Murder Trial for Truck Driver Set for June (Video)

Jury selection is slated to start June 20 in the murder trial of , a truck driving pastor whose runaway rig killed two people on Angeles Crest Highway and injured several others two years ago.

The most seriously injured of the victims from the April 1, 2009, accident is Alison Roybal, a chief witness for the prosecution, who’s getting ready to head overseas for a college class, Deputy District Attorney Carolina Lugo said in court Tuesday. Lugo asked Los Angeles Superior Court Judge Darrell Mavis to hold off starting the trial until June, rather than force Roybal to return before her class ends.

“This case has been pending for two years; I don’t feel it’s fair to have her fly back from England’’ and lose credit, Lugo said.

Costa is charged with two counts of murder, vehicular manslaughter and felony reckless driving in connection with the two-year-old accident.

The brakes on Costa's big rig failed, sending the truck careening down Angeles Crest Highway toward Foothill Boulevard and ramming into multiple vehicles before crashing into the old . The store has since relocated up the block.

The collision injured several people and killed Angel Posca and his 12-year-old daughter, Angelina, of Palmdale.

A grand jury indicted Costa for murder in June 2009, but L.A. Superior Court Judge Lisa Lench dismissed those charges, only to have them reinstated after an appellate court ruling. Costa spent nearly two years in Los Angeles County Jail, but was released on bail in March.

Outside the courtroom, Costa’s court-appointed private attorney, Edward Murphy, said the grand jury would indict a ham sandwich.

“The grand jury will do whatever the DA wants; everyone knows that,’’ said Murphy, who has repeatedly called the murder charges “outrageous’’ and has pointed out that in all his years defending murder suspects, he has never seen a case like this.

“I represent a lot of Crips and Bloods, in real murders, but this … . Well, I aim to fight very hard in this case,’’ he said.

Costa, a native of Brazil who speaks Portuguese and is aided by a Spanish translator in court, represented himself for several months. He still represents himself in a civil suit against the state of California, California Department of Transportation, the County of Los Angeles and the

Costa’s complaint alleges negligence and dangerous condition of public property--the same complaint made by several victims and victims' family members. He claims the various agencies failed to post adequate warning signs of the steep grades on Angeles Forest Highway, and they failed to maintain runaway truck ramps–both improved after Costa’s accident, a point the defendant made in court documents for his criminal case. Costa has called himself a “sacrificial lamb.’’

Criminal court documents show an off-duty firefighter flagged down Costa’s rig and warned him with brakes already smoking at the top of the Angeles Crest, it could be a rough descent into the bustling commercial area of Foothill Boulevard.

Costa, who was a passenger when the firefighter pulled the truck over, climbed into the driver’s seat and proceeded toward town, losing his brakes minutes later. 

In court Tuesday, Mavis forbade Costa, on request from the deputy district attorney, to drive any kind of vehicle until the trial concludes. Lugo and Murphy expect the trial to last three to four weeks, if testimony runs all day; partial days of testimony could drag the trial into five or six weeks. Murphy asked about relocating the case downtown, to the ninth floor of the Crimina Courts building, but Mavis is keeping the case in Pasadena's Department C.

Kristen Eddy, a longtime friend of the Posca family, said outside of court they appreciate that the legal system moves slowly, but the delays do become frustrating.

“Whatever it takes, though, for justice for Jorge [Angel] and Angelina,’’ she said.

Costa is due back in court June 13 for a status hearing.