Federal Agents have had District Court Judge Shelley Richmond Joseph and Trial Court Officer Wesley MacGregor indicted for conspiracy to obstruct justice by helping a 2-time deportee from being arrested.
An ICE agent was in the court in order to arrest two-time deportee who hasn’t been named. The ICE agent was in the courtroom and the judge sent someone over to tell him that he had to wait in the lobby and that if he was released he would have to exit that way.
Then, in the courtroom, the judge held a sidebar and turned off the recording device, which is against state law. When the recorder was turned back on, the judge said that she was letting him go. The illegal alien was taken out a side door and taken downstairs, where he was released far away from the ICE agent.
The Officer announced his presence to Courthouse personnel, including Joseph, upon arrival. Prior to the afternoon session, the courtroom clerk – at Joseph’s direction – allegedly instructed the ICE Officer to leave the courtroom and wait outside in the lobby, stating that in the event that the defendant was released, it would be through the courtroom and into the lobby.
At 2:48 p.m. the case was called and the proceedings were captured on the courtroom’s audio recorder, as prescribed under the rules for all State District Courts. The audio recording captured Joseph, the defense attorney and the ADA speaking at side bar about the defendant and the ICE detainer. Joseph then allegedly ordered the courtroom clerk to “go off the record for a moment.” For the next 52 seconds, the courtroom audio recorder was turned off, in violation of the District Court rules. At 2:51 p.m., the recorder was turned back on, and Joseph indicated her intent to release the defendant. According to the charging documents, the defense attorney asked to speak with the defendant downstairs and Joseph responded, “That’s fine. Of course.”
When reminded by the clerk that an ICE Officer was in the courthouse, Joseph stated, “That’s fine. I’m not gonna allow them to come in here. But he’s been released on this.” Immediately following the proceeding, MacGregor allegedly escorted the defendant, his attorney and an interpreter downstairs to the lockup and used his security access card to open the rear sally-port exit and release the defendant at 3:01 p.m.
Both defendants face up to 8 years in prison and a fine up to $250,000.