By TODD RICHMOND, Associated Press
MADISON, Wis. (AP) — A federal judge said Wednesday that the trial for a Wisconsin judge charged with illegally helping an immigrant evade federal agents will go on as planned next month, brushing past talk of a possible plea agreement.
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Federal prosecutors charged Dugan in April with obstruction and concealing an individual to prevent arrest. According to court documents, Dugan was set to hear a state battery case in April against 31-year-old Eduardo Flores-Ruiz, an immigrant who was in the country illegally. Federal agents learned he was scheduled to appear in her courtroom and traveled to the Milwaukee County Courthouse to apprehend him.
Dugan learned the agents were outside her courtroom and led Flores-Ruiz out through a private door, according to the documents. He found his way outside the courthouse but agents caught him after a foot chase. The Department of Homeland Security announced this month that he has been deported.
Dugan faces six years in prison if she’s convicted on both the obstruction and concealment charges. U.S. Attorney Brad Schimel said last week that plea negotiations were underway but Dugan wasn’t interested in a deal.
Her defense team has insisted she’s innocent and is preparing for trial, arguing that she was acting in her official capacity as a judge when she led Flores-Ruiz out of her courtroom. Still, Schimel’s remarks raised questions about what might happen next in the case.
No one from Schimel’s office or Dugan’s attorneys mentioned the prospect of a deal during Wednesday’s hearing, the last one scheduled ahead of Dugan’s trial. They instead focused on the logistics of jury selection and trial procedure.
Steven Biskupic, Dugan’s lead attorney, told Adelman that the two sides have already stricken 34 potential jurors based on responses to a questionnaire they sent out gauging their political biases. The two sides said they may need two days to select jurors from the pool of 90 or so remaining prospects.
Dugan’s indictment has intensified the clash between President Donald Trump’s administration and local authorities over the Republican’s sweeping immigration crackdown.
Democrats accuse the Trump administration of trying to blunt judicial opposition to the crackdown by making an example of Dugan. The administration has vilified Dugan on social media, posting photos of her being led out of the courthouse in handcuffs and labeling her an activist judge.
Biskupic said that he wants to make each potential juror fill out another questionnaire about their biases on the way into the courtroom on the selection days, saying publicity over the case is continuing. Adelman agreed.
Assistant U.S. Attorney Richard Frohling told Adelman the government plans to call 25 to 28 witnesses, including federal immigration agents and witnesses who saw what happened in Dugan’s courtroom and in the courthouse. Biskupic told the judge that the government also plans to introduce about a half-hour’s worth of recordings made in Dugan’s courtroom.
The government’s case will take at least four days, Frohling said. Biskupic did not offer any details about his witnesses or the potential length of his side of the case.
Prosecutors and defense attorneys did not speak with reporters on their way out of the hearing. Dugan attended the proceeding but said nothing. She also left without speaking with reporters.
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