Apr 25, 2019, By Dan Glaun

The Massachusetts Supreme Judicial Court has suspended District Court Judge Shelley Joseph without pay following her indictment Thursday on charges that she obstructed justice by helping an immigrant defendant avoid arrest by Immigration and Customs Enforcement.

“This Order is based solely on the fact that a sitting judge has been indicted for alleged misconduct in the performance of her judicial duties,” the SJC said in its suspension order. "It in no way reflects any opinion on the merits of the pending criminal case. The Code of Judicial Conduct prohibits all judges from making ‘any statement that might reasonably be expected to affect the outcome or impair the fairness of a matter pending or impending in any Massachusetts court.’ "

According to federal prosecutors, ICE issued an immigration detainer against Jose Medina-Perez following his arrest on drug charges by Newton Police in March of 2018. Medina-Perez, who had previously been deported and ordered not to return to the U.S., also had an open fugitive of justice warrant for a Pennsylvania drunk driving case.

A plainclothes ICE agent showed up at Newton District Court for Medina-Perez’ arraignment, intending to take him into custody. But federal prosecutors allege that Joseph ordered the agent out of the courtroom and ordered the courtroom recorder turned off as she discussed Medina-Perez’ ICE detainer with his defense attorney and an Assistant District Attorney.

“ICE is gonna get him?” Joseph said, according to a transcript of the recorded portion of the conversation.

Joseph then ordered Medina-Perez released without bail and instructed Trial Court Officer Wesley MacGregor to accompany him to the downstairs lockup, while barring the ICE agent from entering the courtroom, according to prosecutors. MacGregor then allegedly allowed Medina-Perez to exit through a back door.

MacGregor retired last month.

Both Joseph and MacGregor were indicted Thursday on counts of conspiracy to obstruct justice, aiding and abetting obstruction of justice and aiding and abetting obstruction of a federal proceeding.

Prosecutors also alleged MacGregor committed perjury, falsely telling a federal grand jury that he did not know there was an ICE detainer for Medina-Perez at the time.

Both immigrant advocates and some state judges have chafed at the presence of federal immigration authorities in courtrooms, saying they can intimidate immigrants out of appearing in court as witnesses.

Correction: The SJC, not the Massachusetts Trial Court, issued the suspension order.

https://www.masslive.com/news/2019/04/tr...indictment.html

Justice is coming! Judge is in tears!

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