No action yet on D.A.’s appeal of Costa charges

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From the La Cañada Valley Sun

A pending appellate court decision might delay the trial of the driver involved in the April 1 runaway big rig crash that killed two people in La Cañada Flintridge, according to a spokesperson with the Los Angeles County district attorney’s office.

On Nov. 17 the district attorney filed an appeal seeking to reinstate murder charges against driver Marcos Barbosa Costa that had been dismissed Oct. 9 by Los Angeles County Superior Court Judge Lisa B. Lench.

Costa still faces two counts of vehicular manslaughter with gross negligence, for the deaths of Angel Posca and his daughter, Angelina. He is also charged with three counts of reckless driving, causing injury to three victims. Two of the victims sustained concussions while the third suffered a bone fracture. Costa’s trial on those counts is expected to get underway by Dec. 9.

As of Nov. 20 there was no word as to whether or not the appellate court will agree to hear the case, said Jane Robison, a spokeswoman for the district attorney’s office. If the appeal is heard, that may push back the starting date of Costa’s trial.

“This case is procedurally complicated,” said Costa’s attorney Steve Meister. “The appeal may still go through between now and when the trial starts. It may even go through during the trial.”

For more of this story read here

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Written by Seth Amitin

November 20, 2009 at 4:11 pm

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