Accused Of Shielding Illegal

A Boston-area judge is under review in a misconduct hearing stemming from a 2018 courtroom incident involving an undocumented immigrant. Judge Shelley M. Richmond Joseph is facing civil misconduct charges related to allegations that she allowed a man wanted by federal authorities to leave the courthouse undetected.

The individual involved, Jose Medina-Perez, a Dominican national who had been deported from the U.S. twice, was in court for drug possession charges and a fugitive warrant from Pennsylvania. An Immigration and Customs Enforcement (ICE) agent was present at the Newton District Court at the time of the hearing, prepared to take Medina-Perez into custody.

The hearing, taking place at Suffolk Superior Court, will result in a report from presiding Judge Denis McInerney. Judge Joseph’s attorney emphasized during opening remarks that she has not been convicted of any crime and remains entitled to due process.

Prosecutors say that court audio was turned off for 52 seconds during the proceedings and allege that the judge permitted Medina-Perez to leave through a restricted area. They claim that the defendant, accompanied by his attorney and interpreter, exited through a back door not accessible to the public.

In 2022, the U.S. Department of Justice dropped federal charges against Judge Joseph after she admitted to certain facts and voluntarily referred herself to the Massachusetts Commission on Judicial Conduct (CJC). Despite the dropped charges, the CJC has moved forward with formal misconduct accusations, citing alleged actions that could undermine public trust in the judiciary.

The hearing continues this week, and a final decision from the commission is expected following its conclusion.

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