Mike_Muscolino

The Mississippi Justce Project Presents

The Mike Muscolino Story

I was arrested on July 12th, 1999, by Newton County Sheriff's Department for weapons possession and misdemeanor Marijuana possession. July 14th, 1999, I was taken to Meridian Police Department and booked. This was also the first time I was photographed.

I bonded out about one and one-half months later. About eight months later I was arrested on April 15th, 2000, by Newton County for a fabricated charge of aggravated assault that I was never indicted on. That was two days before I was to go on trial.

I went to trial with Ray Earl Jordan (Of Jordan & Jones from Meridian) as my attorney. I met with him several times while out on bond. My step-father and grandfather retained him for me. I didn't think he was going to do my case any justice from the beginning but I had no money to get someone else.

Well, here are several things he should have brought up at trial but didn't. The pistol was described as a small revolver until I was arrested and they found only a large revolver. two out of three state witnesses (all at the location) did not see a weapon. The affidavit was invalid because the police lied to get it. It states the employee saw the tag number of the car that the suspect got into when, in actuality, after a period of several minutes, he saw a car that looked like the one the suspect got into and got that tag number. It also says that I was picked out of a line-up by the witness when I was never put in a line-up and the only picture of me that they could have used wasn't even taken yet. Another thing they should have brought up ( dealing with the line-up again), when the officer claims he did the line-up he said "The next day" (the 13th) and the witness says says the same day, (the 12th) ; no big deal except I wasn't arrested and photographed until the 14th, which makes it a big deal.

I was found guilty and sentenced to twenty years, which is mandatory with armed robbery, on May 30th, 2000.

I hired Sue Merchant not long after to do my appeal. All was going well and she did the brief and asked for oral arguments. Well, next thing I know she has a nervous breakdown and is committed to asylum before my appeal came up. Well, it came up and she was nowhere to be found and I got affirmed. This happened on January 8th, 2001; so I have until January 8th, 2004, to do aa post conviction. My Mom said it would be fine to communicate with her.

Her name and address is:

Patti Barber

24563 Hwy 80

Chunky, MS 39323

Phone: 601-655-8544