Noonan appeared before the trial judge and obtained a court order to reinstate the client’s driver’s license. The client can now use this court order when he requests that the RMV reinstate his driver’s license.
May 19, 2017
Commonwealth v. V.P.
Orleans District Court
CLIENT WAS FOUND GUILTY OF A FELONY AFTER A TRIAL IN 1980 BUT ATTORNEY PATRICK J. NOONAN GETS THE CONVICTION VACATED AND DISMISSED.
The Client is a 63-year-old former carpenter from Dennis who remains disabled from a bad work-related accident. In 1980, when the Client was 26 years-old, he was charged with felony larceny for allegedly stealing trees and shrubs from a Nursery in Dennis. The Client went to trial and was found guilty of the felony larceny. The client, an avid hunter, has been a gun owner since he was 17 years-old. He has had a Firearms Identification Card (FID Card) since age 17 and has renewed his FID Card for the past 46 years with no issues. The Client was concerned that his FID Card would be denied for renewal because of the old felony conviction.
Result: Attorney Patrick J. Noonan filed a Motion to Vacate his client’s Conviction arguing that: there was insufficient evidence that the larceny was a felony because the value of the stolen property was not clearly proven, the client had a viable Motion to Dismiss because the stolen property was never recovered despite police executing a search of the client’s home, and trial judge may have committed error in permitting the client to be represented at trial by his co-defendant who was acting pro se. Prior to any hearing on the Motion to Vacate Conviction, Attorney Noonan had a conversation with the District Attorney’s Office who agreed to vacate the client’s conviction and enter a dismissal. Attorney Noonan then filed a new Motion to Vacate Conviction that was agreed to by the parties. The Judge allowed the Motion to Vacate and entered a dismissal, as requested by both parties.
May 5, 2017
Commonwealth v. M.S.
Brockton District Court
DEFENDANT FOUND NOT GUILTY OF 2 OUT OF 4 FELONIES FOR CAUSING MALICIOUS DAMAGE TO PROPERTY ON 4 SEPARATE OCCASIONS, WHICH, ACCORDING TO THE VICTIMS, EXCEEDED $101,000 IN DAMAGES.
Defendant, a 50-year-old resident of West Bridgewater, was charged with 4 counts of Malicious Destruction of Property over $250. Defendant worked for a company for 30 years and he was fired. After his termination, Defendant, on four separate occasions, intentionally inflicted damage to the company’s out-door industrial air chiller. The company claimed that the damage caused by the Defendant exceeded $101,000 dollars. After each act of vandalism, the company reported it to West Bridgewater Police. The company suspected that it was the Defendant who caused the damage. The company installed cameras to catch the Defendant in the act. The Defendant was caught on video causing damage to the air chiller and was arrested the following day. Prior to trial, the District Attorney’s Office offered the Defendant the following deal: Plead Guilty to all 4 felony charges of Malicious Destruction of Property over $250, be placed on probation for two years, and to pay restitution to be later determined at a hearing. Despite the evidence showing the Defendant was caught on videotape causing damage to the air chiller, and other strong evidence showing his guilt, Defendant opted to go to trial.
Result: At the trial, Attorney Patrick J. Noonan challenged the Commonwealth’s evidence that each act of vandalism caused at least $250 in damage even though the alleged victim’s claimed that the damage exceeded $100,000. With regards to 2 of the acts of vandalism, Attorney Patrick J. Noonan was able to convince the jury that the Commonwealth failed to prove beyond a reasonable doubt that the damage exceeded $250. Instead of taking the Commonwealth’s deal to plead guilty to all 4 felony counts, Defendant was acquitted and found Not Guilty of 2 of the felony counts. Attorney Noonan was weary to have his client plead guilty to all 4 counts because the company could use his admissions against him when they seek $101,000 in restitution from the Defendant. The Defendant was given a suspended sentence with probation for two years, a sentence not all that much different from what the Commonwealth was asking for prior to trial.
April 2017 Case Results
April 25, 2017
Commonwealth v. E.B.
Taunton District Court
ATTORNEY PATRICK J. NOONAN WINS A NOT GUILTY ON A SECOND-OFFENSE DRUNK DRIVING CASE.
The client is a 33 year-old financial consultant from Easton, MA. The police officer testified that he was stopped at a gas station when his attention was drawn to the sound of a car horn beeping for about 5 seconds. The officer followed the vehicles as they approached an intersection. The police officer observed the Defendant’s vehicle abruptly cut off the other driver causing the other vehicle to slam on its brakes and swerve to avoid a collision. The officer pulled over the Defendant’s car. When he approached the Defendant’s window, the officer observed that the Defendant’s eyes were glassy and bloodshot and he could smell an odor of alcohol on the Defendant’s breath. The officer testified that the Defendant initially stated that he did not consume any alcohol but later admitted to drinking at a strip club. The officer testified that the Defendant failed each and every field sobriety test. The officer testified that the Defendant failed the Alphabet Test twice, the Defendant failed the Nine Step Walk and Turn Test, and the Defendant failed the One-Leg Stand after attempting it twice.
Result: At the trial, Attorney Patrick J. Noonan effectively cross-examined the police officer and pointed out the inconsistencies in his testimony. Attorney Noonan pointed out everything the Defendant did well on the field sobriety tests, which the officer left out in his direct examination. Attorney Noonan introduced photos of the Defendant’s shoes to show how difficult it would be for someone to perform these field sobriety tests with this type of footwear, which had no ankle support. Attorney Noonan cross-examined the other driver and pointed out that the other driver had been speeding and he lost his patience when following the Defendant because the Defendant was not driving fast enough. Attorney Noonan called as a witness the police officer who booked the Defendant at the police station. Attorney Noonan established that the booking officer had booked the Defendant, in a small booking room, for about an hour. In a critical line of questioning, Attorney Noonan got the booking officer to testify that he could not formulate an opinion about the Defendant’s sobriety even though he had booked him for about an hour. After Attorney Noonan’s closing argument, the judge immediately found the Defendant Not Guilty. This was the Defendant’s second offense for drunk driving and he was facing possible jail time, a three year loss of license, and mandatory inpatient treatment.
April 13, 2017
Commonwealth v. J.L.
Hingham District Court
JUDGE DISMISSES CASE WITH PREJUDICE AFTER ATTORNEY PATRICK J. NOONAN PROVES THAT THE POLICE OFFICER LIED TO THE COURT.
The Defendant, a resident of Hull, was charged with Operating under the Influence of Liquor. A civilian witness reported to Hull Police that the Defendant’s vehicle crossed into his lane, struck the side of his vehicle, and continued driving without pulling over. The witness approached the Defendant at a stop sign and asked him to pull over but the Defendant continued driving for over a mile before pulling into a plaza to pick up a pizza he had ordered. The witness called the police to report the hit and run. When the police arrived to the parking lot, the officer observed that the Defendant was unsteady on his feet and appeared to be intoxicated. The officer asked the Defendant to perform a series of field sobriety tests. From the start, the Defendant, in the officer’s words, was defiant, uncooperative, and argumentative. The Defendant insulted the officer. The officer found that the Defendant failed each and every field sobriety test that he performed and placed him under arrest for OUI-Liquor and Negligent Operation. Back at the police station, when the Defendant was being booked, the arresting officer stated that the Defendant continued to be defiant, uncooperative, and argumentative. The officer stated that the Defendant claimed that he was not the operator of the vehicle when he previously admitted that he was the operator. At the trial, Attorney Patrick J. Noonan called the Booking Officer to testify as a witness. Attorney Noonan called the Booking Officer to impeach the testimony of the arresting officer. During booking, the Booking Officer observed that the Defendant’s speech was “fair,” which contradicted the arresting officer’s observation that the Defendant’s speech was thick-tongued and slurred. More importantly, the Booking Officer observed that the Defendant’s “attitude was indifferent” and there were “no unusual actions” by the Defendant, which contradicted the arresting officer’s repeated assertions that the Defendant was defiant, argumentative, uncooperative, and insulting. As the trial started, the District Attorney received word that the Booking Officer could not appear to the trial because he was “sick.” Attorney Noonan asked for a continuance of the trial because the Booking Officer was an important witness for the defense. When the Defendant left the courthouse and was driving home, he saw the Booking Officer performing a detail and directing traffic. Attorney Patrick J. Noonan filed a Motion to Dismiss with prejudice on the grounds that the Booking Officer lied to the court when he represented that he was out sick when, in actuality, he was not sick but performing a paid detail. Attorney Patrick J. Noonan obtained documentation showing that the Booking Officer performed a paid detail on the day of trial from 7:00 AM to 8:30 PM for 13.5 hours.
Result: After Attorney Patrick J. Noonan presented evidence to show that the booking officer lied to the court, the Judge dismissed the OUI-Liquor charge, with prejudice, and found that the booking officer’s conduct was egregious. The case was dismissed with prejudice meaning that the Commonwealth cannot charge the Defendant with the same offense in the future. This is a rare case where a Judge dismissed a criminal charge with prejudice as a sanction for egregious police misconduct.
April 4, 2017
Commonwealth v. D.M.
Brockton District Court
ATTORNEY PATRICK J. NOONAN PROVES THAT THE STATE POLICE UNLAWFULLY DETAINED HIS CLIENT AT A DRUNK-DRIVING ROADBLOCK, WHICH RESULTED IN THE DISMISSAL OF THE CASE EVEN THOUGH HIS CLIENT HAD A BLOOD ALCOHOL CONTENT OF 0.81%.
On May 28, 2016, the State Police were conducting an OUI Roadblock, as referred to as a Sobriety Checkpoint, on Route 18 in Abington. The Client, who was returning from a wedding, approached the checkpoint in his vehicle. At the checkpoint, the State Trooper believed that the Client was exhibiting signs of intoxication so he had the client get out of his car and submit to field sobriety tests. The State Trooper found that the client failed three of the field sobriety tests. The State Trooper had the client blow into a portable breath test device, which showed that the client had a blood alcohol content of 0.81%, which is above the legal limit in Massachusetts. The State Trooper then arrested the client and charged with Operating under the Influence of Liquor.
Result: Attorney Patrick J. Noonan argued that his Client was unlawfully detained by the State Trooper. Specifically, Attorney Noonan argued that the State Trooper did not have enough evidence to order his Client to get out of his vehicle and submit to the field sobriety tests. At a Hearing in which the State Trooper testified, Attorney Noonan proved that the only evidence of possible intoxication that led the Trooper to detain his client was the Trooper’s observation that the Client’s eyes were glassy and bloodshot. Attorney Noonan introduced a color copy of the Client’s booking photo, which clearly showed that his Client did not have glassy or bloodshot eyes. The Judge agreed with Attorney Noonan that the State Trooper did not have enough evidence to detain his client. Therefore, the Judge suppressed all evidence that was obtained as a result of his Client’s unlawful detention, which included all field sobriety tests and the breath test result of 0.81%. Because the majority of the evidence was suppressed, the District Attorney was forced to dismiss the case.
March 2017 Case Results
March 31, 2017
Commonwealth v. M.M.
Quincy District Court
FELONY LARCENY CHARGE AGAINST MECHANIC FROM CARVER IS REDUCED TO A MISDEMEANOR UPON PROOF BY THE DEFENSE THAT THE VALUE OF STOLEN PROPERTY WAS UNDER $250.
Client, a 48-year-old Mechanic from Carver, was arrested at the Sears Department Store in the Braintree Mall for allegedly stealing merchandise with his wife. The Loss Prevention Department at Sears observed the Client and his Wife conceal merchandise in a shopping bag. The Security Guard observed the wife try on a Lands End Jacket and hand it to the Client who then walked out of the store without paying for the Lands End Jacket. The Client’s wife walked out of the store with stolen merchandise in her shopping bag. According to the Police Report, the value of all the stolen items was $346.98. The Client was charged with Larceny over $250, which is a felony. What distinguishes a felony larceny from a misdemeanor larceny is the value of the stolen items. If the value of the stolen items is over $250, it is a felony.
Result: Attorney Patrick J. Noonan conducted an investigation and contacted the Loss Prevention Department at Sears and discovered that the value of the Lands End Jacket, stolen by the client, was $169.00. Attorney Noonan filed a Motion to Dismiss the felony Larceny over $250 charge on the grounds that the evidence discovered by the defense showed that the value of the stolen item was under $250. The District Attorney agreed to reduce the felony to a misdemeanor
March 27, 2017
Commonwealth v. M.D.
Brockton District Court
Docket No.: 1315 CR 5197
CHARGES AGAINST BROCKTON MAN FOR HITTING VICTIM IN THE HEAD WITH A BASEBALL BAT ARE DISMISSED AS THE TRIAL WAS UNDERWAY.
On 09/09/13, Brockton Police were called to Panorama Pizza in Brockton for a report of a male bleeding profusely from his head after being struck in the head with a baseball bat. Upon arrival, police observed trails of blood in the parking lot and large pools of blood inside Panorama Pizza. The Defendant, a 29 year-old pizza delivery man, admitted to police that he struck the victim in the head with a baseball bat but that it was in self-defense. Due to the severity of the head injury and the amount of blood loss, the victim was taken by helicopter to the hospital in Boston where he stayed for almost one week.
The Defendant was charged with Assault and Battery with a Dangerous Weapon (G.L. c. 265, §15A), a felony offense punishable up to 10 years in state prison.
The Noonan Defense Team thoroughly prepared the case for trial where they intended to assert that the Defendant was justified in using deadly force in self-defense. The Defendant and the victim were employees at Panorama Pizza in Brockton. The Noonan Defense Team interviewed the other employees at the pizza shop and intended to have all three employees testify at trial. At the trial, the Commonwealth moved to introduce a surveillance video, which showed the Defendant strike the victim in the head with the baseball bat.
Attorney Patrick J. Noonan sought to introduce the following evidence at trial: The pizza shop employees would testify that the victim had a reputation for being a violent and quarrelsome person. The employees would testify that the victim would show up to the pizza shop on a regular basis highly intoxicated and would act aggressively toward the employees. The employees would testify to approximately 10 instances where the victim would threaten to cause bodily harm to the Defendant. The employees would testify to an incident where the victim threatened a police officer and was almost arrested. Finally, the employees would testify to an incident that occurred at 8:00 p.m. just one hour before the assault in question where the victim showed up to the pizza shop highly intoxicated and made threats to the manager and the Defendant. Despite the efforts of the manager and the Defendant, the victim refused to leave and go home. The victim remained outside the pizza shop where he proceeded to stare at the Defendant in a threatening manner. At the top of his lungs, the victim screamed threats to cause bodily harm to the Defendant. The victim leaned against the Defendant’s car and waited for him to come outside knowing that the Defendant would eventually have to go to his car to deliver pizzas. Fearing that the victim would physically attack him, the Defendant called the police to have the victim removed from the premises. The police arrived and removed the victim from the premises.
One hour after being removed from the premises by the police, the victim returned to the pizza shop where he confronted the Defendant in the parking lot. As the Defendant was exiting his car, he observed the victim quickly approaching him in an aggressive manner. Fearing that the victim was about to attack him, the Defendant grabbed a miniature-sized baseball bat that he kept in his car for protection. The victim got in the Defendant’s face and made threats to “kill him.” Prior to using the bat in self-defense, the Defendant pushed the victim back and yelled for him to “back up” but the victim continued with his threats to kill him. With no other alternative and having a legitimate fear that the victim would seriously harm him, the Defendant struck the victim in the head with the baseball bat. The victim was completely unfazed by the blow to the head and continued to pursue the Defendant who then ran inside the pizza shop for safety.
Attorney Patrick J. Noonan intended to call an expert witness in Toxicology and Physiology. The expert witness would testify that the victim had a blood alcohol level of 0.24 when he showed up to the pizza shop at 8:00 p.m. and that the victim had a blood alcohol level of 0.22 when he showed up an hour later and confronted the Defendant in the parking lot. The expert witness would also testify as to the signs and symptoms that a person exhibits in this state of intoxication, which include: exaggerated emotional states (such as rage), emotional instability, loss of critical judgment, and increased pain threshold.
At the start of the trial, Attorney Patrick J. Noonan argued a Motion in Limine to introduce evidence of the victim’s violent character and to introduce six specific instances of violence committed by the victim. The DA objected and moved to exclude each of the six instances of violence committed by the victim. After a hearing, the trial judge ruled that Attorney Noonan could introduce 4 of the 6 instances of violence committed by the victim. In addition, Attorney Patrick J. Noonan moved to introduce testimony from his expert as to the level of the victim’s intoxication along with the mental state and behavior associated with such a high level of intoxication. Again, the DA objected and moved to exclude the expert from testifying. After a hearing, the trial judge ruled that Attorney Noonan could introduce the proposed testimony from his expert.
Result: After the hearing in which the trial judge ruled that Attorney Patrick J. Noonan could introduce evidence of the victim’s violent character, the four specific instances of violence committed by the victim, and the expert testimony as to the victim’s high level of intoxication, the DA moved to dismiss the case before the jury was empaneled.
“Man beaten with baseball bat outside Brockton pizza shop.” http://www.wcvb.com/article/man-beaten-with-baseball-bat-outside-brockton-pizza-shop/8188389
March 17, 2017
Commonwealth v. N.A.
Fall River District Court
Docket No.: 1632 CR 5402
ATTORNEY PATRICK J. NOONAN PERSUADES DA TO DISMISS ALL CHARGES SO LONG AS THE DEFENDANT CONTINUES WITH HIS MENTAL HEALTH TREATMENT.
The Defendant was a 24 year-old Lakeville man who was an Analyst for a medical technology company and had no criminal record. The Defendant’s employer contacted the Defendant’s father and reported that the Defendant abruptly left work and left a picture on his desk of loaded firearm. Later that day, police responded to a residence in Freetown due to the home’s alarm system being activated. Upon arrival, Defendant answered the front door holding a bottle of wine and he admitted that he did not live there.
Police arrested the Defendant and charged him with: Breaking and Entering in the daytime with the intent to commit a felony under G.L. c. 266, §18, a felony punishable up to 10 years in state prison. Due to the damage caused throughout the home, police charged the Defendant with Vandalism under G.L. c. 266, §126A, a felony offense punishable up to 3 years in state prison and a mandatory one year loss of driver’s license.
Back at the Freetown Police Station, the Defendant’s behavior became increasingly bizarre. In his jail cell, Defendant stripped naked and proceeded to exercise and do push-ups. Defendant made statements that made no sense and would freak out whenever officers approached him. It turned out that the home the Defendant broke into was his childhood home. Defendant had not lived there since he was very young and gave no explanation as to why he decided to break in.
Due to his bizarre, unusual, and erratic behavior, police had the Defendant taken to hospital for an evaluation. The emergency room physician made out an Application for Temporary Involuntary Hospitalization pursuant to Section 12(a), as he believed that the Defendant was suffering from a mental illness and posed a likelihood of serious harm to himself or others.
The Defendant was committed to an impatient mental health facility where he exhibited manic psychotic-type behaviors. He believed he worked at the hospital as an entrepreneur. He also stated that he was a member of the hospital’s staff. He was seen dancing in the hallways. He believed messages were being communicated to him through the television set and he even attempted to escape from the facility by posing as a hospital employee. Defendant was diagnosed as suffering from Major depressive disorder, severe, with psychotic features and possibly Schizophrenia.
At his first court date, Attorney Patrick J. Noonan requested that the District Attorney’s Office place his client on Pretrial Probation for one-year with certain conditions. At first, the DA’s Office refused Attorney Noonan’s proposal and stated that the Defendant was not an appropriate candidate for Pretrial Probation.
Attorney Patrick J. Noonan presented a package to the DA in support of his request for Pretrial Probation, which included the following: First, Attorney Noonan spoke to the homeowners who knew the Defendant and his family and the homeowners stated that they had no desire to press charges and they did not seek any restitution for the damage to their home. Second, Attorney Noonan provided the DA with documentation regarding the Defendant’s mental health treatment. Attorney Noonan provided the DA with a letter from the Defendant’s Psychiatrist who stated that the Defendant’s mental condition has stabilized and he was doing very well with the medications he was prescribed. In addition, Attorney Noonan provided the DA with a letter from the Defendant’s mental health counselor who stated that the Defendant’s mental condition has stabilized and he was doing very well with weekly therapy sessions. The psychiatrist and mental health counselor believed that the incident was due to the sudden onset of an untreated mental illness and not due to any criminal intent. Attorney Noonan provided the DA with documentation showing that the Defendant signed a one-year contract to work as an Analyst for a very reputable company. Lastly, Attorney Noonan argued that the incident was caused by a sudden, acute mental illness and not the result of any criminal intent.
Result: After reviewing all the information and documentation provided by Attorney Patrick J. Noonan, the DA’s Office changed its position and agreed that the Defendant was not a criminal but a person who suffered from a legitimate mental illness, which was the cause of the whole incident. The DA’s Office agreed with Attorney Noonan’s terms that all charges would be dismissed outright after one-year so long as the Defendant continues with his present course of treatment. With Pretrial Probation, the Defendant did not have to admit that he committed a crime.
March 8, 2017
Commonwealth v. L.A.
Brockton District Court
ATTORNEY PATRICK J. NOONAN CONVINCES A JUDGE TO VACATE AN OLD CONVICTION FOR A CRIME AGAINST THE PUBLIC JUSTICE AND THEN SUCCESSFULLY PETITIONS THE COMMISSIONER OF PROBATION TO SEAL IT FROM HIS CLIENT’S RECORD.
Client is a 70 year-old accountant, grandmother, and former drug-addict who had an old felony conviction from 1984 for smuggling drugs into a prison. The client had turned her life around but was always haunted by her past. Back in the 1980s, client had a terrible drug addiction. In 1984, she was arrested for attempting to smuggle cocaine into a prison for an inmate. She was convicted of the serious felony offense of Giving a Prisoner a Controlled Substance. That was the last time the client ever had any involvement with police or the court system. She committed herself to treatment and lived a life of sobriety ever since. She went back to school and earned a degree in Accounting and graduated at the top of her class with Highest Honors. She has been employed as an Accountant for over 30 years and has held the same job for nearly 15 years. Despite the remarkable turnaround in her life, she was always haunted by her old felony conviction, which was a constant reminder of her past. She petitioned the Commissioner of Probation in Boston to seal the felony conviction from her record. Regrettably, she was informed that the conviction was non-sealable because it was a Crime against the Public Justice. Her only hope was to have the felony conviction vacated, which she believed was impossible. Other attorneys told her that convincing a judge to vacate a conviction for this charge would be very difficult. In a leap of faith, she contacted Attorney Patrick J. Noonan who agreed to take on the case.
Result: Attorney Patrick J. Noonan made a compelling argument to a Judge of the Brockton District Court to vacate his client’s felony conviction. In a rare case, the Judge entered an order and vacated a conviction for a Crime against the Public Justice. With the conviction vacated, the Commissioner of Probation agreed to seal the charge from the client’s record.
February 2017 Case Results
February 24, 2017
Commonwealth v. Matt Murphy
Brockton District Court
Docket No.: 1515 CR 0403
ATTORNEY PATRICK J. NOONAN CONVINCES JUDGE TO ORDER DRUG TREATMENT INSTEAD OF JAIL TIME FOR MAN WHO OVERDOSED ON HEROIN WITH AUTISTIC CHILD IN CAR.
Brockton Police were dispatched to the Mobile Gas Station in Brockton for a report of a male who had overdosed in his car with a small child in the backseat. When officers arrived, Defendant was slumped over the steering wheel with the engine running, the car in gear, and the car in reverse. Officers had to smash the window to gain access to the Defendant who was unconscious. Defendant had overdosed after injecting himself with heroin. Officers had to administer two separate doses of the overdose-reversing drug Narcan in order to revive the Defendant. The Defendant’s 10 year-old severely autistic son was in the backseat. The child was unable to speak due to his severe autism. Police found heroin and syringes in the car. The heroin was tested and found to contain the highly volatile substance Fentanyl. The Defendant admitted to police that he drove to the gas station and that he consumed heroin. Defendant was charged with: Operating under the Influence of Drugs, Child Endangerment, and Possession of Fentanyl.
Result: The case was un-triable, as the Commonwealth would have little difficulty proving its case. Attorney Noonan had no alternative but to plea his client out. The District Attorney asked the Judge to lock the Defendant up for 90 days. Attorney Patrick J. Noonan requested that his client be given a suspended sentence, instead of jail time, and placed on probation for three years with conditions aimed at treating his drug addiction. The Judge agreed with Attorney Noonan and imposed a suspended sentence of 6 months with three years of probation and conditions of drug treatment.
“Brockton overdosed driver avoids jail time in favor of treatment.” http://saugus.wickedlocal.com/news/20170224/brockton-overdosed-driver-avoids-jail-time-in-favor-of-treatment
January 2017 Case Results
January 13, 2017
TAUNTON MAN’S APPLICATION TO RENEW HIS LICENSE TO CARRY FIREARMS WAS DENIED DUE TO A PRIOR CONVICTION FOR A FIREARM’S OFFENSE BUT ATTORNEY PATRICK J. NOONAN GETS THE POLICE DEPARTMENT TO RENEW CLIENT’S LTC.
Client is a 51-year-old Electrical Engineer from Taunton who is married with three children. Client has been an avid hunter and shooter and a big believer in the Second Amendment right to bear arms. Guns have been a part of his life since he was a young kid. At age 16, he was issued a Firearms Identification Card. Client has had a License to Carry since 1995. He had been an active member of the National Rifle Association (NRA), the Gun Owner’s Action League of Massachusetts (GOAL), and Taunton Rifle and Pistol Club. He has advanced training in firearms. He is a member of Team Glock a competitive team of shooting professionals.
Since 1995, the client has had a License to Carry (LTC) but in 2016 the Police Department denied his Application to Renew his LTC because he had a conviction for a firearms offense. Specifically, the Client pled guilty to the offense of Leaving a Firearm in a Motor Vehicle. According to the Police Department, the conviction disqualified the client from getting an LTC.
Result: Attorney Patrick J. Noonan petitioned the Chief of Police to renew his client’s license to carry firearms. Under the law, a conviction for a violation of any firearms law disqualifies an applicant from getting an LTC. Here, Client’s LTC renewal was denied because he had a conviction for violating a firearms law. However, Attorney Noonan pointed out that: in order for a firearms violation to be a disqualifier, the firearms violation must carry a penalty of imprisonment. In his client’s case, the only punishment his client received for the firearms violation was a fine of $125.00. After considering Attorney Patrick J. Noonan’s arguments, the client’s license to carry firearms was renewed.
January 13, 2017
Commonwealth v. D.R.
Middlesex Superior Court
DA’S OFFICE ARGUES THAT DEFENDANT IS TOO DANGEROUS TO RELEASE FROM JAIL BUT ATTORNEY PATRICK J. NOONAN WINS HIS CLIENT’S RELEASE.
A Grand Jury returned 7 indictments against the Defendant for: Kidnapping, Assault & Battery on an Elderly Person, Assault & Battery with Dangerous Weapon on an Elderly Person (two counts), Assault & Battery with a Dangerous Weapon Causing Serious Bodily Injury, and Assault & Battery on an Elderly Person Causing Serious Bodily Injury.
Defendant resided in the same home with his 83-year-old mother, the alleged victim. Police received a call from the alleged victim’s other son who was concerned that the Defendant may have the mother tied to a chair. A police officer was dispatched to the home. The officer looked into the window and saw the alleged victim lying on a couch waving her arms in the air. The officer went to the side door. Defendant opened the door and allowed the officer inside. The officer observed dried blood on the Defendant’s shirt. The officer heard the alleged victim yelling for help from the living room. As the officer made his way to the living room, he observed dried blood droplets on the floor. The alleged victim told the officer that the Defendant had assaulted her the day before. Specifically, she alleged that the Defendant threw her walker at her leg causing a laceration to her leg. She claimed that the blood droplets on the floor were from her leg injury. Photographs were taken of the leg laceration. She was taken to the hospital.
From that point on, the alleged victim would go on to make a series of false allegations against the Defendant. She alleged that the Defendant held her against her will. She alleged that he took the phone away to prevent her from calling for help. She alleged that the Defendant physically abused her, on multiple occasions, to the point where she needed to go to the hospital. She alleged that the Defendant would not feed her. She alleged that the Defendant would make awful statements to her. She alleged that the Defendant stole money from her. She believed the Defendant would kill her. The Defendant denies all these false allegations.
On January 5, 2017, the DA’s Office requested that the Court hold the Defendant in custody (in jail) for 90 days or until his trial because he was too dangerous to release. As the Defendant was in jail awaiting his Dangerousness Hearing, he retained Attorney Patrick J. Noonan. Attorney Noonan dropped everything he was doing and came to his client’s aid.
Result: After a two-day hearing, Attorney Patrick J. Noonan was successful in getting his client released from jail. If the Judge sided with the DA, the client would have been held in jail for 90 days or until his trial.
January 3, 2017
Commonwealth v. Craig Barton
Brockton Superior Court
Indictments: 2013 -303
DEFENDANT WAS FACING LIFE IN PRISON BUT DUE TO THE RELENTLESS EFFORTS OF THE NOONAN DEFENSE TEAM ALL CHARGES WERE DROPPED ON THE DAY OF TRIAL.
In 2013, a Grand Jury returned the following 11 indictments against the Defendant: 2 indictments for Rape of Child by Force, an offense which carries a sentence in state prison for life or for any term of years; 2 indictments for Assault with Intent to Rape a Child, an offense which carries a sentence in state prison for life or for any term of years; 2 indictments for Incest, an offense which carries a maximum sentence of 20 years; and 5 indictments for Indecent Assault and Battery on a Child, an offense which carries a maximum sentence of 10 years.
The case was very involved, highly complex, thoroughly investigated, and strongly prosecuted. The Commonwealth was very intent on prosecuting the case to the fullest extent of the law. The Noonan Defense Team was even more intent on proving their client’s innocence. On January 3, 2017, the Noonan Defense Team came to trial ready to attack. On the day of trial, the Commonwealth filed a Nolle Prosequi on all charges “in the interest of justice.” A Nolle Prosequi is the formal determination of the District Attorney that he will no longer prosecute the case.
Result: Our client was charged with very serious offenses carrying the possibility of LIFE IN PRISON but due to relentless efforts of the Noonan Defense Team the District Attorney’s Office, on the day of trial, decided that they will no longer prosecute the case.
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