ASSAULT & BATTERY CHARGE AGAINST ELECTRICIAN DISMISSED AT TRIAL OVER THE OBJECTION OF THE ALLEGED VICTIM AND THE DISTRICT ATTORNEY’S OFFICE.

Client, an Electrician and Canton resident, was charged with Assault & Battery against his wife. Canton Police were dispatched to the parking lot of the client’s condominium in response to a 911 call made by his wife. Upon arrival, the wife, visibly upset at the scene, alleged that the client was angry with her and ripped her pocketbook out of her hands causing the contents of the pocketbook to be scattered about the parking lot. The client told police that they had a verbal argument but the police decided to arrest him and charge him with Assault & Battery.

Result: This case had a complicated history. The wife had taken out several restraining orders against the client where she made very serious allegations against him. Specifically, she claimed that the client had forced sex upon her, had threatened to kill her on multiple occasions, and even attempted to kill her. During the restraining order hearings, Attorney Patrick J. Noonan vigorously cross-examined the wife and locked her into many lies, false allegations, and contradictory statements, which he planned on using against her at the client’s criminal trial. For example, the wife claimed that the Defendant had murdered his first wife but Attorney Noonan had irrefutable evidence that his first wife died of cancer. The wife further alleged that the Defendant took out a life insurance policy on her and was motivated to kill her to collect millions of dollars but Attorney Noonan had a witness from the insurance company ready to testify that these allegations were untrue. The wife alleged that the client had taken to Florida to feed her to alligators but Attorney Noonan had pictures from their trip to Florida showing the wife posing with stuffed alligators while laughing and having a good time. On a prior occasion, the wife called the police to report that the client had weapons in his house that he planned to kill her with but Attorney called the investigating officer as a witness who was prepared to testify that he searched the client’s home and did not find any weapons. Attorney Noonan had evidence to prove that the wife told lie after lie after lie. On the day of trial, the wife claimed that she needed an interpreter in order to testify but there was no interpreter in court. After speaking to the wife, the prosecutor requested a continuance of the trial so they could arrange to have an interpreter at the next trial date. Attorney Noonan objected to a continuance of the trial, and moved for trial, arguing that the wife did not need an interpreter because she had previously testified, in the same court, in two different hearings, without an interpreter and she did not have any difficulty speaking or understanding English and she previously filed written Affidavits, in English, in her own writing without the assistance of anyone. The Judge found that the wife did not need an interpreter to testify. The wife was faced with an ultimatum: Either she testifies at trial right now or the case gets dismissed. The wife elected not to testify. Attorney Noonan moved to dismiss the case. The Judge dismissed the case over the objection of the prosecutor and the wife.