By Steve Neavling
A Boston judge held a federal immigration agent in contempt for arresting a defendant during his trial, calling the move a violation of constitutional rights.
ICE agent Brian Sullivan detained Wilson Martell-Lebron outside Boston Municipal Court last week, just hours after opening statements began in his trial on charges of using a false name on a driver’s license application, the Associated Press reports. Judge Mark Summerville dismissed the case and issued the contempt finding Monday, saying Martell-Lebron was denied due process and the right to confront witnesses.
“It’s a case of violating a defendant’s right to be present at trial and confront witnesses against him,” Summerville said. “It couldn’t be more serious.”
Martell-Lebron, who is from the Dominican Republic and living in Massachusetts with family, is now being held in ICE custody at the Plymouth detention center.
His attorney, Ryan Sullivan, said ICE agents grabbed Martell-Lebron without identifying themselves, threw him into a truck, and drove off.
“There is no greater injustice than the government preventing someone from exercising their constitutionally guaranteed right to a jury trial,” he said.
ICE did not return a request for comment.
The Suffolk County District Attorney’s Office said it was not notified of the arrest in advance and condemned the disruption of the prosecution. A spokesperson called the move “dismaying” and said the office intended to try the case. The judge’s contempt finding could lead the district attorney to consider additional charges against the ICE agent.
ICE arrests near courthouses are allowed under current federal policy, though the practice has drawn criticism for disrupting the justice process.
