Murder Trial: Lack of Judgment Not a Charge, Attorney Says

Wrapping up what should be the last full day of jury selection, the attorney for murder defendant Marcos Costa stressed to the prospective pool that his client is not charged with a lack of judgment.

Edward Murphy stood at a podium in L.A. Superior Court Judge Darrell Mavis' courtroom and told the could-be jurors that Costa, 46, is charged with two counts of murder, felony reckless driving and vehicular manslaughter stemming from a horrific accident that resulted in "a nightmare of injuries and collisions.''

What will be pointed out in the lengthier opening statements, expected to begin Friday afternoon, is that Costa was driving a big rig down Angeles Crest Highway on Apr. 1, 2009. His rig lost its brakes, fatally smashed into Palmdale resident Angel Posca and his 12-year-old daughter, Angelina, rammed several other vehicles at Foothill Boulevard and came to rest inside the old Flintridge Bookstore & Coffeehouse. The has since relocated up the block.

As jury selection continued Thursday, Murphy and Deputy District Attorney Carolina Lugo spent the day weeding out folks who, for example, worked in the media, had family killed in truck accidents, admitted they did not believe they could be impartial or whose medical ailments would keep them from focusing. The attorneys use these preemptory challenges to try to build a jury each one thinks will rule favorably for his or her side. 

Lugo pointed out that sympathy  - either for the defense or the victims - is not a reason to rule for or against Costa, who is aided in court by a Portuguese translator.  She further explained the difference between circumstantial evidence and direct evidence -- it's circumstantial that it's raining outside if a witness takes the stand soaking wet. It's direct if the witness testifies that it's raining outside.

Although Costa is an ordained minister of 20 years, Mavis, outside the jury's audibility, asked the defense attorney to cease referring to his client as "the Rev. Costa.''  Mr. Costa or "my client,'' is preferable, Mavis pointed out. Murphy was appointed by the court to represent Costa, a Brazilian native who speaks little English and represented himself for several months in the fall of 2010. He bonded out of jail in March.

Jury selection resumes at 10:30 a.m. Friday.