Case Results – Dangerousness Hearings

 

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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.


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.


February 27, 2015
Commonwealth v. J.C.
.
Lynn District Court

DANGEROUSNESS HEARING: RELEASED FROM CUSTODY
ASSAULT & BATTERY: RELEASED FROM CUSTODY
DISORDERLY CONDUCT: RELEASED FROM CUSTODY
RESISTING ARREST: RELEASED FROM CUSTODY
THREATS TO COMMIT ARSON: RELEASED FROM CUSTODY
STALKING: RELEASED FROM CUSTODY

The Commonwealth sought to hold the Defendant in custody for 120 days or until trial due to the seriousness of the allegations that he attempted to burn down his ex-girlfriend’s house with gasoline until police intervened to physically stop him. After a Dangerousness Hearing, Defendant was released from custody. Upon a finding of dangerousness and a finding that no conditions of release would ensure the public safety, the Defendant would be held in the House of Correction for 120 days under the new domestic violence statute. Attorney Patrick J. Noonan represented the client at the Dangerousness Hearing and thoroughly impeached and discredited the testimony of the alleged victim-girlfriend.

Result: Attorney Patrick J. Noonan saves his client from serving 120 days in jail


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