Juror is let go in Acosta trial

A juror in Benito Acosta’s federal lawsuit trial was dismissed Friday morning for telling a witness that his coat wasn’t buttoned properly, an encounter Judge David Carter viewed as misconduct.

Although Juror No. 1 did not talk with former Police Lt. Clay Epperson about the activist’s lawsuit against Costa Mesa, approaching the witness created presumptive prejudice against Acosta, Carter ruled.

“Perceptions become reality,” Carter told the juror. “From a legal perspective, we got to be very careful. I want to be overly cautious. I don’t want this to come back.”

Carter thanked the juror before he was dismissed.

“I don’t want you to be leaving here defeated,” Carter said. “You go back to business; thank you very much.”

The trial continued with the remaining eight jurors.

Joy Decicco, a physical therapist who treated Acosta after his arrest at the Jan. 3, 2006, City Council meeting, took the witness stand.

After examining him, Decicco found that Acosta had severe limitations in range of motion on his left wrist and neck. Acosta also had minimum to moderate limitations on his back and needed physical therapy treatment for six months, Decicco said.

The judge has yet to decide whether he will admit Acosta’s alleged injuries from the arrest as evidence in the case. The city’s defense, led by Dan Spradlin, is expected to argue that the injuries were not related to the allegations against Allan Mansoor and the city.

Acosta’s lawsuit, which is backed by the American Civil Liberties Union, stems from Mansoor’s resolution that city police should begin to enforce federal immigration laws. Mansoor’s resolution divided the city and alienated its Latino community.

While speaking against Mansoor’s resolution during public comments, Acosta was cut off by the mayor before his three minutes were finished.

The trial will resume at 8 a.m. Tuesday. Councilwoman Katrina Foley and Acosta are expected to testify.