The city of Costa Mesa’s only hope of reviving a case against student activist Benito Acosta is in appellate court, after Orange County Superior Court Judge Kelly MacEachern on Monday threw the case out because of the city prosecutor’s failure to get sworn in before filing the charges in 2006.
In a trial that began Thursday, the city was pursuing three misdemeanor charges, alleging Acosta violated city code at a Jan. 3, 2006, City Council meeting.
Acosta, 26, who also goes by the name Coyotl Tezcatlipoca, was speaking against a city plan to enforce immigration law. Mayor Allan Mansoor cut him 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.