Days after U.S. Immigration and Customs Enforcement agents seized a man in the middle of a criminal trial, Suffolk County District Attorney Kevin Hayden on Wednesday slammed the move and said his office is exploring charges against one agent
held in contempt of court
by a state judge.
“This action by ICE was troubling and extraordinarily reckless,” Hayden told reporters. The district attorney’s office was pursuing a case against Wilson Martell-Lebron last week when ICE agents detained him.
“As the judge noted, ICE’s actions deprived Mr. Martell-Lebron of his right to a fair trial. It also deprived our office of our intent to hold the defendant accountable for his alleged crime,” Hayden said, adding that the abrupt seizure sent ripples of fear through local communities and is now hampering the DA’s office from bringing criminals to justice.
“We’re now finding witnesses reluctant to cooperate with investigators due to fear of ICE, this harms public safety. We are seeing victims refuse to provide information about crimes against them due to fear of ICE, this harms public safety.”
Hayden’s comments come as national attention has shifted to immigration, enforcement and due process for immigrants accused of living in the U.S. without legal status. The Boston case raises questions about ICE’s authority to interrupt court proceedings and whether people accused of lacking legal status are entitled to due process before being detained or deported.
The DA said his office is now weighing criminal charges against ICE Agent Brian Sullivan who a judge found in contempt “as a consequence of his intentional and egregious violation,” of Martell-Lebron’s rights to due process of law and a fair trial, according to an order issued earlier this week.
“We have a lot to go over in this case before we can determine exactly how it is that we’re going to proceed,” Hayden told reporters.
The case has also raised questions about what local prosecutors are obligated to do if they learn that ICE plans to seize an individual amidst an ongoing court case.
At least one state trooper testified that prosecutors within DA Hayden’s office were aware of the plan to seize Martell-Lebron. Martell-Lebron’s attorney, Murat Erkan said Wednesday that testimony should be noted.
“All you have to do is listen to the evidence. All you have to do is see the exhibits and the government’s own indication of what ICE Agent Sullivan said,” said Erkan, noting the agent’s sworn testimony that he informed a pair of assistant district attorneys involved with the case.
“When things like this happen, it’s important that the government take accountability for its mistakes, lest they be repeated… but the Suffolk County DA’s office is doing the exact opposite,” Erkan said.
Erkan said in his view, prosecutors are not obligated to physically obstruct ICE proceedings, but they should inform judges when they learn of plans to grab people involved in court cases.
“That’s not illegal, that’s not obstructing ICE, that is upholding the Constitution and the duly issued lawful orders of the court…[The DA’s office] failed utterly in that regard, and the fact that they refuse to admit it is something that the public needs to know,” Erkan said.
On Wednesday, Hayden denied his office had prior knowledge of the scheme, maintained that all prosecutors in the case “acted ethically,” and said any claims that prosecutors collaborated with ICE in “are wholly unsupported by any credible evidence.”
“All of our actions in this case clearly demonstrated our intent to hold Mr. Martell-Lebron accountable, and none of our action demonstrated any collusion with ICE to deprive him of his right to a trial,” Hayden said. “Our policy is that we can neither support nor interfere with ICE and the operations of their duties. If ICE interferes with the operation of our duties, as they did here, then again, as we’re doing now, we’re going to speak out about it.”
A spokesperson for Hayden said that the office has asked the judge in the case to provide documentation to advise employees within the DA’s office of their ethical obligation to inform the court in this situation, but has not received any such documentation.
Meanwhile, U.S. Attorney for Massachusetts Leah Foley said in a statement Wednesday that her office has filed a motion in federal court to vacate the contempt order.
“Our motion is clear: the state court lacked authority to issue the unlawful and erroneous order,” Foley’s statement said. “The Supremacy Clause of the United States Constitution immunizes federal officers from state prosecution — including contempt proceedings — for actions taken in the course of their official duties.”
