On July 5, 2007, Ryan Lemke agreed to plead guilty to a lesser crime and on July 9, 2007, the jury trial commenced against the four other officers. Unlike the state trial, the federal trial included one black man on the jury. Additionally, Charles N. Clevert Jr., the only black judge serving on the United States District Court for the Eastern District of Wisconsin, presided over the trial. However, the most notable change came in testimony from Joseph Schabel, the first on-duty officer to arrive at the scene, who testified in state court that he never kicked Frank Jude but did observe others do so. In federal court, after pleading guilty pursuant to a plea agreement that included a grant of immunity from perjury charges for his state testimony, Joseph Schabel testified that he "stomped" on Frank Jude's head two or three times.