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Judge Shelley Richmond Joseph, 51, and former trial court officer, Wesley MacGregor, 56, face charges of conspiracy to obstruct justice, obstruct to justice, obstruction of federal proceedings – complicity and perjury, according to an indictment US District Court in Boston.
"This case concerns the rule of law," said US lawyer Andrew Lelling in a statement. "We can not choose the federal laws we follow, nor use our personal opinions to justify a violation of the law."
Joseph and MacGregor were scheduled to appear in federal court in Boston on Thursday afternoon. We did not know immediately if they had a lawyer.
"All members of the justice system – not just judges, but law enforcement officials, prosecutors and defense lawyers – should be subject to higher standards," Lelling said. "The people of Massachusetts are waiting for that, just as they expect the judges to be fair, impartial and respect the laws themselves."
Federal prosecutors said the charges stemmed from an incident on April 2, 2018 in which Richmond and MacGregor allegedly allowed an undocumented immigrant at a hearing for drug-related charges. escape detention by an ICE officer.
Newton 's police arrested and charged a day earlier an undocumented immigrant to be a fugitive of justice and drug possession, according to the indictment. Authorities later learned that he had been deported from the United States in 2003 and 2007 and that it was forbidden to return to the country until 2027. ICE had then issued a warrant for Stop and a warrant for arrest.
A plainclothes ICE officer was at Newton's courthouse to execute the warrant.
According to the court documents, Joseph ordered the clerk to ask the ICE agent to wait in the lobby.
When the case was called that afternoon, an audio recording of the court captured Joseph, the defense attorney and the attorney speaking next to the ICE attorney's bar.
Joseph allegedly ordered the clerk of the court to "withdraw from the case for a moment". The audio recorder was turned off for 52 seconds, the indictment says.
When powering on the recorder, the documents indicated that Joseph intended to release the accused.
The defense lawyer asked to speak with the accused downstairs.
"I believe that he has property downstairs," said the lawyer. "I'd like to talk with him downstairs with the performer if I can."
Joseph replied, "Well, of course," according to the prosecutors.
When the clerk reminded him that an ICE officer was in the courthouse, Joseph said, "It's good, I'm not going to allow them to come here." But he was released on this subject."
MacGregor would then escort the defendant, his lawyer and an interpreter to the basement and would have used his secure access card to open the back exit and release the defendant, the indictment said.
In a 2017 report, ICE defined Boston as a jurisdiction limiting cooperation with the immigration agency.
However, the indictment referred to guidelines issued in November 2017 by the executive board of the Massachusetts Court of First Instance, according to which "DHS officials may enter a courthouse for damages. perform their official duties ".
"All members of the justice system – not just judges, but law enforcement officials, prosecutors and defense lawyers – should be subject to higher standards," Lelling said. "The people of Massachusetts are waiting for that, just as they expect the judges to be fair, impartial and respect the laws themselves."
CNN's Eric Levenson contributed to this report.
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