Judge that helped illegal escape from ICE agents has Motion to Dismiss denied and will advance to Trial.

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A Massachusetts judge is one step closer to facing a federal trial on charges that she assisted an illegal immigrant in avoiding federal apprehension.

A federal judge last week declined to dismiss charges against Massachusetts District Court Judge Shelley M. Richmond Joseph and now-retired Massachusetts trial court officer Wesley MacGregor.

Joseph, MacGregor, and a defense attorney are accused of helping a Dominican man evade being taken into custody at the Newton District Court by ICE agents after a 2018 hearing on criminal charges including drug possession. Prosecutors say the man had previously been removed from the U.S. twice and was barred from reentering the country until 2027.

Approximately one month after his escape, the fugitive was apprehended by immigration authorities, according to the Associated Press.

“Joseph’s lawyers have blasted prosecutors for what the defense has called an ‘extraordinary sweetheart deal granting complete immunity’ to the immigrant’s defense attorney, who they say was the ‘architect and ringleader’ of the man’s escape plan,” the AP reported. “Her lawyers say Joseph had no idea about the plan, but they argue that even if the allegations were true, judicial immunity shields judges from liability for acts ‘taken in their judicial role.'”



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