The immigration arrest of a person dealing with trial in Boston has led to a high-stakes authorized showdown, pitting native prosecutors in opposition to high federal prosecutors in Massachusetts.
As Suffolk County District Legal professional Kevin Hayden considers whether or not to convey prison costs in opposition to an ICE agent, U.S. Legal professional for Massachusetts Leah Foley warns the transfer “is not going to be tolerated.”
“Battle strains are drawn,” mentioned Murat Erkan, the lawyer for Wilson Martell-Lebron, the Saugus man arrested by U.S. Immigration and Customs Enforcement. “We’re going to see who blinks first.”
Now, Massachusetts’ lawyer basic has weighed in — in an uncommon flip, is backing the feds. All of this places a highlight on Hayden’s subsequent transfer.
The arrest
ICE grabbed Martell-Lebron as he walked out of courtroom on March 27, 5 years after the D.A.’s proceedings in opposition to him started over costs that he lied on a license utility — and only a day earlier than his trial was anticipated to go to a jury.
A video of the ICE detention supplied by Erkan exhibits Martell-Lebron’s accomplice outdoors Boston Municipal Courtroom, frantically approaching a gaggle of individuals in plainclothes close to a black Dodge SUV.
“The place are you taking him?” the girl requested a number of occasions, to no reply. The SUV takes off within the video, with Martell-Lebron inside, in keeping with Erkan.
“Is {that a} kidnapping? You’re not going to inform us the place he’s going?” Erkan shouts.
Martell-Lebron was on trial as a result of he allegedly falsified a drivers license utility, claiming to be a U.S. citizen when he has Dominican citizenship. That’s a felony cost, although Massachusetts residents can now acquire licenses no matter immigration standing. Prosecutors say Martell-Lebron’s actual title is Juan Carlos Baez, and he has confronted drug costs previously.
ICE Particular Agent Brian Sullivan was a witness for the Suffolk County DA in Martell-Lebron’s license case, serving to to determine his nationality. Sullivan then arrested Martell-Lebron simply earlier than the case was going to a jury.
Hayden mentioned his workplace didn’t know federal brokers had been planning to arrest the defendant.
The arrest went over like a lead balloon with Boston Municipal Courtroom choose Mark Summerville. He ordered Sullivan to seem the following day in courtroom, and for ICE to convey Martell-Lebron again to face trial. Neither factor occurred.
The choose dropped the fees in opposition to Martell-Lebron and held Sullivan in contempt, saying he violated Martell-Lebron’s constitutional rights and prevented his look at a trial.
Summerville mentioned in courtroom that he was referring the matter to Hayden to find out whether or not to prosecute.
“We are going to see how significantly the Suffolk County district lawyer’s workplace takes this egregious conduct,” Summerville mentioned in a video of the continuing.
The DA’s subsequent transfer
With the onus now on Hayden, there are some huge questions that want solutions, Erkan mentioned.
“Kevin Hayden, I believe, must ask himself, is it vital and correct to abduct any individual in the midst of their constitutionally protected jury trial?” Erkan mentioned. “That’s actually what’s at stake.”
Hayden declined an interview for this story. In an announcement, his spokesman James Borghesani mentioned the query of prison costs is a “aspect challenge that ought to not distract from the truth that ICE’s actions are making it harder for us to prosecute offenders and safe justice for victims.”
Days after the arrest, Hayden summoned reporters to his workplace to accuse ICE of interfering within the native case. Hayden additionally addressed whether or not to prosecute, and made it clear that the initiative got here from the choose.
“That order to us was only recently given,” Hayden mentioned on the press convention. “We’ve got loads to go over on this case earlier than we will decide precisely how it’s that we will proceed.”
U.S. Legal professional Foley clapped again following Hayden’s feedback. In letters to the district lawyer and the choose, she mentioned neither had the authority to cost ICE brokers finishing up official duties. And he or she mentioned interfering with immigration enforcement would “not be tolerated.”
The standoff comes at a fraught time for Massachusetts. Gov. Maura Healey has mentioned repeatedly that Massachusetts is just not a “sanctuary state,” and highlights cooperation between federal and state legislation enforcement in prison issues. However Boston has stood by its ordinance that prohibits cooperate with ICE on civil immigration violations, and the Trump administration has promised it is going to be “bringing hell” in return.
Whereas native officers usually denounce ICE actions, Suffolk College legislation faculty professor Ragini Shah mentioned the case in opposition to Sullivan could possibly be a gap to carry ICE accountable for getting in the best way of native prosecutions.
“Any person within the nation goes to need to say, ‘Wait a minute, it is going too far,’ ” Shah mentioned. “And if it occurs to be the Boston space that begins that dialogue, I believe, good for us.”
Shah mentioned it will be an uphill battle for the state to determine jurisdiction on this case. Hayden may determine ICE crossed an moral line and never a prison one. However Shah mentioned that needs to be decided in courtroom. She mentioned doing nothing could possibly be seen as an endorsement of ICE selecting folks up at courthouses
“What you are basically saying is, ‘OK, nice, federal authorities, we’ll go forward and be subservient to no matter your enforcement objectives are and nevertheless you wish to implement these,’ ” she mentioned.
Shah mentioned a prison case in opposition to an ICE agent could be extraordinary. A key query is what costs Hayden may pursue. Authorized specialists interviewed for this story mentioned “obstruction of justice” needs to be thought-about as a result of the ICE motion bought in the best way of a trial.
ICE didn’t reply to a request for remark. With some limitations, the company permits arrests close to or inside courthouses, deeming them safer than different areas as a result of suspects have sometimes been screened for weapons.
Former federal prosecutor Jeff Cohen mentioned a choose would doubtless drop the prison case in brief order.
“ I’d advise them to not convey the fees,” mentioned Cohen, who labored for 12 years with the U.S. Legal professional’s Workplace in Boston, and now teaches at Boston School Legislation Faculty.
“Maybe they may make a case that there is some state cost that was violated, technically, however in the long run there’s nearly no chance that these costs would stick provided that the agent was performing beneath their official duties,” he mentioned.
For Cohen, it was “unwise” of the choose to carry Sullivan, the ICE agent, in contempt.
“It put the DA’s workplace in a tough place as a result of now, they’re confronted with both pursuing a contempt that is not legitimate, or dropping a contempt and looking out like they’ve kowtowed to the federal authorities,” Cohen mentioned.
Hayden’s place may need change into easier on Friday, when Massachusetts Legal professional Basic Andrea Campbell joined the fray. In a uncommon siding with the Trump administration, her workplace filed in courtroom saying it will not oppose the feds’ effort to drop the case.
Hayden may nonetheless transfer ahead with costs. His spokesman mentioned he’s not certain by the Campbell’s determination. Martell-Lebron, in the meantime, sits in a Plymouth lockup, awaiting deportation proceedings.
