Costa Mesa expected to file appeal for Acosta case

An ACLU attorney for immigration activist Benito Acosta said Monday he expects the city of Costa Mesa to file an appeal or ask for a review of charges of disrupting a city council meeting against his client that were tossed out of court earlier this month.

“How much of the city’s money [City Prosecutor Dan Peelman] wants to spend is up to him,” said Kwaku Duren, one of Acosta’s attorneys.

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. The city filed two misdemeanor charges against Acosta.

If appealed, a panel of three judges would decide if the case can be tried again legally. The city had not decided whether or not to file an appeal as of Oct. 23, Peelman said last week. Under the law, the city has until Wednesday to appeal the case.

Costa Mesa also could file a writ, or a formal written order, requesting a review of the case for legal errors, Duren said.

The Appellate Department of Orange County Superior Court denied a motion from Peelman to appeal earlier this month because he failed to provide an adequate record.

— Brianna Bailey