‘Egregious conduct’: Boston judge finds ICE agent in contempt of court after man detained mid-trial

A Boston justice connected Monday dismissed the transgression lawsuit against a antheral who was detained mid-trial by U.S. Immigration and Customs Enforcement, uncovering a national cause progressive successful the apprehension successful contempt of tribunal implicit “egregious conduct.”

Wilson Martell-Lebron appeared Thursday successful Boston’s Edward W. Brooke Courthouse for the archetypal time of his proceedings connected charges that helium provided mendacious accusation connected a licence application.

Defense lawyer Murat Erkan told the paper that plainclothes ICE agents detained Martell-Lebron arsenic helium near the court, placed him successful an unmarked SUV, and drove away.

Video shared with Boston 25 News showed the moments aft Martell-Lebron was taken into custody.

On Monday, Boston Municipal Court Judge Mark Summerville accused ICE of “obstructing justice.” He besides recovered that ICE cause Brian Sullivan “conspired successful a premeditated manner” to instrumentality Martell-Lebron into custody and not instrumentality him to court.

Summerville alleged that Sullivan “intentionally” and “egregiously” violated the rights of Martell-Lebron that are protected by the 6th and 14th amendments of the U.S. Constitution, uncovering him successful contempt of court.

“I find that this tribunal cannot spot ICE to instrumentality the suspect backmost to court. I don’t find that they’re credible,” Summerville said. “I person nary assurance successful ICE, nary substance what they told the Commonwealth, that they would ever bring this suspect into court.”

In uncovering Sullivan successful contempt of court, Summerville referred the substance to the Suffolk District Attorney’s Office and near it up to the DA’s bureau to find whether Sullivan would look charges.

“We’ll spot however superior the Suffolk County District Attorney’s Office takes this egregious conduct, and what they bash with it, and whether immoderate probe does spell forward, and whether immoderate prosecution goes forward,” Summerville said. “It’s retired of my hands now.”

Summerville besides dismissed the lawsuit against Martell-Lebron, citing prosecutorial misconduct.

“I judge that this lawsuit is indispensable to deter this benignant of misconduct successful the aboriginal and to deter this benignant of misconduct from the Commonwealth team, the prosecution team,” Summerville stated. “I find that ICE Agent Brian Sullivan was a subordinate of the prosecution team.”

In a statement, the DA’s bureau said it was “dismayed and surprised” to larn of Martell-Lebron’s detainment.

“We person been instrumental to Boston becoming 1 of the safest cities successful the federation by pursuing ethical prosecutions that clasp offenders accountable and dainty victims with dignity,” the DA’s bureau said. “We were dismayed and amazed erstwhile our prosecution of Wilson Martell-Lebron was interrupted by ICE apprehending him successful the mediate of our case.”

The DA’s bureau said it contacted ICE arsenic soon arsenic it learned astir Martell-Lebron’s detention and filed a question requesting that the tribunal request his quality astatine trial.

“Any assertion that we were alert of an effort to forestall Mr. Martell Lebron from exercising his close to a proceedings is false. It was and inactive is our volition to effort Mr. Martell-Lebron and clasp him accountable for the crimes alleged successful the complaint,” the DA’s bureau explained. “Federal authorities should not person detained him and interfered with our efforts to clasp him accountable.”

After Summerville’s comments successful court, James Borghesani of the Suffolk District Attorney’s Office told reporters that prosecutors were unaware that ICE planned to apprehension Martell-Lebron.

“Any accusation that we participated successful immoderate misconduct oregon immoderate cognition to region the suspect is mendacious and reckless,” Borghesani said. “It’s a antithetic satellite present with this bonzer vulnerability with ICE.”

Borghesani besides confirmed that the DA’s bureau would instrumentality Summerville’s petition to analyse cause Sullivan “seriously.”

The Massachusetts State Police released the pursuing connection astir the detainment:

“Last week, 2 State Troopers testifying arsenic portion of their duties successful a transgression proceedings successful Boston Municipal Court became alert of national officials’ volition to detain the suspect during the proceeding. As successful immoderate concern wherever a subordinate becomes alert of national migration enforcement, the Troopers responded appropriately by neither assisting nor obstructing the national action. Participating successful specified a ngo oregon sharing accusation astir it would beryllium contrary to the Department’s longstanding attack crossed respective authorities and national Administrations to these analyzable situations, which prohibits Troopers from participating successful a ngo solely to facilitate detention oregon deportation. Our absorption remains connected moving collaboratively with our local, state, and national partners to prevent, deter, and respond to violations of authorities transgression instrumentality for the information of everyone who lives, works, studies, and visits Massachusetts.”

Boston 25 News has reached retired to ICE for remark connected the matter.

The detainment of Martell-Lebron comes conscionable days aft six national agents, with their faces covered, approached Tufts University postgraduate pupil Rumeysa Ozturk connected a Somerville street, took her into custody, and rushed her to an ICE Processing Center successful Basile, Louisiana.

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