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Just got an alert...
Geez...
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.
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...
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.