AP

Feds drop case against judge charged in immigrant’s escape

Sep 22, 2022, 10:37 AM | Updated: 11:01 am

BOSTON (AP) — Federal prosecutors have agreed to dismiss charges against a Massachusetts judge accused of helping a man who was living in the U.S. illegally evade an immigration enforcement agent, officials said Thursday.

Prosecutors moved to drop the case against Newton District Judge Shelley Joseph after she agreed to refer herself to a state agency that investigates allegations of misconduct by members of the bench.

“I have concluded that the interests of justice are best served by review of this matter before the body that oversees the conduct of Massachusetts state court judges, rather than in a continued federal criminal prosecution,” Rhode Island U.S. Attorney Zachary A. Cunha said in an emailed statement. “The requirement that Judge Joseph refer herself to the Massachusetts Commission on Judicial Conduct and make certain factual admissions will ensure that review takes place.”

Cunha was assigned to oversee the case after Massachusetts U.S. Attorney Rachael Rollins recused herself. In her previous role as district attorney for Suffolk County, Rollins had been part of a lawsuit seeking to block federal authorities from making arrests at courthouses of people suspected of being in the country illegally.

Joseph and a court officer w ere charged in 2019 with obstruction of justice on allegations that they schemed to let the man sneak out a back door of the courthouse after a hearing on charges that included drug possession.

The prosecution of a sitting judge sparked outrage from many in the legal community, who slammed the case brought during the Trump administration as politically motivated.

Prosecutors moved to dismiss all charges against Joseph and three charges against ex-courtroom deputy Wesley MacGregor. Prosecutors reached a deferred prosecution agreement with MacGregor on the remaining charge of perjury, which means prosecutors will move to dismiss that charge if he complies with certain obligations.

Joseph’s lawyers said the judge “stands by her innocence,” but has “has agreed to refer this matter to the Massachusetts Commission on Judicial Conduct and will fully participate in any review the Commission deems appropriate.”

“This was a patently political indictment, blindly ground in prosecutorial ambition,” defense attorney Thomas Hoopes, said in an emailed statement.

Authorities said an immigration agent was in the courtroom to detain the man when he appeared in the Newton courthouse in April 2018. The Dominican man had twice been deported and had been barred from entering the U.S. until 2027, prosecutors said.

Authorities say Joseph’s clerk asked the agent to leave the courtroom and told him that the suspect would be released into the courthouse lobby. Instead, prosecutors said that after the hearing, MacGregor led the defendant downstairs to the lockup and let him out a rear door. The man was caught by immigration officials about a month later.

Under the agreement, Joseph admitted to certain facts that will now be considered by the judicial commission.

In a statement of facts that was filed in court, Joseph agreed she knew an immigration official was waiting to take custody of the defendant at the courthouse. The statement says Joseph instructed the court clerk to turn off the recording device while the defense attorney, prosecutor and judge were having a sidebar conversation about the defendant.

During that conversation, the defense attorney asked Joseph to allow his client to go back downstairs, the statement said. When the judge went back on the court record, the defense lawyer asked if he and his client could go downstairs with an interpreter so they could talk, and Joseph agreed, according to the statement.

Shortly after they went downstairs, the court officer opened the door, allowing the man to escape, the statement said.

Copyright © The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

AP

Republican presidential candidates, from left, former Arkansas Gov. Asa Hutchinson, former New Jers...

Associated Press

3rd Republican presidential debate is set for Nov. 8 in Miami, with the strictest qualifications yet

The third Republican presidential debate will be held in Miami on Nov. 8, a day after several states hold off-year elections.

3 days ago

During the equinox, the Earth’s axis and its orbit line up so that both hemispheres get an equal ...

Associated Press

The fall equinox is here. What does that mean?

The equinox arrives on Saturday, marking the start of the fall season for the Northern Hemisphere. But what does that actually mean?

3 days ago

Ray Epps Ray Epps, an Arizona man who became the center of a conspiracy theory about Jan. 6, 2021, ...

Associated Press

Ray Epps, an Arizona man who supported Trump, pleads guilty to Capital riot charge

Ray Epps, the target of a conspiracy theory about the Jan. 6, 2021, attack, pleaded guilty on Wednesday to a misdemeanor charge.

5 days ago

Former President Donald Trump repeatedly declined in an interview aired Sunday, Sept. 17, 2023, to ...

Associated Press

Trump refuses to say in a TV interview how he watched the Jan. 6 attack unfold at the US Capitol

Former President Donald Trump repeatedly declined in an interview aired Sunday to answer questions about whether he watched the Capitol riot.

8 days ago

This frame grab from video, provided by the Mexican government, shows Ovidio Guzman Lopez being det...

Associated Press

Mexico extradites son of ‘El Chapo,’ Ovidio Guzman Lopez to US

The son of notorious cartel leader Joaquin “El Chapo” Guzmán, Ovidio Guzman Lopez was extradited to the U.S. on Friday.

9 days ago

impeachments in US history...

Associated Press

A look at notable impeachments in US history, including Texas Attorney General Ken Paxton

Texas Attorney General Ken Paxton was acquitted Saturday on during his impeachment trial. Here's a roundup of impeachments in U.S. history.

9 days ago

Sponsored Articles

...

DAY & NIGHT AIR CONDITIONING, HEATING AND PLUMBING

Importance of AC maintenance after Arizona’s excruciating heat wave

An air conditioning unit in Phoenix is vital to living a comfortable life inside, away from triple-digit heat.

Home moving relocation in Arizona 2023...

BMS Moving

Tips for making your move in Arizona easier

If you're moving to a new home in Arizona, use this to-do list to alleviate some stress and ensure a smoother transition to your new home.

...

re:vitalize

When most diets fail, re:vitalize makes a difference that shows

Staying healthy and losing weight are things many people in Arizona are conscious of, especially during the summer.

Feds drop case against judge charged in immigrant’s escape