Murder Trial: Translation Issues Thwart Key Witness' Testimony

Plagued with apparent translation problems, testimony from a key witness in the trial of a truck driver charged with murder, visibly frustrated attorneys–and the witness–on Tuesday.

Jose Soares, who drove a majority of the fateful route before it ended with Marcos Costa behind the wheel, failed brakes and the death of two people, furrowed his brow repeatedly at the Portuguese translator who interpreted questions from the prosecutor and the defense attorney in the murder trial of 46-year-old Costa. Straightforward inquiries often left Soares looking puzzled and answering questions not asked.

Los Angeles Superior Court Judge Darrell Mavis dismissed Soares Tuesday, ordering him back to continue testifying Wednesday morning. He will use the Portuguese interpreter who has aided Brazilian-born Costa for much of the trial so far.

Outside the presence of the jury, Mavis told attorneys that he will allow them to re-question Soares, so that both sides have an opportunity to clarify any incomplete statements he made–statements that could be critical to Costa’s case such as Soares denying seeing a sign on Angeles Forest Highway that prohibited trucks.

Costa is charged with murder, felony reckless driving and vehicular manslaughter in the April 1, 2009, Angeles Crest highway wreck that killed 12-year-old Angelina Posca and her father, Angel.

Costa switched seats with Soares just north of La Cañada and was driving the 18-wheeler when it lost its brakes on the Angeles Crest Highway. The truck sped out of control toward the bustling intersection of Foothill Boulevard and bulldozed into a series of cars before barreling into the

Soares was behind the wheel earlier in the trip when an off-duty Los Angeles County firefighter flagged down the big rig. The firefighter told the men, neither of whom speak fluent English, that the rig’s brakes were smoking and that steep grades lay ahead of them.

During questioning by Deputy District Attorney Carolina Lugo, Soares referred to the Angeles Forest Highway as “dangerous,’’ but told defense attorney Edward Murphy that he never felt his life was in danger by forging on down the narrow, mountainous road.

“During the trip over the mountains, the brakes were working?’’ Murphy asked Soares, who appeared confused and repeatedly told the translator that he did not understand the question.

On several occasions, both Murphy and Lugo asked Soares the same question multiple times, leaving him rubbing his face or staring at his shoes. At first Soares answered “it’s difficult’’ when Murphy asked if he ever saw a sign that prohibited big rig trucks, but then he stated that he saw no such sign. And when Murphy asked Soares about the first time he realized the brakes had failed, he again appeared perplexed–although he’d already testified that the first indication of trouble was on Angeles Crest Highway, just above La Cañada–not back on the stretch of road where the firefighter pulled them over.

At that point, just north of Foothill Boulevard, Soares testified that Costa said, “I’ve lost the brakes!’’

When asked outside the courtroom what implications translation troubles could have on his client’s case, or why the attorneys wanted another interpreter Wednesday, Murphy declined to comment. Murphy merely pointed out that he’d resume his cross examination of Soares Wednesday.

“He’s witness to everything,’’ he said.