Milwaukee County Judge Dugan trial: Live updates Monday, Dec. 15

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Testimony began in the trial of Milwaukee County Judge Hannah Dugan, who federal prosecutors accuse of helping an undocumented man evade capture at the courthouse earlier this year, after opening statements concluded Monday morning, Dec. 15.

Live updates from Monday, Dec. 15

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Court breaks for lunch

12:10 p.m.:

Adelman stopped Frohling's questioning of Lucker, so the jury could break for lunch. 

FBI Special Agent Erin Lucker

10:40 a.m.:

The government called FBI Special Agent Erin Lucker to testify. She is assigned to a "white-collar crime squad" that investigates civil rights violations and corruption claims. She is involved in the federal investigation into Dugan.

Attorney Richard Frohling questioned Lucker. She testified I.C.E. was aware that Flores-Ruiz was scheduled to appear in court at 8:30 a.m. on April 18. She said they had a warrant to arrest Flores-Ruiz.

Lucker and the jury were shown photos and a partial floor plan of the sixth floor of the Milwaukee County Courthouse – where Dugan's courtroom is located, and agents went to arrest Flores-Ruiz. She walked the jury through the space – public vs. "restricted" areas, the location of doors, courtrooms, offices and more. 

The special agent testified about a notice posted on the public entrance to Dugan's courtroom, dated April 14, that parties could appear via Zoom if they feel unsafe. She then walked jurors through the layout of Dugan's courtroom and how the courtroom accesses a "restricted" hallway that leads to a public stairwell and the public hallway. She testified that nobody can enter that restricted hallway from the public hallway without a key.

Lucker walked jurors through surveillance video from the public hallway outside Dugan's courtroom at 8:21 a.m. the morning of April 18. She pointed out plainclothes federal agents and others in the hallway. As time passed, she pointed out others – including Dugan's clerk, Alan Freed, and the victim's in the Flores-Ruiz case. Dugan and another judge were seen in plainclothes at 8:40 a.m. 

Frohling questioned Lucker about audio recorded in Dugan's courtroom on April 18. She said there are multiple microphones, and the volume of each can be adjusted when recording in the courtroom. She said not everyone recorded was able to be identified, and not all conversations were audible, but a seven-page transcript was made of the recording.

The jury was shown the transcript and listened to the audio. According to Lucker's testimony, those records showed Dugan had called another case when Freed interrupted and informed Dugan that "five I.C.E. guys" were in the hallway. Dugan was then heard saying to call the chief judge, but then said to call an assistant in the chief judge's office. Lucker testified no call was placed from the courtroom.

Lucker testified Dugan told parties to stay there, and she left her courtroom. Audio from the courtroom recorded parties talking; Freed said Dugan was calling the chief judge, and Lucker testified that a public defender in the courtroom said Dugan was "confronting them" in the hallway. 

Frohling then played surveillance video from the public hallway starting at 8:43 a.m. on April 18. He walked through the events shown in detail, asking Lucker to testify about who was shown and what they appeared to be doing.

Video showed Dugan and a fellow Judge Kirstela Cervera walking in the public hallway wearing their judicial robes. Lucker said she had never before seen judges in their robes in the public hallway.

Lucker testified that Dugan, Cervera and agents walked out of the frame. Dugan and agents then reappeared in the frame and walked toward the chief judge's office. The public defender, who had alerted the court that Dugan was "confronting them," was seen in the video making a "fist pump" gesture. 

Lucker testified that emails showed immigration enforcement arrest policies had been discussed among judges prior to April 18. An email said a training on how to handle immigration enforcement action to minimize disruptions had been scheduled for April 1. 

Judge Hannah Dugan in court on Monday, Dec. 15. Sketch courtesy Adela Tesnow.

Court goes into break

10:27 a.m.:

Adelman called for a 10-minute break following opening statements.

Defense team's opening statement

10:02 a.m.:

Defense Attorney Steve Biskupic began his opening statement noting the distance – 11 feet, 10 inches – between the main courtroom exit and the door Flores-Ruiz exited with his attorney, as well as how long Dugan spoke to the federal agents in the hallway outside her courtroom.

Biskupic conveyed to the jury that the burden of proof is "entirely" on prosecutors. 

The defense attorney then broke down a timeline of "upheaval" over the preceding weeks and months as it related to a change in the presidential administration and policies regarding I.C.E. at courthouses. He said changes led to "anger, confusion, and even paranoia" about what those changes meant for the Milwaukee County Courthouse and its judges.

Biskupic said concerns from judges included what kind of warrant I.C.E. was using and whether the public was informed about courthouse policy. He explained the difference between administrative warrants and judicial warrants and that guidance on how to handle those types of warrants comes from the chief judge. He said Chief Judge Carl Ashley had drafted a policy and made public statements related to immigration information at the courthouse.

The defense attorney said confusion and uncertainty unfolded at the courthouse for a variety of reasons that day – including it being Good Friday and Flores-Ruiz's attorney asking for their case to be called earlier.

Biskupic said Flores-Ruiz's attorney would testify that she was not told there was an I.C.E. warrant for her client and that she was not directed to go down the stairs. He again pointed out that they did not go down the stairs but instead exited into the public hallway where agents could have then arrested him as planned. He played video from the hallway showing Flores-Ruiz, his attorney and federal agents leave.

Wrapping up his statement, Biskupic outlined the charges to the jury and the factors they will weigh – specifically intent – when determining a verdict.

Prosecutors' opening statement

9:13 a.m.:

Attorney Keith Alexander delivered the opening statement in the government's case against Dugan. He began with a quote – "I'll do it. I'll get the heat" – that prosecutors said came from Dugan.

Alexander set the scene at the Milwaukee County Courthouse on April 18 – the arrival of Flores-Ruiz, and the "routine events" of federal agents. He said court unfolded in a "typical" way until Dugan's clerk alerted her that I.C.E. was in the hallway outside the courtroom. He pointed to Dugan's stance on whether to notify the chief judge and her involving a fellow judge at the time.

Alexander said Dugan called the undocumented man's case earlier than intended once she learned of the federal agents' presence. He also said that the parties in the courtroom discussed the option of the man leaving down the stairs and directed the man and his attorney to a non-public hallway, where there was a stairwell that would have led them out of the building – though they did not go down the stairs. He also said witnesses would testify that use of that hallway in that way was not routine.

Alexander said – from the time Dugan returned to the courtroom after speaking to agents, to the time the undocumented man and his attorney left through that non-public hallway – 2 minutes and 49 seconds went by.

Alexander said there was no video of the hearing in Dugan's courtroom, but that there is audio; he played portions of that audio for the jury. He also told the jury they would see video – but not audio – from multiple angles in the hallway outside the courtroom as Dugan spoke to federal agents. He also showed images from other areas inside and outside the courthouse. 

Alexander read the two charges filed against Dugan to the jury and summarized what he anticipated they would be instructed to consider when deciding whether to find Dugan guilty or not guilty on those charges. Specifically, he outlined what to consider as it relates to Dugan's intent.

Juror sick, trial to proceed with 13-person jury

9:08 a.m.:

Judge Lynn Adelman announced one juror called in sick and attorneys if they are comfortable proceeding through the trial with a 13-person jury, leaving one alternate instead of two.

Attorney Richard Frohling, for the government, said proceeding with 13 jurors was the "better of the two options." Attorney Steven Biskupic, representing Dugan, said he saw "no other option" if the case was to proceed Monday.

Adelman, with no objection, agreed to proceed with the 13-person jury. The jury was then brought in at 9:12 a.m.

Bonus coverage from Monday, Dec. 15

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Judge Hannah Dugan trial; local attorney joins FOX6 WakeUp

Marc Christopher, a current immigration attorney and criminal defense attorney from Christopher Law Office, LLC, and former prosecutor joined FOX6 WakeUp to provide insight and context for the federal trial for Milwaukee County Judge Hannah Dugan.

Dugan charged

The backstory:

A federal grand jury indicted Dugan, and she pleaded not guilty, in May.

The grand jury's two-count indictment accused Dugan of helping an undocumented man, Eduardo Flores-Ruiz, evade federal agents who were at the Milwaukee County Courthouse to arrest him on April 18. It also states Dugan obstructed those agents in the process.

Flores-Ruiz was in Dugan's courtroom for a misdemeanor battery case. Prosecutors said Dugan told federal agents to go to the chief judge's office down the hall, and she is then accused of telling Flores-Ruiz and his attorney to leave her courtroom through a back door as federal agents waited outside the courtroom to arrest him.

Milwaukee County Judge Dugan trial: How does federal court work?

Jury selection in the federal trial of Milwaukee County Judge Hannah Dugan begins Thursday. So how does federal court work?

Agents arrested Flores-Ruiz outside the courthouse after a brief foot chase that day. Dugan was arrested by federal agents at the Milwaukee County Courthouse on April 25. 

The Wisconsin Supreme Court later suspended Dugan indefinitely after she was arrested and charged. Flores-Ruiz later pleaded guilty to illegally reentering the U.S. and, in November, was deported.

Federal Judge Lynn Adelman is overseeing the Dugan trial. 

Complete coverage

Dig deeper:

FOX6 News will stream special coverage of the Dugan trial each day on FOX LOCAL. The app is free to download on your phone, tablet or smart TV. 

The Source: FOX6 News reviewed court filings and video associated with the case, is at the federal courthouse for the trial and referenced prior coverage of the case. 

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