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A Massachusetts judge and an officer accused of helping a clandestine immigrant flee an immigration and customs officer awaiting arrest were charged Thursday by a federal grand jury for obstructing justice and three other leaders, officials said.
Judge Shelley Mr. Richmond Joseph, Judge at the Newton District Court, and the court official, identified in court documents as Wesley MacGregor, face several charges arising out of an incident that occurred on April 2, 2018 in which the couple allegedly helped Jose Medina-Perez out of the back door court in order to evade the ICE agent who was looking for Medina-Perez.
"This case concerns the rule of law. The allegations contained in the indictment of today imply the obstruction of a sitting judge, an intentional interference in the application of federal law and it is a crime, "Massachusetts District Attorney Andrew Lelling said Thursday.
Joseph and MacGregor have both been charged with obstructing justice, assistance and encouragement; obstruction of a federal proceeding, complicity and conspiracy to obstruct justice, said Lelling. MacGregor has also been charged with perjury before a federal grand jury.
"As civil servants, all court officials make a promise to serve the interests of the people first and foremost, and we know today that this promise has been broken," said Peter Fitzhugh, Special internal security investigations. in Boston, who conducted the investigation.
Medina-Perez, a clandestine immigrant deported twice with a warrant for driving while intoxicated in Pennsylvania, had gone to Joseph's courtroom in order to get him out of jail. to be tried for drug charges, reported the Boston Globe.
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Medina-Perez was subject to detention by the ICE – a written application for detention of an individual wanted for deportation for 48 hours – and an ICE officer was waiting in the courthouse lobby to arrest Medina-Perez after the indictment, officials said. But during the hearing, Joseph asked the Medina-Perez attorney: "ICE will pick him up?", According to hearing records obtained by the Boston Globe in December and published on Thursday in court documents.
The Medina-Perez attorney was also heard telling Joseph "ICE will pick him up when he goes out the door." But I think the best thing to do is to fix the problem of the fugitives and release him on a personal basis, hoping that he can avoid ICE … that's what I can do better. "
"And if we kept him in detention?" Asked the judge before asking the clerk to turn off the audio recorder from the courtroom, leaving the next 58 seconds unsaved.
A few minutes later, Medina-Perez's lawyer stated that his client "had property downstairs" and that he had to speak to an interpreter, which Joseph authorized.
MacGregor then used his secure access card to escort Medina-Perez out of the courthouse without being seen by the ICE agent, officials said.
With the recorder extinguished, the accused Joseph and the defense attorney discussed the possibility of creating an A.S. [Medina-Perez] avoid being arrested by the ICE officer, "said court documents.
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The ICE agent continued to wait in the hall without knowing that the illegal immigrant had already left the building, said Lelling, adding that Joseph had lied about the incident to the his superiors when he was asked questions about it.
"The citizens of this country deserve nothing less than knowing that their appointed and elected representatives work for them while adhering to and upholding the rule of law, not on their agenda," said Fitzhugh. "Special Internal Security Investigation Officers remain committed to fulfilling our promise to the public, without compromise."
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Joseph Baker was appointed Massachusetts District Judge by Massachusetts Governor Charlie Baker in 2017, after serving for several years as defense attorney and attorney, the Boston Globe reported.
After news of Joseph's alleged intervention was revealed in December, Baker told reporters that he was convinced that Joseph should be put on the table during the investigation.
"I do not think she should hear criminal cases as long as this federal case is not resolved," said Baker about Joseph. "Look, the judges are not supposed to obstruct justice, and as far as I know, based on the facts as they were presented, she clearly violated the court's policy regarding the how they are supposed to: ensure continuity and involve the federal authorities in matters of immigration. "
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The freedom of Medina-Perez was short-lived. He was arrested a month later after the hearing and was again released, this time by an immigration judge who released him on bail, the Boston Globe reported. This case is currently pending, officials said. The 38-year-old man from the Dominican Republic had been deported in January 2003 and June 2007, said ICE. His real name is Oscar Manuel Peguero, although he calls several times.
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