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How a Newton judge allegedly helped an undocumented immigrant escape

May 21, 2019

A location map showing the Newton courthouse

Suspended Newton District Court Judge Shelley Richmond Joseph is accused of obstruction of justice and perjury for an undocumented immigrant evaded a federal agent in April last year.

According to an indictment filed April 25 this year, this is what happened.

9.30 a.m.

An ICE official in plainclothes arrived at the Newton District Court. He “announced his identity and purpose” with the county clerk.

An aerial photograph of the Newton courthouse

The official then entered the courtroom to sit in the public area.

The clerk informed the judge, Shelley Richmond Joseph, of the officer’s presence and his purpose.

Judge Shelley Richmond Joseph, a blond woman wearing a black shirt
Judge Shelley Richmond Joseph
12:04 p.m.

After a discussion of the case, the clerk instructed the ICE officer to leave the public area of the courtroom and wait outside in the lobby, contrary to Department of Homeland Security guidelines. The clerk told the officer that if the subject, Jose Medina-Perez, were to be released, he would be let out into the lobby. The immigration official complied and went into the lobby.

2.48 p.m.

The defense attorney and the judge then discussed if the ICE officer was going to pick up the Pennsylvania fugitive. At this time the courtroom recorder was turned off for 52 seconds.

2.51 p.m.

After the recorder was turned back on, the defense attorney stated he didn’t believe his client was the same man sought after by ICE. The attorney further said, “I believe he (Medina-Perez) has some property downstairs. I'd like to speak with him downstairs with an interpreter downstairs if I may.”

Immediately following the proceeding, court officer Wesley MacGregor — accompanied by the defense attorney and an interpreter — escorted Medina-Perez from the courtroom to the lockup downstairs.

A glass enclosure where the defendant stood in the courthouse

3.01 p.m.

Outside the lockup, MacGregor allegedly used his security access card to open the rear sally-port exit and released the defendant. Medina-Perez, whose name has not been released by federal officials, was eventually apprehended by ICE and was later released on bond by an immigration judge, according to officials.

The rear sally-port exit from where the defendant was let out of the courthouse
Top view sketch of the Newton courthouse Top view sketch of the Newton courthouse, with the security check at the bottom right Highlighting the clerk’s door to the right Highlighting the entrance to the courtroom in the center Top view of the courtroom with judge’s table, a glass enclosure for the defendant to the left Benches for audience area where the officer sat and the exit door to the bottom The judge’s position is shown Closer view of glass enclosure where defendant stood. A yellow arrow shows the way from the enclosure to an area downstairs Sketch of the courthouse from the outside, one level below. A sally-port exit shows how the defendant left the courthouse
9.30 a.m.

An ICE official in plainclothes arrived at the Newton District Court. He “announced his identity and purpose” with the county clerk.

An aerial photograph of the Newton courthouse

The official then entered the courtroom to sit in the public area.

The clerk informed the judge, Shelley Richmond Joseph, of the officer’s presence and his purpose.

Judge Shelley Richmond Joseph, a blond woman wearing a black shirt
Judge Shelley Richmond Joseph
12:04 p.m.

After a discussion of the case, the clerk instructed the ICE officer to leave the public area of the courtroom and wait outside in the lobby, contrary to Department of Homeland Security guidelines. The clerk told the officer that if the subject, Jose Medina-Perez, were to be released, he would be let out into the lobby. The immigration official complied and went into the lobby.

2.48 p.m.

The defense attorney and the judge then discussed if the ICE officer was going to pick up the Pennsylvania fugitive. At this time the courtroom recorder was turned off for 52 seconds.

2.51 p.m.

After the recorder was turned back on, the defense attorney stated he didn’t believe his client was the same man sought after by ICE. The attorney further said, “I believe he (Medina-Perez) has some property downstairs. I'd like to speak with him downstairs with an interpreter downstairs if I may.”

Immediately following the proceeding, court officer Wesley MacGregor — accompanied by the defense attorney and an interpreter — escorted Medina-Perez from the courtroom to the lockup downstairs.

A glass enclosure where the defendant stood in the courthouse

3.01 p.m.

Outside the lockup, MacGregor allegedly used his security access card to open the rear sally-port exit and released the defendant. Medina-Perez, whose name has not been released by federal officials, was eventually apprehended by ICE and was later released on bond by an immigration judge, according to officials.

The rear sally-port exit from where the defendant was let out of the courthouse

Photos: Jessica Rinaldi/Globe Staff; Heather Hopp-Bruce/Globe Staff; Google Earth

Note: Courthouse sketches are for illustrative purposes only.