BOSTON — A Newton district court judge and a former court officer accused of helping a man escape the custody of federal immigration officers have lost their initial appeal to have their case dismissed.
The case dates back to 2018 “for actions that allegedly interfered with the enforcement of federal immigration law.”
That’s when district court judge Shelley Joseph and retired court officer Wesley MacGregor were accused of allowing the man that ICE was after to escape from her courthouse.
The pair was later indicted on one count of conspiracy to obstruct justice and two counts of obstruction of justice - aiding and abetting. MacGregor was also charged with one count of perjury.
On Monday, a federal appeals court denied a motion to review or dismiss the case as “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. We must reject the defendants’ request for pre-trial review of the denial of their motions to dismiss because their appeals are premature.” according to the decision from the three-judge panel.
The court’s decision was first reported by the Boston Globe.
“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. 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,” according to the court’s ruling.
Joseph’s attorney Thomas Hoopes, has said the prosecution of the judge is “absolutely political” and that his client is innocent.
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