Judge Glenn Suddaby
In his pro se civil rights action against correctional employees inmate DePonceau moved, in limine, to preclude defendants' from introducing evidence, references and arguments relating to his prior arrests or criminal convictions. The only relevant arrest the court was aware of was DePonceau's 2005 arrest for knowingly and unlawfully possessing ammunition while a felon, arising from his noncompliance with a 1997 court order to surrender that ammunition. Agreeing with DePonceau that the mere existence of an arrest—without more—is not admissible to impeach witness credibility, the court precluded defense counsel from inquiring into DePonceau's arrest on cross-examination, unless he first provided specific testimony rendering that arrest probative to his character for truthfulness or untruthfulness. A 1997 drunken driving conviction was denied admissibility because Federal Rule of Evidence 609(b)'s two other criteria were not satisfied. The conviction giving rise to DePonceau's current incarceration—conspiracy to murder two witnesses—was admissible under Rules 609(a)(1)(A) and 403. Its probative value was substantial, and its prejudicial effect minimal, as was the danger of wasting the court's time.
