Politics & Government
'Mini' Opening Statements to Precede Jury Selection in Murder Trial
In what officials called an unusual move, a Los Angeles Superior Court judge is allowing condensed opening remarks from the defense and prosecution before a jury is chosen.
Prospective jurors in the case of , a pastor-turned-truck driver charged with two counts of murder, may hear opening statements from the defense and prosecution before they're even empaneled.
Los Angeles Superior Court Judge Darrell Mavis said during a hearing Monday that each side may present "mini opening statements'' on Thursday, prior to the selection of the jurors and alternates - a process that typically occurs after the pool is narrowed to those who will hear the case.
Both Costa's court-appointed defense attorney Edward Murphy and Sandi Gibbons, the spokeswoman for the L.A. County District Attorney's Office, called the move "unusual.''
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"Usually this is not allowed,'' Murphy said of the mini statements, noting the aim, in part, is to incite the whole jury pool's interest, potentially reducing the number of people who try to opt out of serving.
Costa, 45, is charged with two counts of murder, vehicular manslaughter and felony reckless driving in connection with the Apr. 1, 2009 accident that killed Palmdale residents and his 12-year-old daughter, Angelina. On that day, Costa's rig barreled down Angeles Crest Highway toward Foothill Boulevard and slammed into multiple vehicles before crashing into the old Flintridge Bookstore & Coffeehouse. The has since relocated up the block.
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Costa, a native of Brazil who speaks Portuguese and is aided by a Spanish translator in court, has been a pastor for 20 years. He and his wife, Ester, live in Boston, but he has been staying in Orange County, volunteering at a church, since he was released on bail from L.A. County jail in March. Costa's wife, in town for the trial, has said Marcos became a truck driver to earn extra money.
It is up to defense and prosecution as to whether they will make preemptive opening statements Thursday, something Costa's veteran attorney said he hasn't seen in 100 trials. To him, it's a no brainer.
"I'm anxious to get started. I'm looking forward to showing the jury that Mr. Costa is not guilty of anything. This was a horrible accident,'' Murphy said.
The trial could last up to six weeks. Jury selection and mini opening statements are slated for 1:30 p.m. Thursday.
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