Updated: Aug 13, 2007 - 22:16:49 PDT

Attorney requests delay for Acosta case

Prosecutor has been on medical leave in case where a

student was arrested at a city meeting.

By Alicia Robinson

The Daily Pilot

A protester who Costa Mesa officials say violated the

city's municipal code in January 2006 has waited a

year and a half to face trial on the charges, and he's

likely to wait longer.

The trial of Benito Acosta, an Orange Coast College

student arrested at a Costa Mesa City Council meeting

last year, was set to start Wednesday, but the city

prosecutor handling the case has asked for a 60-day

delay.

Costa Mesa City Prosecutor Dan Peelman said Monday he

requested the delay because until recently, he's been

on medical leave for a prolonged illness.

The court case stems from a Jan. 3, 2006, council

meeting. Acosta, 26, was speaking at the podium about

a plan to train city police to enforce immigration

laws. He expressed his strong opposition to the plan

and urged people who opposed the immigration plan to

stand.

Mansoor told him to stop speaking because his time was

up, and when Acosta — who also goes by the name

Coyotl Tezcatlipoca — protested, several police

officers removed him from the meeting.

The city pursued several charges against Acosta,

including resisting arrest and battery of a police

officer, but Orange County prosecutors in February

refused to file the charges "in the interests of

justice," spokeswoman Susan Schroeder said at the

time.

The remaining charges are municipal code violations

relating to behavior during City Council meetings.

Efforts to reach Acosta were unsuccessful Monday, but

he has said city officials violated his 1st Amendment

rights by cutting him off before his time to speak was

up.

"They're trying to criminalize Mr. Acosta's speech,"

said Belinda Escobosa Helzer, an ACLU attorney

representing him. "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."

The American Civil Liberties Union of Southern

California also filed a civil suit against the city on

Acosta's behalf in March, claiming his civil rights

were violated.

Peelman rejected Helzer's arguments as having already

been decided by the courts when she used them to try

to have the case dismissed.

"She lost those absolutely, hands down," he said.

Some have pointed out that even though Jim Gilchrist

of the Minuteman Project, who praised the immigration

plan, also asked supporters to stand during the 2006

council meeting, he wasn't reprimanded by the mayor as

Acosta was.

Peelman called that "a red herring that they are

trying to use and say that somehow Mr. Acosta was

treated differently. He was not, not at all."

The maximum penalty for each count Acosta is charged

with is six months in jail or a $1,000 fine, Peelman

said.

"I think that it'll be an interesting trial on the

issue," he said. "This phenomenon is happening

throughout California — we are seeing where activist

groups are disrupting city council meetings during the

public address period."

Costa Mesa is the only Orange County city Peelman

serves, but he said he is not aware of any

prosecutions on similar charges in San Bernardino or

Los Angeles counties, where he also works.

Helzer said the case could silence others who disagree

with the City Council.

"I think that the city's decision to prosecute in this

case really has a chilling effect on other residents

who wish to express views that may not be in agreement

with what the City Council members have in mind," she

said.

ALICIA ROBINSON may be reached at (714) 966-4626 or at

alicia.robinson@latimes.com.