MILWAUKEE — A Wisconsin judge wasfound guiltyon Dec. 18 of a felony count of obstructing federal agents seeking to make an immigration arrest outside her courtroom, a precedent-setting case that has been closely watched nationally and drawn protests.
Milwaukee County JudgeHannah Duganwas charged in April with obstruction and concealing an individual toprevent the arrest of the man, who was in the U.S. without legal permission. After deliberating for more than six hours, a jury delivered asplit verdictand found the judge not guilty on the lesser misdemeanor charge of concealment.
"We weren't trying to make an example out of anyone. This was necessary to hold Judge Dugan accountable because of the actions she took,"Interim U.S. Attorney Brad Schimelsaid. "There's not a political aspect to it."
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Dugan attorney Steve Biskupic highlighted that the jury delivered a split verdict and the elements between the two counts are the same. Dugan, 66, showed no emotion as the verdict was read.
"The case is a long way from over," Biskupic said.
Biskupic said the team would be filing a motion asking U.S. District Judge Lynn Adelman to set aside the conviction based on the split verdict. No sentencing hearing was set. The government also made a plea offer to Dugan, but no deal was struck, and details were not provided.
The case thrustDugan, a judge for nine years, into the center of the clash between the judiciary and the Trump administration over its sweepingimmigration crackdownnationwide. This is the first time a state judge has gone to trial on charges of obstructing immigration agents.
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Case began with an ordinary day in state court
On April 18, Dugan was presiding over a misdemeanor court on the sixth floor of the Milwaukee County Courthouse. Tensions were high among county judges as federal immigration officers had earlier arrested two people suspected of being in the country without authorization.
Federal agents were there to arrestEduardo Flores-Ruiz, 31, charged with battery and appearing before Dugan. Flores-Ruiz had re-entered the U.S. without permission in 2013.
Dugan learned of the planned arrest from her clerk. She went to the main corridor with another judge, questioned the agents, and directed them to the chief judge's office, where the chief judge was workingon a plan on how such arrests were to be treated.
Dugan returned to her courtroom, moved Flores-Ruiz's case up first, and then directed Flores-Ruiz and his attorneythrough a non-public door and into a hallwayused by judges and staff, witnesses testified.
Flores-Ruiz and his attorney emerged into the public corridor. Federal agents followed them. He was arrested outside the courthouse after a brief foot chase.
A week later,FBI agents arrested Dugan, leading her out of the Milwaukee County Courthouse in handcuffs. Flores-Ruiz hassince been deported.
Prosecutors focused on five acts, avoided politics
The government brought in 19 witnesses, ranging from federal agents to afellow judge. The defense called two fellow judges, a public defender, and former Mayor Tom Barrett, a longtime friend. Dugan herselfdid not take the stand.
The sides largely agreed on the basic facts of what happened. The question centered on Dugan's intent.
Federal prosecutors usedthe indictmentas a roadmap for their case, highlighting things they said Dugan was doing that were unusual, even in a busy courtroom. They also used video of Dugan's interaction with the agents and audio from inside the courtroom to paint a picture of a judge bent on defying the ICE agents.
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Dugan's court reporter offered to walk out the pair, but Dugan said she would, adding: "I'll get the heat."
Judge Kristela Cervera was a key witness, testifying that she was reluctant to go into the hallway with Dugan, and she was shocked to learn the allegations against Dugan.
"Judges should not be helping defendants evade arrest," Cervera testified.
On cross-examination, Cervera admitted she texted her sister, a lawyer, after the incident to warn her that ICE agents were in the building. Defense attorneys said she helped the government to save herself. The government downplayed the text to her sister.
Defense questions the details
PresidentDonald Trump's name came up just a couple of times in the trial, but his stepped-up immigration enforcement was a theme throughout the defense strategy.
Dugan's attorneys said the Trump administration was trying to make an example out of Dugan to "crush" her. They described Dugan as an earnest public servant trying to followguidance on how to handle such arrests, not trying to obstruct agents.
Several of the actions the government called criminal are things that happen every day in the bustling state court, her attorneys argued.
Dugan's team attempted toget the case tossed, arguing that as a judge, she was immune from prosecution. Adelmandenied their motion, though the team preserved its ability to make that argument later.
Contributing: Hope Karnopp, Milwaukee Journal Sentinel
This article originally appeared on Milwaukee Journal Sentinel:Milwaukee Judge Hannah Dugan found guilty of felony obstruction