People v. Mesiti CA5

INTRODUCTION

Respondent Mark Edward Mesiti has been charged with murdering his 14-year-old daughter, Alycia Mesiti, during a sexual assault that occurred on or about August 16, 2006.1 This People’s appeal follows grant of Mesiti’s motion to recuse the lead prosecutor in the case, Stanislaus County Deputy District Attorney Annette Rees.2 Having carefully examined the record, we conclude that the trial court’s ruling cannot be upheld as a reasonable decision correctly applying the applicable legal standard. The order granting the recusal motion will be reversed.

FACTS

A. Prosecution of Gregory Ulrich for lewd conduct involving Alycia. During 2005, Mesiti owned a computer-related business and Ulrich worked for him. The business was operated inside a modular home where Mesiti and Alycia resided. Ulrich had previously been convicted of violating Penal Code3 section 647.6 and was required to register pursuant to section 290.

Ceres Police Detective Keith Griebel declared in an affidavit supporting the People’s request for an order setting bail in excess of scheduled amount that Alycia was reported as a runaway on August 15, 2006. Two and a half years later, her body was…