Not sure if further appeal is allowed under MA law
[QUOTE=Hyperion11;6776974]This disgusting circus is back on track. SJC decided that:
<< I conclude that the Clerk-Magistrate's decision to open the show cause hearings and deny pre-hearing access to the applications for complaint does not constitute an abuse of discretion or error of law. Opening the show cause hearings to the public, as she found, 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. The Clerk-Magistrate, in her findings, articulated an adequate basis for denying access to the applications for complaint; the disclosure of extraneous personal information could create "collateral consequences for the individuals involved, and gratuitously expose non-public information that would otherwise remain private for those persons for whom no probable cause is established. ".
So, hearings will be open to public, press won't get the actual applications.[/QUOTE]In the federal system, an interim order by a single judge, or the decision of a panel (usually consisting of 3 judges) can be appealed to the entire court. For the federal system, at the appellate level, this is called a request for an 'en banc' review. Not sure how things work in MA but it's hard to imagine that a single justice will have the absolute last word on the matter. I would imagine that defense attorneys would appeal to the entire Supreme Court to hear their arguments on due process and privacy grounds. And it might even be possible for defense attorneys to turn to federal courts for protection of their clients' Constitutional rights.
Hard to say, but if this truly is the end of the legal trail for the public vs private determination, then everyone who's been summoned is screwed. We'll know soon enough as they'll either announce new probable cause hearing dates, or we'll hear about more delays.
Jin I appreciate your Opinion bro.
And although I do definitely agree with you, I just thought they were entertaining vids, that's all. But everything you said was spot on man and you are 100% correct. I certainly wouldn't go around doing that shit, it's extremely risky. You do that type a stuff and it makes you a target with your local law enforcement. LMAO, a officer will be like "oh yeah fellas let's rough this joker clown up for taping us". You basically become a mark at that point. Me personally, I just like to avoid Drama with any LE people and just let them b. But it's always funny when the guys out here get smart aleck with the cops or they post about how they did before. I'm like "bro you're crazy, LMAO, but at the same time respect for having balls to be a wise ass to them". Even if you out school them at their own Game, it's best to not be a shrewd about it. I don't even bother with that shit, plus lot of you out here are smarter than me when it comes to stuff.
At this point, DOJ and local LE are probably concerned about saving face
[QUOTE=Katokay;6785628]I read both doj reports. Check online, they're viewable to the public. The main handler Han or Hana is a woman the other 2 are men. The providers were paid 50% of the fees and kept all tips. The providers were concerned about being caught not about being forced to prostitute. No one is being charged with trafficking. Media outlets are never going to report on most of the facts that don't portray the women as victims.[/QUOTE]The Federal case against the 3 primary defendants is a slam dunk, IMO. But the local cases against alleged clients seem to be turning into a can of worms. From the 28 enumerated in the initial press release, we're now apparently down to 14. At least 14 is the number of due process appeals that have reportedly been filed. What's become of the other 14 is anyone's guess.
DOJ isn't technically responsible for the local prosecutions, but they'll still lose face if anything goes wrong. They need the media to help sell the "trafficking" narrative so they'll both work together to keep that going, no matter what. And the media smells blood because they know publicly revealing the identities of the defendants will be a major coup (for them) and they don't care how many lives are ruined.
The only hope for any of the defendants is that there's a favorable ruling from the SJC on the due process and privacy issues. As I've posted previously, there may be a route into the federal court system on Constitutional grounds. But that's too far down the path to see right now. I'm sure at least some of the defense attorneys will make the attempt if and when that time comes.
Consider this as one of the scenarios DOJ and LE might be worried about: The number of potentially prosecutable cases drops (for whatever reason) from 28 to 14. Then, whether via public or private court hearings, only a few are found to meet the probable cause standard. After the media finishes crucifying those poor bastards, their attention will turn to LE and will ask WTF happened to the "strong" cases. And, IIRC, when the initial busts happened the Feds were trumpeting the large number of clients each agency had. So, if they've raised expectations and don't deliver, or under-deliver, negative public opinion is inevitable.
No "trafficking" convictions + very few (no?) "buyers of sex" convictions = major DOJ heartburn. Lots still to unfold, of course, so stay tuned.
Hard to imagine receiving a summons and NOT hiring a lawyer
[QUOTE=Hyperion11;6786460]I would rather think that the other 14 don't have an attorney (yet). Maybe they cannot afford one? Or maybe they're just waiting to see what happens. Whatever decision is taken, will apply to all 28 anyway, so maybe they don't see a point in paying attorneys at this time.[/QUOTE]All of the alleged clients had enough discretionary income to (allegedly) spend on visits to the agencies. And it's doubtful that LE, at least with this initial tranche, would be targeting clients with just a few visits or anyone who doesn't meet the criteria they laid out when they made a big deal about how agency clients included prominent individuals.
All things considered, it's hard to imagine any defendant in this first group being someone who can't afford to hire a lawyer. And, considering the fact that their lives are at risk of being ruined, it's hard to imagine any defendant not hiring an attorney immediately after receiving a summons. Would you sit back and wait to see what happens? I certainly wouldn't. I'd not only hire a lawyer but I'd also be making a Plan B, Plan C, and a plan for as many scenarios as I could think up.
Maybe what you point out might possibly apply to one or two, but to fourteen? I think not. Also, the reason why every summoned defendant needs a lawyer now is because, no matter what the SJC decision is, the probable cause hearings will still take place. The only issue in dispute is whether they'll be public or private. So, IMO, any summoned individual who hasn't already hired a lawyer is a certifiable idiot.