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State of Alaska v. Mark Anthony De Simone

Date: 05-12-2018

Case Number: 1JU-16-00485CR

Judge: Philip M. Pallenberg

Court: District Court, Juneau Alaska

Plaintiff's Attorney: Amy Paige

Defendant's Attorney: Deborah Macaulay

Description:
Juneau, AK - The State of Alaska charged Mark Anthony De Simone with first-degree murder for killing Duilio Antonio "Tony" Rosales at a remote fishing cabin on a hunting and fishing trip in 2016.



It was not disputed by Desimone shot Rosales, but he claimed it was an accident.



Docket Entries:



05/16/2016 Initial Charging Document Initial Charging Document Filed

05/17/2016 Media Coverage / Application and Approval Media Coverage / Application and Approval

05/17/2016 Temporary Order Temporary Order

05/17/2016 Media Coverage / Application and Approval Media Coverage / Application and Approval

05/17/2016 Attorney Information Attorney Information

Attorney Public Defender Agency (1JU) representing Defendant De Simone, Mark Anthony as of 05/17/2016

05/18/2016 Attorney Information Attorney Information

Attorney Ayer, Timothy representing Defendant De Simone, Mark Anthony as of 05/18/2016

05/20/2016 Peremptory Disqualification by Plaintiff/Petitioner Notice of Peremptory Challenge

Attorney: Paige, Amy W (0811099)

State of Alaska (Prosecution);

05/23/2016 Transcript Office Use Only **Transcript Office Use Only**

Grand Jury Transcript Request - Original Request on file in the Anchorage Transcript Office.

05/23/2016 Temporary Order Temporary Order

06/02/2016 Transcript Office Use Only **Transcript Office Use Only**

Grand Jury Transcript Received - Original on file in the Anchorage Transcript Office.

06/30/2016 Notice of Hearing Notice Rescheduling Hearing

06/30/2016 Notice of Hearing Corrected Notice Rescheduling Hearing

07/15/2016 Temporary Order Temporary Order

07/15/2016 Order for Omnibus Hearing, Pretrial Discovery, Assignment of Judge and Trial Date Order for Omnibus Hearing, Pretrial Discovery, Assignment of Judge and Trial Date

07/21/2016 Notice of Expert Witness/Testimony Notice of Experts

08/15/2016 Temporary Order Temporary Order

08/30/2016 Uncategorized Motion or Request Motion to Dismiss Counts I and II, (proposed) Order Dismissing Counts I and II

Attorney: Ayer, Timothy (1011101)

Mark Anthony De Simone (Defendant);

Filing Party: De Simone, Mark Anthony

Case Motion #1

09/27/2016 Opposition to Motion Opposition to Motion to Dismiss Indictment

Attorney: Paige, Amy W (0811099)

Mark Anthony De Simone (Defendant);

Case Motion #1: Motion to Dismiss Counts I and II, (proposed) Order Dismissing Counts I and II

09/29/2016 Grand Jury Transcript - CONFIDENTIAL DOCUMENT Grand Jury Transcript Filed - CONFIDENTIAL DOCUMENT

Access to confidential documents limited to (1) Parties to Action, (2) Counsel of Record, and (3) Court Personnel. Administrative Bulletin No. 48, Standard 7

10/13/2016 Reply Reply to Opposition to Mr. De Simone's Motion to Dismiss Indictment

Attorney: Ayer, Timothy (1011101)

Case Motion #1: Motion to Dismiss Counts I and II, (proposed) Order Dismissing Counts I and II

10/17/2016 Notice of Expert Witness/Testimony Notice of Experts

11/10/2016 Temporary Order Temporary Order

11/23/2016 Order Denying Motion Order Denying Motion

Case Motion #1

Motion to Dismiss Counts I and II, (proposed) Order Dismissing Counts I and II

12/01/2016 Motion to Compel Discovery Motion to Compel Discovery; Affidavit in Support of Motion to Compel; (proposed) Order Granting Motion to Compel

Attorney: Ayer, Timothy (1011101)

Filing Party: De Simone, Mark Anthony

Case Motion #2

12/12/2016 Opposition to Motion Opposition to Defendant's Motion to Compel, (proposed) Order Denying Motion to Compel

Attorney: Paige, Amy W (0811099)

State of Alaska (Prosecution);

Case Motion #2: Motion to Compel Discovery; Affidavit in Support of Motion to Compel; (proposed) Order Granting Motion to Compel

12/23/2016 Reply Reply to Opposition to Motion to Compel

Case Motion #2: Motion to Compel Discovery; Affidavit in Support of Motion to Compel; (proposed) Order Granting Motion to Compel

01/12/2017 Temporary Order Temporary Order

01/17/2017 Notice of: Notice of Experts

Attorney: Paige, Amy W (0811099)

State of Alaska (Prosecution);

02/23/2017 Order Granting Motion in Part Order Granting Motion in Part

Case Motion #2

Motion to Compel Discovery; Affidavit in Support of Motion to Compel

03/08/2017 Uncategorized Motion or Request Motion to Reconsider Denial of Motion to COmpel Trooper Anderson's Training Records, (Proposed) Order Granting Reconsideration of Defendant's Motion to Compel

Attorney: Ayer, Timothy (1011101)

Filing Party:

Filing Party: De Simone, Mark Anthony

Case Motion #3

03/14/2017 Order Denying Motion Order Denying Motion

Case Motion #3

Motion to Reconsider Denial of Motion to COmpel Trooper Anderson's Training Records

03/15/2017 Notice of Expert Witness/Testimony Notice of Expert: Sara Graziano

Attorney: Paige, Amy W (0811099)

State of Alaska (Prosecution);

03/15/2017 Notice of Expert Witness/Testimony Notice of Expert: Carly Wiehe

Attorney: Paige, Amy W (0811099)

State of Alaska (Prosecution);

03/15/2017 Notice of Expert Witness/Testimony Notice of Expert: Debra Gillis

Attorney: Paige, Amy W (0811099)

State of Alaska (Prosecution);

05/01/2017 Notice of Hearing Notice Rescheduling Hearing

05/04/2017 Temporary Order Temporary Order

06/30/2017 Attorney Information Attorney Information

Attorney Ayer, Timothy dismissed/withdrawn for Defendant De Simone, Mark Anthony on 06/30/2017

07/31/2017 Temporary Order Temporary Order

08/01/2017 Temporary Order Temporary Order

08/02/2017 Attorney Information Attorney Information

Attorney Macaulay, Deborah representing Defendant De Simone, Mark Anthony as of 08/02/2017

08/02/2017 Attorney Information Attorney Information

Attorney Public Defender Agency (1JU) dismissed/withdrawn for Defendant De Simone, Mark Anthony on 08/02/2017

08/07/2017 Temporary Order Temporary Order

08/14/2017 Temporary Order Temporary Order

11/22/2017 Notice of Expert Witness/Testimony Notice of Expert - Todd C. Grey M.D.

Attorney: Macaulay, Deborah (1011107)

Mark Anthony De Simone (Defendant);

11/30/2017 Notice of Expert Witness/Testimony Notice of Expert - Lt. Chad Goeden

Attorney: Macaulay, Deborah (1011107)

Mark Anthony De Simone (Defendant);

11/30/2017 Notice of Expert Witness/Testimony Notice of Expert - Roger M Enoka Ph. D.

Attorney: Macaulay, Deborah (1011107)

Mark Anthony De Simone (Defendant);

12/04/2017 Notice of: Notice of Filing

12/07/2017 Motion to Compel Motion to Compel Information Pursuant to Criminal Rule 16(C)(6); (proposed) Order Granting State's Motion to Compel

Attorney: Paige, Amy W (0811099)

Filing Party: State of Alaska

Case Motion #4

12/12/2017 Motion to Compel Motion to Compel Under Alaska Criminal Rule 16(C)(4) and Motion to Preclude Testimony; (Proposed) Order Granting State's Motion to Compel Under Alaska Criminal Rule 16(C)(4) and Motion to Preclude Testimony

Attorney: Paige, Amy W (0811099)

Filing Party: State of Alaska

Case Motion #5

12/13/2017 Proposed Jury Instructions Proposed Jury Instructions (lpwk)

Attorney: Paige, Amy W (0811099)

12/14/2017 Plaintiff's Witness List State's Witness List (lpwk)

12/14/2017 Opposition to Motion Partial Opposition to State's Motion to Compel and Motion to Preclude Testimony; (Proposed) Order on Motion to Compel and to Preclude Testimony (lpwk)

Attorney: Macaulay, Deborah (1011107)

Case Motion #5: Motion to Compel Under Alaska Criminal Rule 16(C)(4) and Motion to Preclude Testimony; (Proposed) Order Granting State's Motion to Compel Under Alaska Criminal Rule 16(C)(4) and Motion to Preclude Testimony

12/18/2017 Witness List State's Witness List (lpwk)

12/18/2017 Notice of: Notice of Filing; Attachments

12/18/2017 Temporary Order Temporary Order

12/18/2017 Temporary Order Temporary Order

12/18/2017 Supplemental Filing (no motion link) Supplementary Report

12/19/2017 Reply Reply to Defendant's Opposition to State's Motion to Compel and Preclude the Testimony of Roger Enoka

Attorney: Paige, Amy W (0811099)

Case Motion #5: Motion to Compel Under Alaska Criminal Rule 16(C)(4) and Motion to Preclude Testimony; (Proposed) Order Granting State's Motion to Compel Under Alaska Criminal Rule 16(C)(4) and Motion to Preclude Testimony

12/26/2017 Order Denying Motion on Record Order Denying Motion on Record

Case Motion #5

Motion to Compel Under Alaska Criminal Rule 16(C)(4) and Motion to Preclude Testimony

12/26/2017 Temporary Order Temporary Order

12/27/2017 Motion to Quash Expedited Motion to Quash Subpoena Directed to Department of Public Safety Academy Commander Chad Goeden; (proposed) Order Quashing Subpoena (lpwk)

Attorney: Novak, John J (8511184)

Filing Party: Department of Public Safety

Case Motion #6

12/27/2017 Motion for Expedited Consideration of: Motion for Expedited Consideration; (proposed) Order Granting Expedited Consideration (lwpk)

Attorney: Novak, John J (8511184)

Filing Party: Department of Public Safety

Case Motion #7

12/27/2017 Motion to Set Hearing/Trial Request for Status Hearing; (Proposed) Order on Request for Status Hearing (lpwk)

Attorney: Macaulay, Deborah (1011107)

Filing Party: De Simone, Mark Anthony

Case Motion #8

12/27/2017 Order Granting Motion Order Granting Motion

Case Motion #7

Motion for Expedited Consideration

12/27/2017 Order Granting Motion Order Granting Motion

Case Motion #8

Request for Status Hearing

12/27/2017 Motion to Set Hearing/Trial Request for Status Hearing; (proposed) Order on Request for Status Hearing

Attorney: Macaulay, Deborah (1011107)

Filing Party: De Simone, Mark Anthony

Case Motion #10

12/28/2017 Media Coverage / Application and Approval Media Coverage / Application and Approval

12/28/2017 Motion for Expedited Consideration of: Expedited Motion to Compel Defense Expert Materials and to Preclude Defense Expert Testimony and Request for Hearing on Friday, December 28, 2017; (Proposed) Order Granting State's Motion to Compel and Preclude and Setting a Hearing (lpwk)

Attorney: Paige, Amy W (0811099)

Filing Party: State of Alaska

Case Motion #9

12/28/2017 Order Granting Motion Order Granting Motion

Case Motion #9

Expedited Motion to Compel Defense Expert Materials and to Preclude Defense Expert Testimony and Request for Hearing on Friday, December 28, 2017

12/28/2017 Order Granting Motion Order Granting Motion

Case Motion #10

Request for Status Hearing

12/29/2017 Motion Deemed Moot Motion Deemed Moot

Case Motion #4

Motion to Compel Information Pursuant to Criminal Rule 16(C)(6)

12/29/2017 Temporary Order Temporary Order

03/07/2018 Uncategorized Motion or Request Request for Hearing

Attorney: Macaulay, Deborah (1011107)

Filing Party: De Simone, Mark Anthony

Case Motion #11

03/08/2018 Order Granting Motion Order Granting Motion

Case Motion #11

Request for Hearing

03/13/2018 Motion Deemed Moot Motion Deemed Moot

Case Motion #6

Expedited Motion to Quash Subpoena Directed to Department of Public Safety Academy Commander Chad Goeden

03/22/2018 Notice of: Notice of Expert

03/29/2018 Temporary Order Temporary Order

04/03/2018 Uncategorized Motion or Request Request for Order Permitting Defense to Bring Firearms

into the Courtroom

With Proposed Order

Attorney: Macaulay, Deborah (1011107)

Filing Party: De Simone, Mark Anthony

Case Motion #12

04/05/2018 Motion in Limine Motion in Limine

With Proposed Order

Attorney: Macaulay, Deborah (1011107)

Filing Party: De Simone, Mark Anthony

Case Motion #13

04/16/2018 Temporary Order Temporary Order

04/16/2018 Media Coverage / Application and Approval Media Coverage / Application and Approval - Associated Press

04/16/2018 Opposition to Motion Opposition to Motion in Limine to Preclude Blood Splatter

Testimony and teh Testimony of Maria Gonzales

with Proposed Order

Attorney: Paige, Amy W (0811099)

Case Motion #13: Motion in Limine

04/17/2018 Response/Reply to: State's Response to Motion in Limine Regarding Evidence,

Testimony Regarding Stippling, and Jury View

Attorney: Paige, Amy W (0811099)

Case Motion #13: Motion in Limine

04/18/2018 Media Coverage / Application and Approval Media Coverage / Application and Approval - KTOO

04/19/2018 Temporary Order Temporary Order

04/19/2018 Order Granting Motion in Part Order Granting Motion in Part

Case Motion #13

Motion in Limine

04/20/2018 Media Coverage / Application and Approval Media Coverage / Application and Approval

Juneau Empire

04/23/2018 Opposition to (no motion link) Opposition to Motion to Suppress Newly Discovered Information

Attorney: Paige, Amy W (0811099)

04/23/2018 Order (no motion link) Order for Hearing on Court Clothes

04/23/2018 Media Coverage / Application and Approval Media Coverage / Application and Approval - Associated Press

05/07/2018 Uncategorized Motion or Request Motion to Preclude Dr. Todd Grey from Testifying to any Conclusions Regarding

Crime Scene Reconstruction or the Mechanism of the Use of the Firearm in This Matter.

Attorney: Paige, Amy W (0811099)

Filing Party: State of Alaska

Case Motion #14

05/07/2018 Order Granting Motion Order Granting Motion

Case Motion #14

Motion to Preclude Dr. Todd Grey from Testifying to any Conclusions Regarding

05/07/2018 Order Denying Motion on Record Order Denying Motion on Record

Case Motion #14

Motion to Preclude Dr. Todd Grey from Testifying to any Conclusions Regarding

05/08/2018 Media Coverage / Application and Approval Media Coverage / Application and Approval

KINY

05/09/2018 Opposition to (no motion link) Opposition to Defendant's Proposed Transitional Instruction

Attorney: Paige, Amy W (0811099)

05/09/2018 Attorney Information Attorney Information

Attorney Novak, John J dismissed/withdrawn for Non-Party Participant Department of Public Safety on 05/09/2018

05/10/2018 Note from Jury Note from Jury

05/10/2018 Note from Jury Note from Jury

05/11/2018 Note from Jury Note from Jury

05/11/2018 Order for Presentence Report Order for Presentence Report



Outcome:
Guilty
Plaintiff's Experts:
Defendant's Experts:
Comments:

About This Case

What was the outcome of State of Alaska v. Mark Anthony De Simone?

The outcome was: Guilty

Which court heard State of Alaska v. Mark Anthony De Simone?

This case was heard in District Court, Juneau Alaska, AK. The presiding judge was Philip M. Pallenberg.

Who were the attorneys in State of Alaska v. Mark Anthony De Simone?

Plaintiff's attorney: Amy Paige. Defendant's attorney: Deborah Macaulay.

When was State of Alaska v. Mark Anthony De Simone decided?

This case was decided on May 12, 2018.