Murder Trial: Confusion for the Jurors, Torment for the Families

It only took one day to decide Marcos Costa was not guilty of murder, but for the less serious charges and accompanying allegations that could increase his sentence, jurors needed four more days. 

On Friday, the fifth day of deliberations, seat-edged suspense alternated with periods of juror confusion and courtroom downtime.

Family and friends of 12-year-old Angelina Posca and her father, Angel--who were killed Apr. 1, 2009, when Costa's 25-ton big rig barreled into their Ford sedan--filled two rows of seats in the Los Angeles Superior courtoom in Pasadena.

On one side sat a glut of note-scrawling reporters; on the other, Costa's wife, Ester, his pastor and fellow congregants from Assembly of God Church in Orange County. 

The jury acquitted Costa of second-degree murder but found him guilty of involuntary manslaughter, gross vehicular manslaughter and reckless driving.

To read by the and , and from the trial,

Staring down at the counsel table, the Brazilian-born Costa--a pastor of 20 years who took up truck driving to make extra money--rubbed his face as the Portuguese interpreter translated the verdict.

Behind him, , Angel's wife and Angelina's mom, rubbed her hands before clasping them with her sister and a pair of lifelong friends.

A False Alarm

A day earlier, at about the same afternoon time, court spectators expected the jury room's buzz, coupled with increased bailiff presence, to mean the 10-man, two-woman panel was ready to render a verdict.

They weren't.

Without revealing the decision, the jury told Mavis that they unanimously agreed on the murder counts, but that they were deadlocked on several other charges. They prepared multiple questions for Mavis, who ordered them back for 9:30 a.m. Friday.

Juror Confusion

Limited by the amount of assistance the court can provide, Mavis told the jurors Friday morning to continue deliberating.

Just before 10:30 a.m., the foreman told Mavis they needed clarification on terms such as "unlawful manner'' and ''great bodily injury.''

He advised jurors to switch up their deliberation methods, as the court could not define the legal terminology any further. The impasse continued to the noon lunch break.

Spectator chatter stopped when the jurors buzzed again at 2 p.m. But after the panel took its seat, Mavis spotted errors and a lack of at least one signature on the verdict forms. He sent the jury back into the deliberation room--still having not read the verdict, thereby heightening the tension in the courtroom, which had filled to standing room only.

The Verdict

Would it be another impasse like Thursday, or would they have a decision?

They had both.

With respect to "great bodily injury,'' jurors could not come to a consensus on two of the sentencing-enhancing allegations, so Mavis declared a mistrial for them. Deputy District Attorney Carolina Lugo did not know Friday if they will re-try Costa on those allegations.

Yanette Posca hugged her family, many who stifled tears, while looked straight ahead. Her friends, who held Bibles, leaned in to comfort her.

"Numb''

Outside the courtroom, displaying the T-shirt with Angelina's face that Posca kept on her lap throughout the four weeks of testimony, that her life stopped Apri. 1, 2009. And just two weeks prior to that day, Angelina had won her first dance competition.

Now she would never know what it's like to attend high school or go to prom or experience her first kiss, Posca said, emotion stalled in her throat.

About the verdict, Posca said she felt "numb.''

"I feel bad for [Costa's family], because two families are going to be tormented. This man, whatever punishment he’s going to be given, he's going to have to carry this for the rest of his life.''

What's Next?

For Costa, a sentencing hearing is scheduled Sept. 8. Lugo said he could receive anywhere from probation--which the defense attorney will argue for, and to which she will object--to nine years.

For Posca and the who survived the 2009 crash, civil litigation continues.

Posca and the victims against the state department of transportation and the city, alleging unsafe road conditions. It was only after Costa's truck lost its brakes, raced down the Crest and bulldozed through a bookstore that the state erected signs that forbid trucks over four-and-a-half tons (his was 25 tons).

It is now illegal for trucks like Costa's to traverse the mountainous Angeles Crest Highway.