milwaukee , Milwaukee County Judge Hannah Dugan appeared for a final pre-trial hearing on Wednesday, November 26.
final pre-trial hearing
what do we know:
Dugan is accused of helping an undocumented man escape federal agents inside the Milwaukee County Courthouse in April.
Milwaukee County Circuit Court Judge Hannah Dugan leaves federal court
A federal judge said Wednesday that the trial will proceed as planned next month, sidestepping previous discussions of a possible plea agreement.
U.S. District Judge Lynn Edelman told prosecutors and attorneys representing Dugan during the hearing to assume the trial will begin as planned with jury selection on Dec. 11.
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Attorneys discussed jury selection, witnesses and evidence during the trial, which ended with courtroom logistics for the coming weeks.
Judge Hannah Dugan, second from left. Sketch courtesy LD Chukman.
128 potential jurors were identified for the case. Both sides agreed to strike 34 of them based on questionnaire responses.
Prosecutors say they plan to call 25 to 28 witnesses, including federal agents and others who were inside the courtroom and courtroom when Dugan allegedly helped Eduardo Flores-Ruiz escape from custody.
The defense requested a copy of the complete witness list.
Prosecutors also addressed potential evidence, saying they intended to introduce approximately 35 minutes of court audio recording. Defense attorneys objected to the use of any recordings in which Dugan is not present.
The trial is scheduled to begin on December 15.
case details
Back story:
A federal grand jury indicted Dugan in May and he pleaded not guilty.
Video shows Milwaukee County Judge Hannah Dugan talking to the men on April 18, the day immigration agents arrived at the courthouse to arrest an unidentified man (Courtesy: Milwaukee County)
The grand jury’s two-count indictment accused Dugan of helping undocumented Eduardo Flores-Ruiz escape federal agents who were at the Milwaukee County Courthouse to arrest him. It also says Dugan obstructed those agents in the process.
Flores-Ruiz was in Dugan’s courtroom on April 18 for a misdemeanor battery case. Prosecutors said Dugan told federal agents to go to the Chief Justice’s office down the hall, and then he is accused of asking Flores-Ruiz and his attorney to leave his courtroom out the back door as federal agents waited outside the courtroom to arrest him.
Agents later arrested Flores-Ruiz outside the courthouse after a short pursuit.
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The Wisconsin Supreme Court has suspended a Milwaukee County Circuit Court judge, saying it is in the public interest to temporarily relieve him of his duties as he faces federal charges.
motion to dismiss
Digging Deep:
A day after Dugan was convicted, his lawyers filed a motion to dismiss the case – claiming he has judicial immunity and that the prosecution violates the 10th Amendment.
Dugan’s defense argued that judicial immunity means he is safe from prosecution for his official actions as a judge. But the federal government said the exemption applies only to civil lawsuits and does not protect judges from criminal prosecution.
Federal Judge Lynn Edelman ruled against Dugan’s dismissal petition on August 26. In his decision, he said that history shows that the federal government has the superior argument over Dugan on the question of immunity.
Source: The information in this post was produced by FOX6 News with help from previous coverage and the Associated Press.
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