Court to review request for explanation from Stanislaus County judge

The court will review a defense attorney’s request for a written explanation from a judge who removed himself from a death penalty case last month.

Martin Baker, one of Mark Edward Mesiti’s attorneys, wants Stanislaus Superior Court Judge John Freeland to say why he recused himself after six years of presiding over the murder case. Mesiti is accused of killing his 14-year-old daughter, Alycia Mesiti, whose body was found buried in a Ceres home’s backyard.

The case has now been assigned to Judge Dawna Reeves, who on Thursday afternoon explained that presiding Judge Marie Silveira will review the attorney’s request. Silveira will return from vacation later this month and resume a lengthy double-homicide trial.

Reeves said once Silveira is done presiding over the double-homicide trial, she will make it a priority to review Baker’s request and consider whether to respond. It’s not clear why Freeland removed himself from the case.

Baker’s filed formal request asks the court – specifically Freeland – to indicate the judge’s grounds for recusal. The defense attorney also is asking the court when Freeland realized when he could no longer preside over the case.

A minute order filed by Freeland on July 24 indicates that state Code of Civil Procedure allows recusal when the judge believes there is a substantial doubt as to his or her capacity to be impartial, or when a person aware of the facts might reasonably entertain a doubt that the judge would be able to be impartial.

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. The defendant has pleaded not guilty to the charges and denied all special circumstances allegations.

Authorities on March 25, 2009, discovered the girl’s body buried in the backyard of a Ceres home where Mesiti’s family lived when the girl disappeared in August 2006. He had already moved to Southern California when the girl’s remains were found.

Mesiti remains in custody awaiting trial, which has not been scheduled. The defendant will return to court Aug. 25, when Mesiti’s attorneys have a chance to challenge the evidence presented to a criminal grand jury behind closed doors.

This story was originally published August 6, 2015 at 5:26 PM with the headline "Court to review request for explanation from Stanislaus County judge."