Alycia Mesiti
November 8, 1991- August 16, 2006
Find A Grave Memorial

Before a decision was made on where two children would live permanently, they moved around for years while their parents worked on getting their lives straightened out, though they eventually divorced. Those two children would eventually go to live with their father in California, ordered by a judge. On August 14, 2006, one of those children would go missing and would not be found for almost four years, by then, it would be too late for her.

Mark Edward Mesiti, who was 41 years old at the time and who had a long criminal history was given custody of his two children after a court investigator said that her mother, Roberta Allen was an unfit mother who dealt with depression. The history of legal troubles goes back a long way with this couple and shows many filings of restraining orders and in 2005, the children ended up with their father. Alycia and her brother ended up living with a father who had been convicted of charges including bank fraud and drunk driving as well as domestic violence for which he attended anger management classed and was allowed to plead guilty to a lesser charge. When he
didn't attend drug and alcohol treatment, he was thrown in prison. Yeah, these two children belonged with him!
NOT!! Roberta said that she had been through years of legal battles with Mark and it was harder for her since he had a lawyer and she could not afford one.

During the nine months of time the two children spent living with their father before Alycia went missing, there were many complaints filed and police as well as Welfare workers were given repeated warnings that the children were in danger living with Mark. Jonnie Herring had reported her concerns and had put in a recommendation of allowing only supervised, temporary living arrangements with Mark and sited that Mark had ignored court orders to enroll the children in school and keep in touch with her:

"I am deeply concerned about both minors, especially Alycia"
Jonnie Herring - Court Appointed Attorney For The Children

That was the note that Jonnie Herring had written in her report to Santa Clara County Superior Judge, Vincent Chiarello. It was also reported that the children were hungry, faced abuse and were not allowed to contact their mother even though it was court ordered. Police would confirm that they had made visit to the home of these children and their father. The children had been moved around from home to home living with aunts and their grandparents and Jonnie was to be their voice in court. Mark and Roberta had both gone through counseling and psychological evaluations:

"There were a lot of issues with both parents. There was a lot of conduct by the mother in the
case where, in my opinion, the court had very little alternative"
Scott Sagaria - Lawyer For Mark

Apparently, Roberta had, at one time, attempted suicide and another time had hit her son. Roberta would admit that she felt depressed after years of persecution by Mark and at one point had even fled to Canada where she and the children lived in a battered women's shelter. Roberta was not able to give typed up reports to the judge and all of her notes were hand written, after a while she gave up and signed the custody order because she knew she could not raise her children without child support that Mark was ordered to make and never did. Roberta says that the court ignored all of the red flags that were right in front of them.

When Alycia disappeared, Mark told police that she had run away while they were camping and that she called him every once in a while. After her daughter disappeared, Roberta tried to tell police that her daughter had not run off and they just kept telling her that Alycia would come home, eventually they stopped taking Roberta's calls and for two and a half years, Roberta could nothing other than worry about her daughter.

A new detective on the case was able to get new interviews and though not a lot of details were given about the interviews, there was new information discovered and a warrant was issued to search the home where Mark had lived with his two children, though no one had lived there since two months after Alycia disappeared. What was discovered in the back yard broke the case and days later police were in Mark's home arresting him and his girlfriend on child endangerment charges since her 12 year old daughter was living with them and March 28,> police found evidence that the couple had a meth lab in the home. Those charges would be taken care of in the town of Ceres.

In the back yard of the home in Stanislaus County, the remains of Alycia were found by cadaver dogs and Mark was arrested on a 2 million dollar warrant to face charges of not only killing, but also molesting his daughter. Mark was charged with lewd and lascivious acts with a child under the age of 14, penetration by a foreign object and drugging this victim to render her helpless during his attack on her:

"Sending her to live with Mark was a death sentence. It was a travesty. Alycia never got to enjoy anything. My greatest hope is that this sheds light on the way they've done things in court and that they will make changes"
Roberta Fitzpatrick - Aunt of Alycia

Mark was facing life in prison and Stanilaus County Assistant District Attorney, Carol Shipley said that the Los Angeles case would come first and that they would get to prosecute Mark after it was over. Prosecutors would seek the death penalty against Mark for what he did to his daughter.

Timeline Of Alycia's Disappearance:

Nov. 22, 2005: Santa Clara County Superior Court places Alycia Mesiti-Allen with father, Mark Edward Mesiti.

Aug. 15, 2006:
Alycia, 14, goes missing; her father reports she ran away after leaving for a camping trip with friends and a pet Chihuahua.

January 2009:
Ceres police Sgt. James Robbins takes over the department's investigative unit and has detectives review their cases. As a result, Alycia"s family members are contacted again and new undisclosed information leads to a search warrant.

March 26, 2009:
After police obtain a search warrant, a body is unearthed outside the Ceres home where Alycia had been living with her father at the time she disappeared.

March 28, :
Mark Mesiti, 41, is arrested in Los Angeles along with his 39-year-old girlfriend on suspicion of running a Meth Amphetamine lab and endangering the girlfriend's 12-year-old daughter. Mesiti is being held on $500,000 bail.

March 31:
Authorities confirm that a body found in Ceres was that of Alycia Mesiti-Allen. Ceres police describe Mesiti as a suspect in his daughter's death, although he has not been arrested on those charges.

Obituary:

Alycia Mesiti- Allen

Nov. 8, 1991 - Aug. 2006

Precious Alycia, our spunky, smart, beautiful girl. On March 25, 2009, you were found and released from your backyard grave. We miss you so much. If our grief ever subsides, it will not be until there is justice in the criminal court and there are changes in the California Law which continues to endanger innocents like you, who are trapped in our Family Court System. By law (F.C. 3027) judges and court staff, may with complete immunity, turn their backs on abused children, as they did on you, and send them to live in danger. We continue to work and pray for justice for the torture and murder you suffered, and we pray that judicial officials and legislators will have the moral courage to do the right thing, in honor of you and other youngsters who have been sent into danger and murdered because of tragically flawed judicial decisions. Love, Mom and your grieving family.

Published in San Jose Mercury News/San Mateo County Times on March 25, 2012

UPDATE:

Today is June 12, 2014 and I have found the following information about Alycia's case:

In August of 2013 a Judge removed the Prosecutor who was in charged of the case, which is a death penalty case. It was reported that the ruling would be challenged. That same day it was announced that Mark Edward Mesiti was indicted on charges by the Grand Jury and would be arraigned in September. Deputy District Attorney Meghan Greerty said to the Judge that the removal of Annette Rees from the case was only an attempt to delay the trial:


"Mesiti has manufactured a story to get the prosecutor off the case"

Apparently, Mark was using the fact that his daughter had claimed to be molested by someone she called "Uncle Ulrich", a man who had worked for Mark at his computer business. This man was a registered sex offender, though he wasn't listed on the sex offender list. Annette was saying that she didn't remember if she had seen a detective questioning Alycia in August of 2005 about this man, but she said it would not be uncommon for a prosecutor to sit in on an interview and then not have any other involvement in a case adding that if she had been assigned to the case, she would have made notes about the interview.

In court that day, Mark said that Annette and Sheriff Detective Joe Mendoza had sat in another room watching while Alycia was being questioned. According to Mark, Alycia had told him that Gregory Joseph Ulrich had sexually exposed himself to her, shown her pornography and was trying to arrange a time when they could be together alone. Alycia had been afraid that people would not believe her if she told them, but she did keep one of his hand written notes to her.

Mark was supposedly told by Annette and Joe that there was not enough evidence to arrest and prosecute Gregory and that he really became upset when Annette allegedly told him that he was wasting her time. Adding to his claim for wanting her off of the case, Mark said that she also told him that it would have been better if Gregory had been able to perform more illicit acts on Alycia before she had told what was going on, Mark supposedly replied to her:


"So you're telling me I should've waiting until my daughter was molested so it would be
easier to prosecute"

Superior Judge John Freeland said that what Mark was saying didn't sound convincing, adding that there were discrepancies in what he said compared to what other witnesses had said. Judge Freeland said that the evidence indicates that everything was done in a timely manner to investigate and prosecute Gregory, though Mark had claimed that she had less than willing to move ahead with the case.

Another claim was that Annette and Joe wanted Alycia to participate in a sting operation, using her as bait to get Gregory to a park where he could be arrested. Joe said there was no way he would have even suggested anything of that nature especially since it goes against department policy to put a victim at risk.

Gregory was convicted of felony child molestation after pleading no contest. It seems the Gregory didn't spend much time in jail and Mark was now trying to say that Gregory was responsible for what happened to Alycia. A jury was going to have to decide who was telling the truth since Judge Freeland said that Annette's involvement in this case would give her an unfair advantage for the prosecution, siting that she would have a lot of time talking to the jury and since she was a professional, they might side with her.

I am unable to find anything else new about this case at this time.

Annette was removed from the case, but that decision was stayed until a ruling from an appeal.


Death Occurred in the state of California

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