{"article":{"id":204471,"heading":"The Daily Pilot","author":"Civil Liberties","created":"2007-08-15 05:03:58","modified":"2013-11-11 00:49:20","last_modified":"Mon, 11 Nov 2013 07:49:20","article":"<!DOCTYPE html PUBLIC \"-\/\/W3C\/\/DTD HTML 4.0 Transitional\/\/EN\" \"http:\/\/www.w3.org\/TR\/REC-html40\/loose.dtd\">\n<html><body><p>Updated: Aug 13, 2007 - 22:16:49 PDT <br><br> Attorney requests delay for Acosta case <br><br> Prosecutor has been on medical leave in case where a <br>  <br> student was arrested at a city meeting. <br><br> By Alicia Robinson <br>  <br> The Daily Pilot <br><br> A protester who Costa Mesa officials say violated the <br>  <br> city's municipal code in January 2006 has waited a <br>  <br> year and a half to face trial on the charges, and he's <br>  <br> likely to wait longer. <br><br> The trial of Benito Acosta, an Orange Coast College <br>  <br> student arrested at a Costa Mesa City Council meeting <br>  <br> last year, was set to start Wednesday, but the city <br>  <br> prosecutor handling the case has asked for a 60-day <br>  <br> delay. <br><br> Costa Mesa City Prosecutor Dan Peelman said Monday he <br>  <br> requested the delay because until recently, he's been <br>  <br> on medical leave for a prolonged illness. <br><br> The court case stems from a Jan. 3, 2006, council <br>  <br> meeting. Acosta, 26, was speaking at the podium about <br>  <br> a plan to train city police to enforce immigration <br>  <br> laws. He expressed his strong opposition to the plan <br>  <br> and urged people who opposed the immigration plan to <br>  <br> stand. <br><br> Mansoor told him to stop speaking because his time was <br>  <br> up, and when Acosta &mdash; who also goes by the name <br>  <br> Coyotl Tezcatlipoca &mdash; protested, several police <br>  <br> officers removed him from the meeting. <br><br> The city pursued several charges against Acosta, <br>  <br> including resisting arrest and battery of a police <br>  <br> officer, but Orange County prosecutors in February <br>  <br> refused to file the charges \"in the interests of <br>  <br> justice,\" spokeswoman Susan Schroeder said at the <br>  <br> time. <br><br> The remaining charges are municipal code violations <br>  <br> relating to behavior during City Council meetings. <br><br> Efforts to reach Acosta were unsuccessful Monday, but <br>  <br> he has said city officials violated his 1st Amendment <br>  <br> rights by cutting him off before his time to speak was <br>  <br> up. <br><br> \"They're trying to criminalize Mr. Acosta's speech,\" <br>  <br> said Belinda Escobosa Helzer, an ACLU attorney <br>  <br> representing him. \"It's very unusual that they would <br>  <br> decide to bring criminal charges for a person <br>  <br> exercising their 1st Amendment right at an open City <br>  <br> Council meeting.\" <br><br> The American Civil Liberties Union of Southern <br>  <br> California also filed a civil suit against the city on <br>  <br> Acosta's behalf in March, claiming his civil rights <br>  <br> were violated. <br><br> Peelman rejected Helzer's arguments as having already <br>  <br> been decided by the courts when she used them to try <br>  <br> to have the case dismissed. <br><br> \"She lost those absolutely, hands down,\" he said. <br><br> Some have pointed out that even though Jim Gilchrist <br>  <br> of the Minuteman Project, who praised the immigration <br>  <br> plan, also asked supporters to stand during the 2006 <br>  <br> council meeting, he wasn't reprimanded by the mayor as <br>  <br> Acosta was. <br><br> Peelman called that \"a red herring that they are <br>  <br> trying to use and say that somehow Mr. Acosta was <br>  <br> treated differently. He was not, not at all.\" <br><br> The maximum penalty for each count Acosta is charged <br>  <br> with is six months in jail or a $1,000 fine, Peelman <br>  <br> said. <br><br> \"I think that it'll be an interesting trial on the <br>  <br> issue,\" he said. \"This phenomenon is happening <br>  <br> throughout California &mdash; we are seeing where activist <br>  <br> groups are disrupting city council meetings during the <br>  <br> public address period.\" <br><br> Costa Mesa is the only Orange County city Peelman <br>  <br> serves, but he said he is not aware of any <br>  <br> prosecutions on similar charges in San Bernardino or <br>  <br> Los Angeles counties, where he also works. <br><br> Helzer said the case could silence others who disagree <br>  <br> with the City Council. <br><br> \"I think that the city's decision to prosecute in this <br>  <br> case really has a chilling effect on other residents <br>  <br> who wish to express views that may not be in agreement <br>  <br> with what the City Council members have in mind,\" she <br>  <br> said. <br><br> ALICIA ROBINSON may be reached at (714) 966-4626 or at <br>  <br>  <a href=\"mailto:alicia.robinson@latimes.com\">alicia.robinson@latimes.com<\/a>.<\/p>\n<\/body><\/html>\n","contact":"","link":"http:\/\/www.dailypilot.com\/articles\/2007\/08\/14\/publicsafety\/dpt-acosta14.txt","address":"","phone":"","parent_id":0,"mime_type":"text\/plain","summary":"&quot;They're trying to criminalize Mr. Acosta's speech,&quot; said Belinda Escobosa Helzer, an ACLU attorney representing him. &quot;It's very unusual that they would decide to bring criminal charges for a person exercising their 1st Amendment right at an open City Council meeting.&quot;","numcomment":0,"fileurl":"\/uploads\/","filesize":null,"article_url":"\/news\/2007\/08\/204471.php"},"attachments":[],"comments":[]}