BOSTON (WHDH) - A hearing was underway for Massachusetts District Court Judge Shelley Joseph to determine if she violated the judicial code of conduct after an illegal immigrant slipped away from an ICE agent on her watch.
“She failed to be candid and honest,” said Judith Fabricant, Special Counselor.
It happened at the Newton District Court back in April of 2018. Jose Medina Perez, who had been deported twice before, was brought in on drug charges.
When ICE found out, an agent planned to take him into custody following the proceedings. Judge Joseph was presiding and offered the court recorder shut off during a discussion with attorneys.
“There is one central dispute, what was said during those 52 seconds off the record discussion at sidebar,” said Fabricant.
The special counselor on this case says Judge Joseph helped the man’s defense attorney plan the escape. The judge’s lawyers say that the defense attorney did it all on his own.
“He had this deal, if he could get his client back downstairs, the court officer would let him out the sally port,” said Elizabeth Mulvey, judge’s defense attorney. “And he could make a run for it.”
Then that defense attorney took the stand and gave his side.
“My impression was she also did not want ICE necessarily to pick up the wrong person or pick up Mr. Medina Perez and was trying to find a solution,” said David Jellinek, the illegal immigrant’s defense attorney.”
Both sides toured the Newton District Courthouse to see how Medina Perez got away from ICE.
Judge Joseph once faced federal charges. Those were dropped when she agreed to let the commission on judicial conduct take a look at her actions.
They will eventually decide if she did anything wrong.
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