Judge accused of helping alien evade ICE through back door

Massachusetts District Judge Shelley Joseph denied wanting to help an illegal alien evade federal detention by helping him exit a courtroom through a back door.

In 2018, Joseph was presiding over a drug possession hearing for Jose Medina-Perez, a man from the Dominican Republic who had already been deported from the U.S. in 2003 and 2007.

During the hearing, the judge asked for the official recording of the proceeding to be turned off while she had a discussion with the defense attorney, allegedly to talk about how to help the illegal immigrant evade ICE agents. This week, the defense attorney testified as to what was said during the unrecorded period.

‘It sends a dangerous message that political activism is more important than the rule of law.’

Attorney David Jellinek testified on Monday that during a 52-second off-the-record sidebar conversation, he told Judge Joseph he wanted to get his client, the illegal alien, out of the courthouse without interacting with ICE, the Boston Herald reported.

The attorney said he was aware of a back door used by court officers for criminal defendants and told the judge he would use it with her permission. Jellinek said, according to the Boston Herald, that he knew he was “on the edge” of ethical and legal standards, but said he did not break the law.

In a report from CBS Boston, the transcript of the hearing revealed that Jellinek had another reason for wanting to help his client evade ICE.

RELATED: Judge back under fire for allegedly helping twice-deported illegal alien accused of drug crimes evade ICE

Jellinek reportedly stated that he thought ICE was looking for the wrong man and wanted time to investigate and prove that fact.

When Judge Joseph was asked if she thought her discussion with Jellinek meant he wanted to “go out the back door,” Joseph replied, “Oh, God no.”

Joseph was also asked in the CBS Boston report whether she knew the words “avoid ICE” meant to avoid federal authorities in “any improper way,” to which she replied no.

Joseph also said she would “absolutely not” have been a party to anything illegal like that, either.

According to the Boston Herald, Joseph could face devastating punishments.

Special counsel Judith Fabricant from the Massachusetts Commission on Judicial Conduct has recommended Judge Joseph be indefinitely suspended and stripped of her $207,855 salary for an alleged failure to uphold the standards of a judge.

The commission cannot remove a judge, but Fabricant suggested that a referral to lawmakers for Joseph’s removal should be made.

RELATED: NYC comptroller locks arms with man to prevent ICE arrest: ‘Show me your warrant!’

Newton District Court Judge Shelley Joseph (C) cries after leaving federal court in Boston on April 25, 2019. Photo by Jessica Rinaldi/The Boston Globe via Getty Images

Paul Craney of the Massachusetts Fiscal Alliance told Blaze News that Judge Joseph’s actions represent a troubling breakdown of public trust in the judicial system.

“When a sitting judge allegedly aids a twice-deported criminal in evading federal law enforcement, then attempts to cover it up by disabling a courtroom recorder, it sends a dangerous message that political activism is more important than the rule of law,” Craney said.

Craney added that accountability on the bench “must be restored” and that the hearing was “long overdue.”

The case will likely not be settled until at least early August, however, as a hearing officer said the parties involved have until July 3 to file briefs and then until July 10 to respond to them.

A written report and recommendation for the CJC comes 30 days after that, which would be around August 10.

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