Newton District Court Judge’s Case Will Go On, Says Appeals Court

NEWTON, MA — A federal appeals court has declined to dismiss the case against Newton District Court Judge Shelley Joseph and her courtroom deputy Wesley MacGregor, who were accused of helping an undocumented immigrant evade a federal agent who had come to the courthouse to detain him, reported The Boston Globe.

According to court documents, Joseph and MacGregor's lawyers argued that the prosecution of their case is unconstitutional and Joseph is protected from federal prosecution under judicial immunity.

However, US Circuit Judge William Kayatta wrote in the latest decision released Monday that the court cannot review the case because it is “premature.”

"The defendants' request that we step in now and review the trial court's refusal to dismiss their indictments prior to trial based on Judge Joseph's claim of absolute judicial immunity and both defendants' contention that their prosecution offends various provisions of the United States Constitution,” Kayatta wrote. "We must reject the defendants' request for pre-trial review of the denial of their motions to dismiss because their appeals are premature.”

"Judge Joseph's primary argument for challenging the indictment rests on her claim that, as a state district court judge, she is immune from federal prosecution for the conduct alleged in the indictment,” he continues. "This immunity, she argues, protects her against not just conviction, but also against prosecution. Thus, she reasons, she will lose an important part of that protection if her immunity defense is not vindicated until after trial. The flaw in this argument is that judicial immunity -- even assuming that it applies in this criminal case -- does not provide a right not to be tried that can serve as a basis for interlocutory review."

Joseph and MacGregor were charged with helping an undocumented man escape from Newton District Court on April 2, 2018. According to court documents, Joseph knew an ICE officer was waiting outside in the lobby to detain the man, who was facing drug charges. The man had been deported twice and was barred from entering the U.S. until 2027, prosecutors said later.

Later that afternoon, the audio recording captured Joseph, the defense attorney and the ADA speaking about the defendant and the ICE detainer. According to court documents, Joseph then ordered the courtroom clerk to turn off the audio recorder, which is a violation of District Court rules. The audio was off for just under a minute.

Also according to court documents, when the defense attorney asked to speak with the man — Jose Medina-Perez — downstairs, Joseph agreed, and directed MacGregor to escort the attorney and an interpreter to the lockup. MacGregor used his security access card to open the rear door and let Medina-Perez go at 3:01 p.m. Immigration officials caught the man about a month later.

Both Joseph and MacGregor pleaded not guilty to the charges.

Read more:

• Newton Judge Helped Man Escape ICE: Feds
• Newton Judge's Indictment In Deportation Case 'Chilling': AG
• Newton Judge Under Investigation: Did She Help Someone Evade ICE?
• Pay Restored For Newton Judge Accused Of Helping Man Evade ICE
• Newton Judge Accused Of Helping Man Evade ICE Edges Toward Trial