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

[Niner]

Just got an alert...

Geez...

Emile to withdraw guilty plea in 3-year-old daughter’s murder

OGDEN — An Ogden woman intends to withdraw her guilty plea in the torture and starvation death of her 3-year-old daughter five years ago. Brenda Emile was in 2nd District Court on Monday morning for what had been scheduled to be the start of a five-day sentencing hearing when her lead attorney...

www.standard.net

Oct. 17, 2022

OGDEN — An Ogden woman intends to withdraw her guilty plea in the torture and starvation death of her 3-year-old daughter five years ago.


Brenda Emile was in 2nd District Court on Monday morning for what had been scheduled to be the start of a five-day sentencing hearing when her lead attorney, Martin Gravis, told Judge Michael DiReda of the change of plans.
[.....]
Emile, wearing a jail-issue orange jumpsuit, started to tell DiReda the reason she wants to withdraw her plea, but co-defense attorney Jason Widdison motioned her to silence. Gravis said the attorneys would file a plea withdrawal motion within a few days.
[.....]
“A motion to withdraw is not a guarantee,” DiReda told Emile, explaining that prosecutors and defense attorneys will now make filings on the matter and argue it in another hearing. At that point the judge may accept the plea withdrawal or reject it. He said judges generally are less likely to accept withdrawal motions if they are not made soon after the plea.

He provisionally rescheduled her sentencing hearing for Jan. 23, 2023.

Monday’s development in Emile’s case comes 12 days after her husband, Miller Costello, 30, agreed to a similar plea bargain. They were arrested on July 6, 2017, in the death of Angelina Costello.
[.....]
Under the couple’s plea bargains, the capital offense provision was dropped, reducing the charge to a first-degree felony. After sentencing hearings, they would be sentenced to 25 years to life in prison or life without the possibility of parole. However, if Emile’s motion is granted, her case would revert to the pretrial stage, with either a different plea bargain or a trial to follow.

 

[Niner]

Emile says she was threatened to plead guilty to daughter’s murder

OGDEN — A woman charged in the death of her 3-year-old daughter says she pleaded guilty because the lives of her other children were threatened. Attorneys representing Brenda Emile, 27, of Ogden, filed a motion in 2nd District Court on Monday asking that she be allowed to withdraw her guilty...

www.standard.net

Oct. 25, 2022
OGDEN — A woman charged in the death of her 3-year-old daughter says she pleaded guilty because the lives of her other children were threatened.


Attorneys representing Brenda Emile, 27, of Ogden, filed a motion in 2nd District Court on Monday asking that she be allowed to withdraw her guilty plea to first-degree felony aggravated murder in the July 6, 2017, death of Angelina Costello.

In an Aug. 19 plea bargain with the Weber County Attorney’s Office, Emile pleaded guilty and prosecutors dropped their pursuit of the death penalty. Emile’s husband, 30-year-old Miller Costello, struck a similar plea bargain on Oct. 5, also avoiding the possibility of capital punishment.
[.....]
The motion Monday “asserts that her plea was not knowingly and voluntarily made because of a threat that was communicated to her through her mother by a third party that Eric Costello would cause harm to their biological children if she did not plead guilty.”

Eric is Miller Costello’s middle name and family members usually addressed him with it. The threat was made in August, the motion said. The couple had two other children. Both Costello and Emile have been held without bail in the Weber County Jail since their arrest on the day of Angelina’s death.
[.....]
Judge Michael DiReda has scheduled a Nov. 8 hearing for arguments on the withdrawal motion. According to the Monday filing, a plea withdrawal may be granted only if the judge agrees and there is “a showing that it was not knowingly and voluntarily made.” Prosecutors have not yet replied to the filing.

 

[Niner]

Tuesday, November 8th:
*Motions Hearing (@ am MT) - UT - Angelina Costello (3) (July 6, 2017, Ogden) (Starved, burned & beaten to death; weighed 13 lbs.) – *Brenda “Ericka” Emile (22/now 26) arrested & charged (1/17/18) & arraigned (5/14/18) with 1st degree felony aggravated murder. 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 10/3/22 cancelled. Emile plead guilty on 8/19/22 to 2st degree felony aggravated murder & death penalty dismissed per plea agreement. Sentencing on 10/17 thru 10/28. Emile wants to withdraw her guilty plea. Judge DiReda will have a hearing to her motions. Provisional sentencing hearing on 1/23/23. (5 days)
Court info from 7/20/18 thru 8/19/22 reference post #138 here:
https://www.websleuths.com/forums/t...death-ogden-6-july-2017-arrests.342995/page-7
10/17/22 Update: Emile in court for what had been scheduled to be the start of a five-day sentencing hearing when her lead attorney, Martin Gravis, told Judge Michael DiReda of the change of plans. Emile started to tell DiReda the reason she wants to withdraw her plea, but co-defense attorney Jason Widdison motioned her to silence. Gravis said the attorneys would file a plea withdrawal motion within a few days. "A motion to withdraw is not a guarantee,” Judge DiReda told Emile, explaining that prosecutors & defense attorneys will now make filings on the matter & argue it in another hearing. At that point the judge may accept the plea withdrawal or reject it. He said judges generally are less likely to accept withdrawal motions if they are not made soon after the plea. Gravis said Emile wants to withdraw her guilty plea & that he'll file the motion by Oct. 24. Prosecutors will have two weeks to file a response before the defense receives several more days to file any reply. Second District Judge Michael Direda will then review the motions & decide if he'll allow Emile to withdraw her guilty plea. He provisionally rescheduled her sentencing hearing for 1/23/23 for 5 days. The sentencing proceedings are scheduled for multiple days because they're also evidentiary hearings. Under the couple’s plea bargains, the capital offense provision was dropped, reducing the charge to a 1st degree felony. After sentencing hearings, they would be sentenced to 25 years to life in prison or life without the possibility of parole. However, if Emile’s motion is granted, her case would revert to the pretrial stage, with either a different plea bargain or a trial to follow. Judge Michael DiReda has scheduled a 11/8/22 hearing for arguments on the withdrawal motion. According to the Monday filing, a plea withdrawal may be granted only if the judge agrees and there is “a showing that it was not knowingly and voluntarily made.” Prosecutors have not yet replied to the filing.
*Miller Eric Costello (25/now 29) arrested & charged (1/17/18) & arraigned (5/14/18) with 1st degree felony aggravated murder. Plead not guilty; no bail. DA will seek DP. Trial was set to begin on 8/1/22 & was delayed to 2023 because of intellectual disability evaluation. Plead guilty (10/10/22) & sentencing from 2/6-2/14/23.

 

[Niner]

Prosecutors: Emile’s plea withdrawal attempt based on ‘fabrication’

OGDEN — Prosecutors have urged a judge to deny Brenda Emile’s bid to withdraw her guilty plea to her daughter’s murder, saying that the Ogden woman’s claim of coercion was “a recent fabrication.” On Aug. 19, the 27-year-old Emile agreed to a plea bargain, admitting to first-degree felony...

www.standard.net

Nov. 7, 2022

OGDEN — Prosecutors have urged a judge to deny Brenda Emile’s bid to withdraw her guilty plea to her daughter’s murder, saying that the Ogden woman’s claim of coercion was “a recent fabrication.”


On Aug. 19, the 27-year-old Emile agreed to a plea bargain, admitting to first-degree felony aggravated murder in return for the Weber County Attorney’s Office dropping its request for the death penalty.
[.....]
But at the start of her scheduled sentencing hearing on Oct. 24, Emile said she wanted to withdraw her plea. A week later, Emile’s attorneys filed a motion for the plea withdrawal, saying Emile’s mother in August had communicated to her an alleged threat from the Costello side of the family that said her surviving children would be harmed if she did not plead guilty.

Prosecutors last week filed a lengthy argument against the plea withdrawal motion, asserting that Emile had failed to meet her burden under state law to demonstrate that she did not “knowingly and voluntarily” plead guilty.

a lot more in the article.

 

[Niner]

Unfortunately, not finding ANYTHING current for yesterday's hearing.

Anyone here reading - or even following this case - anything in the U.S. about this case?
Wondering if the Judge granted or denied her change of plea...

TIA if anyone can help!

 

[Niner]

Ah! I got this article in my alerts!

Mother charged in abuse death of 3-year-old says she was threatened into taking plea deal

A mother charged with aggravated murder in the death of her 3-year-old daughter says she was threatened into accepting a guilty plea, and she wants to withdraw it.

www.ksl.com

Nov. 8, 2022

OGDEN — A mother charged with aggravated homicide in the malnourishment death of her 3-year-old daughter says she was threatened that she would have to "bury another kid" if she didn't accept a plea deal.

Portions of phone calls made while Brenda Emile, 28, was in jail will be translated from Romanian in order to investigate the claim, a judge ordered Tuesday.

Emile told 2nd District Court Judge Michael DiReda that prior to pleading guilty in August to aggravated murder, a first-degree felony, she received threats against her son during phone calls with family members.
[.....]
But prosecutor Letitia Toombs said her team has combed through Emile's jail phone calls and found no evidence of any threats made against Emile or her kids.
[.....]
Defense attorney Martin Gavis agreed that no threats were found in the English-language portions of the phone calls and said Emile's motion to withdraw her guilty plea was filed before his team received access to the calls. He said parts of the conversations were held in Romanian.
[.....]
Emile became agitated as DiReda and the attorneys began discussing where to find a translator and how long the translation process would take.

"I'll take the plea, your Honor," she said. "I don't want to withdraw (the guilty plea) if it's going to be this hard. ... I don't want to do it no more. It's my decision."

DiReda asked Emile to step out of the courtroom with her attorneys to discuss her options. When they returned, defense attorney Jason Widdison said Emile no longer wanted to withdraw her guilty plea.

But DiReda said Emile had raised serious allegations about the safety of her children and about the circumstances under which she accepted the guilty plea. He asked that the phone calls be translated, "time-inefficient as it may be," in order to avoid any doubt about how willingly she pleaded guilty.

The phone call translations will be discussed at Emile's next hearing, scheduled for Dec. 12.


more in the article.

 

[Niner]

Monday, December 12th:
*Motions Hearing (@ am MT) - UT - Angelina Costello (3) (July 6, 2017, Ogden) (Starved, burned & beaten to death; weighed 13 lbs.) – *Brenda “Ericka” Emile (22/now 26) arrested & charged (1/17/18) & arraigned (5/14/18) with 1st degree felony aggravated murder. 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 10/3/22 cancelled. Emile plead guilty on 8/19/22 to 2st degree felony aggravated murder & death penalty dismissed per plea agreement. Sentencing on 10/17 thru 10/28. Emile wants to withdraw her guilty plea. Judge DiReda will have a hearing to her motions. Provisional sentencing hearing on 1/23/23. (5 days).
Court info from 7/20/18 thru 8/19/22 reference post #138 here:
https://www.websleuths.com/forums/t...death-ogden-6-july-2017-arrests.342995/page-7
10/17/22 Update: Emile in court for what had been scheduled to be the start of a five-day sentencing hearing when her lead attorney, Martin Gravis, told Judge Michael DiReda of the change of plans. Emile started to tell DiReda the reason she wants to withdraw her plea, but co-defense attorney Jason Widdison motioned her to silence. Gravis said the attorneys would file a plea withdrawal motion within a few days. "A motion to withdraw is not a guarantee,” Judge DiReda told Emile, explaining that prosecutors & defense attorneys will now make filings on the matter & argue it in another hearing. At that point the judge may accept the plea withdrawal or reject it. He said judges generally are less likely to accept withdrawal motions if they are not made soon after the plea. Gravis said Emile wants to withdraw her guilty plea & that he'll file the motion by Oct. 24. Prosecutors will have two weeks to file a response before the defense receives several more days to file any reply. Second District Judge Michael Direda will then review the motions & decide if he'll allow Emile to withdraw her guilty plea. He provisionally rescheduled her sentencing hearing for 1/23/23 for 5 days. The sentencing proceedings are scheduled for multiple days because they're also evidentiary hearings. Under the couple’s plea bargains, the capital offense provision was dropped, reducing the charge to a 1st degree felony. After sentencing hearings, they would be sentenced to 25 years to life in prison or life without the possibility of parole. However, if Emile’s motion is granted, her case would revert to the pretrial stage, with either a different plea bargain or a trial to follow. Judge Michael DiReda has scheduled a 11/8/22 hearing for arguments on the withdrawal motion. According to the Monday filing, a plea withdrawal may be granted only if the judge agrees and there is “a showing that it was not knowingly and voluntarily made.” Prosecutors have not yet replied to the filing.
11/7/22: Prosecutors have urged a judge to deny Brenda Emile’s bid to withdraw her guilty plea to her daughter’s murder, saying that the Ogden woman’s claim of coercion was “a recent fabrication.” Prosecutors last week filed a lengthy argument against the plea withdrawal motion, asserting that Emile had failed to meet her burden under state law to demonstrate that she did not “knowingly & voluntarily” plead guilty. Prosecutors & Emile’s public defenders, Martin Gravis & Jason Widdison, are scheduled to argue the withdrawal motion before DiReda on Tuesday afternoon.
11/8/22 Update: Emile says she was threatened that she would have to "bury another kid" if she didn't accept a plea deal. Portions of phone calls made while Emile was in jail will be translated from Romanian in order to investigate the claim, a judge ordered Tuesday. Emile told 2nd District Court Judge Michael DiReda that prior to pleading guilty in August to aggravated murder, a first-degree felony, she received threats against her son during phone calls with family members. But prosecutor Letitia Toombs said her team has combed through Emile's jail phone calls & found no evidence of any threats made against Emile or her kids. Defense attorney Martin Gavis agreed that no threats were found in the English-language portions of the phone calls & said Emile's motion to withdraw her guilty plea was filed before his team received access to the calls. He said parts of the conversations were held in Romanian. Emile became agitated as DiReda & the attorneys began discussing where to find a translator & how long the translation process would take. "I'll take the plea, your Honor," she said. "I don't want to withdraw (the guilty plea) if it's going to be this hard. ... I don't want to do it no more. It's my decision." Judge DiReda asked Emile to step out of the courtroom with her attorneys to discuss her options. When they returned, defense attorney Jason Widdison said Emile no longer wanted to withdraw her guilty plea. But DiReda said Emile had raised serious allegations about the safety of her children & about the circumstances under which she accepted the guilty plea. He asked that the phone calls be translated, "time-inefficient as it may be," in order to avoid any doubt about how willingly she pleaded guilty. The phone call translations will be discussed at Emile's next hearing, scheduled for 12/12/22.
*Miller Eric Costello (25/now 29) arrested & charged (1/17/18) & arraigned (5/14/18) with 1st degree felony aggravated murder. Plead not guilty; no bail. DA will seek DP. Trial was set to begin on 8/1/22 & was delayed to 2023 because of intellectual disability evaluation. Plead guilty (10/10/22) & sentencing from 2/6/23-2/14/23.

 

[Niner]

Search for Romani dialect interpreter stalls in Ogden child murder case

OGDEN — Finding an interpreter of the Romani dialect spoken by murder suspect Brenda Emile has hit an apparent dead end, but a judge reminded the Ogden woman Monday that the onus is on her to demonstrate that she was threatened to plead guilty to killing her daughter. Emile, 28, pleaded guilty...

www.standard.net

Dec. 13, 2022
OGDEN — Finding an interpreter of the Romani dialect spoken by murder suspect Brenda Emile has hit an apparent dead end, but a judge reminded the Ogden woman Monday that the onus is on her to demonstrate that she was threatened to plead guilty to killing her daughter.
[.....]
She said the alleged threat was communicated to her by her mother in a phone conversation earlier in August, the claimed source of the threat being Miller Eric Costello, her husband, co-defendant and father of the slain girl. Costello later took his own plea bargain, admitting to the charge but placing the blame on Emile.


In return for the guilty pleas, prosecutors dropped their pursuit of the death penalty.


In a Nov. 8 hearing, Emile told 2nd District Judge Michael DiReda that she moved to withdraw her plea only after Costello made his plea. She said she feared Costello could get out of jail and harm their son.


DiReda said he would allow the plea withdrawal only if Emile could provide sufficient evidence of the threat. Prosecutors and defense attorneys said Monday they have reviewed 177 phone calls recorded on the Weber County Jail system involving Emile, her mother, other relatives or friends, saying there’s no evidence of a threat.
[.....]
However, in some of the calls, Emile and her mother briefly spoke in a Romani dialect, and public defender Jason Widdison since Nov. 8 has been trying to find an interpreter for those passages.
[.....]
“It is the state’s position that the call simply just doesn’t exist,” she said. “We could be continuing this out forever, but there’s no point in furthering this.”

“I’m trying to afford Ms. Emile her due process without entirely turning upside down our entire system,” DiReda said.

If translation cannot be obtained, the defense will have an opportunity to put on witnesses, including testimony by Emile and her mother, the judge said.
[.....]
Widdison asked for another week so he could talk to Emile to “pinpoint the call.” The next step would be an evidentiary hearing, probably in January.


If anyone can find the date in January in other articles - it would be very much appreciated!

 

[Niner]

Mother charged in brutal abuse death of 3-year-old can't withdraw guilty plea, judge says

A judge ruled Friday that an Ogden woman cannot withdraw her guilty plea to aggravated murder in the malnourishment death of her 3-year-old daughter.

www.ksl.com

Jan. 6, 2023

OGDEN — A mother charged with aggravated murder in the malnourishment death of her 3-year-old daughter cannot withdraw her guilty plea, a judge ruled Friday.

Brenda Emile, 28, was scheduled to be sentenced in October. But right before proceedings began, she asked to withdraw her guilty plea.

In subsequent weeks during multiple hearings, Emile changed her story numerous times. In November, Emile told 2nd District Court Judge Michael DiReda that prior to pleading guilty in August to aggravated murder, a first-degree felony, she received threats against her son during phone calls with family members.
[....]
During Friday's hearing, the judge said the calls couldn't be translated because the court translator was unfamiliar with the Romanian dialect in which Emile and her mother sometimes spoke.

Toombs played a 12-minute phone call between Emile and her mother from Aug. 16, 2022, in which Emile's mother is heard repeatedly pressuring Emile to not take the plea deal.
[.....]
DiReda said he prides himself on being thorough with the plea colloquy, asking additional questions not required by law. The court has been very patient with Emile and even "bent over backwards" to investigate her claims, he continued, but through the monthslong process, attorneys have never found a phone call from the jail containing even a suggestion that she was ever threatened.

"The court simply cannot pick and choose which statements are true and which statements are not true," DiReda said. "My view is that I simply cannot trust Ms. Emile's communications."


So - I am going to assume her sentencing date is still going to be 1/23/23.

 

[Niner]

here's another article with the sentencing date! Interesting article - more info than the first one above.

Guilty plea to murder stands; judge cites Emile’s ‘dishonest statements’

OGDEN — A judge declined Friday to allow Brenda Emile to withdraw her guilty plea to killing her 3-year-old daughter, saying the change of heart lacked credibility and was not backed up by evidence. Emile, 38, pleaded guilty Aug. 19 to the July 6, 2017, torture and starvation death of Angelina...

www.standard.net

Jan. 6, 2023
.....
As a result of the ruling, Emile’s multiple-day sentencing hearing will begin Jan. 23.

 

[Niner]

Haven't seen any updates on this case - so going to go with what I have as her sentencing date from the last article. And I will definitely shorten it up a bit!

Monday, January 23rd:
*Sentencing Hearing (@ am MT) - UT - Angelina Costello (3) (July 6, 2017, Ogden) (Starved, burned & beaten to death; weighed 13 lbs.) – *Brenda “Ericka” Emile (22/now 27) arrested & charged (1/17/18) & arraigned (5/14/18) with 1st degree felony aggravated murder. Plead not guilty; no bail. DA will seek DP. DP was dismissed per plea agreement 8/19/22.
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 10/3/22 cancelled. Emile plead guilty on 8/19/22 to 2st degree felony aggravated murder & death penalty dismissed per plea agreement. Sentencing on 10/17 thru 10/28. Emile wants to withdraw her guilty plea. Judge DiReda will have a hearing to her motions. Provisional sentencing hearing on 1/23/23. (5 days)
Court info from 7/20/18 thru 11/7/22 reference post #147 here:
https://www.websleuths.com/forums/t...death-ogden-6-july-2017-arrests.342995/page-8
11/8/22 Update: Emile says she was threatened that she would have to "bury another kid" if she didn't accept a plea deal. Portions of phone calls made while Emile was in jail will be translated from Romanian in order to investigate the claim, a judge ordered Tuesday. Emile told 2nd District Court Judge Michael DiReda that prior to pleading guilty in August to aggravated murder, a first-degree felony, she received threats against her son during phone calls with family members. But prosecutor Letitia Toombs said her team has combed through Emile's jail phone calls & found no evidence of any threats made against Emile or her kids. Defense attorney Martin Gavis agreed that no threats were found in the English-language portions of the phone calls & said Emile's motion to withdraw her guilty plea was filed before his team received access to the calls. He said parts of the conversations were held in Romanian. Emile became agitated as DiReda & the attorneys began discussing where to find a translator & how long the translation process would take. "I'll take the plea, your Honor," she said. "I don't want to withdraw (the guilty plea) if it's going to be this hard. ... I don't want to do it no more. It's my decision." Judge DiReda asked Emile to step out of the courtroom with her attorneys to discuss her options. When they returned, defense attorney Jason Widdison said Emile no longer wanted to withdraw her guilty plea. But DiReda said Emile had raised serious allegations about the safety of her children & about the circumstances under which she accepted the guilty plea. He asked that the phone calls be translated, "time-inefficient as it may be," in order to avoid any doubt about how willingly she pleaded guilty. The phone call translations will be discussed at Emile's next hearing, scheduled for 12/12/22.
12/12/22 Update: Finding an interpreter of the Romani dialect spoken by murder suspect Emile has hit an apparent dead end, but a judge reminded the Ogden woman Monday that the onus is on her to demonstrate that she was threatened to plead guilty to killing her daughter. Emile told 2nd District Judge Michael DiReda that she moved to withdraw her plea only after Costello made his plea. She said she feared Costello could get out of jail & harm their son. DiReda said he would allow the plea withdrawal only if Emile could provide sufficient evidence of the threat. Prosecutors & defense attorneys said Monday they have reviewed 177 phone calls recorded on the Weber County Jail system involving Emile, her mother, other relatives or friends, saying there’s no evidence of a threat. If translation cannot be obtained, the defense will have an opportunity to put on witnesses, including testimony by Emile & her mother, the judge said. Widdison asked for another week so he could talk to Emile to “pinpoint the call.” The next step would be an evidentiary hearing, probably in January. Hearing on 1/6/23.
1/6/23 Update: 2nd District Court Judge Michael DiReda ruled Emile cannot withdraw her guilty plea. Emile was scheduled to be sentenced in October. But right before proceedings began, she asked to withdraw her guilty plea. In subsequent weeks during multiple hearings, Emile changed her story numerous times. In November, Emile told that prior to pleading guilty in August to aggravated murder, a first-degree felony, she received threats against her son during phone calls with family members. During Friday's hearing, the judge said the calls couldn't be translated because the court translator was unfamiliar with the Romanian dialect in which Emile & her mother sometimes spoke. Toombs played a 12-minute phone call between Emile & her mother from Aug. 16, 2022, in which Emile's mother is heard repeatedly pressuring Emile to not take the plea deal. DiReda said he prides himself on being thorough with the plea colloquy, asking additional questions not required by law. The court has been very patient with Emile & even "bent over backwards" to investigate her claims, he continued, but through the months long process, attorneys have never found a phone call from the jail containing even a suggestion that she was ever threatened. "The court simply cannot pick and choose which statements are true and which statements are not true," DiReda said. "My view is that I simply cannot trust Ms. Emile's communications." Sentencing hearing on 1/23/23 & to run for 5 days.
*Miller Eric Costello (25/now 30) arrested & charged (1/17/18) & arraigned (5/14/18) with 1st degree felony aggravated murder. Plead not guilty; no bail. DA will seek DP. Trial was set to begin on 8/1/22 & was delayed to 2023 because of intellectual disability evaluation. Plead guilty (10/10/22) & sentencing from 2/6/23-2/14/23.

 

[PayrollNerd]

Nothing new on Angelina's Justice Facebook page unfortunately.

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See posts, photos and more on Facebook.

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[Niner]

Detective: On family videos, Angelina Costello ‘looks like a skeleton’

OGDEN — A former police detective testified Monday about the systematic psychological abuse, physical torture and ultimate starvation that Angelina Costello suffered at the hands of her parents, Miller Costello and Brenda Emile. Judge Michael DiReda began hearing evidence in a weeklong series of...

www.standard.net

Jan. 23, 2023

OGDEN — A former police detective testified Monday about the systematic psychological abuse, physical torture and ultimate starvation that Angelina Costello suffered at the hands of her parents, Miller Costello and Brenda Emile.


Judge Michael DiReda began hearing evidence in a weeklong series of 2nd District Court sessions to determine the sentences the pair will receive for first-degree aggravated murder in the July 7, 2017, death of their daughter. Costello and Emile pleaded guilty earlier this year in return for prosecutors dropping their pursuit of the death penalty.

Sitka Hrabal was an Ogden Police Department detective who was assigned to gather evidence from Costello and Emile’s phones. It was a shocking task, she recounted.
[.....]
Prosecutors played a dozen or more of the videos and asked Hrabal to describe the circumstances. Early on, Angelina looked happy, with “chubby cheeks,” Hrabal said.
[.....]
Prosecutors also had a letter read to the court from the adoptive mother of the couple’s oldest child, a boy who was about 4 years old at the time of his sister’s death. She said the boy has struggled with grief and feelings of guilt because Costello and Emile ordered him to participate in the abuse.

He witnessed the starvation. “One time, a piece of onion was on the floor and Angelina ate it, she was so hungry,” the boy said, according to the adoptive mother. The parents, the boy said, “used to hit us with wires” but directed most of their abuse at Angelina.


The boy, now almost 10 years old, hopes his biological parents never get out of prison because he fears they would come to kill him, the adoptive mother said.


A letter from a social worker who counseled the boy said the child was the one who found Angelina dead in her bed. “He got her favorite blanket for her because she was cold,” the social worker said. After the parents realized the girl was dead, “they ran around getting rid of drugs and the things they used to hurt her with,” the letter said.
[.....]
Prosecutor Letitia Toombs opened the state’s side of the sentencing hearing with details from the medical examiner’s testimony given during a preliminary hearing early in the case.

Burns, punctures, bruises, abrasions, fractures and “layers and layers of scare tissue” were found. “Very little of her body was left untouched,” from her head to her feet, Toombs said.
[.....]
Monday’s hearing ended with a contentious exchange about Hrabal’s testimony when asked by prosecutor Nicholas Caine how the case had affected her. Hrabal said she had investigated hundreds of child abuse cases, but in Angelina’s death, “I never saw anything like this. For me, this was a career ender. I’m not a cop anymore, after I had to watch what she went through.”

The detective said she has PTSD and underwent counseling.

Defense attorney Randall Marshall said it was not appropriate for police officers to be allowed to offer victim testimony. But DiReda overruled the objection, saying Hrabal’s testimony about what she went through “speaks volumes” about the gravity of the case. However, the judge did disallow the reading of letters from two other police officers, saying Hrabal’s testimony was sufficient.


I believe this continues on Tuesday, 1/24/23. Also it sounds like Costello's sentencing is happening at this hearing also.

 

[Niner]

I shall shorten both these up. I am adding Costello for these sentencing hearings as I believe he is also in court. I will combine them together for shorter notes.


Tuesday, January 24th:
*Sentencing Hearing (Day 2) (@ am MT) - UT - Angelina Costello (3) (July 6, 2017, Ogden) (Starved, burned & beaten to death; weighed 13 lbs.) – *Brenda “Ericka” Emile (22/now 27) arrested & charged (1/17/18) & arraigned (5/14/18) with 1st degree felony aggravated murder. Plead not guilty; no bail. DA will seek DP. DP was dismissed per plea agreement 8/19/22.
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 10/3/22 cancelled. Emile plead guilty on 8/19/22 to 2st degree felony aggravated murder & death penalty dismissed per plea agreement. Sentencing on 10/17 thru 10/28. Emile wants to withdraw her guilty plea. Judge DiReda will have a hearing to her motions. Provisional sentencing hearing on 1/23/23. (5 days)
Court info from 7/20/18 thru 1/6/23 reference post #151 here:
https://www.websleuths.com/forums/t...death-ogden-6-july-2017-arrests.342995/page-8
1/6/23 Update: 2nd District Court Judge Michael DiReda ruled Emile cannot withdraw her guilty plea. DiReda said he prides himself on being thorough with the plea colloquy, asking additional questions not required by law. The court has been very patient with Emile & even "bent over backwards" to investigate her claims, he continued, but through the months long process, attorneys have never found a phone call from the jail containing even a suggestion that she was ever threatened. "The court simply cannot pick and choose which statements are true and which statements are not true," DiReda said. "My view is that I simply cannot trust Ms. Emile's communications." Sentencing hearing on 1/23/23 & to run for 5 days.
1/23/23 Update: Judge Michael DiReda began hearing evidence in a weeklong series of 2nd District Court sessions to determine the sentences the pair will receive for 1st degree aggravated murder in the July 7, 2017, death of their daughter. Costello & Emile pleaded guilty earlier this year in return for prosecutors dropping their pursuit of the death penalty. Prosecutor Letitia Toombs opened the state’s side of the sentencing hearing with details from the medical examiner’s testimony given during a preliminary hearing early in the case. Burns, punctures, bruises, abrasions, fractures & “layers and layers of scare tissue” were found. “Very little of her body was left untouched,” from her head to her feet, Toombs said. A former Ogden police detective Sitka Hrabel testified Monday about the systematic psychological abuse, physical torture & ultimate starvation that Angelina Costello suffered at the hands of her parents, Costello & Emile. Hrabal was an Ogden Police Dept. detective who was assigned to gather evidence from Costello & Emile’s phones. It was a shocking task, she recounted. Prosecutors played a dozen or more of the videos & asked Hrabal to describe the circumstances. Early on, Angelina looked happy, with “chubby cheeks,” Hrabal said. Prosecutors also had a letter read to the court from the adoptive mother of the couple’s oldest child, a boy who was about 4 years old at the time of his sister’s death. She said the boy has struggled with grief & feelings of guilt because Costello & Emile ordered him to participate in the abuse. He witnessed the starvation. “One time, a piece of onion was on the floor & Angelina ate it, she was so hungry,” the boy said, according to the adoptive mother. The parents, the boy said, “used to hit us with wires” but directed most of their abuse at Angelina. The boy, now almost 10 years old, hopes his biological parents never get out of prison because he fears they would come to kill him, the adoptive mother said. A letter from a social worker who counseled the boy said the child was the one who found Angelina dead in her bed. “He got her favorite blanket for her because she was cold,” the social worker said. After the parents realized the girl was dead, “they ran around getting rid of drugs & the things they used to hurt her with,” the letter said. Monday’s hearing ended with a contentious exchange about Hrabal’s testimony when asked by prosecutor Nicholas Caine how the case had affected her. Hrabal said she had investigated hundreds of child abuse cases, but in Angelina’s death, “I never saw anything like this. For me, this was a career ender. I’m not a cop anymore, after I had to watch what she went through.” The detective said she has PTSD & underwent counseling. Defense attorney Randall Marshall said it was not appropriate for police officers to be allowed to offer victim testimony. But DiReda overruled the objection, saying Hrabal’s testimony about what she went through “speaks volumes” about the gravity of the case. However, the judge did disallow the reading of letters from two other police officers, saying Hrabal’s testimony was sufficient. Sentencing phase continues on 1/24/23.

ALSO:
*Sentencing Hearing (Day 2) (@ am MT) - UT - Angelina Costello (3) (July 6, 2017, Ogden) (Starved, burned & beaten to death; weighed 13 lbs.) – *Miller Eric Costello (25/now 29) 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 8/1/22 for Costello only & delayed to 2023 because of intellectual disability evaluation. Trial now set to begin on 1/30/23 & was vacated when Miller plead guilty on 10/7/22. Sentencing on 1/23/23 (to run for 5 days).
Court info from 7/20/18 thru 5/20/21 reference post #128 here:
https://www.websleuths.com/forums/t...death-ogden-6-july-2017-arrests.342995/page-7
8/1/22 Monday, Trial Day 1: Trial was cancelled for mental evaluation of Costello.
8/17/22 Update: Costello is scheduled to go on trial 1/30/23 thru 3/3/23. First, a two-part hearing is scheduled for 11/29/22 & 12/9/22 on an evaluation of Costello’s intellectual capacity. His attorney, Randall Marshall, in May filed a motion contending that Costello is intellectually disabled — a finding that, if confirmed, may make Costello ineligible for capital punishment. In the upcoming “Atkins hearing,” DiReda will consider arguments over Costello’s mental capacity, informed in part by state psychiatric evaluations that have been in progress. In the case of Atkins v. Virginia, the U.S. Supreme Court in 2002 ruled that executions of mentally deficient criminals are “cruel & unusual punishments” prohibited by the Eighth Amendment.
10/10/22 Update: Costello has plead guilty to 1st degree aggravated murder, thereby avoiding potential capital punishment. The plea deal acknowledges the starvation, beatings & other injuries that the child endured over more than a year. Randall Marshall, Costello’s public defender, said Monday the plea bargain came as attorneys were in court last week conducting an Atkins hearing, in which Costello’s level of intellectual capacity was being determined. A U.S. Supreme Court precedent says execution of intellectually deficient prisoners is cruel & unusual punishment banned by the Eighth Amendment. Asked about the plea bargain, Marshall said, “It’s in everyone’s interests to get this case resolved.” Under the couple’s plea bargains, the capital offense provision is dropped, reducing the charge to a 1st degree felony. After sentencing hearings — 10/17-28/22 for Emile & 2/6-14/23 for Costello — they will be sentenced to 25 years to life in prison or life without the possibility of parole. The sentencing proceedings are scheduled for multiple days because they're also evidentiary hearings. Sentencing date change to 1/23/23.
1/23/23 Update: Judge Michael DiReda began hearing evidence in a weeklong series of 2nd District Court sessions to determine the sentences the pair will receive for 1st degree aggravated murder in the July 7, 2017, death of their daughter. Costello & Emile pleaded guilty earlier this year in return for prosecutors dropping their pursuit of the death penalty. Prosecutor Letitia Toombs opened the state’s side of the sentencing hearing with details from the medical examiner’s testimony given during a preliminary hearing early in the case. Burns, punctures, bruises, abrasions, fractures & “layers and layers of scare tissue” were found. “Very little of her body was left untouched,” from her head to her feet, Toombs said. A former Ogden police detective Sitka Hrabel testified Monday about the systematic psychological abuse, physical torture & ultimate starvation that Angelina Costello suffered at the hands of her parents, Costello & Emile. Hrabal was an Ogden Police Dept. detective who was assigned to gather evidence from Costello & Emile’s phones. It was a shocking task, she recounted. Prosecutors played a dozen or more of the videos & asked Hrabal to describe the circumstances. Early on, Angelina looked happy, with “chubby cheeks,” Hrabal said. Prosecutors also had a letter read to the court from the adoptive mother of the couple’s oldest child, a boy who was about 4 years old at the time of his sister’s death. She said the boy has struggled with grief & feelings of guilt because Costello & Emile ordered him to participate in the abuse. He witnessed the starvation. “One time, a piece of onion was on the floor & Angelina ate it, she was so hungry,” the boy said, according to the adoptive mother. The parents, the boy said, “used to hit us with wires” but directed most of their abuse at Angelina. The boy, now almost 10 years old, hopes his biological parents never get out of prison because he fears they would come to kill him, the adoptive mother said. A letter from a social worker who counseled the boy said the child was the one who found Angelina dead in her bed. “He got her favorite blanket for her because she was cold,” the social worker said. After the parents realized the girl was dead, “they ran around getting rid of drugs & the things they used to hurt her with,” the letter said. Monday’s hearing ended with a contentious exchange about Hrabal’s testimony when asked by prosecutor Nicholas Caine how the case had affected her. Hrabal said she had investigated hundreds of child abuse cases, but in Angelina’s death, “I never saw anything like this. For me, this was a career ender. I’m not a cop anymore, after I had to watch what she went through.” The detective said she has PTSD & underwent counseling. Defense attorney Randall Marshall said it was not appropriate for police officers to be allowed to offer victim testimony. But DiReda overruled the objection, saying Hrabal’s testimony about what she went through “speaks volumes” about the gravity of the case. However, the judge did disallow the reading of letters from two other police officers, saying Hrabal’s testimony was sufficient. Sentencing phase continues on 1/24/23.

 

[Niner]

Pediatric expert testifies about depths of abuse suffered by murdered Ogden toddler

OGDEN — Three-year-old Angelina Costello’s last few months alive were a fog of pain, starvation and extreme psychological abuse, an expert on pediatric development testified Tuesday in the aggravated murder sentencing hearing for the toddler’s parents. At the conclusion of a week of hearings...

www.standard.net

Jan. 24, 2023

OGDEN — Three-year-old Angelina Costello’s last few months alive were a fog of pain, starvation and extreme psychological abuse, an expert on pediatric development testified Tuesday in the aggravated murder sentencing hearing for the toddler’s parents.


At the conclusion of a week of hearings, 2nd District Judge Michael DiReda will sentence Miller Costello, 30, and Brenda Emile 28, to either 25 years to life in prison or life in prison without the possibility of parole. The defendants took plea bargains to avoid the death penalty.

Tuesday’s hearing focused on what the expert described as the “catastrophic” decline in the last 15 months of the Ogden girl’s life, as chronicled by the parents in phone videos and photos. Angelina died on July 7, 2017.


Dr. Antoinette Laskey, a pediatrics professor at the University of Utah School of Medicine, chief of the Center for Safety and Healthy Families at Primary Children’s Hospital and medical director of the Children’s Justice Centers of Utah, testified as an expert witness for the prosecution.
[.....]
Tuesday’s hearing started more than a half-hour late after Emile refused to be transported from the Weber County Jail to the state courthouse downtown. Jason Widdison, one of Emile’s attorneys, told the judge that she has “struggled with her mental health at the jail.” She wanted to speak to a jail mental health counselor before coming to court, and those services normally are available only at 2 p.m. each day, he said.

“She feels like she is not able to control her emotions now in court,” Widdison said.

Emile arrived later and there were no apparent issues in Tuesday’s hearing. DiReda on Monday admonished Emile against “outbursts” after she shouted at Costello at the other end of the defense table.


A lot more in article.

 

[Niner]

Wednesday, January 25th:
*Sentencing Hearing (Day 2) for both (@ am MT) - UT - Angelina Costello (3) (July 6, 2017, Ogden) (Starved, burned & beaten to death; weighed 13 lbs.) – *Brenda “Ericka” Emile (22/now 27) arrested & charged (1/17/18) & arraigned (5/14/18) with 1st degree felony aggravated murder. Plead not guilty; no bail. DA will seek DP. DP was dismissed per plea agreement 8/19/22.
*Miller Eric Costello (25/now 29) 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 10/3/22 cancelled. Emile plead guilty on 8/19/22 to 1st degree felony aggravated murder & death penalty dismissed per plea agreement. Sentencing on 10/17 thru 10/28. Emile wants to withdraw her guilty plea. Judge DiReda will have a hearing to her motions. Provisional sentencing hearing on 1/23/23. (5 days)
Trial was set to begin 8/1/22 for Costello only & delayed to 2023 because of intellectual disability evaluation. Trial now set to begin on 1/30/23 & was vacated when Miller plead guilty on 10/7/22. Sentencing phase on 1/23/23 to 1/27/23.
Court info from 7/20/18 thru 1/6/23 & sentencing phase Day 1 (1/23/23) reference post #154 here:
https://www.websleuths.com/forums/t...death-ogden-6-july-2017-arrests.342995/page-8
1/24/23 Sentencing Phase Day 2: Dr. Antoinette Laskey, a pediatrics professor at the University of Utah School of Medicine, chief of the Center for Safety & Healthy Families at Primary Children’s Hospital & medical director of the Children’s Justice Centers of Utah, testified as an expert witness for the prosecution.
2nd District Judge Michael DiReda will sentence Costello & Emile 28 to either 25 years to life in prison or life in prison without the possibility of parole. The defendants took plea bargains to avoid the death penalty. Tuesday’s hearing focused on what the expert described as the “catastrophic” decline in the last 15 months of the Ogden girl’s life, as chronicled by the parents in phone videos and photos. Angelina died on July 7, 2017. Tuesday’s hearing started more than a half-hour late after Emile refused to be transported from the Weber County Jail to the state courthouse downtown. Jason Widdison, one of Emile’s attorneys, told the judge that she has “struggled with her mental health at the jail.” She wanted to speak to a jail mental health counselor before coming to court & those services normally are available only at 2pm each day, he said. “She feels like she is not able to control her emotions now in court,” Widdison said. Emile arrived later & there were no apparent issues in Tuesday’s hearing. DiReda on Monday admonished Emile against “outbursts” after she shouted at Costello at the other end of the defense table.
For more info see post #155 (article) here:
https://www.websleuths.com/forums/t...death-ogden-6-july-2017-arrests.342995/page-8
Sentencing phase continues on 1/25/23.

 

[Niner]

Defense mitigation specialist testifies of Emile’s ‘tumultuous’ life

OGDEN — Brenda Emile had a secretive and abusive family background complicated by the Romani culture, a mitigation specialist testified Wednesday in the Ogden woman’s aggravated murder sentencing hearing. James Whitman recommended to 2nd District Judge Michael DiReda that Emile, 28, be given a...

www.standard.net

Jan. 25, 2023

OGDEN — Brenda Emile had a secretive and abusive family background complicated by the Romani culture, a mitigation specialist testified Wednesday in the Ogden woman’s aggravated murder sentencing hearing.


James Whitman recommended to 2nd District Judge Michael DiReda that Emile, 28, be given a chance to someday be paroled so she can finally “experience a period of stability in her life.”

Whitman was called to testify as Emile’s defense opened her side of the case at her weeklong sentencing hearing. She pleaded guilty to first-degree felony aggravated murder last summer, thereby avoiding the death penalty for the torture and starvation death of her daughter, Angelina Costello, 3, on July 7, 2017.
[.....]
Whitman said Emile deserves to be spared from a life prison term because she is remorseful and she will be able to achieve personal development while in prison, away from the destructive ties that have influenced her.


Prosecutor Branden Miles and DiReda expressed skepticism about the validity of Emile’s claimed past influences.
[.....]
On Monday and Tuesday, prosecution witnesses detailed the extreme physical and emotional abuse and the fatal starvation that Angelina endured over the last 1 ½ years of her life.

Another defense witness will be called when the sentencing resumes Friday [1/27/23].

 

[Niner]

Friday, January 27th:
*Sentencing Hearing (Day 4) for both (@ am MT) - UT - Angelina Costello (3) (July 6, 2017, Ogden) (Starved, burned & beaten to death; weighed 13 lbs.) – *Brenda “Ericka” Emile (22/now 27) arrested & charged (1/17/18) & arraigned (5/14/18) with 1st degree felony aggravated murder. Plead not guilty; no bail. DA will seek DP. DP was dismissed per plea agreement 8/19/22.
*Miller Eric Costello (25/now 29) 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 10/3/22 cancelled. Emile plead guilty on 8/19/22 to 1st degree felony aggravated murder & death penalty dismissed per plea agreement. Sentencing on 10/17 thru 10/28. Emile wants to withdraw her guilty plea. Judge DiReda will have a hearing to her motions. Provisional sentencing hearing on 1/23/23. (5 days)
Trial was set to begin 8/1/22 for Costello only & delayed to 2023 because of intellectual disability evaluation. Trial now set to begin on 1/30/23 & was vacated when Miller plead guilty on 10/7/22. Sentencing phase on 1/23/23 to 1/27/23.
Court info from 7/20/18 thru 1/6/23 & sentencing phase Day 1-2 (1/23 to 1/24/23) reference post #156 here:
https://www.websleuths.com/forums/t...death-ogden-6-july-2017-arrests.342995/page-8
1/25/23 Sentencing Phase Day 3: Defense witness: Mitigation specialist James Whitman recommended to 2nd District Judge Michael DiReda that Emile be given a chance to someday be paroled so she can finally “experience a period of stability in her life.” Whitman was called to testify as Emile’s defense opened her side of the case at her week long sentencing hearing. Whitman said Emile deserves to be spared from a life prison term because she is remorseful & she will be able to achieve personal development while in prison, away from the destructive ties that have influenced her. Prosecutor Branden Miles & Judge DiReda expressed skepticism about the validity of Emile’s claimed past influences.On Monday & Tuesday, prosecution witnesses detailed the extreme physical & emotional abuse and the fatal starvation that Angelina endured over the last 1 ½ years of her life. Another defense witness will be called when the sentencing resumes Friday, 1/27/23.
For more info see post #157 (article) here:
https://www.websleuths.com/forums/t...death-ogden-6-july-2017-arrests.342995/page-8

 

[Niner]

Psychologist: Murderous parents viewed toddler daughter as defective, ‘cursed’

OGDEN — A clinical psychologist testified Friday that a descent into drug addiction and an apparent belief that a prematurely born child was “cursed” played a part in the systematic torture and starvation death of a 3-year-old Ogden girl. Lawrence Beall, an expert witness called by the defense...

www.standard.net

Jan. 27, 2023

OGDEN — A clinical psychologist testified Friday that a descent into drug addiction and an apparent belief that a prematurely born child was “cursed” played a part in the systematic torture and starvation death of a 3-year-old Ogden girl.

Lawrence Beall, an expert witness called by the defense, spoke on behalf of Brenda Emile, 28, who is being sentenced for aggravated murder in the July 6, 2017, death of Angelina Costello. He said Emile’s background in the Romani culture, a dysfunctional family upbringing and a domestic violence-impacted marriage also affected Emile.

Beall said that in the Romani culture, a suspicion of mental disorder or physical defect can be “considered a curse. It singles out this person as worthy of being hurt.”
[.....]
Second District Judge Michael DiReda will pronounce sentence on Emile and Costello on Feb. 3. Under state law, there are two options for the sentence: 25 years to life in prison or life in prison without the possibility of parole.
[.....]
Another member of the Weber County prosecution team, Letitia Toombs, urged DiReda during her closing arguments to cut through the volume of what Emile has said and what the defense excerpts have said about her, and focus on her actions.

 

[Niner]

I did not realize they met on Tues, 1/31 - but will add all this in my notes. Did not realize that Leiva's attorney would be calling witnesses.

Prosecutor: Costello ‘no shrinking violet,’ deserves life sentence

OGDEN — A prosecutor urged the sentencing judge on Tuesday to focus on Miller Eric Costello’s documented torture of his daughter, not the defense’s arguments that he was “a follower, not a leader,” and that he suffers from an intellectual disability. “He is a thinking, acting, adult human being...

www.standard.net

Jan. 31, 2023

OGDEN — A prosecutor urged the sentencing judge on Tuesday to focus on Miller Eric Costello’s documented torture of his daughter, not the defense’s arguments that he was “a follower, not a leader,” and that he suffers from an intellectual disability.

“He is a thinking, acting, adult human being who does what he wants,” Letitia Toombs, a Weber County Attorney’s Office prosecutor, said of Costello, seen in a series of phone videos that documented the long-term torture and starvation of 3-year-old Angelina Costello.
[.....]
Costello’s attorneys and an expert witness argued earlier Tuesday that Costello had been examined by state psychiatrists who determined he had a low IQ and had a level of intellectual disability. They argued that Costello was terrorized by Emile’s family and that he was on the road working when much of the abuse occurred.
[.....]
Second District Judge Michael DiReda will sentence Costello and Emile on Friday. The lesser choice of sentence given under state law is 25 years to life in prison, which leaves open the chance for parole at some point if an inmate demonstrates being worthy of the chance.

Defense attorney Randall Marshall said with a sentence of life without parole, “In a sense, the court is saying this is a throwaway person, that they have no place in society and we’ll just warehouse them.” That forecloses “the opportunity to set the path in the right direction.”
[.....]
DiReda said he was not indicting which sentence he will choose, but he said, “It is a painful irony that both (Costello) and Ms. Emile are asking to be afforded that which they weren’t willing to give their daughter: Hope. They gave her nothing.”
[.....]
Susan Lehmann was the opening witness as Costello’s attorneys began their effort to demonstrate mitigating circumstances.


A TON more in the article.