A Boston Judge accused of helping an illegal alien avoid U.S. Immigration and Customs Enforcement (ICE) agents is scheduled to face a misconduct hearing.
Judge Shelley M. Richmond Joseph, an associate justice of the Massachusetts District Court Department, is facing a civil misconduct allegation in connection with a 2018 incident at the Newtown District Court in which she allegedly shielded Jose Medina-Perez, an illegal alien from the Dominican Republic who had been arrested on state charges including drug possession. Medina-Perez had been deported twice before and was subject to an (ICE) detainer.
According to federal prosecutors and multiple investigations, Newton Police transferred Medina-Perez to the court on April 2, 2018, notifying authorities of the ICE detainer and warrant for his arrest upon release from state custody. An ICE officer arrived at the courthouse around 9:30 a.m. and informed court personnel, including Judge Joseph, of their intent to take Medina-Perez into custody.
During Medina-Perez’s afternoon hearing, the courtroom clerk instructed the ICE officer to wait in the lobby, assuring him that any release would occur through the courtroom into the lobby. This was done at the direction of Judge Joseph.
An unrecorded sidebar conference occurred between Judge Joseph, the defense attorney, and the assistant district attorney (ADA). The defense attorney allegedly requested permission to accompany Medina-Perez to the lockup area to retrieve property after his release.
The audio recorder was turned off during the sidebar conversation, a violation of district court rules.
Immediately after the hearing, then-court officer Wesley MacGregor allegedly escorted Medina-Perez, his attorney, and an interpreter downstairs to the lockup. Using his security access card, MacGregor opened the rear sally-port exit, allowing Medina-Perez to leave the building at 3:01 p.m., evading the ICE officer in the lobby.
On April 25, 2019, a federal grand jury in Boston indicted Judge Joseph and MacGregor on two counts of obstruction of justice, and one count of conspiracy to obstruct justice. MacGregor also faced a perjury charge for allegedly lying to the grand jury about his knowledge of the ICE detainer and claiming he accidentally disabled the courtroom audio recorder due to unfamiliarity.
On September 22, 2022, federal prosecutors under the Biden Justice Department dropped all charges against Judge Joseph in exchange for her agreement to self-refer to the Massachusetts Commission on Judicial Conduct (CJC) and make certain admissions related to the incident. MacGregor received immunity for testifying against her.
Newton, MA Judge Shelley Joseph, paid almost $210,000 a year by taxpayers, is back in the news for helping a twice-deported illegal alien with drug charges and a fugitive warrant escape ICE in 2018.
Recently a state panel accused her of judicial misconduct, misleading… pic.twitter.com/GwQeBf2MSH
— Mass Daily News Live
(@MassDaily_Live) December 9, 2024
As part of the 2022 federal agreement, the CJC investigated Judge Joseph’s conduct. On December 2, 2024, the CJC filed formal charges with the SJC, accusing her of willful judicial misconduct and conduct “unbecoming a judicial officer.”
Judge Joseph is accused of creating a “reasonable impression” that she was intentionally allowing Medina-Perez to evade ICE custody, being “less than fully candid” in her explanations of the incident, violations of court policy due to the sidebar conversation, and taking actions that undermine public confidence in the judiciary.
The CJC scheduled a public hearing for June 9, 2025, in Boston, presided over by Judge Denis McInerney presided over by Judge Denis McInerney. A final report is expected in the coming weeks.
The case bears similarity to an ongoing criminal case against Milwaukee County Judge Hannah Dugan, who is being charged with obstruction of justice for allegedly concealing Eduardo Flores-Ruiz, an illegal alien who was implicated in a vicious assault, from arrest following a pre-trial detention hearing.
Newly released footage of the incident shows the judge, dressed in her black robes, speaking to federal agents who were attending a pre-trial detention hearing in order to take Flores-Ruiz into custody.
The April 18 footage, which was released by Milwaukee County through an open records request, shows agents walking down a hallway after being directed through a door by Judge Dugan. This, according to federal prosecutors, indicates that Dugan was attempting to distract the agents as they were attempting to make the arrest.
At the same time, the video shows Flores-Ruiz and his attorney exiting the courtroom through a restricted exit typically used by jurors shortly after ICE agents left the building. One federal agent could be seen following Flores-Ruiz as he entered an elevator and later left the building, the footage also shows.
Flores-Ruiz is later seen running for about a block before he was apprehended by ICE agents.
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