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DA to gather additional pleadings in Costa case

October 01, 2009|By Seth Amitin

The murder trial against Marcos Barbosa Costa will be put off for at least another week as pretrial hearings continue for the truck driver involved in the April 1 crash in La Cañada Flintridge that resulted in two deaths and multiple injuries.

In a pretrial hearing on Wednesday, the judge determined the District Attorney’s office needed more time to gather “supplemental pleadings.”

The District Attorney’s office is not allowed to comment on the case, according to spokesperson Shiara Davila-Morales.

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The court will reconvene on Oct. 9 to discuss a motion to dismiss filed by Costa’s attorney, Steve Meister.

Costa, 44, was behind the wheel of a big rig vehicle transporter involved in the crash on Angeles Crest Highway and Foothill Boulevard that took the lives of Angel Posca, 58, and daughter Angelina Posca, 12.

“He has a lot of inner-strength,” Meister said Wednesday of Costa. “He’s withstanding his continued confinement despite my belief he did nothing wrong.”

On the evening of the crash, Costa drove his 18-wheel double-decker truck along State Route 2 from the Palmdale area and was traveling downhill on Angeles Crest Highway when the big rig’s brakes failed. Costa was unable to stop his vehicle as he approached the civic center, plowing into Posca’s sedan and several other cars and stopping only after crashing into Flintridge Bookstore.

Costa was immediately detained by law enforcement.

In May, a grand jury indicted Costa on two counts of murder, two counts of vehicular manslaughter and three felony counts of reckless driving causing specified injury.

Costa has been in jail since being indicted on two counts of murder. Costa’s bail was raised to $2.1 million from $200,000 after the indictment and then lowered to $600,000 in mid-July.

As a result of the crash, Caltrans put an immediate 90-day ban on all five-axle vehicles from using Angeles Crest Highway.

The transportation department also renovated decades-old gravel medians that had originally been designed to halt brakeless vehicles, but had been abandoned for that purpose at least 20 years ago.

The truck ban became permanent Aug. 6 as Assembly Bill 1361, introduced by state Assemblymember Anthony Portantino, was signed by Governor Arnold Schwarzenegger, officially making it illegal for any big rig or five-axle vehicle to travel on the ACH.

At least two big rigs have since been cited for driving on Angeles Crest Highway.


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