Murder Trial: Victims' Mother, Wife May Remain in Court After Testifying

Once the jury is picked, Yanette Posca will take the witness stand, sit some 20 feet from the man charged with killing her husband and 12-year-old daughter, and testify about the lives Marcos Costa is accused of ending.

Typically, after witnesses testifiy in criminal court cases, they leave the room, only to return if called on for additional testimony. But because Posca has been waiting for two years for Costa to be tried on charges of killing Angel, Posca's husband, and her daughter, Angelina--both of whom died instantly when Costa's 18-wheeler big rig plowed into their car on Angeles Crest Highway in April 2009--Yanette wanted to remain in the courtroom for the trial. 

On Tuesday, before the prospective jurors filed back into Department C in Pasadena, Costa's defense attorney Edward Murphy objected to Posca's sitting in the courtroom throughout the trial, for fear that an emotional reaction to evidence could distract the jury.

"[Yanette Posca] has suffered unspeakable grief. She is going to be reacting emotionally. The DA is going to offer two photos. ... I don't think I have to tell this court how grisly those photos are going to be.

"The jurors are going to be glancing at her, I'm going to be glancing at the jurors, the court is going to have to ensure she's not a distraction,'' and all of these potential distractions could infringe on Costa's right to a fair trial, Murphy argued.

Costa's court-appointed attorney went on to say he's concerned the prosecutor will use the "unspeakable grief'' of the case in arguing the defendant's guilt. Murphy pointed out to a jury-less room that grief is not a legal element to be considered. 

Los Angeles Superior Court Judge Darrell Mavis overruled Murphy's objection, stating that Yanette Posca, though a witness, was not a (principle) participant in the case and that she may attend the entire trial, he said.

Costa, 46, is charged with two counts of murder, vehicular manslaughter and felony reckless driving in connection with the April 1, 2009, wreck that killed the Palmdale residents. On that day, Costa's rig barreled down Angeles Crest Highway toward Foothill Boulevard in La Cañada and slammed into multiple vehicles before crashing into the old Flintridge Bookstore & Coffeehouse. The has since relocated up the block.

Costa, a native of Brazil, has been a pastor for 20 years and took up truck driving to earn extra money. In court, he is aided by a Portuguese translator. 

Originally charged with two counts of vehicular manslaughter and three counts of reckless driving from the fatal accident, Costa originally was released on bail and allowed to return home to Boston. But in June 2009, the grand jury indicted Costa for murder. He was re-arrested and spent 20 months at Men's Central Jail before posting bail in March.

A swirl of civil litigation surrounds the crash. Costa, himself--as well as a handful of people injured in the wreck--have filed suits against the , the California Department of Transportation, Los Angeles County and several other defendants.

By the end of Tuesday's court session, the judge finished his questioning of prospective jurors, and Murphy began his queries. The selection process resumes  Thursday at 11 a.m. There were no hearings Wednesday.