Milwaukee County Judge Dugan trial: Live updates Thursday, Dec. 18

MILWAUKEE - Closing arguments are underway Thursday in the trial of Milwaukee County Judge Hannah Dugan, who federal prosecutors accuse of helping undocumented immigrant Eduardo Flores-Ruiz evade arrest at the courthouse earlier this year.

Live updates from Thursday, Dec. 18

-----  

Government's Kelly Brown Watzka makes closing arguments

Arguments that Dugan obstructed federal agents

Government's final points

12:21 p.m.:

Brown Watzka concluded that Dugan acted corruptly and did something judges should not do because she did not get the courthouse policy that she wanted. She said the judge may not like ICE, but it did not give her the right or authority to do what she did.

The attorney reminded jurors that personal opinions about ICE or immigration should not factor into their decisions. She highlighted the "respectful and professional" work and conduct of the federal agents who were assigned to arrest Flores-Ruiz outside the courthouse.

If Dugan had done what she took an oath to do on April 18, Brown Watzka argued, no courtroom activities would have been disrupted. She said if Dugan is looking for someone to blame for disruption, she can only blame herself.

Arguments that Dugan obstructed federal agents

12:03 p.m.:

Count two charged Dugan with obstructing a proceeding. Brown Watzka identified ICE as a federal agency, and pointed to testimony from multiple federal agents with ICE and other agencies. She argued the warrant to arrest Flores-Ruiz was a "pending proceeding" with the federal agency.

The attorney argued Dugan knew of the pending proceeding because agents told her that they had an administrative warrant – even if she did not see it.

Brown Watzka also argued that Dugan "endeavored" to interfere with federal agents' arrest plan. She said it meant Dugan did not need to be successful in an attempt to interfere – but pointed to the judge's directions to federal agents separating a six-person arrest team, which interfered with their plan to arrest Flores-Ruiz.

The government argued that Dugan acted "corruptly," and wasn't a "confused or paranoid" judge but a "frustrated and angry" judge who was "fed up" and decided to "take matters into her own hands" while wearing her judicial robe in a public area – which was unusual.

Brown Watzka pointed out that there was no official courthouse policy or law that would have prevented ICE from making an arrest in a public area. 

Brown Watzka also pointed to audio of Dugan saying "I'll do it…I'll get the heat," and "I'm in the doghouse with (Chief Judge) Carl (Ashley) because I tried to help that guy." The attorney argued those were the words of someone who knew she was doing something wrong.

Arguments that Dugan concealed Flores-Ruiz from arrest

11:50 a.m. (approx.):

The attorney highlighted count one, which charged Dugan with concealing an individual from arrest. She pointed out that a federal warrant was issued, and an administrative ICE warrant to arrest Flores-Ruiz fit that criteria. 

Brown Watzka argued that evidence showed Dugan knew why federal agents were at the courthouse when they said they had a warrant. She also argued that Dugan took "affirmative, physical action" to harbor or conceal Flores-Ruiz from authorities in two ways – when she ordered the federal arrest team out of a public hallway, and when she directed Flores-Ruiz and his attorney through a restricted hallway.

Dugan intended to prevent Flores-Ruiz's arrest, Brown Watzka argued. Her argument included that the events involving Flores-Ruiz's case, which unfolded in the judge's courtroom, were unusual – calling it a "rush job." She also argued Dugan intended to "sneak (Flores-Ruiz) out a back door" into a restricted hallway and down the stairs. She said there is "no way to spin" and "no logical explanation" for Dugan's discussion involving stairs. 

Brown Watzka argued that the fact Flores-Ruiz and his attorney went out the "wrong"door does not make Dugan not guilty. She said the "stairs discussion" proves "beyond a reasonable doubt," that Dugan intended to prevent Flores-Ruiz's arrest. 

"Polarizing" political issue

11:46 a.m.:

Attorney Kelly Brown Watzka delivered the government's closing arguments. She began by arguing that Dugan used her judicial authority to "replace the law" with her own "personal policy preferences." She said the law does not give judges authority to do whatever they want whenever they put on their robe. 

Brown Watzka called immigration policy a "polarizing" issue in the country that people hold personal opinions about – but personal opinions about immigration or ICE should not influence decisions about whether Dugan broke the law. 

SIGN UP TODAY: Get daily headlines, breaking news emails from FOX6 News

Defense rests its case, Dugan does not testify

9:53 a.m.:

Defense Attorney Steven Biskupic announced that the defense rests. Dugan did not testify in her own defense. 

U.S. District Judge Lynn Adelman then announced a break.

Tom Barrett, former Milwaukee mayor

Government cross-examination: Purpose of Barrett's testimony

9:52 a.m.:

Barrett said that he was not testifying as a factual witness, and he was not at the Milwaukee County Courthouse on April 18. 

Defense questioning: Dugan described as "extremely honest"

9:48 a.m.:

The defense called former Milwaukee Mayor Tom Barrett to the stand. He is not currently employed, but he previously practiced law and held legislative positions throughout his career.

Barrett said he's known Dugan for "well over" 50 years, and they first met in high school. He said he would spend time at the Dugan home, and described the Dugan family as "close-knit."

The former mayor testified he and Dugan have stayed in touch throughout the years, in both personal and professional capacities. 

Barrett described Dugan as "extremely honest" and someone who "will tell you how she feels."

Maura Gingerich, public defense attorney

Government cross-examination: Actions of agents, judges

9:41 a.m.:

Gingerich said it was "stressful" to see who she believed to be plainclothes law enforcement officers at the courthouse. She admitted she took photos of those people.

The public defender said the federal agents were not causing disruptions at the courthouse. She said she did not see what happened involving Flores-Ruiz.

Gingerich said she informed Judge Kristela Cervera during a later case that a client of the public defender's office had been arrested. 

U.S. Attorney Richard Frohling questioned Gingerich, asking if she told Cervera she "knew what she was trying to do?" Gingerich said her comment was about Dugan and Cervera asking for a warrant.

On re-direct from the defense, Gingerich said she never interacted with Dugan.

Defense questioning: Taking photos of federal agents

9:41 a.m.:

The defense called Maura Gingerich, a criminal defense attorney with the state public defender's office, as its third witness. She was at the Milwaukee County Courthouse on April 18.

Gingerich testified she tried to take pictures of who she thought were federal agents on the sixth floor, where Dugan's courtroom is located. She said she tried to take pictures so she could show her manager and the head of her office because she'd heard of arrests at the courthouse, and doing so would allow them to request guidance from the chief judge. 

Milwaukee County Judge Laura Gramling Perez

Government cross-examination: Acknowledgment of draft policy

9:39 a.m.:

Gramling Perez testified that she thanked Chief Judge Carl Ashley for drafting a policy on how to handle ICE at the courthouse, telling him it was a solid policy, but that the policy never became official.

As it relates to the draft policy, Gramling Perez acknowledged its contents. She reiterated that the chief judge had not issued a policy, but that Milwaukee County had issued a policy. She was unsure how the county's policy affects the courts.

Government cross-examination: Dugan replies to email 

9:37 a.m.:

Gramling Perez testified that Dugan replied to an email, thanking her for an email that included highlights of an online training about how ICE operates in courthouses. That email noted that ICE can conduct arrests in public areas, but there are certain limitations on that enforcement action. 

Government cross-examination: ICE, courthouse policies

9:28 a.m.:

Gramling Perez testified that Chief Judge Carl Ashley sent an email to all judges that included an ICE document that outlined the agency's policy. 

The judge said there is no court policy about where ICE can conduct arrests, and to her knowledge, the chief judge had not issued an official policy.

In an email to the chief judge, and later sent to Dugan, Gramling Perez wrote that the goal of a court-wide protocol would be to allow lawful ICE actions. She said she did not make a statement about what ICE could or could not do, but she said it was her understanding that the law can allow ICE to make arrests in public areas – but there are certain limitations.

Defense questioning: Chief judge's email thread about ICE

9:26 a.m.:

Gramling Perez testified that Dugan replied to the email thread expressing concern that ICE detentions are "a different animal – and currently the historic protocols are now shifting quickly." She said Dugan wrote it "would be helpful" to have a discussion about outstanding issues and develop a set of protocols.

Dugan wrote the courthouse was in "uncharted waters" and wanted "at least a draft" of written protocols. She also wrote that she'd had people not showing up for court dates and two immigration attorneys had asked her about courthouse protocols.

Defense questioning: Chief judge's email thread about ICE

9:21 a.m.:

Gramling Perez said she found an email from Chief Judge Carl Ashley about ICE operating in the courthouse, after agents made arrests in March, "unusual."

In the email thread, the judge testified that a fellow judge asked if it meant Milwaukee County was cooperating with ICE. Gramling Perez said she replied to that question, with information about an online training with resources.

Gramling Perez, in her email, said key takeaways of the training included that ICE can legally conduct enforcement in public areas of the courthouses and that there are "statutory and policy limitations" to such enforcement. She wrote she "would strongly advise" the courthouse develop a court-wide policy governing ICE actions – including requiring that ICE agents check in with the chief judge before conducting any enforcement. 

Defense questioning: Online training about ICE at courthouses

9:15 a.m.:

The defense called Laura Gramling Perez, a circuit court judge in Milwaukee County. She was previously a court commissioner in her career.

Gramling Perez testified to her participation in an email chain with colleagues. She said Chief Judge Carl Ashley had scheduled online training about ICE at the courthouse, which she attended – but noted Dugan had trouble registering for the online training.

The judge said the training was held via Zoom, and the presenters summarized federal policy and federal law about ICE making arrests at courthouses. 

Milwaukee County Judge Katie Kegel

Government cross-examination: Arrests at courthouse

9:12 a.m.:

The government questioned Kegel about arrests in public hallways. Kegel said that her email referenced her experience of what she had in her courtroom – not related to ICE but related to what is happening in the courthouse.

Defense questioning: Email sent to colleagues

9:06 a.m.:

The defense's first witness was Milwaukee County Circuit Court Judge Katie Kegel.

Kegel testified to an email she sent to colleagues. It was part of an email thread, the subject of which was "ICE taking people into custody in the public hallways" at the Milwaukee County Courthouse Complex.

In that email, Kegel said, "people have been snatched up out of my gallery while waiting for their hearing." She wrote asking about the development of a standing policy about "detentions of any sort from inside the courtroom."

Kegel testified that, after seeing activity in the gallery that wasn't standard, she has tried to intervene in the past. She said she saw someone who was not in law enforcement clothing, asked what was going on, looked at her deputies, and the people left the gallery. Minutes later, she said she was informed that they were part of a federal task force – not related to immigration.

Judge Adelman calls court into session

9:05 a.m.:

The 13-person jury entered the courtroom for a fourth day of testimony, with Dugan's defense team prepared to present its case. 

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.

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. 

Bonus coverage from Thursday, Dec. 18

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. 

• Day 3: Government rests its case; key testimony from court staff
• Day 2: Fellow judge, federal agents testify about what happened
• Day 1: Opening statements; FBI agents, ICE supervisory officer testify
• Dec. 11: Judge Dugan trial: Jury seated after day of questioning
• Judge Dugan trial: How did we get here?
• Judge Dugan trial: Who is Eduardo Flores-Ruiz?
• How does federal court work?
• Courthouse immigration enforcement policy questions remain