MILWAUKEE — Day three of testimony begins Wednesday in the federal trial of Milwaukee County Circuit Judge Hannah Dugan.
RELATED: Milwaukee judge testifies against colleague in day 2 of federal trial
Judge Dugan faces federal charges for allegedly helping an undocumented immigrant evade arrest by federal agents. The case centers on events that unfolded when Immigration and Customs Enforcement agents arrived at the courthouse to arrest Eduardo Flores Ruiz.
Watch a recap of Day 3 of the trial:
Flores Ruiz pleaded guilty in September to being in the U.S. illegally and was deported Nov. 14.
Dugan has pleaded not guilty and maintained from the beginning that she did nothing wrong. Prosecutors indicated they expect to finish presenting their evidence by the end of the third day.
Then it will be up to the defense whether to put on a case.
Follow live updates below
2:45 p.m. — Done for the day.
2:43 p.m. — Prosecution rests. Judge says he understands the defense has four witnesses. Closing statements could come by tomorrow afternoon.
2:41 p.m. — Defense pulling up evidence of calender for the day.
Butz is asked about going to Mass at Gesu that day and confirms.
Butz excused.
2:39 p.m. — Did you hear yourself say if there’s anyone else on other floors? Yes. Anyone with immigration issues. People who might want to avoid ICE. Butz was concerned about ICE.
2:38 p.m. — Did you hear Freed’s suggestions on interpreter cases? "Yes." How did Dugan respond? "Dugan said, 'Are there any other cases.'"
2:36 p.m. — Prosecution playing more audio from inside Dugan’s courtroom.
2:26 p.m. — Did you hear Dugan say to take EFR and Attorney out and to get a date? Butz said she recalls hearing but has never heard that before.
Next audio of Convo with Butz and Dugan.
Are you and Judge Dugan speaking in normal voices or whispering? We were whispering.
Were you concerned about hearing a conversation about heading down the stairs? Perhaps.
She says the Judge Dugan brought up heading down the stairs. Butz responded, “Oh yeah, yeah, down the stairs.” She said it was to clarify.
Did you hear yourself offer to show somebody or does she know? Yes.
Who are you talking about? The people dugan was discussing with. Butz thinks they were talking about Attorney De LA ROSA and EFR
What are you offering to show De La Rosa? Which direction to go. To downstairs. Since De La Rosa was new attorney.
Why would you be concerned about De La Rosa heading out wrong door? I was being helpful.
The door to the public hallway would be the wrong door? Yes.
2:24 p.m. — Prosecution now calling up audio/transcript from inside Judge Dugan’s courtroom when EFR’s case was called and date off record. Getting EFR new date.
2:21 p.m. — Was unable to find any recordings for EFR.
Did there come a time when you knew ICE was in the hallway? Confirms Mr. Freed shared news of ICE in the hallway.
Butz says she reacted “That pisses me off.”
Butz said she and Freed discussed feelings on ICE.
Now being asked about when Judge Dugan arrived. Typically 8:40 in the morning.
Do you recall Freed advising her of ICE? Yes.
Did there come a point in time when you noticed she was not in the courtroom? Yes.
Do you recall seeing her return? Yes. Dugan came from the public entrance in her robes, entering her courtroom.
Do you recall her attention turning to EFR case? The name at the time did not compute. Didn’t register with Butz in that moment.
2:18 p.m. — Prosecution showing the calendar for Friday, April 18.
System of checking things off with handwriting on a calendar. If a person has more than one case. Check mark indicates that they were on the record. Asked about a cross mark on the second page. That the case was not done on the record and never called.
Butz asked about cross mark over EFR’s case. Confirms it was crossed off.
Asked about cases on or off the record and how it impacts the court reporter.
Butz says she operates the recorder and has to know whether it’s on or off the record.
2:16 p.m. — Next witness Joan Butz, Court Reporter at the Milwaukee County Courthouse. Worked there five years. Floated in courtrooms and then became official court reporter in Dugan’s courtroom
Prosecution is now asking about the events of April 18.
Butz arrived at 8:10. Uses the key to enter 615-1.
Butz is being asked about her routine that morning. Describes tasks being taken care of in that office.
2:06 p.m. — Break.
2:05 p.m. — Jury was gone. Attorneys raising issues with the judge. Had to do with questioning of the next witness and what can be asked, as well as the first issue regarding the last witness and discussion about Marsy’s law.
2:04 p.m. — Now a discrepancy about the next witness, Ms. Butz. What they can ask.
2:02 p.m. — Discrepancy over notification requirement. “Did he know he wasn’t suppose to bring up Marsy’s Law?” Defense to judge.
2:01 p.m. — Break.
2:00 p.m. — Piel excused.
1:59 p.m. — Asked about driving to Madison for his sentencing case. Said he was 15 minutes late.
Piel is asked his thoughts about what happened in the courtroom. He said he was just frustrated that he wasn’t called first. Follow-up questioning said it was odd. More focused on sentencing in Madison for his case because he was running late. Didn’t dwell on what happened.
1:58 p.m. — Asked about status conferences and if he’s jumped ahead of cases and others jumping ahead of him. Says yes.
1:57 p.m. — Defense up —
How many times have you brought your client back into the judge’s chambers? A number of times. Discussion focuses on procedures. Jury. Etc.
1:56 p.m. — Prosecution ends.
1:54 p.m. — Prosecution playing audio recording from inside courtroom of Piel’s case being called.
1:52 p.m. — Prosecution pulling up audio clip from inside courtroom.
Asked about hearing someone say, “Come, Ms. De la Rosa, come.” Piel testifies that it was Judge Dugan.
1:52 p.m. — Do you remember Judge Dugan at that door? "Yes. I do." He recalls her gesturing to EFR and the attorney.
1:51 p.m. — Did you see a man go by the jury box? Piel said he did.
1:49 p.m. — Piel is listening to more audio from that morning about the interpreter being requested and proposed new dates.
Have you ever heard her say, “take your client out and get a new date?" He said no.
1:47 p.m. — Defense calling up audio/transcript from inside courtroom.
15 seconds after he was told to step back. EFR was called up. He recalls someone was called up.
1:45 p.m. — Defense calling up more audio/transcript from inside Dugan’s courtroom that morning.
Asked about being asked to step back? I remember that.
Asked where Judge Dugan came from. He says he thinks from the hallway, and she was wearing her judicial robes.
When asked if it is common to see Judge Dugan come from public space with a judicial robe, he testified that he does not normally see that.
1:44 p.m. — Prosecution now bringing up audio from inside the courtroom.
Do you hear Judge Dugan's address? "Yes." Did you hear her call that case? Piel testifies he thought the case was called.
He also testified that he recalled her leaving the bench after calling his case. Piel says he was sitting at the counsel table for a few minutes during that time.
1:41 p.m. — Next Witness: Walter Piel Jr. Criminal Defense Attorney since 1994. Practicing in Wisconsin. Practiced in front of Judge Dugan before. More than 50 times in front of Dugan.
Piel being asked about wanting to be called early and when he left. Says his case was initially called first.
1:40 p.m. — De La Rosa Excused.
Prosecution: Did it seem like Judge Dugan was in a hurry? De La Rosa doesn't answer following an objection for hearsay.
Prosecution: You were freaking out because ICE was present and had a Spanish client/confused by heading down the hallway/took it as a mentoring moment?
De La Rosa: Yes.
1:39 p.m. — Defense concludes
1:36 p.m. — Defense now calling up a visual of the walk down the hallway.
Video shows the walk down the hallway and proceeds toward the door where EFR and De La Rosa exited.
Asked how far Judge Dugan went with her De La Rosa says up until the first window down that hallway.
Asked about the conversation in that hallway with Judge Dugan. De La Rosa testified that it was a "mentoring moment" as they are both part of AWA (women’s attorney org.).
1:35 p.m. — Asked about alternate exit from courtroom.
De La Rosa said she did not do anything to exclude the ADA.
1:32 p.m. — Transcript describes rescheduling of status conference for EFR. De La Rosa says it’s an accurate depiction of her words.
1:32 p.m. — Defense now showing transcript from Microphone 3 inside courtroom (Freed Microphone).
1:30 p.m. — Defense is asking about her movement during that time? De La Rosa testifies that she was concerned ICE was present and didn’t see an interpreter present, so she wanted to get him in and out as fast as possible.
1:30 p.m. — De la Rosa testifies that she was never told of a warrant for her client.
1:30 p.m. — Defense is now up.
1:29 p.m. — Prosecution asks about Flores Ruiz’s name being called and arrest, to which she replies yes.
1:27 p.m. — De la Rosa is asked if Judge Dugan accompanied her down the hallway, to which she replies, “Just a couple steps.”
1:24 p.m. —De la Rosa testifies that she knew ICE was on the sixth floor and that she was waved to a door she had never been to.
She said she was concerned because she had a Spanish client and was “freaked out.”
1:22 p.m. – De la Rosa is asked if she had ever used the hallway or knew what was behind the door. She says she had never been back there.
1:20 p.m. — Prosecution now showing a picture of the door near the jury box where she was instructed to go.
De La Rosa testifies that she remembers hearing her name and seeing Judge Dugan near the door area. She also testifies that she saw Dugan near the door and made a gesture toward her, and that she complied with the direction.
1:15 p.m. — Prosecution playing more of the audio recording from inside Dugan’s courtroom.
1:13 p.m. — De la Rosa is asked about the use of an interpreter
When asked whether she asked if her client would waive having an interpreter, she said she was not sure but that she knew whether or not he needed one.
1:07 p.m. — Mercedes de la Rosa, Flores Ruiz’s lawyer, tackles the stand
Prosecutors are asking about the events inside Dugan’s courtroom that day.
12:46 p.m. — Brittany Ewing, victim witness advocate for the Milwaukee DA’s Office, takes the stand.
Ewing says she was asked to help in Dugan’s courtroom for the DA’s Office. She was there to help cover the case with Flores Ruiz, as there were three victims there for his case who mostly spoke Spanish.
12:45 p.m. — Court resumes; judge says, “We are making good progress.”
11:58 a.m. – Court breaks for lunch
Federal prosecutors are expected to call another four witnesses, and then it will be done with its prosecution.
11:10 a.m. — Prosecutors showing video again of the hallway.
10:50 a.m. — New witness Alan Freed Jr. is called.
Freed Jr., the deputy clerk of court, was assigned to Judge Dugan’s courtroom.
10:40 a.m. – Back in court for cross-examination with Buss. Jason Luzcak is conducting the cross for the defense.
10:24 a.m. — Court in recess for a 10-minute break.
10:15 a.m. – New witness, Melissa Buss takes the stand
Buss is a Milwaukee County assistant district attorney who was in Dugan’s court the day Flores-Ruiz appeared.
She testifies hearing the presence of ICE in the hallway, and Dugan directing and Flores Ruiz and his lawyer to the jury door.
9:47 a.m. – Text messages between the chief judge and Dugan are discussed
The chief judge says his message was pretty short: “Give me a call.” After the call, he says he expected ICE would wait until after the hearing and that the arrest would take place in a public hallway.
He also said there was no discussion from him about calling off the arrest.
9:45 a.m. – Warrant and ICE arrest discussed
Judge Ashley asked for a copy of the warrant and learned it was an administrative warrant. When asked if he asked agents to come to his office, he says no.
The chief judge is asked about April 18, when he was notified that ICE was on the sixth floor to make an arrest.
The definition of an administrative warrant is discussed, as well as a judicial warrant.
9:32 a.m. — Zoom meeting and emails are being discussed
An email from April from Judge Ashley is being shown, where he sets up a Zoom meeting to talk and attaches an ICE memorandum.
On April 8, in an email, Dugan asked for a “written protocol” and asked for a judge meeting. Dugan’s concerns about the arrest are discussed.
Another email is discussed, where ICE’s authority is discussed. Whether or not the judiciary has the authority to intervene is also discussed.
9:18 a.m. —Chief Judge Ashley takes the stand.
Judge Ashley discusses his responsibilities, which are to supervise and oversee judges and commissioners. He has been a judge for 26 years and chief judge since April 2023.
9:14 a.m. – Cross-examination underway by Biskupic.
There was a talk about an arrest in the hallway. The tone was professional between the chief judge and the federal agents.
9:09 a.m. – Talks about Judge Cervera being in the chief judge’s office – she helps arrange a call with the chief judge and a federal agent on her cellphone.
9:08 a.m. – Garbo says that Judge Ashley did not ask her to talk or bring federal agents in the hallway.
9:04 a.m. – The first witness is Stephanie Garbo, chief court administrator at the Milwaukee courthouse. She works in the chief justice’s office.
9 a.m. - Judge Adleman has arrived, bringing in the jury.
8:55 a.m. – Federal prosecutors have arrived.
8:54 a.m. – Judge Dugan has arrived at court.
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