Milwaukee County Judge Hannah Dugan appeared in federal court on Nov. 26 in the obstruction case against her, as both sides argued details of jury selection, audio recordings that could be crucial, and who will take the stand at trial.
It was the first time Dugan, who is charged with obstructing immigration agents, has appeared in court since she pleaded not guilty in May. Dugan’s earlier appearances were waived.
With the trial approaching in December, Dugan was summoned to court and is expected to be present at future proceedings. Additional members of her high-powered legal team were also in court for the first time.
There was no talk of a plea bargain during the 45-minute hearing before U.S. District Judge Lynn Adelman.
Interim U.S. Attorney Brad Schimel earlier said the government made an offer to Dugan’s team, but didn’t give details. Dugan’s attorneys declined to comment. They have said Dugan is innocent and she looks forward to the facts coming out at trial. Dugan faces one felony count and one misdemeanor charge.
Jury selection is set for Dec. 11 and 12. The trial starts Dec. 15.
The trial is projected to take one week, but it appears it could spill over into the week of Christmas based on the timelines given to Adelman at Wednesday’s hearing.
Prosecutors expect to call up to 28 witnesses and play audio and video, planning to be done with their case sometime on Dec. 18, First Assistant U.S. Attorney Rick Frohling said. That leaves a day or so for defense witnesses, jury instructions, closings and deliberations.
Defense attorney Steven Biskupic did not disclose how many witnesses Dugan’s side might call. If Dugan herself takes the stand, that would likely take a substantial amount of time.
Both sides debate jurors, evidence, witnesses
Adelman ruled on a host of motions in a Nov. 25 order, dealing wins and losses to both sides.
Significantly for Dugan, her attorneys will be able to discuss other immigration arrests in the Milwaukee County Courthouse and a draft policy that was coming from Chief Judge Carl Ashley. The defense argues Dugan was trying to follow that guidance, not obstruct agents.
Adelman refused to allow the defense to mention social media posts by FBI Director Kash Patel and U.S. Attorney General Pam Bondi, who both weighed in when Dugan was arrested and charged.
The defense has proposed to have an immigration expert testify. They say the government issued two arrest warrants for Eduardo Flores-Ruiz, one before his arrest and one afterward, suggesting there may be documentation issues.
The government has argued that the defense’s expert witness would be instructing the jury on the law, something only the judge, Adelman, can do.
Adelman sided with the government, but added that the issue may be brought up later to revisit.
Audio recordings from inside Dugan’s courtroom on April 18, when Flores-Ruiz appears, are likely to be key evidence.
Assistant U.S. Attorney Kelly Brown Watzka said the government intends to play a few clips, including one where Dugan leaves her courtroom to talk to federal agents in the hallway and then returns.
Brown Watzka said comments are made while Dugan is gone about what is happening in the hallway, which may be part of the government’s case.
Biskupic said the defense may have objections to playing that audio.
“How will this be held against her when she is not in there?” he said.
Adelman said he would take that question up at trial.
Typical day in court triggers prosecution
On April 18, six federal agents arrived at Dugan’s sixth-floor courtroom to arrest Flores-Ruiz, who was appearing on misdemeanor battery charges. After being told of the planned arrest, Dugan questioned the agents and directed them to go to Ashley’s nearby office.
Dugan returned to her courtroom, according to prosecutors, called Flores-Ruiz’s case ahead of others, set it for a future date, told Flores-Ruiz’s attorney to have her client appear by Zoom, and then guided the pair out a “non-public jury door.”
The pair came out in the public hallway. Two agents were there and followed them, arresting Flores-Ruiz outside the building after a short chase.
If convicted, Dugan, 66, faces up to six years in prison, but first-time nonviolent offenders typically get shorter sentences or probation.
She has been suspended with pay by the Wisconsin Supreme Court. She makes nearly $175,000 a year.
Contact Reporter John Diedrich can be reached at jdiedrich@gannett.com
This article originally appeared on Milwaukee Journal Sentinel: Hannah Dugan case set for trial as sides argue evidence and witnesses
Reporting by John Diedrich, Milwaukee Journal Sentinel / Milwaukee Journal Sentinel
USA TODAY Network via Reuters Connect
