Internet Explorer 11 is not supported

For optimal browsing, we recommend Chrome, Firefox or Safari browsers.

The Secret Court: Criminal Charges Disappear in Massachusetts' Closed-Door Hearings

In the Massachusetts criminal justice system, closed-door hearings are often held in private offices without public notice. The outcome is up to the discretion of a single court official who may not have a law degree.

By Jenn Abelson, Nicole Dungca and Todd Wallack

Leneeth Suazo, four months pregnant, had tried to ignore her ex-boyfriend’s menacing voice mails, phone calls, and text messages since he kicked her out of his apartment.

Now it was New Year’s Eve and the doorbell wouldn’t stop ringing at the apartment complex where Suazo had taken refuge. She knew it was Jim Phane outside, pressing every buzzer in the building.

Suddenly, there was a knock at the front door. Phane, let in by a neighbor, was standing there, begging Suazo to talk to him.

Fearful that he’d attack her as he had once before, Suazo discreetly pressed record on her cellphone. Phane threatened her, and when he noticed the phone was recording their conversation, he lunged.

“Jim, don’t touch me. Don’t touch my face. I don’t want you to touch me . . . Stop!”

Suazo later told police that he grabbed her jaw, shoved her, and elbowed her belly before fleeing as she screamed. A judge granted a restraining order, based on her application outlining the alleged history of violence, and police sought a felony assault and battery charge against the ex-boyfriend.

But justice would elude her. The case would go into the darkest corner of the Massachusetts criminal justice system, where closed-door hearings are often held in private offices without public notice, where the outcome is up to the discretion of a single court official who may not have a law degree, and where thousands of substantiated criminal cases go to die every year.

From Our Partners