Day 3: Trial of Judge Hannah Dugan continues, prosecution rests

MILWAUKEE (CBS 58) -- The prosecution has rested its federal case against Judge Hannah Dugan.

The U.S. government called its 19th and final witnesses Wednesday afternoon. Dugan's defense team plans to call four witnesses Thursday morning.

The pace of this trial picked up significantly Wednesday, ratcheting up the intensity along the way.

The last witnesses of the day were the court employees who were in the room with Judge Dugan as she called Eduardo Flores-Ruiz' case and then ushered him out.

Joan Butz was Dugan's court reporter. When she heard ICE agents were in the hallway, she said, "That pisses me off."

After Eduardo Flores-Ruiz' brief hearing in the courtroom, Butz and Dugan whispered about the stairs; it was recorded on courtroom audio. 

After leaving the courtroom via the jury door, there are two more doors in the hallway: one door to the public hallway where ICE agents were spotted and one door to a stairway downstairs, presumably away from the ICE agents. 

Through questioning from Assistant U.S. Attorney Kelly Watzka, Butz said, "the wrong door" was the one that led to the public hallway and the "right door" led down the stairs. When asked what might happen if Flores-Ruiz and his attorney went out the wrong door, Butz said, "They might meet the ICE people."

The audio shows Dugan and Butz were whispering about the stairs. Asked if she was concerned someone would hear them discussing the stairs, Butz said "perhaps." She testified it was Dugan who brought up the stairs first. 

Another key witness who testified Wednesday was Alan Freed, Judge Dugan's clerk. Freed seemed pained throughout his testimony, saying he was upset and outraged to find ICE agents in the hallway. At first, Freed said he would call the chief judge, but testified Dugan told him not to. 

Freed followed Dugan into the hallway and called an agent a "fascist" when he later passed by. Back in the courtroom, Dugan called Flores-Ruiz' case off the record. 

The prosecution argues that was unusual, a sign Dugan was trying to rush him out past ICE agents. But Freed said that happens "all the time." Freed also said he heard Dugan said, "down the stairs," and "I'll take the heat." He also said he can't recall a defendant ever going out the jury door. 

Earlier in the day, Judge Hannah Dugan's federal trial, Chief Judge Carl Ashley took the stand. Ashley is the supervising judge who wrote the draft arrest policy Dugan's team is arguing she followed. 

The testimony from Chief Judge Ashley was among the most anticipated of the trial. The focus was on the court's policy for when federal agents want to arrest someone in the courthouse. What was Judge Dugan required to do and what did she do on her own outside of those requirements?

Chief Judge Carl Ashley spoke about several email conversations that took place over several weeks between him and his judges, including Judge Dugan, as they were trying to determine how to handle ICE arrests in the courthouse.

When asked, Ashley said he didn't believe the judiciary has the authority to intervene in what happens in the public hallway.

A presentation by the National Judicial Network was shared with judges that said ICE can legally conduct enforcement in public areas of the courthouse.

Chief Judge Ashley drafted a policy saying at the time, it needed to be vetted by partners because he wanted the most input possible.

When asked if it was an official policy at that point, he said it was not. 

After the incident between Dugan and the agents, Ashley texted her to call him. She did not respond. But on cross examination, the defense showed Ashley based his draft policy on an existing policy in San Francisco. One key difference was removing a specific sentence that allowed ICE agents in court's public areas. 

Ashley said he chose to not include that sentence. 

Our live coverage of the Judge Dugan trial continues on CBS 58 and online as court is back in session.