Miesmer seeks to withdraw guilty plea in homicide case

A man who entered a guilty plea to a deliberate homicide charge without a plea agreement in place is seeking to withdraw that plea before sentencing.

Branden Conrad Miesmer entered his plea before District Judge John Kutzman on March 25.

Miesmer admitted to shooting and killing 26-year-old Cody Steve Bruyere in September and then leading law enforcement on a multiday manhunt until he was arrested in Lewis and Clark County.

Court records show an ex-parte communication, or communication directly to the judge without the knowledge of others involved in the case, from Miesmer was filed Monday. The hand-written Cascade County Detention Center form included a request to speak with Kutzman about his case before sentencing.

Miesmer enters guilty plea in homicide case

The message, in its entirety, reads, “I respectfully want to address the honorable Judge John Kutzman in open court in regards to a change of counsel, a withdrawal of my guilty plea and a second opinion for a psych evaluation.”

The document appeared to be dated May 1, though the court date stamp obscured the line on the form.

Miesmer’s attorneys also filed documents with the court on Tuesday — a motion to vacate the June 3 sentencing hearing and supporting brief. The brief cites a scheduling conflict for one of his public defenders as the reason for the request.

The motion indicated the Cascade County Attorney’s Office did not objection to the request to vacate the hearing.

Miesmer testified during his sentencing that he understood the rights he would giving up by changing his plea. Typically, only guilty pleas made under a binding plea agreement can be withdrawn. Miesmer entered his plea without making a plea agreement of any kind with the state.