Costa Mesa Judge Dismisses Criminal Charges Against Benito Acosta
Criminal charges against a Costa Mesa man subjected to vindictive prosecution when he attempted to exercise his free speech rights at a City Council meeting were thrown out in October when an Orange County judge ruled that the attorney hired by the city to prosecute the case had not been appointed or sworn in as a public prosecutor as required by the California Constitution.
In her decision, Superior Court Judge Kelly MacEachern wrote that the attorney's failure to follow the law amounted to "a denial of due process" for Coyotl Tezcatlipoca.
Tezcatlipoca, also known as Benito Acosta, was relieved at the news. The ACLU of Southern California represented him in the case, along with attorney B. Kwaku Duren.
"I can resume my life and studies, and I'm glad that the court has sent a message to Costa Mesa public officials that they are not above the law and must be held accountable."
The case centered on events at a January 2006 Costa Mesa City Council meeting, where Tezcatlipoca was selected by a group of more than 100 persons to voice their opposition to the city's proposal to deputize police officers to enforce civil immigration laws. He is co-counder of Colectivo Tonantzin, a group working to ensure immigrant families in Orange County receive equal treatment under the law.
Though Costa Mesa Mayor Allan Mansoor allowed a representative of the anti-immigrant Minutemen group to speak during the meeting, and allowed his supporters in the audience to stand in recognition, Mansoor extended no such courtesy to Tezcatlipoca.
When it was his turn at the podium, Mansoor first cut him off, then tried to shout him down. Suddenly Tezcatlipoca was surrounded by police officers, dragged out of the meeting room, beaten and arrested. Later he was taken to a local hospital for treatment.
Though the district attorney's office declined to file charges, the city pursued the matter in criminal court, hiring private attorney Danny Peelman to prosecute. If convicted, Tezcatlipoca faced $2,000 in fines and a year in jail.
During the trial, the ACLU/SC and Duren raised doubts about prosecutor Peelman's impartiality; he works for the same law firm that represents the city in the civil suit the ACLU/SC filed against the City of Costa Mesa in March 2006.
The city's attempted prosecution against Tezcatlipoca began in late September, but lasted a scant few days before the judge dismissed all charges.
"Prosecutors must be held to the highest standard, but from start to finish this prosecution failed to meet even the most basic tests," said Belinda Escobosa Helzer, ACLU/SC staff attorney. "These criminal charges were part of a politically motivated campaign against our client for exercising his free-speech rights to criticize the City Council."
According to the Orange County Register, the City of Costa Mesa spent $32,000 in its failed attempt to prosecute Tezcatlipoca for allegedly disrupting the meeting. The city also filed an appeal of the judge's dismissal.
"That appeal sends the absolute wrong message," said Escobosa Helzer. "It signals to all in the city that the core free expression rights do not apply to all. That can have a chilling effect."
Meanwhile, as of early November, the city has spent $95,000 preparing for Tezcatlipoca's civil lawsuit. The ACLU/SC is representing him in that effort.
DECEMBER 2007
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ACLU To LAPD: Map Roads, Not People
Union Board Votes For Impeachment
Jones Settlement A 'Good First Start'
LA 8: Victory In 20-Year Effort For Equality Under The Law
Costa Mesa Judge Dismisses Criminal Charges Against Benito Acosta
Fort Irwin Man Sues For Conscientious Objector Status
The Campaign To Save Our Constitution
Federal Judge Orders Expansion of Alternate Services For Mentally-Ill Children In State Care
ACLU/SC Lawsuit Demands Answers On the Scope of FBI Surveillance of Area Muslims
