Crime & Safety

Truck Driver's Murder Trial Opens with Attorneys' Brief Statements

Addressing a pool of 80 prospective jurors, who filled every seat in Judge Darrell Mavis' courtroom, attorneys summarized their positions in a statement--though the prosecutor had not intended to speak.

In a congenial and patient manner perhaps expected more from an educator than a jurist, Los Angeles Superior Court Judge Darrell Mavis asked the jury pool packed into his courtroom Monday if--not having heard a stitch of evidence--the defendant sitting before them was guilty or innocent.

A few people looked at defendant Marcos Costa, charged with two counts of murder, vehicular manslaughter and felony reckless driving, and said, "Guilty.'' Several replied that they were "neutral.'' Another prospective juror, a prosecutor by profession, pointed out all defendants are innocent until proven guilty, beyond a reasonable doubt.

Still, one prospective juror raised her hand and said that she believes the defendant guilty because she knows the Angeles Crest Highway very well and he never should have had such a large truck on such a narrow road.

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Thus began jury selection in the trial of 46-year-old Costa, a Massachusetts pastor who become a truck driver to earn extra money. But on Apr. 1, 2009, on his second-ever route, the brakes on his 18-wheeler gave way and barreled uncontrolably down Angeles Crest Highway in La Cañada, ramming into Palmdale resident Angel Posca and his 12-year-old daughter, Angelina--killing them instantly--and coming to rest on the inside of the old Flintridge Bookstore & Coffeehouse.

Likening it to a preview of coming attractions, Mavis allowed the prosecution and defense each to make a brief statement summing up their cases. This unusual move helps ferret out the hardship cases, as the trial could last up to six weeks, and to incite interest in the case by previewing evidence.

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But when Mavis asked Deputy District Attorney Carolina Lugo and court-appointed defense attorney Edward Murphy if they were ready to make their opening remarks, Lugo objected. She said she was prepared, but that her boss had directed her to submit a statement to the court and have the judge read the statement. Mavis forged on with his original plan, as decided at the June 13 hearing, to have each attorney make a brief statement.

Standing behind a podium facing the jury pool, Lugo made these points:

  • Costa and his co-driver Jose Soares ignored signs at Pearblossom and Angeles Forest highways that forbade rigs with more than 3 axles from ascending the mountain.
  • A witness followed Costa's rig for three miles up the mountain, smelling and seeing smoke emitting from the brakes.
  • The witness suggested the defendant take another route.
  • The defendant lost his brakes on Angeles Crest Highway, smashed into the Posca's car and killed them before crashing into the bookstore.

Walking Back and forth in front of the prospective jurors, Murphy said:

  • Costa is an ordained minister with no evidence of ever having committed a crime.
  • A month before the accident Costa inspected the 18-wheeler that he purchased in Georgia, where he planned to relocate with his wife.
  • Costa took the route through the Angeles National Forest that his GPS system suggested was the best way to get to his next destination: Anaheim.
  • When the brakes failed, Costa did everything he could, but could not stop it and the "horrible'' tragedy occurred.

Having exceeded his five-minute statement time, as Lugo pointed out, Murphy ended by telling the prospective jurors, "The charges are murder and manslaughter and when I'm finished ... [you'll find him] not guilty of every single one of these charges.''

Jury selection continues Tuesday at 1:30 p.m.


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