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According to federal prosecutors, ICE issued an immigration detainer against Medina-Perez, who had previously been deported, following his arrest by Newton Police in March of 2018.
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.
originally posted by: OccamsRazor04
a reply to: BomSquad
I am actually surprised they are facing consequences.
TextCharges for which the Default is to Decline Prosecuting (unless supervisor permission is obtained).
Shoplifting (including offenses that are essentially shoplifting but charged as larceny)
Larceny under $250 Disorderly conduct
Disturbing the peace
Receiving stolen property
Minor driving offenses, including operating with a suspend or revoked license
Breaking and entering — where it is into a vacant property or where it is for the purpose of sleeping or seeking refuge from the cold and there is no actual damage to property
Wanton or malicious destruction of property
Threats – excluding domestic violence
Minor in possession of alcohol
Drug possession with intent to distribute
A stand alone resisting arrest charge, i.e. cases where a person is charged with resisting arrest and that is the only charge
A resisting arrest charge combined with only charges that all fall under the list of charges to decline to prosecute, e.g. resisting arrest charge combined only with a trespassing charge
Newton District Court Judge Shelley M. Richmond Joseph and the court officer, identified in court documents as Wesley MacGregor, face several charges stemming from an April 2, 2018 incident in which the pair allegedly helped Jose Medina-Perez get out of the courthouse via a back door in order to elude the ICE agent who sought Medina-Perez.
“This case is about the rule of law. The allegations in today’s indictment involve obstruction by a sitting judge, that is intentional interference with the enforcement of federal law, and that is a crime," U.S. Attorney for the District of Massachusetts Andrew Lelling said Thursday.
Medina-Perez, a twice-deported illegal immigrant with a fugitive warrant for drunken driving in Pennsylvania, had been in Joseph's courtroom in order to be arraigned on drug charges, the Boston Globe previously reported.
Medina-Perez’s freedom was short-lived. He was arrested a month later after the court hearing and again let go, this time by an immigration judge who freed him on bond, the Boston Globe reported. That case is currently pending, officials said. The 38-year-old native of the Dominican Republic had been previously deported in January 2003 and June 2007, ICE said. His real name is Oscar Manuel Peguero, although he goes by several aliases.
originally posted by: BomSquad
a reply to: OccamsRazor04
Just because someone is a judge, that doesn't mean they get to pick and choose which laws get enforced. In this case, the judge not only did not enforce the law, they actively sought to circumvent the enforcement of it.