GUILTY UT - Angelina Costello, 3, beaten to death, Ogden, 6 July 2017 *Arrests*

[Niner]

I had to put this link into Outline....

Lawyers for Ogden couple charged with killing their toddler argue Utah's death penalty is unconstitutional

May 11, 2020

OGDEN — An Ogden judge is being urged to declare Utah’s death penalty unconstitutional because, attorneys in a capital homicide case argue, the sentencing portion of the law shifts the burden of proof to defendants.

Aggravating factors already have been decided at trial, thereby putting the onus on the defense during the sentencing phase, an attorney representing Miller Costello, 28, asserted in a motion filed April 17 in 2nd District Court.
[.....]
In a further motion filed April 21, Marshall asked the court to “preclude the use of aggravating circumstances in the penalty phase of defendant’s trial which duplicate elements of the underlying aggravated murder charge.”

Weber County Attorney Chris Allred on Friday declined to comment on the latest defense motions. He said his staff was working on responses to be filed before a scheduled May 22 hearing before Judge Michael DiReda.

On Feb. 29, Costello’s defense filed a related motion urging DiReda to strike the death penalty because “it has become cruel and unusual punishment by practice and the consensus of the Utah citizenry.”

 

[Niner]

Will post this until I hear from @MsFacetious

Friday, May 22nd:
*Motion Hearing for both (@ am MT) - UT - Angelina Costello (3) (July 6, 2017, Ogden) (Starved, burned & beaten to death; weighed 13 lbs.) – *Miller Eric Costello (25/now 27) & *Brenda “Ericka” Emile (22/now 24) accused of aggravated 1st degree murder. Both plead not guilty; no bail. DA will seek DP. Trial was set to begin on 8/3/20 and go to 10/1/20 has been cancelled. Trial to begin in January 2021.
7/20/18 Update: Next hearing is 8/13. 8/8/18 Update: Funds authorized for defense. 12/6/18 Update: Had Pretrial hearing. Next hearing is 3/14/19. Trial set for August 3, 2020.
11/7/19 Update: Attorneys for Costello facing a capital murder charge want to question potential jurors on whether they believe in the controversial theory of “blood atonement.” Filed a motion Thursday (11/7/19) in the hopes they would be allowed to question each potential juror to see if they believe in an-eye-for-an-eye mentality. If the juror would answer yes, defense attorneys would seek to remove the potential juror. Attorneys for the two will have until January 2020 to file motions in the case. Disposition hearing on 11/14.
11/14/19 Update: Next court hearing for Costello is 2/28/20. No update for Emile as of 2/12/20. Motion filed last month (January, 2020), attorneys for Costello want to tell prospective jurors about the cost to taxpayers between sentencing someone to die versus giving them life in prison without parole. This information would be included during voir dire, or the jury selection process.
2/28/20 Update: Defense attorney Randall Marshall asked the court to “preclude the use of aggravating circumstances in the penalty phase of defendant’s trial which duplicate elements of the underlying aggravated murder charge.” A scheduled May 22 motion hearing before Judge Michael DiReda. On Feb. 29, Costello’s defense filed a related motion urging DiReda to strike the death penalty because “it has become cruel and unusual punishment by practice and the consensus of the Utah citizenry.”

 

[Niner]

Should Utah death penalty juries be educated about capital punishment costs?

June 5, 2020

OGDEN — Debate over Utah’s death penalty is intensifying in 2nd District Court as attorneys prepare for the trial of an Ogden couple accused of starving and fatally abusing their 3-year-old daughter.

Prosecutors said earlier they will seek the death penalty against Miller Costello, 28, and Brenda Emile, 25, if they are convicted of aggravated murder in the July 6, 2017, death of Angelina Costello.

Over the past year, defense attorneys have filed several motions challenging the death penalty, including those asking that jurors be questioned about blood atonement and the comparative costs of execution versus life in prison.
[.....]
DiReda conducted an online hearing in the case Friday. Because all parties were not prepared for arguments on the motions, the judge set an Aug. 3 hearing for that purpose.

He also canceled a previously set fall trial date, given concerns about the ability to conduct an in-person capital punishment trial during the COVID-19 pandemic.

 

[Niner]

Monday, August 3rd:
*Motion Hearing for both (@ am MT) - UT - Angelina Costello (3) (July 6, 2017, Ogden) (Starved, burned & beaten to death; weighed 13 lbs.) – *Miller Eric Costello (25/now 27) & *Brenda “Ericka” Emile (22/now 24) accused of aggravated 1st degree murder. Both plead not guilty; no bail. DA will seek DP.
Trial was set to begin on 8/3/20 and go to 10/1/20 has been cancelled. Trial to begin in January 2021.
7/20/18 Update: Next hearing is 8/13. 8/8/18 Update: Funds authorized for defense. 12/6/18 Update: Had Pretrial hearing. Next hearing is 3/14/19. Trial set for August 3, 2020.
11/7/19 Update: Attorneys for Costello facing a capital murder charge want to question potential jurors on whether they believe in the controversial theory of “blood atonement.” Filed a motion Thursday (11/7/19) in the hopes they would be allowed to question each potential juror to see if they believe in an-eye-for-an-eye mentality. If the juror would answer yes, defense attorneys would seek to remove the potential juror. Attorneys for the two will have until January 2020 to file motions in the case. Disposition hearing on 11/14.
11/14/19 Update: Next court hearing for Costello is 2/28/20. No update for Emile as of 2/12/20. Motion filed last month (January, 2020), attorneys for Costello want to tell prospective jurors about the cost to taxpayers between sentencing someone to die versus giving them life in prison without parole. This information would be included during voir dire, or the jury selection process.
2/28/20 Update: Defense attorney Randall Marshall asked the court to “preclude the use of aggravating circumstances in the penalty phase of defendant’s trial which duplicate elements of the underlying aggravated murder charge.” A scheduled May 22 motion hearing before Judge Michael DiReda. On Feb. 29, Costello’s defense filed a related motion urging DiReda to strike the death penalty because “it has become cruel and unusual punishment by practice and the consensus of the Utah citizenry.”
6/5/20 Update: Had a motions hearing (6/5/20) regarding the death penalty. Judge continued arguments to 8/3/20.

 

[Niner]

@JerseyGirl - just wondering if you can access Utah court sites? This is in Weber County-Ogden's 2nd District Court.

TIA!

 

[Niner]

Anyone here following this case ?? I need help in accessing the Utah Court site?

Anyone?? @MsFacetious seems to have been gone for awhile....

 

[Niner]

Okay @PayrollNerd - no one is paying attention to me on this case...
Was wondering if you have access to Utah court sites? I'm looking for Weber County jail Ogden’s 2nd District Court for Miller Eric Costello & *Brenda “Ericka” Emile.

TIA if you can help me!

 

[Niner]

Looks like they had a court hearing on Friday, 11/6

Attorneys for Utah parents in child neglect murder case want jurors to know death penalty costs more than life in prison

Nov. 6, 2020

OGDEN — Defense attorneys for the Ogden couple charged in the 2017 death of their malnourished 3-year-old daughter want the death penalty taken off the table.

But if lawyers for Brenda Emile and Miller Costello don’t succeed in doing so, they say they want a jury to know that a state execution is more expensive than a life sentence in prison.

“It occurred to me that that there’s a real misunderstanding out there about the cost of the death penalty, that frankly, it’s a lot cheaper to keep someone alive than it is to kill them under this system,” defense attorney Randall Marshall said Friday in a hearing held over video conference in Ogden’s 2nd District Court.
[.....]
Judge Michael DiReda didn’t rule from the bench Friday on the defense motion to explain the costs to potential jurors. He said he would instead issue a written decision at a later date.
[.....]
A jury trial has not yet been scheduled as cases are being postponed due to COVID-19 restrictions.


and of course.... no next court date....

and a little

for @PayrollNerd !

no rush!

 

[PayrollNerd]

You can't access these records without a paid subscription. $30-$40/month!

Utah Courts - Xchange Case Search: Repository of Court Records
What is Xchange?
Xchange is a repository of district court and justice court case information.

District courts are general jurisdiction courts. Cases handled in district courts include domestic, civil and criminal cases. All felony and class A misdemeanor cases are filed in district courts.

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Xchange is a fee-based subscription service. Subscription information is available here.

The information displayed is the public record case information entered into the Courts Information System (CORIS) by court staff in the courthouses where the case files are located. Information is available in Xchange immediately upon entry in local court’s computer system.

Xchange provides summary information about cases. This includes information such as names of parties, party addresses (if available), assigned judges, attorneys of record, documents filed, hearings held, judgments entered, and the outcome of completed cases. Images of public documents filed in district court cases are available for purchase on Xchange.

 

[Niner]

Oh darn.... guess I have to wait another 4 months for another article....

 

[Niner]

I'm going to post this even if it is one day late.

Friday, November 6th:
*Motion Hearing for both (@ am MT) - UT - Angelina Costello (3) (July 6, 2017, Ogden) (Starved, burned & beaten to death; weighed 13 lbs.) – *Miller Eric Costello (25/now 27) & *Brenda “Ericka” Emile (22/now 24) arrested & charged (1/17/18) & arraigned (5/14/18) with 1st degree felony aggravated murder. Both plead not guilty; no bail. DA will seek DP.
Angelina died from a combination of blunt force trauma, burns, starvation & malnutrition. She weighed 13 pounds. Her ribs were visible, her legs & arms thin & covered in bruises. Burn marks on her face & chest were caked with makeup an attempt, Emile later told police, to minimize the severity of her injuries.
Trial was set to begin on 8/3/20 continued to begin in January 2021.
Court info from 7/20/18 thru 2/28/20 reference post #84 here:
UT - Angelina Costello, 3, beaten to death, Ogden, 6 July 2017 *Arrests*
6/5/20 Update: Had a motions hearing (6/5/20) regarding the death penalty. Judge continued arguments to 8/3/20. Next hearing on 11/6/20.
11/6/20 Update: Defense attorneys for the Ogden couple charged in the 2017 death of their malnourished 3-year-old daughter want the death penalty taken off the table. Judge Michael DiReda didn’t rule from the bench Friday on the defense motion to explain the costs to potential jurors. He said he would instead issue a written decision at a later date. A jury trial has not yet been scheduled as cases are being postponed due to COVID-19 restrictions. No further court dates.

 

[JerseyGirl]

I'm going to post this even if it is one day late.

Friday, November 6th:
*Motion Hearing for both (@ am MT) - UT - Angelina Costello (3) (July 6, 2017, Ogden) (Starved, burned & beaten to death; weighed 13 lbs.) – *Miller Eric Costello (25/now 27) & *Brenda “Ericka” Emile (22/now 24) arrested & charged (1/17/18) & arraigned (5/14/18) with 1st degree felony aggravated murder. Both plead not guilty; no bail. DA will seek DP.
Angelina died from a combination of blunt force trauma, burns, starvation & malnutrition. She weighed 13 pounds. Her ribs were visible, her legs & arms thin & covered in bruises. Burn marks on her face & chest were caked with makeup an attempt, Emile later told police, to minimize the severity of her injuries.
Trial was set to begin on 8/3/20 continued to begin in January 2021.
Court info from 7/20/18 thru 2/28/20 reference post #84 here:
UT - Angelina Costello, 3, beaten to death, Ogden, 6 July 2017 *Arrests*
6/5/20 Update: Had a motions hearing (6/5/20) regarding the death penalty. Judge continued arguments to 8/3/20. Next hearing on 11/6/20.
11/6/20 Update: Defense attorneys for the Ogden couple charged in the 2017 death of their malnourished 3-year-old daughter want the death penalty taken off the table. Judge Michael DiReda didn’t rule from the bench Friday on the defense motion to explain the costs to potential jurors. He said he would instead issue a written decision at a later date. A jury trial has not yet been scheduled as cases are being postponed due to COVID-19 restrictions. No further court dates.

I don’t believe the trial started this month and I can’t find any updates.

 

[Niner]

I don’t believe the trial started this month and I can’t find any updates.

Yea - I've tried to find stuff on this case - and of course nothing is coming up - over here - on my searches. I figured the trial wouldn't start in January either. Oh well - guess we wait...

 

[PayrollNerd]

There is a Facebook page for Angelina but it has not been updated since July 2020

Angelina's Justice

 

[Niner]

Ah - finally got an article in my alerts!

The Justice Files: Husband professed innocence and blamed wife for child’s murder | ABC4 Utah

March 17, 2021

OGDEN, Utah (ABC4) – Miller Costello was warned about marrying his wife.

But he went ahead and married her. They lived in Billings, Montana raising three children. In 2015 the family moved to Ogden. On January, 2016 the couple was jailed following the discovery of their dead three-year old girl.

The Weber County attorney eventually filed aggravated murder charges against the couple. If guilty, the death penalty is an option.

After five years in jail, Costello is breaking his silence and blamed his wife for what happened to Angelina.

He wrote to Judge Michael Direda, who is overseeing the case, “I had nothing to do with my daughter’s debt [sic]. I was always six days a week working in the scrap metel [sic] driving to other states picking up scrap copper.”

Costello claimed Emille was a stay-at-home mother and the children’s only caretaker. He told the judge he returned home once a week, attended to the needs of his family, washed clothes and hit the road the next day.
[.....]
Costello’s attorney said he was unaware that his client had written the letter and sent it to the judge.
[.....]
Miller and Emille will be back in court next month. Their attorneys filed a motion claiming the death penalty is unconstitutional. The hearing will address that issue. No trial date has been set.


I wish they had put a court date in the article.... and there is more of the letter that Costello wrote to the Judge.

 

[everybodhi]

“Cruel and unusual punishment”

 

[Niner]

This is happening sometime in April - I have to date yet - and the court site you have to pay to get in - so if anyone sees an article with the April date - please post! TIA!

Sometime in April:
*Pretrial Hearing for both (@ am MT) - UT - Angelina Costello (3) (July 6, 2017, Ogden) (Starved, burned & beaten to death; weighed 13 lbs.) – *Miller Eric Costello (25/now 27) & *Brenda “Ericka” Emile (22/now 24) arrested & charged (1/17/18) & arraigned (5/14/18) with 1st degree felony aggravated murder. Both plead not guilty; no bail. DA will seek DP. Weber County jail
Angelina died from a combination of blunt force trauma, burns, starvation & malnutrition. She weighed 13 pounds. Her ribs were visible, her legs & arms thin & covered in bruises. Burn marks on her face & chest were caked with makeup an attempt, Emile later told police, to minimize the severity of her injuries.
Trial was set to begin on 8/3/20 continued to begin in January 2021 & continued due to COVID with no further dates.
Court info from 7/20/18 thru 6/5/20 reference post #91 here:
UT - Angelina Costello, 3, beaten to death, Ogden, 6 July 2017 *Arrests*
11/6/20 Update: Defense attorneys for the Ogden couple charged in the 2017 death of their malnourished 3-year-old daughter want the death penalty taken off the table. Judge Michael DiReda didn’t rule from the bench Friday on the defense motion to explain the costs to potential jurors. He said he would instead issue a written decision at a later date. A jury trial has not yet been scheduled as cases are being postponed due to COVID-19 restrictions.
3/17/21 Update: Costello wrote a letter to Judge saying that his wife Emile was responsible for Angelina death. Next court date in April, no date given.

 

[PayrollNerd]

There is a Facebook page for Angelina but it has not been updated since July 2020

Angelina's Justice

Her Facebook page has a recent post with comments as to the status. Nothing new unfortunately.

 

[Niner]

@Seattle1 - do you have access to the 2nd District Court pdf? If so, could you send that to me - maybe they are listed on it.

TIA!

 

[PayrollNerd]

There are comments that mention April 30th.

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