John Muise

John Peter Muise was convicted of the February 1, 2006 murder of Jeremy Magrette.

John testified that although he drove Michael Fladland to the trailer where Magrette was murdered, it was Fladland who committed the murder. Fladland was indicted as an accessory before the fact to murder. Fladland disappeared between John’s arrest and his trial, his lawyers complained in his appeal that this denied John a fair trial, as they were unable to call him as a witness and question him about his role. At trial, it was stipulated that Cherrie Mark Roach  had sold Fladland the gun that was determined to have been used to kill Magrette.

Forensic tests on John to see if he had fired a gun were negative. No tests were performed on Fladland.

The conviction rests on the testimony of a single witness Jamie Little, who may have been coached to secure a conviction. Little was taking  prescription medications, including Xanax, Tylenol 3, and Ultram, that could have affected the reliability of her testimony.

The shooting occurred at approximately 9:20 p.m.

When asked that evening, Little said it was dark and she saw the shooter in the doorway. Later she claimed it was John Muise, and she could see his face due to a night light, however the light would have been behind a person standing in the doorway.

Appeal denied December 2008

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