Council hopefuls talk on Acosta

As long as the Jones & Mayer law firm wants to continue trying to prosecute Benito Acosta for allegedly disrupting a 2006 Costa Mesa City Council meeting for free, city leaders should support it, former Mayor and current council candidate Gary Monahan says.

“If it’s pro bono, it’s a no-brainer,” Monahan said. “If they’re paying for the appeal, then it’s not costing the city anything, then, of course, we should continue it. If they’re not, then the question is what is the financial burden to go to the next step?”

Other council hopefuls aren’t so sure, with some saying the matter ought to be dropped.

Benito Acosta, a student activist who goes by the name Coyotl Tezcatlipoca, was removed from City Council Chambers Jan. 3, 2006 after he refused to be silenced by then-Mayor Allan Mansoor. After a brief struggle outside with police, Acosta was arrested.

With support from the American Civil Liberties Union, Acosta sued the city two months later. In May 2006, Dan Peelman, an attorney with the Jones & Mayer law firm, filed misdemeanor charges against Acosta.

In October 2007, the case was dismissed because Peelman was not sworn in as a city prosecutor and could therefore not file charges against Acosta, a judge ruled. By the end of the month, Costa Mesa attorneys appealed to revive the case.

On Tuesday, the appeal was rejected.

“Because the prosecution of [Acosta] was performed by attorney Peelman without the requisite official authority, the trial court lacked jurisdiction and dismissal was warranted,” the three-judge panel ruled.

The city’s appeal was handled pro bono by Jones & Mayer at the urging of city officials. City prosecutors can either request a re-hearing before the panel or appeal to a higher court, City Atty. Kimberly Barlow said. Officials have not indicated whether they would like to continue pursing the case and, if so, if it would be free for taxpayers. For some, it doesn’t matter.

“In this case I would say enough is enough. There is still a cost to taxpayers in regards to the [legal] system,” council hopeful Chris Bunyan said. “I know at this point, I’m a cost-benefit kind of guy, this thing you’ve got to ask, ‘Is it worth it?’”