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Mass. State Judge Indicted for Assisting Undocumented Defendant Avoid ICE

By Jeralyn, Section Crime in the News
Posted on Thu Apr 25, 2019 at 02:13:24 PM EST
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Shelley M. Richmond Joseph, a state district court judge in Mass. has been indicted for obstruction of justice and related charges for assisting an undocumented defendant with an ICE detainer to leave the courthouse.

I haven't had time to read the Indictment yet but it is available here.

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    Mass. State Judge Indicted for Assisting Undocumented Defendant Avoid ICE | 12 comments (12 topical)

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    I read the indictment (5.00 / 1) (#4)
    by Peter G on Thu Apr 25, 2019 at 06:40:42 PM EST
    I think there are big holes in it.

    What is your assessment (none / 0) (#6)
    by ragebot on Thu Apr 25, 2019 at 07:43:32 PM EST
    of the perjury charges before the GJ?


    Parent
    Evasive and ambiguous answers (5.00 / 1) (#7)
    by Peter G on Thu Apr 25, 2019 at 09:41:52 PM EST
    to imprecise questions cannot form the basis for a perjury conviction.

    Parent
    In the indictment (none / 0) (#8)
    by sarcastic unnamed one on Fri Apr 26, 2019 at 01:49:57 PM EST
    it is written that the ICE agent notified, among others, "the Court Officers" of the agent's "identity and purpose at the Courthouse on that date."

    Macgregor was a Court Officer.

    Defendant MACGREGOR's testimony before the Grand Jury included the following false material declarations:
    (A) Q:  [Y]ou said you didn't know there was an immigration detainer.
     A:  I didn't see one.
     Q:  Did you know there was an immigration detainer?
     A:  No.  I couldn't if I didn't see it.

    So, although Macgregor (presumably) had been informed by the ICE agent that there was an ICE detainer, since Macgregor (presumably) hadn't actually seen the retainer he, legally, didn't/couldn't "know" there was a retainer?

    If so, seems to me he has pretty good representation.

    I'd think ICE agents would (or should), as a matter of course, officially show the retainer to every person that they were informing as to their "identity and purpose."

    Parent

    Do judges have immunity while on the bench? (none / 0) (#1)
    by sarcastic unnamed one on Thu Apr 25, 2019 at 04:15:52 PM EST


    eh, she's a state judge and the charges are fed (5.00 / 1) (#2)
    by sarcastic unnamed one on Thu Apr 25, 2019 at 04:17:28 PM EST


    Parent
    Besides which, "judicial immunity" (none / 0) (#3)
    by Peter G on Thu Apr 25, 2019 at 05:19:35 PM EST
    is from civil suits for damages, filed against the judge personally, based on actions taken in their judicial capacity. Not from criminal conduct.

    Parent
    Ah, yes, makes sense. (none / 0) (#5)
    by sarcastic unnamed one on Thu Apr 25, 2019 at 07:22:21 PM EST


    Parent
    Massachusetts Prosecutors to Sue ICE (none / 0) (#9)
    by sarcastic unnamed one on Mon Apr 29, 2019 at 03:08:06 PM EST
    An aspect that hadn't occurred to me:

    Massachusetts Prosecutors to Sue ICE Over Courthouse Arrests

    "ICE's using state courthouses as a forum to conduct their enforcement work has struck fear in many of our most vulnerable, keeping them from accessing our courts," said Middlesex District Attorney Marian Ryan

    ICE does not consider courthouses sensitive locations, the agency states on its website. Places where agents generally avoid making arrests include schools, hospitals, churches and ceremonies, the ICE guidelines state.
    More (none / 0) (#10)
    by sarcastic unnamed one on Mon Apr 29, 2019 at 03:19:40 PM EST
    But Newton's courthouse policy specifically grants Department of Homeland Security officers permission to be in the building performing their duties and even gives them approval to enter the court's lockup to take custody of people.


    Parent
    rules of civil disobedience (none / 0) (#11)
    by thomas rogan on Mon Apr 29, 2019 at 09:25:01 PM EST
    You gotta pay the dues if you want to commit civil disobedience.  Even jail.  You know it don't come easy.

    The "rules" of civil disobedience (5.00 / 1) (#12)
    by Peter G on Mon Apr 29, 2019 at 10:27:21 PM EST
    are hotly contested. The conductors of the Underground Railroad did not await arrest and openly turn themselves in. Gandhi asked for the maximum sentence, but most American practitioners of C.D. fight their cases, and if convicted seek mitigated punishment.

    Parent
    Mass. State Judge Indicted for Assisting Undocumented Defendant Avoid ICE | 12 comments (12 topical)

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