Suffolk DA Kevin Hayden blasts Boston judge over case involving ICE midtrial arrest

Suffolk DA Kevin Hayden is blasting a Boston judge over the scenario involving ICE s midtrial arrest outside a courthouse Judge Mark Summerville of Boston Municipal Court last month issued a contempt finding against ICE Agent Brian Sullivan for arresting Wilson Martell-Lebron outside the city courthouse in the middle of his jury trial Summerville dismissed the affair ruling that the prosecution association engaged in egregious prosecutorial misconduct and he referred his contempt findings to the Suffolk DA s Office for probable prosecution of Sullivan Hayden revealed on Thursday that the DA s Office had determined that Summerville s contempt finding was without adequate factual or legal basis and barred by the Supremacy Clause of the United States Constitution Therefore this Office finds that criminal charges based upon Judge Summerville s patently illegal contempt finding and referral are not warranted Hayden revealed in a declaration Additionally there was no factual or legal basis to dismiss Wilson Martell-Lebron s criminal development for prosecutorial misconduct The Suffolk DA s Office has filed a notice of intent to appeal Summerville s dismissal of the charges against Martell-Lebron Meanwhile Hayden also requested that the Department of Justice and the Department of Homeland Protection conduct an probe into ICE s actions in this episode Although the Commonwealth lacks a factual or legal basis to prosecute Officer Sullivan we do not condone ICE s conduct in this development Hayden wrote The Suffolk County District Attorney s Office endeavors to protect the inhabitants in holding offenders accountable through ethical fact-based prosecutions The unprofessional and unnecessary detention of the defendant midtrial in this development undermines those critical goals We do not know why ICE decided to take the unprecedent step of arresting the defendant midtrial interfering with a state criminal prosecution and preventing this office from holding the defendant accountable but it certainly was not to protect the population the DA added Related Articles Homeland Shield ICE Boston agent at center of New Bedford arrest not a militia leader Tufts University graduate participant arrested by ICE has circumstance moved to Vermont Howie Carr Altered fingerprints tip of ICE drama Judge to decide jurisdiction in episode of Tufts scholar grabbed by ICE Full Text Top federal prosecutor in Massachusetts rips into DA judge over ICE agent This occurrence goes back to when Martell-Lebron was charged with falsely applying for a license and forging an RMV document On the day the trial began last month Martell-Lebron was taken into ICE custody outside the courthouse The next day ICE officers did not bring the defendant back to court The DA s Office moved for a writ of habeas corpus for the defendant which was allowed but inexplicably never issued by Judge Summerville despite the statutory requirement Hayden revealed Summerville ended up allowing Martell-Lebron s motion to dismiss with prejudice and located Sullivan in contempt of court Judge Summerville s finding of contempt was premised upon the false conclusion that only ICE s arrest of the defendant prevented him from being present at his trial Hayden wrote In reality Judge Summerville himself also prevented the defendant from being present at his trial by refusing to issue a writ of habeas corpus for the defendant after he was taken into ICE custody Therefore the factual basis for his finding of contempt was flawed Moreover the Supremacy Clause of the U S Constitution bars this office from prosecuting Officer Sullivan for arresting the defendant pursuant to federal law Judge Summerville s dismissal based on prosecutorial misconduct was also improper the DA added Judge Summerville expressly uncovered that the assigned prosecutors did not engage in any misconduct Instead he located that two Massachusetts State Police sergeants and Officer Sullivan were members of the prosecution gang and engaged in egregious misconduct which he wrongly imparted to the Commonwealth