Background: Milwaukee County Judge Hannah Dugan in court (WTMJ/YouTube). Inset: Surveillance video shows Milwaukee County Judge Hannah Dugan speaking with ICE agents before Eduardo Flores-Ruiz’s detention (WDJT/YouTube).
Defense attorneys for Hannah Dugan, the Wisconsin judge who was convicted last week on federal charges for impeding ICE agents during an immigration bust, have filed a notice saying they will officially ask for a new trial.
“Defendant Hannah C. Dugan, by counsel, has moved for a judgment of acquittal,” the notice says, with it being filed Tuesday in the Eastern District of Wisconsin. “By this current filing, the defendant hereby moves for a new trial.”
Dugan, 66, was indicted earlier this year for allegedly helping an undocumented immigrant evade federal officers shortly after he appeared in her Milwaukee County Circuit courtroom in connection with a domestic abuse case. A federal jury found Dugan guilty last Thursday on one count of obstructing or impeding a proceeding before a department or agency of the United States, a felony.
Jurors, however, additionally found her not guilty on one count of concealing an individual to prevent his discovery and arrest, a misdemeanor.
Steve Biskupic, one of Milwaukee County Judge Hannah Dugan’s defense attorneys — and a former U.S. Attorney — spoke to local ABC affiliate WISN earlier this week about her legal team’s plans to ask U.S. District Judge Lynn Adelman, a Bill Clinton appointee, to set aside Dugan’s guilty verdict.
“The judge has given us plenty of time, until the end of January, to explore this, to educate him,” Biskupic said, noting how Dugan’s team will be calling on Adelman to toss the jury’s split verdict after jurors came forward in the press and said they got contradictory answers from Adelman while asking him questions about the case.
Specifically, the jury reportedly asked whether Dugan needed to know who ICE agents were looking for that day in order to convict her. For the misdemeanor concealing charge, the jurors said Adelman told them yes. But for the felony charge, jurors claimed he told them no.
“If it came back the same, we all would have found her not guilty, I am sure of it,” a juror told the Milwaukee Journal Sentinel. “The jury followed Adelman’s instructions faithfully,” another juror said.
“Obviously, the constitutional system that she’s devoted her life to is that we rely upon the jury system,” Biskupic told WISN. “Now you make arguments that the jury was improperly instructed, especially on those questions, that’s all fair game for anybody in a case, and so whether you say I accept the verdict or not, of course it’s the verdict, and that is where the case is going to be going forward. And that’s where some of the challenge will be.”
Dugan faces an uncertain future on the bench after her conviction, with state Republicans calling on her to be removed from the bench. She is currently suspended without pay.
During her trial, federal prosecutors alleged Dugan impeded Immigration and Customs Enforcement (ICE) agents during the courthouse immigration bust in Milwaukee by helping a Mexican national named Eduardo Flores-Ruiz, who is facing misdemeanor battery charges, leave through a jury door after a hearing in his criminal case. Dugan was accused of telling ICE agents they needed to obtain a judicial warrant to take Flores-Ruiz into custody. Later, a deputy working in the courthouse provided information to federal investigators.
The incident occurred on April 18, and Dugan was charged in a criminal complaint less than a week later and was formally indicted in late May.
“While we are disappointed in today’s outcome, the failure of the prosecution to secure convictions on both counts demonstrates the opportunity we have to clear Judge Dugan’s name and show she did nothing wrong in this matter,” Dugan’s defense said in a statement after the verdict. “We have planned for this potential outcome and our defense of Judge Dugan is just beginning. This trial required considerable resources to prepare for and public support for Judge Dugan’s defense fund is critical as we prepare for the next phase of this defense.”
Obstruction carries a potential maximum sentence of five years in federal prison, according to federal law. But such an outcome is exceedingly unlikely due to Dugan’s lack of a criminal record and the facts of the case itself – the sought-after criminal defendant was eventually detained and then deported in November.
Colin Kalmbacher contributed to this report.
