DOJ Drops Case Against Judge Accused Of Helping Immigrant Evade ICE

NEWTON, MA — An agreement has been reached to drop a case against Newton District Court Judge Shelley Joseph, who was accused of helping an undocumented immigrant evade a federal agent who had come to the courthouse to detain him, U.S. Attorney Zachary Cunha said Thursday.

Joseph, who was facing obstruction of justice and conspiracy charges, has agreed to refer herself to the Massachusetts Commission on Judicial Conduct, Cunha said. As part of the agreement, Joseph also made factual admissions regarding the case.

Prosecutors also reached a deferred prosecution agreement with co-defendant and former court officer Wesley MacGregor, who was facing one perjury charge.

"This case is about the conduct of a sitting state court judge, on the bench, in the course of her judicial duties. Its purpose has been to shed light on, and, as warranted, to secure accountability for that conduct," Cunha said in a statement.

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