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Date: 05-12-2018

Case Style:

State of Alaska v. Mark Anthony De Simone

Juneau Alaska Courthoure

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:



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