Defendant in Ceres death penalty case asks for new advisory counsel

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.

Mesiti, legally representing himself, is accused of killing his 14-year-old daughter, Alycia Mesiti. On March 25, 2009, the girl’s body was found buried in the backyard of the Ceres home where Mesiti lived at the time of her disappearance in August 2006.

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.”

Baker said this appears to be a lack of mutual understanding about who can retrieve these transcripts on behalf of Mesiti, who remains in custody at the county jail. He told the judge Mesiti has insisted on sending members of his “legal team” who are unknown to the attorney. Baker said Mesiti gave him one name of a person who has failed to pick up the transcripts.

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 sounded frustrated when Mesiti told her he wasn’t able to proceed with his motion. She asked him, “Why would you file a motion if you’re not ready to proceed?”

Mesiti claimed Baker has refused to provide him with court transcripts from hearings before Oct. 6, 2015. He told the judge he needs those transcripts to argue against a prosecution response to his motion to dismiss.

The motion to dismiss initially was scheduled Oct. 21. Mesiti showed up in court that day, saying he couldn’t make his argument because of jail sewage flooding near his cell. Sheriff’s officials later said plumbing problems were quickly fixed and the flooding was not near Mesiti’s jail cell.

On Monday, Mesiti reluctantly decided to withdraw his motion to dismiss. The judge ordered him to hand Baker a list of the court documents he needs and the name of the person who will retrieve the documents.

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.

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.

This story was originally published October 31, 2016 at 3:19 PM with the headline "Defendant in Ceres death penalty case asks for new advisory counsel."