The trial for a man accused of killing a Milwaukee grandmother in a deadly crash is delayed because of a potential juror’s utterance about his jail jumpsuit and the fact he was handcuffed at the defense table.
Jury selection got underway on Aug. 17 for 31-year-old Donte Miller’s trial on charges of second-degree reckless homicide, hit-and-run involving death and other charges in connection with the Jan. 4, 2025, crash that killed Beverly Fair, 70.
Whittling down the pool of 36 potential jurors stretched into a second day.
On that second day, Aug. 18, Miller appeared in court at the defense table with his lawyer, Abigail Ruckdashel, wearing a red jail jumpsuit and his wrists handcuffed.
Under questioning from Ruckdashel, one prospective juror, a woman who said she was a retired sheriff’s office employee, said she knew from her law enforcement experience that a red jail jumpsuit meant Miller was on some kind of restriction or in some way being disciplined while in custody.
Ruckdashel told the Milwaukee Journal Sentinel the statement was prejudicial and could have swayed other potential jurors, even before witness testimony began. She filed a motion to dismiss the entire jury pool and get a new panel, despite an objection from Assistant District Attorney Grant Huebner.
Circuit Court Judge Michelle A. Havas agreed and adjourned the case.
“I felt … a nuclear option was necessary because it [the comment] was so damaging,” Ruckdashel said about the former sheriff’s office employee.
It was never stated in open court which county the woman worked for.
A new trial is now scheduled for Oct. 26.
What are the rules for defendants in custody?
The Milwaukee County Sheriff’s Office provides security for the downtown courthouse complex, which is comprised of the County Courthouse, the county Safety Building and the Criminal Justice Facility.
James Burnett, a sheriff’s office spokesman, said Miller is currently serving discipline time for disorderly behavior and for making threats to staff in a general housing unit.
His current status is “administrative segregation due to the threats,” and has requested protective custody status, Burnett said.
Burnett said the agency does not have a specific policy regarding wrist-bound handcuffs on defendants in the courtroom. However, in this specific case, he said, Miller refused to wear street clothes even though they were offered to him.
As Miller decided to remain in jail clothing, his cuffs remained on since it is assumed that the jury would already know that he is currently in custody, Burnett said.
He described what happened as “a common practice that is not a formal part of MCSO’s policy manual.”
“For all non-jury related cases and hearings, the in-custody defendant always remains cuffed,” Burnett said.
In Miller’s situation, however, it was a jury-related hearing.
Restraints can be an issue during trial
It’s not the first time a defendant’s restraints factored into how they are perceived at trial.
Consider the legal odyssey of Danny Wilber.
In 2005, Wilber was sentenced to life in prison after a jury found him guilty of homicide in the shooting death a year earlier of David Diaz.
Diaz was shot once in the back of the head during an after-hours house party on Milwaukee’s south side.
Wilber spent years arguing the evidence did not support his conviction, but instead, it was a judge’s decision to shackle him during trial that ultimately won him his freedom.
It’s common for defendants to be restrained in courtrooms for security purposes, but officials are careful not to let a jury see a defendant shackled as it could imply guilt.
During the trial, Wilber wore a manacle around his ankle and a stun belt on his arm.
He was released after 18 years, following an appeal over him being shackled in front of a jury.
The city of Milwaukee later cleared the way to pay Wilbert nearly $7 million over a federal police misconduct civil rights lawsuit in the matter.
Chris Ramirez covers courts for the Milwaukee Journal Sentinel. He can be reached at caramirez@usatodayco.com.