FILE - In this March 12, 2019 file photo, Andrew Lelling, U.S. Attorney for the District of Massachusetts, speaks during a news conference in Boston. On Thursday, April 25 Lelling announced charges against Newton, Mass., District Court Judge Shelley M. Richmond Joseph and a former court officer on obstruction of justice for allegedly helping a man in the country illegally evade immigration officials as he left the courthouse after a hearing. (AP Photo/Steven Senne, File)

Massachusetts judge charged with helping man evade ICE

April 25, 2019 - 3:12 pm

BOSTON (AP) — A Massachusetts judge was indicted Thursday on charges that she helped a man who was living in the U.S. illegally evade an immigration agent by sneaking out the back door of a courthouse.

District Court Judge Shelley M. Richmond Joseph and onetime court officer Wesley MacGregor were charged with obstruction of justice in the case, which developed from accusations that they schemed to let the man escape after a hearing last year on charges that included drug possession.

The charges against Joseph and MacGregor were swiftly condemned by the state's attorney general, who called the case "a radical and politically-motivated attack" on the courts by federal authorities.

Lawyers, judges and advocates have criticized President Donald Trump's administration for stepping up immigration arrests at courthouses, saying it is disrupting the criminal justice system and scaring people away from halls of justice.

Massachusetts U.S. Attorney Andrew Lelling said the charges were not meant to send a message about immigration policy. Everyone must be held to the rule of law, even the privileged and powerful, he said.

"From certain corners I have heard the occasional gasp of dismay or outrage at the notion of holding a judge accountable for violating federal law," Lelling said. "But if the law is not applied equally it cannot credibly be applied to anyone."

Joseph, 51, and MacGregor, 56, were scheduled to appear in Boston federal court later Thursday. Emails were sent to their attorneys. Joseph has been suspended without pay, the Massachusetts Supreme Judicial Court said.

They came under federal investigation last year after authorities said they schemed to let the man escape from the Newton courthouse.

An immigration agent was in the courtroom to detain the man. Authorities say Joseph asked the agent to leave the courtroom and told him that the suspect would be released into the courthouse lobby.

Instead, after the hearing, MacGregor led the defendant downstairs to the lockup and let him out a rear door, Lelling said.

The man, who had been barred from entering the U.S. until 2027, was caught by immigration officials about a month after the hearing, Lelling said, and is now in immigration proceedings.

MacGregor was also charged with perjury. Authorities say he falsely told the grand jury that he was unaware that ICE agents were in the courthouse before he let the suspect out the door.

"Abuses of power hurt us all," said Peter Fitzhugh, special agent in charge of U.S. Immigration and Customs Enforcement Homeland Security Investigations in Boston. "It undermines the core mission of government to serve the people. It has no place in a just and accountable society," he said.

Massachusetts Attorney General Maura Healey blasted Lelling for the charges, saying the matter could have been handled by the state's Commission on Judicial Conduct and the trial court.

"Today's indictment is a radical and politically-motivated attack on our state and the independence of our courts," Healey said in a statement. "It is a bedrock principle of our constitutional system that federal prosecutors should not recklessly interfere with the operation of state courts and their administration of justice."

Carol Rose, executive director of the ACLU of Massachusetts, called the decision to bring the case "preposterous, ironic, and deeply damaging to the rule of law."

The Trump administration has resisted calls to add courthouses to the list of so-called "sensitive locations" that are generally free from immigration enforcement, like schools and places of worship.

Courthouse arrests happened under Democratic President Barack Obama, but advocates and lawyers across the country have said the practice has increased under Trump.

Immigration officials have said communities are forcing their hand by refusing to transfer immigrants in local prisons and jails to ICE custody. They also argue that courthouse arrests are safer for agents because people have to go through metal detectors when they enter courthouses.


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