Hearings for alleged customers of sex ring will be public, SJC rules

A Massachusetts Supreme Court justice ruled Friday that hearings will be conducted publicly to determine if there is enough evidence to bring charges against 28 suspected customers of a commercial sex ring.

Supreme Judicial Court Associate Justice Frank Gaziano agreed with a Cambridge clerk magistrate that hearings will be held in public, but the applications for criminal complaints against the individuals will not be released.

Typically, these "show cause hearings" are held behind closed doors. But the law allows exceptions when it's in the public interest to open the hearings.

"Opening the show cause hearings to the public ... promotes transparency, accountability, and public confidence in the judiciary by demonstrating that each individual accused of these crimes, no matter their station in life, is treated equally," Gaziano wrote in his ruling.

Federal authorities arrested three accused operators of the prostitution ring in November, alleging the ring catered to a "wealthy clientele" including business executives, elected officials, doctors and military officers. Investigators say the ring operated in Massachusetts and Virginia. The Massachusetts U.S. Attorney's Office referred 28 people to authorities in Cambridge to determine if they'll face misdemeanor charges of buying sex. The alleged customers have not yet been publicly identified.

Cambridge District Court Clerk Magistrate Sharon Shelfer Casey ruled in December that the hearings would be open to the public after appeals from WBUR, The Boston Globe and NBC 10 Boston, citing public interest in the case. However, the clerk denied giving WBUR access to related records in the case. Then, WBUR and other media outlets petitioned Gaziano for access to the documents.

The clerk magistrate hearings were scheduled to begin in Cambridge District Court last month. Gaziano delayed the hearings after some of the alleged customers, identified as "John Does," legally challenged media requests for the documents supporting the court appearances. Their attorneys argue that clerk magistrate hearings are typically closed to the public and information about the suspected sex buyers should not be released unless the hearings determine that criminal charges will be filed.

In allowing the hearings to be open, Shelfer Casey said that because the customers are believed to be prominent members of the community, open hearings would ensure transparency in the court process and protect against potential favorable treatment for any of the suspected sex patrons. But Shelfer Casey decided against releasing the applications for criminal complaints saying that they could contain erroneous, non-public information that could expose someone who ultimately is not charged with a crime. When Gaziano delayed the hearings, he asked Shelfer Casey to elaborate on her reasoning.

"As noted by the United States Attorney, there has been a historical trend to protect or, at the very least, not name buyers who 'fuel the commercial sex industry.' Reversing that practice and providing the public with access that will allow it to evaluate the fairness of treatment provides a strong counterweight to the privacy interests of those responding to the complaint," Shelfer Casey wrote in her response.

Lawyers for 18 "John Does" say the issue doesn't rise to the level of "legitimate pubic interest simply because the media reported on it." They argued that their clients are not prominent and should not be publicly embarrassed if they are not charged with a crime.

"None of the John Doe Nos. 1- 13 are public officials," one filing said. "While one is a doctor, and one a lawyer, they are not 'powerful' or 'elite'."

It is not clear when the hearings might be scheduled in Cambridge District Court.