MILWAUKEE — A jury found a Wisconsin judge accused of helping a Mexican immigrant dodge federal authorities guilty of obstruction Thursday, marking a victory for President Trump as he continues his sweeping immigration crackdown across the country.
Federal prosecutors charged Milwaukee County Circuit Judge Hannah Dugan with obstruction, a felony, and concealing an individual to prevent arrest, a misdemeanor, in April. The jury acquitted her on the concealment count, but she still faces up to five years in prison on the obstruction count.
The jury returned the verdicts after deliberating for six hours. Dugan faces up to five years in prison when she’s sentenced, but no date had been set as of late Thursday evening.
The case inflamed tensions over Trump’s immigration crackdown, with his administration branding Dugan an activist judge and Democrats countering that the administration was trying to make an example of Dugan to blunt judicial opposition to the operation.
Dugan and her attorneys left the courtroom, ducked into a side conference room and closed the door without speaking to reporters. Steve Biskupic, her lead attorney, later told reporters that he was disappointed with the ruling and didn’t understand how the jury could have reached a split verdict since the elements of both charges were virtually the same.
U.S. Atty. Brad Schimel denied the case was political and urged people to accept the verdict peacefully. He said courthouse arrests are safer because people are screened for weapons and it isn’t unfair for law enforcement to arrest wanted people in courthouses.
“Some have sought to make this about a larger political battle,” Schimel said. “While this case is serious for all involved, it is ultimately about a single day, a single bad day, in a public courthouse. The defendant is certainly not evil. Nor is she a martyr for some greater cause.”
U.S. Deputy Atty. Gen. Todd Blanche praised the verdict on X, saying nobody is above the law, even judges.
According to court filings that include an FBI affidavit and a federal grand jury indictment, immigration authorities traveled to the Milwaukee County courthouse on April 18 after learning 31-year-old Eduardo Flores-Ruiz had reentered the country illegally and was scheduled to appear before Dugan for a hearing in a state battery case.
Dugan learned that agents were in the corridor outside her courtroom waiting for Flores-Ruiz. She left the courtroom to confront them, falsely telling them their administrative warrant for Flores-Ruiz wasn’t sufficient grounds to arrest him and directing them to go to the chief judge’s office.
While the agents were gone, she addressed Flores-Ruiz’s case off the record, told his attorney that he could attend his next hearing via Zoom and led Flores-Ruiz and the attorney out a private jury door. Agents spotted Flores-Ruiz in the corridor, followed him outside and arrested him after a foot chase. The U.S. Department of Homeland Security announced in November he had been deported.
Prosecutors worked during Dugan’s trial to show that she directed agents to the chief judge’s office to create an opening for Flores-Ruiz to escape.
An FBI agent who led the investigation testified that after agents left the corridor, she immediately moved Flores-Ruiz’s case to the top of her docket, told him that he could appear for his next hearing via Zoom and led him out the private door.
Prosecutors also played audio recordings from her courtroom in which she can be heard telling her court reporter that she’d take “the heat” for leading Flores-Ruiz out the back.
Her attorneys countered that she was trying to follow courthouse protocols that called for court employees to report any immigration agents to their supervisors and she didn’t intentionally try to obstruct the arrest team.
The family of pitcher Tyler Skaggs and the Angels reached a settlement Friday, ending a contentious trial as jurors had begun a third day of deliberations regarding Skaggs’ drug-related death on the road with the team. Terms of the agreement, which followed 31 days of testimony and four years of legal wrangling, were not immediately available.
Jury foreman Richard Chung said after the settlement was announced that the panel had agreed to award Skaggs’ family roughly $100 million when they were told to cease deliberations — $60 million to $80 million for economic damages, $5 million to $15 million for emotional distress damages and $10 million to $20 million for punitive damages.
Rusty Hardin, the Skaggs family’s lead attorney, told The Times that although he could not reveal the amount of the agreement, “the Skaggs family is extremely happy with the settlement.”
Early efforts to settle the case had been unsuccessful, with the Angels’ legal team and its insurance carriers rebuffing overtures from the lawyers representing Tyler Skaggs’ widow Carli Skaggs and parents Debbie Hetman and Darrell Skaggs. As recently as Tuesday evening, after the jury had begun deliberations, the lead attorneys from each side met but gained little traction toward a settlement.
The equation changed Wednesday when jurors asked the judge to read back testimony from experts on Skaggs’ future earnings had he lived. The request suggested that that the jury had determined the Angels were responsible for at least a percentage of economic damages. The jury also asked whether it was charged with determining the amount of punitive damages, adding to speculation that it might hand the Skaggs family an award beyond economic and emotional distress damage.
Roughly 95% of civil suits nationwide reach a settlement ahead of or during trial. Plaintiffs and defendants alike overwhelmingly prefer to eliminate the risk of an all-or-nothing jury verdict by agreeing on a compromise dollar figure.
Attorney Rusty Hardin, center, addresses the media Friday on behalf of the Skaggs family after a settlement was reached in their wrongful death lawsuit against the Angels.
(Allen J. Schaben / Los Angeles Times)
Sources on the Skaggs family legal team said they were amenable to a settlement to eliminate the chance of the jury determining the Angels weren’t responsible for Skaggs’ death and denying any award. Also, while either side could have appealed a jury verdict, the settlement ended the case.
Carli Skaggs and Hetman hugged their lawyers and each other when Judge H. Shaina Colover announced that a settlement had been reached and jurors were excused.
“The Skaggs family has reached a confidential settlement with Angels Baseball that brings to a close a difficult six-year process, allowing our families to focus on healing,” the family said in a statement. “We are deeply grateful to the members of this jury, and to our legal team. Their engagement and focus gave us faith, and now we have finality.
“This trial exposed the truth and we hope Major League Baseball will now do its part in holding the Angels accountable. While nothing can bring Tyler back, we will continue to honor his memory.”
MLB declined to comment on the settlement.
A jury verdict favoring the Angels also would have meant the high-powered Skaggs legal team that has spent thousands of hours on the case wouldn’t have been paid. Their contingency fee — typically at least 40% of an award — would have been zero.
Skaggs died July 1, 2019, during an Angels road trip in Texas after snorting an illicit pain pill that was laced with fentanyl.
The pill was given to Skaggs by Angels communications director Eric Kay, who is serving 22 years in federal prison for his role in the pitcher’s death. Skaggs was discovered in his Southlake, Texas, hotel room the next morning, and an autopsy concluded he accidentally died of asphyxia after aspirating his own vomit.
“The death of Tyler Skaggs remains a tragedy, and this trial sheds light on the dangers of opioid use and the devastating effects it can have,” the Angels said Friday in a statement.
Each juror had to fill out a 26-question verdict form during deliberations. The first batch of questions focused on Kay, asking jurors whether the Angels were negligent in their supervision of him, whether the team knew he was distributing illicit pills and whether he was operating within the scope of his employment when he did so.
Carli Skaggs, Tyler Skaggs’ widow, with attorney Rusty Hardin in court Friday in Santa Ana.
(Allen J. Schaben/Los Angeles Times)
If jurors answered “yes” to any of those questions, they were then asked whether the Angels’ negligence and Kay’s “unfitness or incompetence” were substantial factors in the death of Skaggs, as well as harm to his iPad.
Consideration of the iPad, which Skaggs used as a surface to chop up drugs, was related solely to punitive damages.
The first damages the jury considered were economic. Experts for the Skaggs family lawyers testified that he would have made an estimated $102 million had he lived and continued to pitch. Experts for the Angels said his earnings wouldn’t have been more than $30 million.
During closing statements, Skaggs family attorney Daniel Dutko suggested that the Angels were 70 to 90 percent responsible for his death, and that Kay and Skaggs could each be assigned about 10 percent of the blame. Angels attorney Todd Theodora did not suggest a specific percentage, but conceded the jury might find Kay partially responsible for Skaggs’ death.
Also during closing statements, Dutko and Theodora each walked the jury through the nine-page verdict form, suggesting how questions should be answered based on testimony that supported their arguments. While criminal cases require a burden of proof beyond a reasonable doubt, civil cases require only a preponderance of the evidence. At least nine of the 12 jurors are required to agree on a verdict.
Dutko said the Angels for years were negligent in dealing with Kay, a team employee since 1996 whose illicit opioid use became apparent as early as 2009, according to testimony. Evidence showed the Angels concealed Kay’s addiction rather than follow team and Major League Baseball policies in reporting it and punishing Kay, Dutko told the jury.
“Is that reasonable, is that how we want companies in our country to run?” Dutko said. “They didn’t monitor anything. They didn’t do anything.”
“There is no doubt that if Eric Kay wasn’t employed by the Angels, if he wasn’t in that clubhouse, Tyler Skaggs would be alive.”
Kay entered outpatient rehab for substance abuse in the spring of 2019 and returned to work just weeks before he was sent with the Angels to Texas. Skaggs quickly texted Kay asking for oxycodone pills. Theodora argued that the messages showed Skaggs was an uncontrollable addict who had little regard for Kay’s well-being.
Theodora showed the jury a pyramid-shaped graphic with Skaggs at the top and players who evidence had shown were given opioids by Skaggs under him, and argued that Skaggs was as complicit in distributing the drugs as Kay.
The Angels attorney told the jury that the plaintiffs’ stance that Kay should have been fired applied to Skaggs as well. “What you see here is a classic double standard,” Theodora said.
Dutko delivered a rebuttal to Theodora’s closing statement, returning to the theme that the Angels never took any responsibility for Skaggs’ death and told jurors that they can make that clear by reaching a verdict in favor of his wife and parents.
“The only reason Tyler Skaggs is dead is the Angels,” Dutko said. “We have fought for Tyler Skaggs and I will continue to fight for Tyler Skaggs as long as I’m alive. I need you to fight for him, please.”
The jury was close to a verdict that would have favored Skaggs’ family. Chung said the panel was discussing apportionment of responsibility and would have been done by the noon lunch break had they not been told to cease deliberations around 9:30 a.m.
He said his own determination was that the Angels bore 50% of the responsibility for Skaggs’ death while Kay was responsible for 35% and Skaggs for 15%.
“Ultimately, we felt the Angels needed to know that they were at fault,” Chung said. “Just to say, ‘Do better.’ They needed to do better.”
Dec. 19 (UPI) — A 12-person jury has found Milwaukee County Judge Hannah Dugan guilty of obstructing federal agents attempting an immigration arrest near her courtroom in April.
The jury deliberated for more than six hours before delivering its guilty verdict on one count of obstruction, but acquitted her on a second count of concealment.
She could face up to five years’ imprisonment and a $250,000 fine when sentenced. A sentencing date has not been set.
The ruling is a victory for President Donald Trump and his administration, who have portrayed Dugan as an example of judges interfering with their immigration enforcement policies.
Dugan was arrested by FBI agents in late April and charged with knowingly concealing a person whose arrest warrant had been issued in order to prevent their apprehension, and corruptly endeavoring to influence, obstruct and impede the administration of law enforcement.
Federal prosecutors said she misdirected federal agents on April 18 to allow undocumented migrant Eduardo Flores-Ruiz to evade arrest.
Court documents state that she confronted federal agents in the court’s hallway after escorting Flores-Ruiz and his counsel out of her courtroom.
Flores-Ruiz was arrested by immigration enforcement agents following a foot chase.
The arrest came amid the early stages of Trump’s immigration crackdown, part of which was the rescinding of a Biden administration policy prohibiting immigration enforcement action in or near courthouses.
Critics and justice advocates — including nearly 150 former state and federal judges — rebuked the arrest as an effort to intimidate the judiciary, warning it threatened judicial independence and the Constitution.
Interim U.S. Attorney Brad Schimel for the Eastern District of Wisconsin told reporters following the jury verdict that while some have sought to make the case about a larger political battle, “it’s ultimately about a single day — a single bad day in a public courthouse.”
“The defendant is certainly not evil, nor is she a martyr for some great cause. It was a criminal case, like many that make their way through this courthouse every day,” he said.
“And we all must accept the verdict.”
Steven Biskupic, Dugan’s lead attorney, told reporters the defense was “obviously disappointed” with the verdict and that it does not make sense for his client to be found guilty on one count and acquitted on the other since they are based on the same elements.
“I would just say the case is a long way from over,” he said.
Norm Eisen, executive chair of the nonpartisan Democracy Defenders Fund, issued the same sentiment in a statement emailed to UPI.
“This case is far from over. Substantial legal and constitutional issues remain unresolved, and they are exactly the kinds of questions appellate courts are meant to address,” Eisen said.
“Higher courts will have the opportunity to determine whether this prosecution crossed the lines that protect the judiciary from executive overreach.”
Republicans and members of Trump’s administraiton swiftly celebrated the ruling, with Deputy Attorney General Todd Blanche remarking that “nobody is above the law” and Rep. Tom Tiffany of Wisconsin stating, “Now, lock her up.”
Four years after the family of deceased Angels pitcher Tyler Skaggs filed a wrongful death suit against the Angels, and two months into often contentious testimony in an Orange County Superior Court courtroom, jurors are set to begin deliberations on whether Skaggs’ widow and parents deserve hundreds of millions of dollars.
During closing statements Monday, plaintiffs lawyer Daniel Dutko argued that the Angels were negligent in failing to supervise Eric Kay, the drug-addicted team communications director who gave Skaggs the fentanyl that killed him in 2019.
However, Angels lawyer Todd Theodora insisted that Skaggs was a selfish, secretive opioid addict who for years manipulated Kay into obtaining drugs for him. Theodora told the jury that the Angels didn’t owe the Skaggs family any award.
“He died when he was doing things we teach our children and grandchildren not to do — do not chop up and snort pills from the street,” Theodora said.
But it’s not just Skaggs’ family and the Angels who have a lot riding on the jury’s decision. Among those powerful stakeholders who have been watching the proceedings closely are the agencies that insure the Angels.
According to people with knowledge of the Angels’ defense, the team is insured by several companies that each provide coverage with various limits, and it’s possible that those insurers could facilitate a case settlement even before the jury reaches its verdict.
“Insurance companies are in the business of mitigating risk; they don’t like uncertainty,” said Brian Panish, a Los Angeles personal injury lawyer who was not involved in the case but has won several landmark jury verdicts. “They calculate risk and proceed from there. In this case we are talking about multiple insurance companies, a tower of insurance.”
Even though the insurance companies represent the Angels, they ultimately could reduce risk for the Skaggs family and their lawyers through an 11th-hour settlement.
Legal experts say that in cases where enormous sums of money are at stake, the two sides can reach what is called a high-low agreement, with the insurance companies promising to pay plaintiffs an agreed-upon sum even if the jury awards nothing. In exchange the plaintiffs accept an agreed-upon cap to their award — even if the jury thought they deserved more.
A nightmare outcome for the Skaggs family would be the jury awarding them nothing, meaning that in addition to widow Carli Skaggs and parents Debbie Hetman and Darrell Skaggs leaving empty-handed, their high-powered legal team that has spent thousands of hours on the case wouldn’t be paid. Their contingency fee — typically 35% to 40% of an award — would be zero.
A high-low agreement with the Angels would ensure that Skaggs’ lawyers are paid and the family gets some money even if the jury denies them anything.
Both sides are scrambling to assess risk before the jury returns a verdict. Another source of information for the Angels has been a “shadow jury,” a half-dozen or so people hired by the insurance companies to sit in on the trial and provide feedback to the Angels lawyers on their reactions to the testimony.
Next could come negotiations with little time to spare.
“Who is going to blink first?” Panish said. “The posturing and maneuvering is over. The hay is in the barn. The bricks have been laid. I’d be very surprised if they aren’t talking already.”
A person with knowledge of backroom negotiations between the two sides said one insurance company with a relatively low limit on its coverage of the Angels — near the bottom of the tower — has blocked progress toward a settlement. The insurance companies eventually made a “lowball offer” more than a month ago that was rejected by the Skaggs family.
“If a settlement proposal is within the insurance policy limits, there will be pressure on the defense to settle,” Panish said. “But if it is above the limits, say coverage is for $50 million and the demand is $100 million, the insurance companies can’t force the Angels to settle because they would have to pay the excess amount.”
The facts regarding Skaggs’ death are not in dispute. An autopsy concluded the 27-year-old left-hander accidentally died of asphyxia after aspirating his own vomit while under the influence of fentanyl, oxycodone and alcohol the night of July 1, 2019, when the Angels were in Texas for a three-game series against the Rangers.
Kay provided Skaggs with the counterfeit oxycodone pill laced with fentanyl and is serving 22 years in federal prison for his role in the death.
The Skaggs family legal team, led by attorneys Rusty Hardin, Shaun Holley and Dutko, argued that several Angels employees knew about Kay’s own years-long addiction to opioids and ignored team and Major League Baseball policies by failing to report or punish Kay.
Dutko said Kay was operating within his scope of employment when he gave Skaggs and several other players opioid pills — a stance vigorously opposed by Theodora. Dutko referred to testimony that Kay did anything he could to please players — obtaining Viagra prescriptions and marijuana vape pens for them, booking tee times and massages, and humoring them by taking a fastball off his knee and eating pimples off the back of star outfielder Mike Trout.
“From Viagra to vape pens to opioids. Eric Kay’s job responsibility was to get the players anything they wanted,” Dutko said.
Theodora continually portrayed Skaggs as a conniving drug addict who callously pressured Kay to obtain pills for him and doled out pills to teammates, even pressuring Kay to deliver opioids shortly after the longtime employee and admitted drug addict came out of rehab.
On Monday, Theodora reviewed testimony from five of Skaggs’ teammates dating back to 2011 and argued that not only had Skaggs’ drug use escalated over a nine-year period, but that Skaggs had introduced Kay to them and personally obtained pills for the players.
“It’s called the chain of distribution,” Theodora said.
The Skaggs family is seeking not only lost earnings and emotional distress damages but also punitive damages. California law doesn’t allow punitive damages in a wrongful death case, but precedent going back to the O.J. Simpson case makes an exception if the person suffered property damage before death. Skaggs lawyers believe Kay was responsible for fentanyl contaminating the pitcher’s iPad, which was confiscated and never returned to the family.
“The jury first must find the defendant liable for economic and emotional distress damages, and then a second deliberation will determine if punitive damages are appropriate,” said Edson K. McClellan, an Irvine lawyer who specializes in high-stakes civil and employment litigation. “The purpose of punitive damages is to send a message to the defendant: Don’t do this again.”
McClellan said a purpose of closing statements is to “sway hearts,” to persuade jurors who might not have made up their minds. Both sides gave impassioned arguments that the case they presented over two months validated a verdict in their favor.
