GUILTY CA - Alycia Mesiti, 14, Ceres, 14 Aug 2006

A case remains stalled for a father accused of sexually abusing and murdering his teenage daughter in Ceres. The girl’s body was found buried in her family’s backyard five years ago.

In August, a criminal grand jury indicted Mark Edward Mesiti in the death of his daughter, Alycia Mesiti. His arraignment has been postponed numerous times since then.

Mesiti appeared in court Wednesday afternoon. He told the judge that he wants to move forward with a motion seeking new court-appointed attorneys.

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Defense attorneys Robert Orenstein and Mark Sullivan told the judge Monday afternoon that they no longer could represent the defendant. Prosecutors are seeking the death penalty against Mesiti, so the law requires a second appointed defense attorney who deals with death-penalty issues.

Orenstein said in court that he received a “communication” from the defendant that resulted in a “complete breakdown of the attorney-client relationship.” But he would not share specific details about the information or statements he received from Mesiti because doing so would be a breach of the attorney-client privilege...

The new attorneys will need a lot of time to catch up with the case, which was filed in June 2009. Orenstein and Sullivan have to hand over to the new attorneys all the evidence they’ve collected from prosecutors. “There is a tremendous amount of discovery evidence,” Orenstein told the judge. “Binders upon binders of discovery evidence.”

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It’s been six years since authorities discovered the body of 14-year-old Alycia Mesiti in the backyard of a Ceres home. Her father, Mark Edward Mesiti, is accused of sexually abusing the teenage girl and killing her. He has remained in custody inside a Stanislaus County jail cell for nearly four years, awaiting prosecution.

It’s been about two years since prosecutors obtained a criminal grand jury indictment to skip the preliminary hearing phase and move straight to trial. But Mesiti’s case remains stalled by legal challenges and the defendant’s requests for new attorneys.

On Tuesday, Alycia Mesiti’s great-aunt, Roberta Fitzpatrick, tried to ask the judge to stop the delays and move the case forward, but she wasn’t allowed to speak in court. Fitzpatrick shared her written statement with The Modesto Bee...

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A Stanislaus County judge on Wednesday said he will arraign Mark Edward Mesiti on April 29, and that attorneys should be prepared on that day to start discussing when to schedule the defendant’s trial.

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Stanislaus Superior Court Judge Dawna Reeves earlier this week scheduled Mesiti’s trial to begin Feb. 6, 2017. Reeves will preside over the case through the trial...

The defendant remains in custody at the Stanislaus County jail. He is being held without bail.

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A defendant representing himself in a Stanislaus County death penalty case is asking the court to order sheriff’s officials to uncuff him while he meets with his legal team inside the jail.

This is the second time Mark Edward Mesiti has made this request. Superior Court Judge John Freeland initially ordered sheriff’s officials to uncuff Mesiti’s writing hand, but he later reversed his ruling. The defendant is hoping for a more favorable outcome from Judge Dawna Reeves, who is now handling Mesiti’s capital murder case.

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At a Friday afternoon hearing, Mesiti argued that while cuffed he cannot efficiently handle the voluminous court documents, photos, digital images and other materials associated with his case.

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Mark Edward Mesiti, who is legally representing himself, says his right to a speedy trial has been violated and he wants a Stanislaus County judge to dismiss his death penalty case.

But Mesiti wasn’t ready to proceed with his defense motion Friday afternoon because, he said, there was sewage flooding near his jail cell.

Superior Court Judge Dawna Reeves scheduled Mesiti to return to her courtroom Oct. 31, when he can argue in support of his motion to dismiss.

Along with the capital murder charge, Mesiti is charged with more than 40 counts of sexually abusing his daughter, as well as sexual abuse charges involving two other girls, according to a criminal grand jury indictment. Mesiti’s trial is scheduled to start Feb. 6.

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JusticeWillBeServed said:

Defendant wants Ceres death penalty case dismissed

http://www.modbee.com/news/local/crime/article109809757.html

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Mark Edward Mesiti again was not able to proceed with his motion to dismiss his death penalty case, telling the judge on Monday that his advisory counsel has failed to give him court transcripts he needs to make his argument in court.

After the defendant decided to act as his own attorney, the court appointed attorney Martin Baker as an advisory counsel to assist Mesiti as needed. Mesiti on Monday afternoon asked the judge to hold a closed-door hearing, so he could explain to the court why he needs a new advisory counsel.

Stanislaus Superior Court Judge Dawna Reeves denied his request, telling Mesiti those closed-door hearings are for defendants who have an attorney.

“You are the attorney,” Reeves told Mesiti. “Mr. Baker’s role is simply as advisory counsel.”

The judge informed Mesiti he doesn’t have to be assisted by an advisory counsel if he doesn’t want one. Mesiti, who claims his right to a speedy trial has been violated, said he wants a new advisory counsel. It’s unclear if appointing a new attorney to assist Mesiti will postpone his Feb. 6 capital murder trial.

Reeves scheduled a hearing Nov. 15 to ensure that Mesiti and Baker have resolved the transcript issue. The judge also scheduled a hearing Dec. 8, when they can discuss a juror questionnaire.

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A Stanislaus County death penalty case continues to inch toward a February trial for a father accused of killing his teenage daughter, but the defendant representing himself repeatedly says he is unable to proceed.

Mark Edward Mesiti returned to court Thursday afternoon, telling the judge he is not able to start a discussion about a jury questionnaire proposed by the prosecution. The questionnaire is needed to begin jury selection for the scheduled Feb. 6 capital murder trial.

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Superior Court Judge Dawna Reeves appeared frustrated over another failure by Mesiti to be prepared to move forward with the case. She told Mesiti and Baker that months have gone by since the court started asking for a review of the jury questionnaire.

Reeves told Mesiti that he has chosen to represent himself, and that he can’t put off the responsibilities on anyone else. “You are 100 percent responsible for your defense … for every task,” she said in court.

The judge asked the defendant whether there’s anything, so far, he’s read in the proposed questions that he has an opinion on. “My only opinion is that I don’t like them,” Mesiti answered.

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Mesiti, who is in custody without bail, has chosen to act as his own attorney. On Monday afternoon, Mesiti told the judge that conditions at the Stanislaus County jail are “horrific” and have prevented him from properly preparing his defense. He said he cannot be ready for trial Feb. 6.

“We’ve been working as fast as we can to work under the conditions at this jail,” Mesiti said, referring to himself and his legal defense team.

Chief Deputy District Attorney Annette Rees argued that Mesiti’s claims are the same issues he’s complained about many times before. The prosecutor said Mesiti has repeatedly delayed the case over the past five years, which has given him plenty of time to prepare for trial.

On Monday, Reeves said an evidentiary hearing is needed for Mesiti to present testimony and evidence that supports his motion to postpone the trial. Testimony from sheriff’s officials is expected in the Jan. 9 hearing.

But the judge urged Mesiti to continue preparing his defense for the Feb. 6 trial, which remains scheduled.

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A judge on Thursday will continue to hear testimony as she decides whether to postpone a capital murder trial for Mark Edward Mesiti, who is accused of sexually abusing and killing his teenage daughter.

Mark Mesiti is charged with murder and more than 40 counts of sexually abusing his daughter, as well as sexual abuse charges involving two other girls. Prosecutors are seeking the death penalty.

Mesiti, who has been in the Stanislaus County jail since June 2011, has chosen to act as his own attorney. He is asking the judge to postpone his Feb. 6 trial, claiming jail officials have not allowed him to properly prepare for the trial.

The defendant has told the judge that conditions at the jail are “horrific.” The defendant claims he has suffered intense pain in his hands from writing while shackled to chains. He also claims access to a phone has been limited, making it difficult to communicate with his legal team.

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