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

[PayrollNerd]

I'll poke around and see if I can find anything..... stay tuned.

Nothing current on Angelina's Facebook page.....

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[PayrollNerd]

I did not find any current articles unfortunately. I also looked at the court site again and it still requires a subscription.

 

[Niner]

Thank you taking the time to look this up @PayrollNerd - much appreciated!

 

[Niner]

I just did a post at Angelina's FB - to see what is going on with this case... will see anyone answers me!

 

[Niner]

Well - I finally got an article in my alerts. Looks like he had a hearing on Friday, so I'm going to post my notes after this.

Defendant in Ogden death penalty case claims intellectual disability

OGDEN — Attorneys for an Ogden man facing a death penalty trial are having him evaluated for intellectual disability, raising the possibility that the capital punishment option could be eliminated. Miller Costello, 30, and his wife, Brenda Emile, are charged with first-degree felony aggravated...

www.standard.net

May 20, 2022
OGDEN — Attorneys for an Ogden man facing a death penalty trial are having him evaluated for intellectual disability, raising the possibility that the capital punishment option could be eliminated.
[.....]
During a 2nd District Court hearing on Friday afternoon, Judge Michael DiReda acknowledged a motion filed Wednesday by Costello’s attorney, Randall Marshall. The motion said Costello “intends to claim, and to offer evidence, that he is exempt from the death penalty” due to intellectual disability.
[.....]
Marshall said defense experts have evaluated Costello for the disability, and DiReda said he would take the next step as determined by state law: A court request to the Utah Department of Health and Human Services to assign at least two experts to evaluate Costello.

If the state experts report that Costello has the disability, Weber County prosecutors would have the option of rebutting the finding with additional expert evaluation. This process could take several months, which led DiReda to cancel Costello’s scheduled August trial. The trial now might not be held until 2023.

DiReda said he was perplexed about why Costello’s defense team had not raised the intellectual ability issue until now, nearly five years after the crime.

“It should have been done sooner,” responded Marshall, a court-appointed attorney who handles numerous murder cases in the Ogden court. “I don’t make excuses, but there was quite a period of time during COVID that I struggled.”

Emile is scheduled to go on trial in October. She and Costello have been held in the Weber County Jail since their daughter’s death.


Brenda Emile trial in October - did not know that. If anyone finds a date - that would be great!

 

[Niner]

Just to keep my notes straight! If someone here reading can access Weber County I have left the court case # below.

Friday, May 20th:
*Motion Hearing (for Costello) (@ 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. Weber County jail Ogden’s 2nd District Court Case #171901546
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.
Costello: Trial set to begin 8/1/22 (7-week trial). Emile: Trial set to begin in October.
Court info from 7/20/18 thru 5/4/21 reference post #113 here:
https://www.websleuths.com/forums/t...death-ogden-6-july-2017-arrests.342995/page-6
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.
5/20/22 Update: During a 2nd District Court hearing on Friday afternoon 5/20/22, Judge Michael DiReda acknowledged a motion filed Wednesday by Costello’s attorney, Randall Marshall. The motion said Costello “intends to claim, & to offer evidence, that he is exempt from the death penalty” due to intellectual disability. Marshall said defense experts have evaluated Costello for the disability & DiReda said he would take the next step as determined by state law: A court request to the Utah Dept. of Health & Human Services to assign at least two experts to evaluate Costello. If the state experts report that Costello has the disability, Weber County prosecutors would have the option of rebutting the finding with additional expert evaluation. This process could take several months, which led DiReda to cancel Costello’s scheduled August trial. The trial now might not be held until 2023. Emile is scheduled to go on trial in October.

 

[Niner]

This is the latest article I have found - April 11, 2022

Parents From Hell: Miller Eric Costello and Brenda Emile charged with the child abuse homicide of their 3-year-old daughter Angelina; State seeking the death penalty

Angelina Costello Find-A-Grave: Angelina Costello Facebook: Angelina’s Justice Utah man, woman booked into jail on suspicion of killing 3-year-old daughter Utah Couple Accused Of Taunting The…

mylifeofcrime.wordpress.com

and it shows:

Defendants
Miller Eric Costello – awaiting trial 8/1/2022
Brenda Emile – awaiting trial 8/1/2022

 

[Niner]

Not too sure of this one - it "might" be delayed because of a "intellectual disability evaluation" for Costello. I shall post this JUST in case it is still a go... couldn't find any updates on the FB for this case.

Monday, August 1st:
*Trial set to begin (for Costello only) (@ am MT) - UT - Angelina Costello (3) (July 6, 2017, Ogden) (Starved, burned & beaten to death; weighed 13 lbs.) – only for *Miller Eric Costello (25/now 29) & *Brenda “Ericka” Emile (22/now 26) 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 for Costello only & might be delayed to 2023 because of intellectual disability evaluation. (7-week trial). Emile trial start in October, no specific date.
Court info from 7/20/18 thru 5/4/21 reference post #113 here:
https://www.websleuths.com/forums/t...death-ogden-6-july-2017-arrests.342995/page-6
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.
5/20/22 Update: During a 2nd District Court hearing on Friday afternoon 5/20/22, Judge Michael DiReda acknowledged a motion filed Wednesday by Costello’s attorney, Randall Marshall. The motion said Costello “intends to claim, & to offer evidence, that he is exempt from the death penalty” due to intellectual disability. Marshall said defense experts have evaluated Costello for the disability & DiReda said he would take the next step as determined by state law: A court request to the Utah Dept. of Health & Human Services to assign at least two experts to evaluate Costello. If the state experts report that Costello has the disability, Weber County prosecutors would have the option of rebutting the finding with additional expert evaluation. This process could take several months, which led DiReda to cancel Costello’s scheduled August trial. The trial now might not be held until 2023. Emile is scheduled to go on trial in October.
5/20/22 Update: For Costello – next trial set to begin on 8/1/22.

 

[Niner]

I won't post anymore dates for trial - until maybe someone can find out what is going on with this case.

Unfortunately, I am not coming up with any recent articles....

 

[PayrollNerd]

I won't post anymore dates for trial - until maybe someone can find out what is going on with this case.

Unfortunately, I am not coming up with any recent articles....

Did you read the latest comments under the June 1, 2021 Facebook post?

 

[Niner]

Did you read the latest comments under the June 1, 2021 Facebook post?

I just did... I did not think the trial was going to happen actually. I have in my notes about his mental evaluation. So we wait - again....

 

[Niner]

Finally another updated article!

Emile to take plea bargain in daughter’s murder, avoiding death penalty

OGDEN — When 3-year-old Angelina Costello died, she was emaciated and had cigarette burns around her body, one dabbed with makeup to conceal it. Five years later, her mother, Brenda Emile, who has spent most of her 20s in the Weber County Jail, has agreed to plead guilty to murder to avoid the...

www.standard.net

August 17, 2022

OGDEN — When 3-year-old Angelina Costello died, she was emaciated and had cigarette burns around her body, one dabbed with makeup to conceal it. Five years later, her mother, Brenda Emile, who has spent most of her 20s in the Weber County Jail, has agreed to plead guilty to murder to avoid the death penalty.


During a routine pretrial hearing on Tuesday afternoon, Emile’s attorney, Martin Gravis, asked Judge Michael DiReda for a brief pause so he could speak to his client privately. When the hearing resumed, Gravis signaled that Emile is prepared to plead guilty to first-degree felony aggravated murder, and in return prosecutors will agree to drop their pursuit of a death sentence.

“At what point are we going to take a plea?” DiReda asked. Prosecutor Letitia Toombs of the Weber County Attorney’s Office confirmed that Emile has accepted the prosecution’s plea bargain offer, which “takes the death penalty off the table.”


DiReda scheduled a hearing for 3:30 p.m. Friday [8/19/22] to formalize the plea bargain. He said he would not cancel Emile’s scheduled Oct. 3-Nov. 4 trial until the Friday hearing.

Toombs said the charge against Emile now will be treated as a first-degree felony aggravated murder, subject to 25 years to life in prison or life without the possibility of parole.

 

[Niner]

Oops - should have read further - from the same above article - re Costello


Costello is scheduled to go on trial Jan. 30 through March 3, 2023. First, a two-part hearing is scheduled for Nov. 29 and Dec. 9 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 and unusual punishments” prohibited by the Eighth Amendment.

 

[Niner]

Friday, August 19th:
*Plea Agreement Hearing (@ 3:30pm 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 set to begin on 10/3/22. (thru 11/3/22).
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
8/16/22 Update: Emile, who has spent most of her 20s in the Weber County Jail, has agreed to plead guilty to murder to avoid the death penalty. During a routine pretrial hearing on Tuesday [8/16/22] afternoon, Emile’s attorney, Martin Gravis, asked Judge Michael DiReda for a brief pause so he could speak to his client privately. When the hearing resumed, Gravis signaled that Emile is prepared to plead guilty to first-degree felony aggravated murder & in return prosecutors will agree to drop their pursuit of a death sentence. “At what point are we going to take a plea?” DiReda asked. Prosecutor Letitia Toombs of the Weber County Attorney’s Office confirmed that Emile has accepted the prosecution’s plea bargain offer, which “takes the death penalty off the table.” Judge DiReda scheduled a hearing for 3:30 p.m. Friday, 8/19/22 to formalize the plea bargain. He said he would not cancel Emile’s scheduled Oct. 3-Nov. 4 trial until the Friday hearing. Toombs said the charge against Emile now will be treated as a first-degree felony aggravated murder, subject to 25 years to life in prison or life without the possibility of parole.
*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. Evaluation hearing on 11/29/22 & 12/9/22 & trial set to begin on 1/30/23.

 

[Niner]

Emile admits to aggravated murder of daughter; death penalty avoided

OGDEN — In a deal with prosecutors that lets her avoid capital punishment, Brenda Emile pleaded guilty on Friday to first-degree felony aggravated murder in the death of her 3-year-old daughter. Emile, 27, will face sentencing Oct. 17-28 in 2nd District Court before Judge Michael DiReda. The...

www.standard.net

August 19, 2022

OGDEN — In a deal with prosecutors that lets her avoid capital punishment, Brenda Emile pleaded guilty on Friday to first-degree felony aggravated murder in the death of her 3-year-old daughter.

Emile, 27, will face sentencing Oct. 17-28 in 2nd District Court before Judge Michael DiReda. The plea bargain between the Weber County Attorney’s Office and defense attorney Martin Gravis keeps the charge as a first-degree felony. But the prosecution dropped its request for the death penalty in return for the guilty plea.

Emile, who has been in the Weber County Jail since shortly after Angelina Costello’s death on July 6, 2017, will be sentenced to either 25 years to life in prison or life in prison without the possibility of parole.

 

[Niner]

Curious WHY sentencing is going to take 2 weeks?? I have seen maybe a couple of days, but never 2 weeks...

 

[Niner]

Well - he got smart too...

Costello pleads guilty in daughter’s starvation, beating death

OGDEN — Miller Costello has pleaded guilty to first-degree aggravated murder in the 2017 death of his 3-year-old daughter, thereby avoiding potential capital punishment. The plea deal acknowledges the starvation, beatings and other injuries that the child endured over more than a year...

www.standard.net

Oct. 10, 2022
OGDEN — Miller Costello has pleaded guilty to first-degree aggravated murder in the 2017 death of his 3-year-old daughter, thereby avoiding potential capital punishment. The plea deal acknowledges the starvation, beatings and other injuries that the child endured over more than a year.
[.....]
Randall Marshall, the 30-year-old 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 and 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.” He had no further comment. Efforts to contact prosecutor Nicholas Caine of the Weber County Attorney’s Office were not immediately successful.
[.....]
Under the couple’s plea bargains, the capital offense provision is dropped, reducing the charge to a first-degree felony. After sentencing hearings — Oct. 17-28 for Emile and Feb. 6-14, 2023, for Costello — they will be sentenced to 25 years to life in prison or life without the possibility of parole.

 

[Niner]

Monday, October 17th:
*Sentencing Hearing (Day 1 of 10) (@ 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.
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
8/16/22 Update: Emile, who has spent most of her 20s in the Weber County Jail, has agreed to plead guilty to murder to avoid the death penalty. During a routine pretrial hearing on Tuesday [8/16/22] afternoon, Emile’s attorney, Martin Gravis, asked Judge Michael DiReda for a brief pause so he could speak to his client privately. When the hearing resumed, Gravis signaled that Emile is prepared to plead guilty to first-degree felony aggravated murder & in return prosecutors will agree to drop their pursuit of a death sentence. “At what point are we going to take a plea?” DiReda asked. Prosecutor Letitia Toombs of the Weber County Attorney’s Office confirmed that Emile has accepted the prosecution’s plea bargain offer, which “takes the death penalty off the table.” Judge DiReda scheduled a hearing for 3:30 p.m. Friday, 8/19/22 to formalize the plea bargain. He said he would not cancel Emile’s scheduled Oct. 3-Nov. 4 trial until the Friday hearing. Toombs said the charge against Emile now will be treated as a first-degree felony aggravated murder, subject to 25 years to life in prison or life without the possibility of parole.
8/19/22 Update: In a deal with prosecutors that lets her avoid capital punishment, Emile plead guilty on Friday to 1st degree felony aggravated murder in the death of her 3-year-old daughter. Emile will face sentencing 10/17 to 10/28/22 in 2nd District Court before Judge Michael DiReda. The plea bargain between the Weber County Attorney’s Office & defense attorney Martin Gravis keeps the charge as a 1st degree felony. But the prosecution dropped its request for the death penalty in return for the guilty plea. Emile, who has been in the Weber County Jail since shortly after Angelina’s death on July 6, 2017, will be sentenced to either 25 years to life in prison or life in prison without the possibility of parole.
*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]

Not coming up with any current articles on this sentencing... Maybe someone in the U.S. can find something??


Tuesday, October 18th:
*Sentencing Hearing (Day 2 of 10) (@ 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.
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 Monday, Sentencing Day 1: No info available. Sentencing continues on Tuesday, 10/18/22.
*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 2/6-2/14/23.

 

[PayrollNerd]

The Angelina's Justice Facebook page doesn't have anything new nor do I see anything online yet.