Judge hearing testimony before decision on delaying Mesiti capital murder trial

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.

On March 25, 2009, the body of 14-year-old Alycia Mesiti was found buried in the backyard of the Ceres home where her father lived at the time of her disappearance in August 2006.

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.

‘Roll-around’ phone

Testimony in an evidentiary hearing began Monday with Stanislaus County sheriff’s officials on the witness stand. Sgt. Chad Blake, a supervisor at the jail, said Mesiti was held in a jail cell that didn’t have access to a “roll-around” phone from March 15 through May 17.

The “roll-around” phone is a pay phone attached to a cart that can be moved to cell doors, where inmates can use the phone from inside their cells. Blake said Mesiti was moved to a cell that had access to a “roll-around” phone on May 17. He was moved to a nearby cell on Sept. 2 that also has access to the pay phone.

Blake testified that inmates can request a writing service, like a table. But he said desks are not allowed in the cells, and inmates must remain shackled anytime they are out of their cells.

Inmates are allowed to use legal pads without the cardboard backing that provides a firm writing surface, due to security risks. Blake told the judge inmates are very creative, and they can use cardboard to make a weapon. He said inmates have used other paper products to make weapons.

“Anything can be fashioned into a weapon,” Blake said in court.

Jail flooding

Testimony on Monday also focused on an Oct. 21 incident at the downtown Modesto jail. Mesiti told the judge he couldn’t proceed with a hearing that day because there was sewage flooding at the jail and that he had to return to his cell and move his court documents to prevent them from being damaged.

Mesiti has thousands of pages of documents related to his case in his cell. Inmates typically store their paperwork in paper grocery bags in their cells.

Deputy Steve Madru works at the jail where Mesiti is housed. He testified that Mesiti placed his paperwork on his bed before he went to court that afternoon. Madru said Mesiti’s cell was not flooded, but possibly a small amount of water got in his cell.

Deputy Ishmael Alvarez works as the custodian of records at the jail. He testified that Mesiti has submitted five grievances with jail officials, and each one was responded to in some manner. He said Mesiti has never formally complained of pain to jail officials or medical staff at the jail.

Jail calls

Each inmate has a personal identification number used to make calls out of the jail. Michael Hermosa, a District Attorney’s Office investigator, examined Mesiti’s phone calls from the jail.

Hermosa testified that 95 calls were made with Mesiti’s PIN from March 7 to May 18, when Mesiti was housed in the cell without access to the “roll-around” phone. But only 10 of those calls were actually made by Mesiti. Hermosa said he listened to the first part of the calls and could recognize Mesiti’s voice from law enforcement interviews.

He told the judge that Mesiti made another call during the period using another inmate’s PIN. Inmates frequently make calls from the jail using other inmates’ PINs, Hermosa said.

The evidentiary hearing continues with testimony Thursday. At the conclusion of the hearing, Stanislaus Superior Court Judge Dawna Reeves will decide whether to postpone Mesiti’s trial.

This story was originally published January 10, 2017 at 8:25 PM with the headline "Judge hearing testimony before decision on delaying Mesiti capital murder trial."