Milwaukee County Judge Dugan indicted, grand jury meets Tuesday
Judge Dugan indicted; what it means
A federal grand jury indicted Milwaukee County Judge Hannah Dugan on Tuesday.
MILWAUKEE - A federal grand jury indicted Milwaukee County Judge Hannah Dugan on Tuesday. She's accused of helping an undocumented man evade arrest by immigration agents at the county courthouse last month.
Grand jury convenes
Local perspective:
The grand jury's indictment was procedural. Federal prosecutors had already had a complaint against Dugan and said they would pursue the indictment, which means the case against Dugan will move forward.
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"To pursue a criminal case in federal court, it can only be by a grand jury that reviews the evidence and makes a finding – again, 23 people – that there is probable cause to charge," said former federal prosecutor James Santelle. "It's hugely important in the process. It is not unexpected, and in the wake of a criminal complaint, there is really nothing surprisingly atypical about a grand jury indictment that follows."
The secretive grand jury process consists of 16 to 23 members where a federal prosecutor presents evidence to determine if there is "probable cause" to believe a crime was committed by an individual.
Hannah Dugan
Federal prosecutors present their evidence in private chambers, sometimes with witnesses, to establish that cause. Dugan herself was not allowed in court for that process.
What's next:
The higher standard – "guilty beyond a reasonable doubt" – is decided at trial.
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What they're saying:
In a statement on behalf of Dugan, attorney Craig Mastantuono said: "As she said after her unnecessary arrest, Judge Dugan asserts her innocence and looks forward to being vindicated in court."
Dugan’s defense team also includes former U.S. Solicitor General Paul Clement and former Eastern District U.S. Attorney Steven Biskupic.
Key figures at courthouse
Timeline:
Milwaukee County Judge Kristela Cervera entered the Milwaukee Federal Courthouse at around 2:30 p.m., alongside Milwaukee defense attorney Michael Hart, and later walked down a hallway where the grand jury was reportedly convening. Cervera and Hart left the courthouse about an hour later. Cervera, who handles misdemeanor cases on the sixth floor of the Milwaukee County Courthouse, works on the same floor as Dugan.
Cervera's arrival followed that of Alan Freed, Dugan's court clerk, who was seen leaving the federal building at around 3 p.m.
Federal Courthouse in downtown Milwaukee
Cervera, who handles misdemeanor cases on the sixth floor of the Milwaukee County Courthouse, works on the same floor as Dugan. Cervera's arrival follows that of Alan Freed, Dugan's court clerk, who was seen leaving the federal building at around 3 p.m.
Mercedes de la Rosa, a state public defense attorney who previously represented Eduardo Flores Ruiz – the man at the center of the case – entered the federal courthouse Tuesday morning.
Judge accused
The backstory:
Flores Ruiz is accused of misdemeanor battery. He was in Dugan’s courtroom for a hearing in the case on April 18.
Federal filings said Dugan was made aware that federal agents were present outside her courtroom to arrest Flores Ruiz, a Mexican national previously removed from the U.S. in 2013, according to federal filings.
Filings said Dugan left the bench and told the agents to go to the chief judge’s office down the hall. While there, federal prosecutors said a courtroom deputy told investigators Dugan returned to the bench and was "pushing" Flores Ruiz’s case through.
Federal prosecutors said Dugan then later escorted Flores Ruiz through a jury door, and then told de la Rosa she and her client the two should leave through the back door of the courtroom.
Eduardo Flores Ruiz
According to federal prosecutors, Flores Ruiz reentered the public hallway, where they were spotted by two DEA agents. The agents said they watched Flores Ruiz and de la Rosa walk "briskly" toward an elevator bank on the opposite end of the floor from Dugan’s courtroom and rode the elevator down to the first floor along with one of the agents. Filings said Flores Ruiz was later arrested by federal agents, outside the courthouse, after a short foot chase.
A week later, federal prosecutors charged Dugan in a federal complaint with obstructing or impeding a federal agency and concealing Flores Ruiz to avoid discovery and arrest.
Dugan was arrested by federal agents at the Milwaukee County Courthouse on April 25. She was brought before a federal magistrate judge that morning.
The Wisconsin Supreme Court later suspended Dugan indefinitely after she was arrested and charged. Retired circuit court judge and former prosecutor David Feiss was brought in to handle Dugan’s calendar.
Last week, Feiss granted de la Rosa’s motion to withdraw as Flores Ruiz’ defense attorney in the county criminal case for a conflict of interest. Flores Ruiz has since been indicted by a federal grand jury of re-entering the U.S. after being previously deported.
The Source: The information in this post was produced by FOX6 News and includes information from previous coverage.