Defense attorneys argue against open hearings in Cambridge sex-ring case

Defense attorneys are asking Massachusetts' highest court to close the hearings scheduled for people suspected of buying sex from an alleged prostitution ring run out of luxury apartments in Cambridge and Watertown.

In court filings Monday, attorneys for some of the 28 unnamed individuals said the clerk magistrate hearings in Cambridge District Court should not be open to the public. The attorneys wrote "the accused are entitled to privacy at this early stage in the proceedings, and public hearings should remain the exception rather than the rule. "

Those accused have not been publicly identified and were scheduled to appear at "show cause" hearings before a clerk magistrate last week to determine if criminal charges would be filed against them. A clerk magistrate had ruled that the hearings, which are typically held behind closed doors, would be open because of a "legitimate public interest."

"I certainly don't think the clerk magistrate made the right decision," said Benjamin Urbelis, an attorney representing five of the people summoned to the hearings. "The clerk magistrate made a decision before she even knew who our clients were or what their professions were, before we even had an opportunity to be heard."

The hearings were originally scheduled to begin last week but were postponed after WBUR and The Boston Globe asked the court for access to the documents supporting the potential charges. When the clerk magistrate refused, the matter went to a single justice of the state Supreme Judicial Court. Associate Justice Frank Gaziano stayed the hearings and gave the parties until Monday to respond.

When federal authorities arrested the three alleged operators of the prostitution ring in November, they said it catered to a "wealthy clientele" that included business executives, elected officials, doctors and military officers. The Massachusetts U.S. Attorney's Office referred the 28 people to authorities in Cambridge to determine if they'll face misdemeanor charges of buying sex from the ring.

In arguing against the hearings being held in public, the defense attorneys' filing for 13 "John Does" said none of their clients is a public official, specifying that no one they represent is “seeking or holding political office or in other key government positions,” or in any other role as a public figure. Attorneys for additional unidentified "John Does" have joined the filings, with a total of 17 suspected "John Does" listed as petitioners late Monday afternoon.

The Massachusetts Association of Criminal Defense Lawyers filed a letter in support of the attorneys, arguing that the clerk-magistrate’s "blanket decision to open all show cause hearings to the public without permitting the John Does to be heard about their individual privacy interests clearly violated their constitutional rights to due process."

The attorneys are asking for the state's highest court to vacate the clerk magistrate's decision to open the hearings and allow the 28 people to outline their cases in private. Any criminal charges filed after a hearing would be public information.

Shira Diner, president of the Massachusetts Association of Criminal Defense Lawyers, said in an interview that she understands concerns about possible preferential treatment for prominent people involved in the criminal legal system and said the full Supreme Judicial Court should review the case because there "should be more guidance and direction and standards for how a clerk magistrate should evaluate whether something is in the legitimate public interest."