Newton District Court Judge Shelley Richmond Joseph and trial court officer Wesley MacGregor face charges of conspiracy to obstruct justice, obstruction of justice, obstruction of a federal proceeding and perjury, according to an indictment in US District Court in Boston.
"This case is about the rule of law," US Attorney Andrew Lelling said in a statement. "We cannot pick and choose the federal laws we follow, or use our personal views to justify violating the law."
Federal prosecutors said the charges stemmed from an April 2, 2018 incident in which Richmond and MacGregor allegedly allowed an undocumented immigrant at a hearing for drug charges to escape detention by an ICE officer.
A plainclothes ICE officer was at the Newton District Court to execute the warrant on the defendant.
The court clerk was directed by Joseph to ask the ICE Officer to leave the courtroom and wait in the lobby, according to court documents.
When the case was called that afternoon, a court audio recording captured Joseph, the defense attorney and the prosecutor speaking at side bar about the defendant's ICE detainer.
Joseph allegedly ordered the courtroom clerk to "go off the record for a moment" and the audio recorder was turned off for 52 seconds.
When the recorder was turned on again, the documents said, Joseph said she intended to release the defendant.
The defense attorney asked to speak with the defendant downstairs and Joseph responded, "That's fine. Of course," according to prosecutors.
When reminded by the clerk that an ICE officer was in the courthouse, Joseph said, "That's fine. I'm not gonna allow them to come in here. But he's been released on this."
MacGregor then allegedly escorted the defendant, his attorney and an interpreter downstairs to the lockup and used his security access card to open the rear exit and release the defendant, the indictment said.
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