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Two Families, Two Kinds of Torment

As accused murderer Marcos Costa refuses counsel again, both the truck driver's wife and family members of the victims sat one row apart with a wall of anguish between them.

 

When Ester Costa thinks of her husband in an orange jailhouse jump suit, facing trial on two counts of murder, the Brazilian native shudders.

When the 41-year-old wife of truck driver Marcos Costa thinks about the family of the victims who died in that April 1, 2009 crash, she is remorseful – but resolute.

“He is not a criminal. He is a good man,’’ Ester Costa told Patch in an interview Monday, which was translated from Portuguese by native Brazilian speaker Maria Prata of Altadena.

On Tuesday, both Ester and Yanette Posca whose husband, Angel and 12-year-old daughter, Angelina, died when Marcos’  big rig careened down Angeles Crest into their car on Foothill Boulevard, sat one row apart in Los Angeles Superior Court in Pasadena. Though they never spoke, the two women gasped for different reasons.

For the third time in court, Marcos refused to accept legal representation. Judge Darrell Mavis on Tuesday, and before him L.A. Superior Court Judge Lisa Lench, asked Marcos if he wanted to continue defending himself. The Brazilian-born Marcos lacks a legal degree or fluency in the English language, and multiple times, as well as on Tuesday, has requested documents that Deputy District Attorney Carolina Lugo has pointed out he already possesses.

“One of the disadvantages of representing yourself on a case of this complexity is  sorting out…what is proper and improper to subpoena,’’ Mavis said.

“The court appreciates the difficulties you’re having, but the reality is when you decide to represent yourself, you have to undertake what an attorney would do in your situation,’’ he added.

Marcos and his previous attorney split in October. The pastor-turned-truck driver accused his then-counsel of “sabotage,’’ and later described himself in court documents as a “sacrificial lamb.'' He has requested the court dismiss his case for selective prosecution. If the 45-year-old Boston resident is convicted of murder, the government could be relived of civil liability in the multiple wrongful death lawsuits filed by victims’ survivors, court documents say. 

Members of the Posca family have declined to speak publicly until the case is resolved in the court system, according to the Poscas’ spokeswoman, Kristen Eddy.

In April 2010, a year after the accident, the City of La Cañada Flintridge dedicated a plaque to Angel and Angelina Posca at Glenola Park. At the site remain partially-burned candles and a letter penned by Yanette and Angel’s son, Ito.

The laminated pages are tethered to the ground and read, in part, “I catch myself crying when I’m driving alone quite a bit. Still doesn’t seem real. One thing I hope is that you and Angelina didn’t see it coming. You deserve so much more. Someone took your lives, that was no accident on his part. He was careless and stupid.’’

Ito Posca may have referenced Marcos' smoking brakes and a warning by an off-duty firefighter, who waved the rig to the side of Angeles Forest Highway, well before it descends into La Cañada. He warned that the grade was too steep and suggested Marcos take another route.

“It’s a nightmare,’’ Ester said, adding she had wanted to speak to Yanette Posca, but face to face on Tuesday, couldn't bring herself to do it. 

Marcos’ wife of 21 years, Ester flew from Boston to Los Angeles to see her husband this week for the first time in six months. She plans to plead with him during a jailhouse visit Friday to accept legal counsel.

To Ester, Marcos is the love of her life, who she met in church in Brazil when they were teen-agers. He's the man who adores her and likes to cook. And now he's the man charged with two counts of murder.

“My husband is a nice person. He had no intention to come here and kill those people. It just happened. It’s very unfortunate,’’ Ester said. 

Costa will return to court Feb. 4 for another pre-trial hearing. 

If you were Ester Costa or Yanette Posca, could you speak to the other? Tell us in the comments.

Muffy Marracco

5:34 pm on Wednesday, January 26, 2011

This is a heartbreaking story from either perspective. Life is full of tragedy.

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Donna Evans

6:06 pm on Wednesday, January 26, 2011

Muffy, thank you so much for taking the time to comment! Journalists, are supposed to report the facts and convey the sentiment. On this story, it appears to be pain in every direction.

John Wagoner

7:51 pm on Wednesday, January 26, 2011

Donna: I'm glad somone has remembered that there are humans behind every story of this nature and that lives on both sides of the legal case are forever damaged. Thank you for putting a humanistic face on this terribly story of tragedy--tragedy for all involved.

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Jacqueline Fox

8:06 pm on Wednesday, January 26, 2011

I agree with John. Between the video interview with Costa's wife and your story on the two wives' appearance in court, you've really reminded all of us how important community news is, and how great community news can be, when done well, and in this case you exceeded the standard, I beleive. Great job!

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Laura

1:42 pm on Thursday, January 27, 2011

Costa's actions that day affected so many individuals and families, especially these two women. In their shoes, I don't know what I would do. I hope I would be courageous enough to speak to the other but I don't know if I would be able.

Thanks Donna for getting me thinking!

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Donna Evans

11:16 am on Monday, January 31, 2011

Laura, thank you so much for taking the time to comment! I'm glad the article stoked your thoughts in that way. Please keep reading, as I'll keep covering the story!

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