For Immediate Release - March 28, 2008

Appeals Court Affirms Murder Conviction of Nathaniel J. Miksch

District Attorney Michael O'Keefe announced today that the Massachusetts Appeals Court has affirmed the conviction of Nathaniel J. Miksch for murder in the second degree of Timothy Maguire in Provincetown on October 25, 2003.

The Appeals Court rejected the defendant's claim that the prosecution had not presented enough evidence of malicious intent in his killing of Mr. Maguire by strangulation. The defendant claimed he was provoked into his attack on the victim. The jury rejected the defendant's claim at trial and the Appeals Court found there was no reason to overturn the jury's verdict.

Assistant District Attorney Sharon J. Thibeault prosecuted the case at trial. Assistant District Attorney Thomas Kirkman briefed and argued the appeal for the Commonwealth.