Dugan split verdict: Defense team planning to appeal felony conviction, process could take months to resolve the case

Adela Tesnow

MILWAUKEE (CBS 58) -- Judge Hannah Dugan's defense team is readying an appeal to her felony conviction for obstructing federal officers.

On Thursday, Dec. 18, a jury found Dugan guilty of obstructing a federal agency, but not guilty of concealing a person from an arrest.

That split verdict will extend the case that has already attracted national attention for months.

A legal expert says it could take several more months to resolve.

The verdict is an important step, but it's not the last step.

While the US government is celebrating the guilty verdict, Dugan's defense attorneys say the split verdict keeps open the opportunity to clear her name.

Dugan defense attorney Steven Biskupic said Thursday, "I would just say the case is a long way from over."

Biskupic vowed her team would fight on, just moments after the verdict was read in federal court. "The mixed verdict is the big thing from the defense perspective."

The split verdict is a rare outcome for such similar charges. Biskupic said both charges relied on the same elements. "How can you find guilty there and not guilty on the first."

While the verdict has been reached, it still needs to be accepted by the court.

Attorney Justin Padway consulted with CBS 58 during the entirety of the Dugan trial, he told us, "The job does not end until the verdict is ultimately reached, and in this case, until a judgment is entered."

So first the defense team will file for what's called a "judgment notwithstanding the verdict."

They'll essentially ask the judge to rule Dugan was not guilty of both charges, separate of the jury's verdict.

Padway said, "They're going to explore that issue and basically say there's not a reasonable jury that could find her obstructing if they didn't find her concealing."

Padway said judges don't want to usurp the jury's power, but rulings separate of a jury's verdict do happen.

But it will require the attorneys to relitigate the case. There will first be a briefing where the defense will argue the jury's verdict was inconsistent. The prosecution will respond. Then, Judge Adelman will decide.

Padway said, "The pressure is a lot. Yeah. If there's anyone who can handle it, obviously it's a seasoned judge like himself. He's handled this case wonderfully. But it's one more step in his process and his job in this case."

It will likely take months for the briefings and for Judge Adelman to research and write his decision.

So, Padway said, "This is just the beginning of a long road ahead." He added, "We knew this was going to be a fight to the finish. It has been a fight to the finish. The fight is not over."

If the defense is unsuccessful in asking for the judgment notwithstanding the verdict, they could appeal to the 7th Circuit Court of Appeals.

Because this appeal process is expected to take a while, no sentencing date has been set yet.

But even if Dugan's conviction is upheld, Padway does not believe she'll be sentenced to any prison time.

He said, "I think it would be highly unlikely that she would face time behind bars. This is somebody that has no prior criminal record, this was a nonviolent offense, this is somebody who has been a judicial servant for nine years on the bench. This is not the kind of person I think would serve time behind bars."

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