Acosta attorney criticizes appeal

An ACLU attorney called an appeal filed in a criminal case against his client, immigration activist Benito Acosta, “meritless” Wednesday after Costa Mesa challenged a judge’s dismissal of the city’s case against Acosta.

“The legal issue is well established,” said ACLU defense attorney Kwaku Duren, who represents Acosta.

Duren said his client believes the judge made the right decision to dismiss the case the first time around.

Calls to City Prosecutor Dan Peelman and Costa Mesa City Attorney Kimberly Hall Barlow were not returned Wednesday.

The city filed misdemeanor charges of disrupting a public meeting against Acosta stemming after a Jan. 3, 2006 City Council meeting at which Acosta, who goes by the name Coyotl Tezcatlipoca, spoke against a plan to have city police enforce immigration laws.

Mayor Allan Mansoor cut Acosta off when he urged people, over the mayor’s objections, to show their support by standing up.

Police then escorted Acosta from the chambers and, after a brief struggle, arrested him.

Judge Kelly MacEachern dismissed the case Oct. 1 after learning Peelman had not been sworn in as a public prosecutor before filing the misdemeanor charges.

“He (Peelman) is just a private attorney. He wasn’t duly approved to file charges,” Duren said.

Peelman first attempted to file writ, or a formal written order, earlier this week, requesting a review of the case for legal errors, said Duren. The writ was rejected by Orange County Superior Court because the city could still fill an appeal in the case, Duren said.

A federal ACLU civil case against the city alleging Acosta’s right to freedom of speech were violated at the City Council meeting is pending. Depositions in the civil case are expected to begin this month.

BRIANNA BAILEY may be reached at (714) 966-4625 or at [email protected].