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GUILTY UT - Angelina Costello, 3, beaten to death, Ogden, 6 July 2017 *Arrests*
- Thread starter Renee110
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Friday, April 30th:
*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 28) & *Brenda “Ericka” Emile (22/now 25) 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 & continued 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 hearing date on 4/30/21.
*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 28) & *Brenda “Ericka” Emile (22/now 25) 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 & continued 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 hearing date on 4/30/21.
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Received this article in my alerts but can not access it - even in Outline - if someone could give a 10% synopsis - it would be appreciated. And if they have the next court date in the article? TIA!
Judge questions effort to strike Utah's death penalty due to 'evolved' public attitudes
Judge questions effort to strike Utah's death penalty due to 'evolved' public attitudes
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A few snips:
An Ogden judge has expressed skepticism about a defense motion seeking to nullify Utah’s death penalty law on the grounds that a public consensus against capital punishment has evolved.
Marshall and another defense attorney, Jason Widdison, argued in the April 23 hearing to strike the death penalty from the case against Miller Costello, 29, and Brenda Emile, 26, in the July 2017 death of their 3-year-old daughter, Angelina Costello.
They also asked the court to prohibit juries from considering aggravating factors during sentencing that already were considered during the trial phase.
But 2nd District Michael DiReda said the U.S. and Utah supreme courts “have made clear that the clear and most reliable objective evidence of contemporary values is legislation enacted” by state legislatures.
DiReda took the arguments under consideration and said he would issue a written decision in several weeks.
Costello and Emile have been held without bail in the Weber County Jail for almost four years.
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Thanks for that @PayrollNerd !
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Looks like they had a hearing yesterday...
Trial set for parents 5 years after death of emaciated child
June 10, 2021
OGDEN — The trial for an Ogden couple whose deceased 3-year-old daughter was found so malnourished that police compared her to a Holocaust victim is set to happen two years later than originally planned, in large part because of the pandemic.
Second District Judge Michael DiReda on Thursday scheduled a seven-week trial to begin Aug. 1, 2022, for Brenda Emile, 26, and Miller Costello, 29. Both have pleaded not guilty to aggravated murder, a capital offense.
The judge set the trial for next summer after defense attorney Randall Marshall raised concerns about a potential resurgence of COVID-19 cases in the fall.
Trial set for parents 5 years after death of emaciated child
June 10, 2021
OGDEN — The trial for an Ogden couple whose deceased 3-year-old daughter was found so malnourished that police compared her to a Holocaust victim is set to happen two years later than originally planned, in large part because of the pandemic.
Second District Judge Michael DiReda on Thursday scheduled a seven-week trial to begin Aug. 1, 2022, for Brenda Emile, 26, and Miller Costello, 29. Both have pleaded not guilty to aggravated murder, a capital offense.
The judge set the trial for next summer after defense attorney Randall Marshall raised concerns about a potential resurgence of COVID-19 cases in the fall.
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So - I'll go ahead & post this to keep my records straight! 
Thursday, June 10th:
*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 28) & *Brenda “Ericka” Emile (22/now 25) 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 & continued to 8/1/22 (7-week trial).
Court info from 7/20/18 thru 11/6/20 reference post #102 here:
UT - Angelina Costello, 3, beaten to death, Ogden, 6 July 2017 *Arrests*
3/17/21 Update: Costello wrote a letter to Judge saying that his wife Emile was responsible for Angelina death. Next hearing date on 4/30/21. 4/30/21 Update: 2nd District Court Judge Michael DiReda has expressed skepticism about a defense motion seeking to nullify Utah’s death penalty law on the grounds that a public consensus against capital punishment has evolved. Defense also asked the court to prohibit juries from considering aggravating factors during sentencing that already were considered during the trial phase. But Judge Michael DiReda said the U.S. & Utah supreme courts “have made clear that the clear & most reliable objective evidence of contemporary values is legislation enacted” by state legislatures. Judge DiReda took the arguments under consideration & said he would issue a written decision in several weeks.
4/30/21 Update: Hearing on 6/10/21. 6/10/21 Update: Second District Judge Michael DiReda on Thursday scheduled a seven-week trial to begin Aug. 1, 2022, for Emile & Costello. No other hearing dates mentioned.
Thursday, June 10th:
*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 28) & *Brenda “Ericka” Emile (22/now 25) 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 & continued to 8/1/22 (7-week trial).
Court info from 7/20/18 thru 11/6/20 reference post #102 here:
UT - Angelina Costello, 3, beaten to death, Ogden, 6 July 2017 *Arrests*
3/17/21 Update: Costello wrote a letter to Judge saying that his wife Emile was responsible for Angelina death. Next hearing date on 4/30/21. 4/30/21 Update: 2nd District Court Judge Michael DiReda has expressed skepticism about a defense motion seeking to nullify Utah’s death penalty law on the grounds that a public consensus against capital punishment has evolved. Defense also asked the court to prohibit juries from considering aggravating factors during sentencing that already were considered during the trial phase. But Judge Michael DiReda said the U.S. & Utah supreme courts “have made clear that the clear & most reliable objective evidence of contemporary values is legislation enacted” by state legislatures. Judge DiReda took the arguments under consideration & said he would issue a written decision in several weeks.
4/30/21 Update: Hearing on 6/10/21. 6/10/21 Update: Second District Judge Michael DiReda on Thursday scheduled a seven-week trial to begin Aug. 1, 2022, for Emile & Costello. No other hearing dates mentioned.
PayrollNerd
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Her Facebook page has screenshots on June 1st of the Order Denying Defense Motions.
Log into Facebook
Log into Facebook
Knox
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Disgusting filthy liar, how would a Father not notice a failing child, even if only home for a hours or a day? If what he said about her parents comment and that Emille did not want Angelina after learning she was a girl - he should have been on hyper alert as to her welfare.
The Justice Files: Husband professed innocence and blamed wife for child’s murder | ABC4 Utah
The Justice Files: Husband professed innocence and blamed wife for child’s murder | ABC4 Utah
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Dang - I can't access this article over here - was wondering if someone could give a 10% synopsis on this. I have their trial date as 8/1/22. Also, if there might be a "next" court date in there? TIA!
Couple's trial in daughter's torture death finally scheduled after death penalty challenges fail
Couple's trial in daughter's torture death finally scheduled after death penalty challenges fail
PayrollNerd
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It limits access to 3 times and I was on 2 of 3. I was able to immediately save it as a PDF and here are a few clips from the article too.Dang - I can't access this article over here - was wondering if someone could give a 10% synopsis on this. I have their trial date as 8/1/22. Also, if there might be a "next" court date in there? TIA!
Couple's trial in daughter's torture death finally scheduled after death penalty challenges fail
Snips:
Most recently, the defense motions argued the death penalty is cruel and unusual punishment under the Eighth Amendment and the Utah Constitution because it violates evolving standards of decency; and that capital punishment defendants are effectively subjected to aggravated enhancements twice at sentencing.
In a ruling filed May 4, Judge Michael DiReda denied both motions.
Snip:
The judge also said the defense failed to show Utah’s aggravated murder law is insufficiently narrow to apply to the most egregious homicides and the most morally culpable offenders.
Snip:
In its second motion, the defense asserted that permitting a jury in the sentencing phase to consider an aggravating factor already decided in the conviction phase in essence shows Utah’s death penalty law does not genuinely allow a narrowing of classes of people subject to execution.
DiReda denied the motion, saying the Utah Supreme Court already has settled the issue and that the U.S. Constitution has no narrower application on the issue.
The judge set another pretrial hearing for Aug. 12.
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Thanks a bunch @PayrollNerd ! Much appreciated!
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Thursday, August 12th:
*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 28) & *Brenda “Ericka” Emile (22/now 25) 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 set to begin 8/1/22 (7-week trial).
Court info from 7/20/18 thru 11/6/20 reference post #102 here:
UT - Angelina Costello, 3, beaten to death, Ogden, 6 July 2017 *Arrests*
3/17/21 Update: Costello wrote a letter to Judge saying that his wife Emile was responsible for Angelina death. Next hearing date on 4/30/21. 4/30/21 Update: 2nd District Court Judge Michael DiReda has expressed skepticism about a defense motion seeking to nullify Utah’s death penalty law on the grounds that a public consensus against capital punishment has evolved. Defense also asked the court to prohibit juries from considering aggravating factors during sentencing that already were considered during the trial phase. But Judge Michael DiReda said the U.S. & Utah supreme courts “have made clear that the clear & most reliable objective evidence of contemporary values is legislation enacted” by state legislatures. Judge DiReda took the arguments under consideration & said he would issue a written decision in several weeks.
4/30/21 Update: Hearing on 6/10/21. 5/4/21: Amended memorandum decision & order on defendant's motion to strike the death penalty based on the consensus of Utah citizens & Motion to preclude duplication of aggravating factors at sentencing-Denied by Judge Michael D. DiReda filed. 6/10/21 Update: Second District Judge Michael DiReda on Thursday scheduled a seven-week trial to begin Aug. 1, 2022, for Emile & Costello. Next pretrial hearing on 8/12/21.
*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 28) & *Brenda “Ericka” Emile (22/now 25) 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 set to begin 8/1/22 (7-week trial).
Court info from 7/20/18 thru 11/6/20 reference post #102 here:
UT - Angelina Costello, 3, beaten to death, Ogden, 6 July 2017 *Arrests*
3/17/21 Update: Costello wrote a letter to Judge saying that his wife Emile was responsible for Angelina death. Next hearing date on 4/30/21. 4/30/21 Update: 2nd District Court Judge Michael DiReda has expressed skepticism about a defense motion seeking to nullify Utah’s death penalty law on the grounds that a public consensus against capital punishment has evolved. Defense also asked the court to prohibit juries from considering aggravating factors during sentencing that already were considered during the trial phase. But Judge Michael DiReda said the U.S. & Utah supreme courts “have made clear that the clear & most reliable objective evidence of contemporary values is legislation enacted” by state legislatures. Judge DiReda took the arguments under consideration & said he would issue a written decision in several weeks.
4/30/21 Update: Hearing on 6/10/21. 5/4/21: Amended memorandum decision & order on defendant's motion to strike the death penalty based on the consensus of Utah citizens & Motion to preclude duplication of aggravating factors at sentencing-Denied by Judge Michael D. DiReda filed. 6/10/21 Update: Second District Judge Michael DiReda on Thursday scheduled a seven-week trial to begin Aug. 1, 2022, for Emile & Costello. Next pretrial hearing on 8/12/21.
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@PayrollNerd - when you have time - can you see if you can find the next court date for these 2?
TIA!
TIA!
PayrollNerd
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This is the court site that requires a monthly subscription so other than the Facebook page Angelina's Justice or news articles, there isn't anything out there. I'm not sure if this article was ever posted but there are comments below the article.
Trial set for parents 5 years after death of emaciated child
Published 6/10/2021
OGDEN — The trial for an Ogden couple whose deceased 3-year-old daughter was found so malnourished that police compared her to a Holocaust victim is set to happen two years later than originally planned, in large part because of the pandemic.
Second District Judge Michael DiReda on Thursday scheduled a seven-week trial to begin Aug. 1, 2022, for Brenda Emile, 26, and Miller Costello, 29. Both have pleaded not guilty to aggravated murder, a capital offense.
Trial set for parents 5 years after death of emaciated child
Published 6/10/2021
OGDEN — The trial for an Ogden couple whose deceased 3-year-old daughter was found so malnourished that police compared her to a Holocaust victim is set to happen two years later than originally planned, in large part because of the pandemic.
Second District Judge Michael DiReda on Thursday scheduled a seven-week trial to begin Aug. 1, 2022, for Brenda Emile, 26, and Miller Costello, 29. Both have pleaded not guilty to aggravated murder, a capital offense.
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There's a post on the Facebook page but it's not related to the child, just the father's behavior.
There's a post on the Facebook page but it's not related to the child, just the father's behavior.
Niner
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Thank you - I changed my notes regarding contacting you - and to look at FB!
So I won't bother you anymore on this case! I had that 8/1/22 trial already. And the article link you posted said "Forbiddin" to me... I had this EU rule...
PayrollNerd
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Oh no worries. I can always do a search for you. I just wish the court site didn't require a subscription. That seems so weird to me because FL has mostly open records.Thank you - I changed my notes regarding contacting you - and to look at FB!
I had that 8/1/22 trial already. And the article link you posted said "Forbiddin" to me... I had this EU rule...
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Okay - thanks!
Yes, all court sites are quite different - I think they ALL should use a simple place to look up cases - if you ask me! LOL!
