Court weighs Acosta appeal

An Orange County court could decide whether to grant Costa Mesa’s appeal to reinstate its case against a Latino activist accused of disrupting a City Council meeting in as little as six weeks, an ACLU attorney said today.

A panel of Orange County Superior Court judges heard oral arguments today in the appeal of the criminal case against 27-year-old Orange Coast College student Benito Acosta.

Acosta’s ACLU-sponsored defense team maintains that the city can’t put him on trial again after the case was tossed out of court on a procedural issue last year, because it would amount to double jeopardy.

The city’s prosecutor took up the case after the Orange County District Attorney’s office decided not to prosecute Acosta.

Orange County Superior Court Judge Kelly MacEachern threw out the case in October after it was revealed Costa Mesa’s attorney, Dan Peelman, was never sworn in by the city clerk as a city prosecutor.

The city maintains that there is no required oath and Peelman was acting on behalf of Costa Mesa City Atty. Kimberley Hall Barlow in the case.

Costa Mesa police arrested Acosta at a January 2006 Costa Mesa City Council meeting on suspicion of disturbing an assembly, interfering with a city council meeting and resisting a police officer.

Acosta spoke at the meeting against a proposal to train city police officers to enforce immigration laws.

Acosta has continued with his schooling and hopes to put the court case behind him soon, Belinda Helzer, Acosta’s ACLU defense lawyer, said after the hearing today.

“He’s eager to get on with his life and put this behind him,” Helzer said.

Efforts to reach Acosta and Barlow for comment were unsuccessful.

BRIANNA BAILEY may be reached at (714) 966-4625 or at brianna.bailey@latimes.com.