Avery et al v. City of Milwaukee et al

Filing 123

ORDER signed by Judge Rudolph T. Randa on 5/27/2015. 118 Avery's MOTION to Determine Portions of Antron Kent's Deposition Admissible At Trial DENIED; 119 Avery's MOTION Supplement Voir Dire GRANTED; 122 Avery's MOTION to Call Witness Randolph Live at Trial GRANTED. (cc: all counsel)(cb)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
WILLIAM DAMON AVERY,
Plaintiff,
-vs-

Case No. 11-C-408

CITY OF MILWAUKEE, et al.,
Defendants.
DECISION AND ORDER
This matter is scheduled for a trial to commence on June 1. Now
before the Court are three motions. 1. William Avery’s motion to determine
the portions of Antron Kent’s deposition that are admissible at trial. 2.
Avery’s motion to supplement his voir dire. 3. Avery’s motion to call
witness Keith Randolph live at trial.
1.

Previously, the Court held that there were “exceptional

circumstances” which justified the use of Antron Kent’s deposition in lieu of
live testimony. ECF No. 109, at 7; Fed. R. Civ. P. 32(a)(4). Avery now seeks
to limit the use of that testimony to specific excerpts. Defendants argue
that all 27 pages of the deposition transcript should be read to the jury.
Since the defendants will be unable to cross-examine Mr. Kent, the Court
agrees that it is patently unfair to allow Avery to pick and choose the

evidence that supports his case. Avery’s motion [ECF No. 118] is DENIED.
If Avery still wants to use this evidence, the jury must hear the entire
transcript of Kent’s deposition.
2.

The plaintiff, of course, bears the same last name as Steven

Avery, who notoriously murdered a woman after he was freed from prison
on a prior rape conviction. Plaintiff argues that potential jurors should be
voir dired on any knowledge of the Steven Avery case and assured that
plaintiff’s case has nothing to do with Steven Avery. The Court agrees that
this is an appropriate inquiry. The motion to supplement [ECF No. 119] is
GRANTED.
3.

Avery moves to call Keith Randolph as a live witness at trial.

Defendants do not oppose this request. Live testimony is always preferable,
so this motion [ECF No. 122] is GRANTED.
Dated at Milwaukee, Wisconsin, this 27th day of May, 2015.

SO ORDERED:
__________________________
HON. RUDOLPH T. RANDA
U.S. District Judge

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