Murder Trial: Jurors Won't See Death Photos, Judge Rules

Despite repeated attempts from the Deputy District Attorney, jurors in the truck driver's murder trial will not see the gory accident photos of the deceased, a judge ruled Wednesday. 

Los Angeles Superior Court Judge Darrell Mavis rejected prosecutor Carolina Lugo's requests to admit into evidence accident photos of 12-year-old victim Angelina Posca and her father, Angel, who died Apr. 1, 2009, after Marcos Costa's big rig careened out of control down Angeles Crest Highway.

The truck bulldozed through the Posca's car before striking other vehicles at Foothill Boulevard and eventually coming to rest inside the old .

Lugo's policy throughout the trial has been to decline to comment about the case.

Costa is charged with two counts of second-degree murder, felony reckless driving and vehicular manslaughter stemming from the accident in which the brakes went out on his 25-ton, 18-wheeler truck.

Although prosecution witnesses testified that 46-year-old Costa's brakes were smoking far north of the bustling La Cañada intersection, and Lugo pointed out Costa's truck never should have been on the narrow, mountainous road, defense attorney Edward Murphy has told the jury a lack of judgment is not murder. Murphy further told the 10-man, two-woman panel that Costa inspected his brakes before every trip and that the state did not prohibit trucks his size on Angeles Crest Highway until after the 2009 accident.

Trial Developments

Earlier this week, Mavis rejected the defense's request to allow testimony from a former La Cañada Girl Scout about a report she wrote on unsafe driving conditions along Angeles Forest and Angeles Crest highways. The report pre-dates Costa's accident, but was written after another truck crashed into the same intersection in 2008.

While Malia Mailes, 18, testified that there were no signs prohibiting 18-wheeler trucks back in January 2009, Mavis refused to allow Mailes to elaborate--leaving the jury, potentially, to wonder why the defense called a teenager to talk about the roads. Murphy admitted being disappointed by the ruling, but did not consider it a blow to his client's case.

In another potential setback to the defense, the judge said he does not find former accidents at Angeles Crest Highway and Foothill Boulevard to be relevant and may not allow testimony on those crashes. Mavis is epxected to rule on the matter before Murphy begins calling defense witnesses.

On Thursday, Murphy intends to argue that murder charges should be dismissed against Costa. Since the court-appointed lawyer took Costa's case earlier this year, he has maintained that while the loss of lives is horrific, it does not equate to murder of any degree.