Donte Miller’s homicide trial was delayed after a prospective juror commented on his red jail jumpsuit and handcuffs during jury selection in Milwaukee. Michelle A. Havas adjourned the case and a new trial was set for Oct. 26.
Jury selection began on Aug. 17 for the 31-year-old, who faces second-degree reckless homicide and hit-and-run involving death charges tied to the Jan. 4, 2025 crash that killed Beverly Fair, who was 70 years old. Whittling down the pool of 36 potential jurors stretched into a second day before the reset.
Donte Miller and the jury pool
On Aug. 18, Miller appeared at the defense table in the red jail jumpsuit with his wrists handcuffed. A prospective juror said she knew from her law enforcement experience that the color meant he was on some kind of restriction or being disciplined while in custody.
Abigail Ruckdashel moved to dismiss the entire jury pool and asked for a new panel after the comment. She said, “I felt... a nuclear option was necessary because it [the comment] was so damaging.” Havas agreed and adjourned the case.
Milwaukee County Sheriff's Office
James Burnett said Miller is serving discipline time for disorderly behavior and for making threats to staff in a general housing unit. Burnett said Miller’s current status is “administrative segregation due to the threats,” and that Miller requested protective custody status.
Burnett also said Miller refused to wear street clothes even though they were offered to him. On the handcuffs, he said it was “a common practice that is not a formal part of MCSO’s policy manual.”
He added: “For all non-jury related cases and hearings, the in-custody defendant always remains cuffed.” The court’s reset means the trial did not move forward with the first 36-person pool, and the case now returns with a new jury date already set.
