NEWTON, MASS. (WHDH) - A Newton District Court judge accused of helping a suspect avoid immigration officials in 2018 testified Thursday during a hearing about her conduct in court.
Judge Shelley Joseph is now under review by a state commission.
“You deny you had anything to do with it?” asked special counselor Judith Fabricant.
“Right, I didn’t,” Joseph said.
In April 2018, Joseph was presiding over a drug case and the suspect was wanted by ICE. She says the defense attorney asked her to shut off the court recorder for a quick discussion.
“There was one thing that was said off the record, that was not said on the record, and that was his request to meet with his client in the lock-up area, with the interpreter prior to his release,” Joseph said.
Joseph says the defense attorney mentioned he hoped his client would “avoid ICE.” She says she assumed ICE would take the man into custody from lock-up because it was a secure area, but later found out the suspect escaped out a back door, while the ICE agent waited at the front door.
“Did you think that he was going out the back door?” asked Elizabeth Mulvey, Joseph’s defense attorney.
“Oh God no,” Joseph said.
“Did you think, ‘avoid ICE,’ meant in any improper way?” Mulvey asked.
“No,” Joseph said.
“Is there any way you would have been a party to that?” Mulvey asked.
“No. Absolutely not,” Joseph said.
Since there is no court recording of the 52-second sidebar conversation, no one knows exactly what was said. It is against court rules to have off-the-record discussions — something the judge said she didn’t know because she was new to the bench.
“Do you wish you had a record of what happened during those 52 seconds?” Mulvey asked.
“No question,” Joseph responded.
The defense is expected to call a witness Friday morning.
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