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Patten Yells “Toni I Love You” Inside Jail, Fratto Stays Silent

Posted on 13 July 2012 by Howard Copelan

As the days draw nearer to his sentencing convicted murderer Kody Patten is shouting his love and devotion to his accomplice, Toni Fratto.

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“Every time he thinks she is near enough he will begin yelling stuff like ‘Toni I love you’,” one source said. “She hasn’t answered back. She just wants to get out of the (Elko County) jail to where she is going (prison).”

Scheduled to be sentence July 31, Patten pled guilty to first degree murder of Micaela “Mickie” Costanzo in a case that garnered international attention.

Patten’s girlfriend Toni Fratto was sentence this April to 18 years to life on one count of second degree murder after striking a plea bargain with the Elko District Attorney office. Originally facing a first degree murder charge like her boyfriend District Attorney Marc Torvinen allowed the 19 year old teen to plead to the lesser charge in exchange for her testimony against Patten. According to Patten’s own attorney John Ohlson of Reno, Fratto’s testimony would have almost assured his client ending up on death row if the case went to trial.

Less than a week after Fratto was sentenced Patten also accepted a deal. In his case however the only thing Torvinen conceded in the deal was to take the death penalty off the table. Patten faces a possible sentence of life without the possibility of parole. for patten and his attorney anything less than that would be a win and somehow they must convince Judge Dan Papez that sometime in the very far future Kody Patten should have at least the hope of leaving prison.

Patten’s lawyers have booked an entire day to present their case that kody patten should be at least given the small hope and jut this week Papez accepted their motion to present expert testimony from Reno Psychologist Ted Young.

While it is unknown exactly what Young will testify to, it has been Patten’s attorneys contention all along that their client was little more than a dupe, and that the real mastermind of Mickie Costanzo’s killing was Toni Fratto.

Of the two confessed killers patten certainly had the longer history of violence. Anecdotes about Patten’s assaults on other children go back to the days he was in daycare, while Fratto has been described as a meek mouse of a girl.

Patten’s lawyers have implied however that beneath that mild front Toni Fratto was seething with hatred and rage toward Costanzo and they claim Fratto’s diaries support their claim.

Some of the most damning entries could be read during Patten’s sentencing. If Patten’s attorneys do use those sections of fratto’s diaries they may very well call Fratto herself to the stand.

The only reason why she has not been transferred yet to the Nevada Women’s Prison in Clark County.

“I doubt very much that the District attorney will call her as a primary witness during the sentencing.” said a source close to the case. “She will be there to rebut if Patten’s lawyers try to assert that she was the real leader in the murder.”

With their psychologist’s testimony, Patten’s defense may just argue that their client as evidence by his long history of violent behavior may have been unable to control himself during the commission of the crime and that Fratto used Patten as an attack dog to get rid of a rival. In fact Patten’s attorney could well argue that their client is mentally ill and therefore not deserving of life behind bars.

That theory has found at least some sympathy with Mickie Costanzo’s family which portrayed Fratto’s claim to shared victim hood by patten with derision and disbelief.

In an interview last month Mickie’s mother Celia Costanzo said it is her belief that it was Toni Fratto and not Kody Patten who was the ring leader in organizing her daughter’s murder.

Already that belief may have saved Patten’s life. According to the victim’s mother it was she who gave the okay for the District Attorney to re-offer Patten the plea bargain after Fratto copped her own deal when he was facing trial and a possible death sentenced.

There is also the unlikely possibility that Fratto on the stand may change her story to favor Patten.

“Its a long shot,” said a source. “But who knows this case has already seen more than its share of suprises.”


18 Comments For This Post


    Kody Patten is gonna be yelling and expressing his love for “Bubba” in the Nevada prison system. Dont drop the soap buddy. Its either f@$k or fight in there.

  2. Former Resident Says:

    LOL! He’s going to have to choose the first one, because there’s no girls in there for him to fight.


    haha wen there done with kody pattens lil azz in there its gonna be like throwing a hot dog down a hallway.

  4. Former Resident Says:

    I’m sure he’s going to wish they didn’t take the death penalty of the table.


    wonder if they sell “Depends” in there on the commissary list, hell be needing them bad boys.

  6. Garcia336 Says:

    Especially considering Kody’s past it makes me sick to know that the victim’s family has now been manipulated into beleiving Kody is “not really” responsible!

  7. Former Resident2 Says:

    @Garcia 336 Its not that the family believes he was “not really responsible”. They believe there were midigating factors and that Toni was the master mind. Obviously they believe he has some responsibility in this. They just believe she was the one to make the plans. They are not being nieve as to Toni being the “victem” as she claims to be. And I take insult to the suggestion that they were “manipulated”. As a friend of the family that is not the case at all. And NON of us know or don’t know what is going through their minds. They lost a daughter, sister, and an Aunt. They are not manipulated they know more about the evidence and circumstanced then any of us.

  8. resident Says:

    well a little bit of advice to kip and donna, you shouldve never had kids if you werent going to raise them right. your just as bad if not worse in my eyes. kip and donna both knew what happened and didnt go to the police. great parents you are!!!!lol

  9. NoBull Says:

    @ Resident. I believe you are way out of line. Kip encouraged Kody to confess to law enforcement. You really should take their feelings into consideration. I’m not mother of the year, and I’m positive you’re not a perfect parent, if you’re a parent at all. Kip and Dawnna did not tell him to ho out and kill an innocent young woman. They did not stand over him and hand him the weapons. As parents, all we can do is do the best we can and hope and pray for the best outcome. Kip and Dawnna gave to live the rest of their lives knowing that their own child took the life of Celia and Teddy’s child. No matter how you look at it, you best believe that the Patten family is in a lot of emotional turmoil as well.

  10. Peace Says:

    Poor..Kip and Dawnna…

  11. Wendover local Says:

    I hate how people say poor Dawna and Kip. They are horrible trashy people who raised a horrid
    Monster child… The only people you should feel sorry for are the costanzos!!! And the death penalty should’ve been put on both those little idiots for killing that poor young girl. She was innocent and wasn’t allowed to live. Neither should the 2 heartless pieces of trash who killed her!

  12. Hits Close to Home Says:

    I respect Kip for making his kid do “what was right…for Micaela”. If he had not, a crafty lawyer would have buried many of the answers we have to date. You have to ask yourself, would you have done the same thing, if it was your kid? My answer is yes, but it’s sad to say, I am probably not in the majority. Kip made the excruciating choice between what was right, and what was in the best interest of his family, and made the right decision. This should not be overlooked.

  13. Saddened and not fooled Says:

    I happened to see the Dateline program tonight and it was the very first I had heard of this case, as I am not one to keep up with such matters and do not live in the same area. But as I watched the story unfold, sort of as the family had lived it, I was stunned by something near the end. In the prison interview for Dateline, Toni’s stance and answers were quite obviously coached and orchestrated by her mother, standing watch from the other side of the glass partition. However, Toni let TWO things slip out and I was very surprised that no one has caught them and commented. When she was asked whether she remembers Mickie’s face, she said “BITS AND PIECES”! Which is exactly what was done to Micaela – her face was chopped up into bits and pieces that probably flew around as she was hacked up. The second little slip, and it was very brief but clear, just he same, was that when Toni was aaked if she would remember that for a long time (or the rest of her life – something like that) for just a moment, the briefest of smiles that looked like TRIUMPH and SATISFACTION fleeted across her face! When I heard those words and saw that little smile, even for a split second, I saw someone who was still tasting victory and taking it to prison with her joyfully! It was a chilling revelation that I saw. To me, she is in the same category as the woman who was executed in Texas a number of years ago. The woman who said that when she killed her victim, she had multiple orgasms! That woman too hid behind her religious belief, but it didn’t do her any good. Texas still executed her. “Sweet” little Toni has pulled a fast one! Didn’t anyone else catch those two slips?

  14. cat Says:

    @saddened, i hadn’t noticed but when i watched it again, i see now. if that is the case, she is indeed clever. one of the questions that still nags me is that, why did she confess, when from the start, kody didn’t implicate her. that seems odd to me.

  15. Jennifer Says:

    I just think there’s something else into this story that Toni and Cody is not saying I haven’t seen Cody talk or anything like that. Maybe someone else has to do with this. Toni on the other hand is a lying a$$ ugly girl because if she saw Mickie (R.I.P) in the car she should of question Cody and ask him what was going on. But obviously she didn’t and got in the car.

  16. Castigador Says:

    Don´t worry Kody, while in jail (the rest of your pointless wasted life) you won´t enjoy of having sex with her.
    Bubba will enjoy having sex with you!!! All your life you will not, never, ever see a nude woman… enjoy!!

  17. max cisni Says:

    The ugly little girl was the cause of it all “” she knew he was a loose canon and played him like a harp, He is going to wish he had a shovel in prison” when bu bu needs a little loving ‘ ps. dont drop the soap

  18. hickmanjoe Says:

    The main reason I don’t believe Cody ordered Toni to do anything is because I can’t find and reasoning why he would have done this. In most cases that someone would make the other participate would be to scare them out of testifying or to put blame on them. I guess at 1 point Cody almost turned states evidence but he backed out and has never tried putting any blame on Toni. What this tells me is that Toni is lying about what she did and why she did it. A abused woman physically, mentally, and sexually in the same household as her parents? I don’t thinks so. I’m not a believer in God and this kind of person makes me question the motives of many people who have faith. Well I sort of hope there is a God because Toni will and her mom and dad will find a special place for what they have done in his name. Most people on this thread have talked about Codys parents being bad but it was Codys dad who didn’t hesitate to push his son into telling the truth. The truth is that this is a tragedy that has ruined many many lives and my opinion is that Toni convinced Cody to help long before he picked her up, long before that day.

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