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Trial for Cambridge City Councilor Charged With Buying Sex Mired in Evidence Dispute

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Cambridge City Councilor Paul F. Toner, who faces charges for patronizing a high-end brothel ring, is the only defendant of 34 men who will go to trial. But before Toner’s trial can begin, the case has stalled in front of the court for months as his lawyer demands documents from the federal government investigation.

Toner pleaded not guilty to charges of sexual conduct for a fee, a misdemeanor, at a May 17 hearing. The charges stem from a federal investigation in November 2023, which resulted in the arrest of three ringleaders and the discovery of a “brothel phone” that traced back to 2,800 clients in parts of Cambridge and Washington D.C. suburbs — including Toner.

His lawyer, Timothy R. Flaherty, asked a Cambridge District Court judge to compel the U.S. Attorney’s Office to share the search warrants that led to the discovery of the phone and the apartments Toner is alleged to have visited.

Flaherty argued that the search warrant could support the claim that Toner was unfairly singled out in the case, giving him grounds to seek dismissal for selective prosecution. Toner declined to comment.

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The U.S. Attorney’s Office, which prosecuted the three “ringleaders” of the brothel on federal charges earlier this year, chose not to pursue federal charges for the individual clients. Instead, the office referred the cases to local law enforcement.

Out of 2,800 total clients found on the phone, only 34 in Cambridge were named and charged, and Toner was the highest profile individual. The U.S. Attorney’s Office declined to comment on the proceedings.

David E. Frank, the district court judge overseeing the case, directed the U.S. Attorney’s Office to share the search warrants under a protective order. This limits access to the documents to Toner and Flaherty and prevents dissemination of the documents after the case concludes.

The remaining 33 men all agreed to a form of pre-trial probation, which allows them to avoid conviction on charges connected to the brothel but requires 24 hours of community service alongside a $2,000 payment to one of two nonprofit organizations dedicated to preventing human trafficking.

News of Toner’s criminal charge, first announced by the Cambridge Police Department in March, sent shockwaves through the city’s political scene.

Other Councilors, who had learned of Toner’s involvement in the brothel ring more than a year before it became public, largely condemned Toner in the days following his criminal charge. He was also removed from his six committee chairmanships by E. Denise Simmons, Cambridge’s mayor, less than a week after his criminal charge.

Two of Cambridge’s state representatives and a majority of the nine-member City Council called on Toner to resign by early April, while public backlash against the councilor swelled.

Toner resisted calls for his resignation in an initial statement, though he announced in July that he would not run for reelection. Flaherty, his lawyer, is currently running for the Council seat.

—Staff writer Matan H. Josephy can be reached matan.josephy@thecrimson.com. Follow him on X @matanjosephy.

—Staff writer Laurel M. Shugart can be reached at laurel.shugart@thecrimson.com. Follow them on X @laurelmshugart.

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