A judge has ordered the Bristol County District Attorney’s office to turn over records of its investigation into an allegation of a romantic relationship between the former top judge in New Bedford District Court and a prosecutor for the DA’s office, court records show.

The alleged affair between the judge, Douglas Darnbrough, and the prosecutor has the potential to overturn the convictions of at least two men sentenced for sexual crimes in New Bedford District Court last year. It is part of a sweeping investigation by the public defender’s special projects unit, and could jeopardize convictions in more than a hundred other cases.

The order comes at the request of an attorney, James McKenna, who is representing two men convicted in New Bedford District Court last year for sexual crimes. One is Gerson Pascual-Santana, who was convicted of molesting a child under the age of 14. The other is Jonathan Rascao, who was convicted of sexually assaulting a mentally disabled person behind a dumpster at Market Basket in the North End.

Both were sentenced to two and a half years in prison and are currently serving out their sentences.

McKenna is appealing their convictions on the grounds that the alleged affair between the prosecuting attorney and the judge presiding over the cases “fatally compromised” their right to a fair trial.

“Inexcusably, the judge committed grave error, including misconduct, both by failing to disclose the intimate relationship and by failing to recuse himself,” McKenna argued in his appeal. “Similarly, the prosecutor’s failure to disclose comprised egregious prosecutorial misconduct.”

Anonymous letters led to investigation; judge quietly resigned 

Last fall, an “anonymous tipster” began circulating letters that alleged Darnbrough, then first justice at the New Bedford District Court, was carrying on a romantic relationship with an assistant district attorney. It further alleged that the relationship continued despite the judge presiding over cases prosecuted by the ADA — including the cases of the now-convicted Pascual-Santana and Rascao.

The claims remain unsubstantiated. But the anonymous letters ricocheted through court circles, ultimately reaching top court officials and members of the state’s public defender agency.

“They started going out for drinks then got romantically involved then they started to coordinate cases together where she was the ada and he was the judge,” alleged one of the anonymous letters, which was submitted as evidence in the appeal. Other letters were more graphic, detailing dates and locations of their alleged romantic encounters.

Shortly after the letters surfaced, Darnbrough stopped appearing in court. Jennifer Donahue, spokesperson for the state’s trial court, told The Light on Oct. 10 that the judge was on “vacation.”

However, on his return, Darnbrough was quietly transferred to Plymouth District Court. He had served there for less than a month when, in early November, Darnbrough tendered his resignation in a one-sentence letter to Gov. Maura Healey. His attorney at the time cited health reasons.

“With regret … I am resigning from my position as an Associate Justice of the District Court,” Darnbrough wrote in the letter to Gov. Healey, dated Nov. 2.

Darnbrough was appointed as top judge of the New Bedford District Court in 2019 by then-Gov. Charlie Baker. It’s a coveted position that comes with a five-year term and no limit on the number of terms that can be served. Darnbrough resigned at age 56.

Donahue, in October, said that the court “declines to provide further details.” The Commission on Judicial Conduct, which oversees the state’s judges, also declined to comment.

DA’s office tried to block release of internal investigation

In his appeal, McKenna alleged “inconsistency” and shortcomings in the district attorney’s investigation into the alleged prosecutorial misconduct. McKenna requested that the DA’s office turn over any records of its investigation.

The office of District Attorney Thomas Quinn asked the judge to deny McKenna’s request on the grounds that the note was an “uncorroborated, anonymous tip.” 

“This is speculation built on speculation,” stated ADA Shoshana Stern, representing the district attorney’s office, according to court filings.

Judge David Frank, who usually sits on Cambridge’s District Court but was appointed to preside over the case as a neutral party, partially granted McKenna’s request. He ordered the DA’s office to release its internal investigation of the alleged affair but denied McKenna’s request to obtain any statements taken by any other government official, such as those from the Judicial Conduct Commission.

The DA’s office was ordered to release its summary of the investigation by Jan. 29.

“Despite the minimal nature of the defendant’s showing, the assertions raised in his motion involve an undeniably serious allegation that the trial judge and prosecutor were involved in an undisclosed sexual and personal relationship,” Judge Frank stated, according to court filings.