While some Wendover residents have expressed outrage that Kody Patten may have well avoided the death penalty by taking a plea bargain for many Nevada families, relatives of victims of men now on death row, the ‘ultimate punishment’ is cruel joke.

Since Nevada reinstituted the death penalty in 1976 a dozen men have been executed but only one was not a volunteer.

And of the 80 or so men now on death row years if not decades remain in the appeals process before they can be executed.

Instead of closure for the families of the victim a death sentence is an open wound that must be revisited with every appeal, every legal motion. While the murderer of their loved ones gains notoriety, fans, and a perverted kind of celebrity other inmates can only dream about.

Patten threw away chance to gain that celebrity by taking the plea bargain and also by pleading guilty severely limited his rights to appeal.

JosephYbarra

“It may not seem like much now,” said an attorney close to the case. “But ask the family of Nancy Griffith what they think of how the death penalty is enforced in Nevada.”

It was 33 years ago when 16 year old Nancy Griffith of Ely was murdered in the most horrific way by Joseph Ybarra. 18 months later Ybarra was received the death penalty from a White Pine County jury and the Griffith family expressed satisfaction that justice was done.

Three decades later Ybarra is still alive, still appealing, and still enjoying life in the nicest place in the prison- death row.

While most critics place the blame of the lengthy appeals process on the Ninth Federal Circuit Court blame must also be shared by the Nevada Supreme Court.

Ybarra for example has appealed and has his sentence delayed no less than five times by the Nevada Supreme Court including his most latest attempt.

In fact it is the interplay between appealing to the state then appealing to the federal level that has been  perfected by Ybarra and other long serving death row inmates.

“The way the system is set up you can send an appeal to the state and then appeal the decision to the feds,” said one defense attorney who declined to be identified. “It can be virtually endless.”

Apart from staving off death by lethal injection which is reward in itself many death row inmates also out hope that the death penalty itself will be abolished as it was in 1974.

While support for it especially in Nevada and other western states has never fallen below 60 percent there are signs that on the federal level could well indeed abolish the death penalty. Last year the US high court ruled that executing minors and mental defectives was cruel and unusual punishment.

Ybarra was not the only resident of death row to seek an out because of ruling literally hundreds of appeals either directly or indirectly related to the federal ruling.

“Every time there is a federal ruling it opens another door for other death row inmates.” The attorney continued. “They are probably not going to win but winning isn’t the only objective the real point is to gain more time.”

More time for the high court for the court to abolish the death penalty altogether and/or more for the public to grow disgusted with the system and scrap the death penalty as unworkable.

While the death penalty is still supported by an overwhelming percentage of the population support is waning even in Nevada when the sentence takes decades to carry out.

“It is especially frustrating for a guy like Ybarra,” said former White Pine county Sheriff Bernie Romero in 2006. “Here is a guy who confessed to the killing, was found guilty with overwhelming amount of evidence. Sentenced by a jury of his peers and now spend 25 years appealing.”

Romero was a newly minted detective when he arrested Ybarra in 1979, he retired from law enforcement after losing his bid for a third term in 2006.

Ybarra does not even have a claim of redemption the much more famous Stanley “Tookie” William’s has made in an effort to win clemency in California.

He is described as a wimp and a braggart by both correctional officers and other inmates on death row who sometimes tries to commit suicide but never quite succeeds or has a last minute change of heart.

In his over quarter of a century incarcerated he has done very little except study his case. And if one had to serve time one could do worse than Ely’s Death row. Although conditions are Spartan they are considered the most comfortable in the whole prison.

“You have to understand this is our home,” Ybarra said in an interview with the High Desert Advocate in 1992. “We aren’t going to be gone for five or ten years

The death row pod had at the time its own weight set, television and eating area and it did have a homey feel. It was also cleaner than much of the rest of the prison and because it is death row much more secure than the general population.

Even though the general population of the prison is locked down 23 hours out of a day the prison averages about two murders a year and hundreds of serious physical assaults.

Among the things Ybarra has not done was to study to become a priest as he promised to do to if the jury gave him life without parole instead of the death penalty.

“I am very sorry for what I’ve done,” he pleaded back in 1981 “I truly regret sacrificing Nancy for Satan. I want to make up for all the pain and suffering I’ve caused my parents. I wish to God I could do something to make it up to Nancy’s mother, sister, and brothers. If you give me life in prison, I could further my education and get involved with the church like I used to. I could study and become a priest like I’ve wanted to since I was little. Please give me life in prison, I beg of you, don’t give me the death penalty.”

If Ybarra had been spared the death penalty he would have been just another aging forgotten inmate in the general population without the strange kind of celebrity he garners every two or three years.

Far from satisfaction that Nancy Griffith received justice her family has grown weary of Ybarra’s appeals and feels betrayed by the system, said sister in law Robin Griffith

“We’re not vengeful people, but the courts gave him the death penalty and 30 years later he’s still appealing. Every time we find out he has another appeal we relive this.”

She said the family would have been happier with a life sentence.

“At least then we could have moved on at some point,’’ Griffith said. “My mother-in-law panicked every time he appealed.”

A Sandy Bank paid for a Utah man’s 48 hour holiday in Wendover last week, and the man will be paying it back for the rest of his life.

Ryan Grubbs a 36 year old Utah vagrant, is sitting in the Elko County Jail on a half a million dollar bond awaiting his extradition back to Utah for bank robbery. Grubbs was arrested early Saturday morning by West Wendover police officers for allegedly robbing a Sandy, Utah Key Bank the previous Wednesday.

According to Sandy Police Public information officer Sergeant Jonathan Arnold Grubbs walked into the bank handed a teller a note and walked out with an unspecified amount of cash.

He made his getaway in his own vehicle and drove to Wendover where he registered under his own name in a suite at a local hotel/casino. According to casino workers the bank robber had a very good time laying down large bets on the tables and eating at the resort’s restaurants even ordering room service.

And while Grubbs was enjoying his ill gotten gains Sandy Police were tracking him down. His photo was quickly posted on various websites and released to the news media and he was soon identified. A routine alert to all law enforcement, hotels, motels and convenience was sent out and soon bore fruit.

At just before 2 am Saturday morning Grubbs was arrested while at the tables by West Wendover Police officers. He offered no resistance.

“He either wanted to get caught or was incredibly stupid,” said one police officer. “Now he is looking at 20 years behind bars for the bank job and maybe more time for crossing state lines in pursuit of a felony.”

Grubbs is expected to be extradited within the week.

Two months after he said he was going to resign, city councilman Bryant Blake announced that this passed Tuesday’s meeting would be his last and officially handed in his letter of resignation.

Elected to his first term in 2008, Blake ran as a pro-business reformer and as teacher at the local elementary promised to be an independent vote on the city council dominated by Peppermill Casino employees.

Blake’s promises lasted less than half a year and came to a head the march after he won his seat with the vote over the Rusty Palms. Blake was the lone vote in favor of letting the now abandoned project open a small casino without having to build a 150 room hotel. While the issue was defeated the initial outcome was voided on a technicality and had to be re voted two weeks late.

The ‘errant’ councilman reportedly came under intense pressure not only from his fellow city councilmen but also from their employer the Peppermill Corporation. When the vote was retaken Blake joined the majority and the issue failed on a unanimous 5-0 vote. Since that vote, Blake marched in lock step with the Peppermill majority for three years breaking ranks just once last November when he first upheld a Mayor’s veto over increasing dispatch fees to the local ambulance. Two weeks later however Blake put the item back on the agenda and that time voted to override the veto.

While Blake’s “turn to the dark side” was a source of constant irritation to Mayor Donnie Andersen the reason for his leaving may have been his last attempt at independence.

Two weeks ago sparks flew in the City Council meeting between Blake and Andersen over the issue of the city forcing police background checks of all bartenders before they can be allowed to work.

The council under the urging of West Wendover Police Chief Ron Supp first directed City Attorney Tom Coyle to prepare the ordinance earlier this year, despite the fact the idea was vigorously opposed by Andersen and by Councilman Izzy Gutierrez.

Since that initial okay there appears to have been a change of heart. Councilman Johnny Gorum said in the meeting that he had received almost exclusively negative comments on the idea from private individuals as well as businesses that would be affected by the proposed ordinance.

The draft ordinance would have required a background check of all persons employed as bartenders at the cost of $60 per employee. While Blake insisted that the charge was minimal for a company such as the Peppermill the amount could add up. With at least eight bars on there three Wendover properties, the company could be easily looking at a first time cost between $3,000 to $4,000 for the first year and depending on the rate of turnover or its employees a similar cost every year. If the ordinance was extended also to cocktail servers the cost would be increased dramatically.

Faced with those dollars and cents, the three councilmen employed by the Peppermill; Gorum, Emily Carter and Roy Briggs joined Gutierrez in voting to table the issue but not before Blake loudly announced he still supported the ordinance and Supp.

Blake also questioned Mayor Andersen’s position that there were enough safe guards on the industry and the Mayor’s original stance that the ordinance was an example of over regulation of the city’s businesses.

The testy exchange between the two was cut short when Andersen called for a vote and the proposed ordinance was tabled indefinitely on a 4-1 vote. Until that vote Blake allegedly had the nominal support of Carter, Briggs and Gorum to stay on the council as long as he wanted. The reason for that supportive attitude some speculated was to tie andersen’s hands in appointing a replacement.

For over three years Andersen has waged a losing effort against a veto proof four member majority on the council of which Blake was a member, along with councilwoman Emily Carter and councilmen Johnny Gorum and Roy Briggs.

While Andersen could pick from the list of five council candidates now on the ballot or indeed anyone from the community, but the council could reject the appointment. On the other hand Andersen could veto any candidate nominated by the council.

With Blake gone, Andersen’s veto changes from a symbolic protest by the Mayor to a potentially powerful political tool. Andersen with the help of Izzy Gutierrez, his only ally on the could threaten to bring the city government to a standstill by veto. According to the city’s bylaws a veto can be overridden only on a four fifths vote. Three votes out of four is simply not enough for a veto override vote to be successful.

Because this is an election year the remaining members of the now veto vulnerable majority might be more amenable to the Mayor’s suggestion simply to appeal to voters and not to appear obstructionists. While Blake is gone incumbent Johnny Gorum is still seeking reelection and Carter is running against Andersen for the mayoral position.

Both Carter and Gorum may be less inclined to put off potential voters by openly opposing his nomination especially if they feel his choice is well liked in the community.

If Blake’s replacement is from those who filed for office, he would have an automatic  leg up on the competition come November running as a sitting councilman rather than a simple challenger.

Friends family and hundreds of Wendover residents came out Monday to the unveiling of the bronze statue of Luke Gregory at the new little league fields.

The winsome boy was killed two years ago in a tragic gun accident in his home. He was just 10 years old. An avid athlete Luke participated in every little league sport the town had to offer including football, baseball and basketball as well as being just one of a handful of students at West Wendover elementary to pass the president’s Physical Fitness Test.

“The Gregory family feels very fortunate to be part of a supporting and caring community.” Wrote his mother Melissa.  “We are thankful to the Recreation District for supporting us in the placement of Luke’s bronze statue at the new baseball fields.”

The Life size statue was created by Tooele artist Dan Snarr.

March roared like a lion for Wendover casinos with a 6.4 percent increase in gaming win of close to a million dollars according to last week’s report from the Nevada Gaming Control Board.

According to the report Wendover clubs raked in $15.6 million this March in total gaming win from March 2011.

“Win” is a gross figure, with no operating costs or other expenses deducted. And it’s casino revenue only _ separate from hotel, restaurant or bar revenues generated by the resorts.

While win indicates a casino market’s profitability another statistic “play” is an indicator of how casino workers are fairing. With some casino workers dependent on tips for up to half of their total income, play, the amount of money wagered by gamblers is a good indicator of how much casino workers received in tips and how many gamblers are actually in the casino.

Slot win was up 8.6 percent to $11.9 million. Slot play was up 14.4 percent to $227 million. Slot hold fell from 5,54 percent to 5.26 percent.

Win on the tables and sports books was down slightly 0.2 percent to $3.6 million. Table play was up 7.5 percent to $17.3 million. Hold on the tables was down to 20.83 percent from 22.44 percent.

In the balance of Elko County total win fell 6.85 percent to $8.6 million. Slot win was down 9.8 percent to $7.3 million. Slot play was up slightly 0.4 percent to $117.8 million. Slot hold dropped from 6.94 percent to 6.23 percent. Table win was up 16.66 percent to $1.2 million. Table play was up 8.7 percent to $5.1 million. Table hold increased from 21.28 percent to 22.8 percent.

But while Wendover enjoyed a nice bump in march for the rest of the state gaming was more of a lamb.

Nevada’s casino winnings took a tumble in March after two strong months in 2012, dropping 10.9 percent compared to March 2011, the Nevada Gaming Control Board reported today.

The decline was led by Clark County markets, including the Las Vegas Strip, which was down 14.9 percent over March 2011.

Casinos statewide brought in $854.6 million from gamblers in March, just over $100 million less than in March a year ago.

The decline comes after the Nevada gaming industry reported gains of 18.4 percent in January and 5.7 percent in February.

Gov. Brian Sandoval said he was still awaiting full details on the March report, but noted the state is ahead for the fiscal year even with a slow month.

“Of course we want to see numbers going up, but in the big picture this is one month in time, and that for the year we’re still ahead,” he said. “We’re going to have some ups and downs with regard to this but over all Nevada is strong and we’re doing well.”

All the major Clark County markets were down in March. Downtown was off 11.9 percent and North Las Vegas was down 17.8 percent.

Washoe County fared better, posting a modest 0.45 percent gain, but South Lake Tahoe was also down in March, by 14 percent.

A big part of the story was that gamblers were luckier than usual in March, said Michael Lawton, senior research analyst for the control board. The percentage of money wagered by players but “held” by casinos was lower than average on games and tables such as 21 and roulette, he said.

If the March hold had matched the 12 month average hold, the statewide win would be down only 3.4 percent. The Strip would be down only 4.2 percent.

Another factor in the Strip numbers was baccarat, the card game played by high rollers. Casinos won $39.8 million from baccarat players in March, a nearly 52 percent decline from March 2011. The volume of play was down and the hold percentage was lower than average, Lawton said.

“The gamblers ran a little bit luckier,” he said.

Another factor was that March 2012 is being compared to March 2011, which saw a 5.1 percent statewide gaming win and a 12.9 percent gain on the Strip.

A third was the CONEXPO-CON/AGG event in Las Vegas in March of 2011 that is only held every three years and so did not occur this year, Lawton said.

“So there were some things that added to why this was going to be a struggle,” he said. “Even with this, fiscal year-to-date the state is still up 2.2 percent,” he said. “And it was a strong quarter for the state. The state was up 4 percent for the quarter.

“My take is it’s a bump in the road,” Lawton said. “We had a strong quarter. We had five consecutive months of growth. The fundamentals were still there. Our volumes were still up in slots. Our total volume was still up when you combine tables and slots together. We just had a soft month when we look at those table games hold percentages.”

On May 6th, the West Wendover Baseball Team and the Perez Family held a fundraiser to pay for debt incurred from purchasing new uniforms and equipment.

With a few donations and 600 burritos sold, we were able to raise a little over $3,000! We would like to thank those who purchased tickets and sold tickets.  We would also like to thank Smith’s Market for helping with the meat and vegetables and of course I cannot forget about the players. This year’s team was young and inexperienced, but these young men gave it their all and showed their dedication throughout fundraiser; so thank you, gentlemen.

I, Coach Perez, would like to give a special thanks to my wife, my daughters, and the five special ladies that helped with preparing, cutting, and organizing the burrito sales. Without all the help and support this fundraiser would not have been possible.

I would like to take this time to share a few words. Due to the economy we are facing, not only in our country but also in our community, student athletes and school club members are being forced to ask for donations, or hold various fundraisers. Please help these students out. If you donate $1.00, it is $1.00 more that goes to providing meaningful activities for our youth.  I’m asking for parents and community members to please, step up and help.

My family and I have been raising money for our kids (students/athletes) for over 17 years, both here in Wendover and in California. We will continue helping these kids and our schools as long as God gives us the ability. We have no more kids in school, so why do we do this?  Because we love it and we love your kids. Annette Murphy, Brenda Priest, Heather Haro, Craig Kyllonen, my family and I are all members of the Booster Club. We raise money to help high school kids with whatever they may need to participate in other extracurricular activities. If we can get more members, we can raise more money. I’m not asking for a pat on the back, or anything like that.  All I’m asking is for more parents to step up to the plate so that our children don’t have to worry about money and are able to participate in school activities. We encourage you to come to our end of the year or to the fall homecoming barbeque spend some cash, and if you can’t, donate time and simply lend a helping hand. The school is always looking for parents to volunteer.

May God Bless You All,

Coach Luis Perez and Family

P.S.    See you all 4th of July! We will be selling those great burritos you all love. The money will go to the WWHS Baseball Team fund.

WEN05102012A07

Toni Fratto’s claim to being a victim of abuse at the hands of Kody Patten is relatively new according to her statement to district Attorney Marc Torvinen taken just before she pled guilty to the second degree murder of 16 year old Micaela Costanzo.

While appearing on national tv Friday Fratto and her mother Cassie time and time again invoked the word ‘victim’ to explain her participation in the brutal slaughter of Mickie Costanzo.

“I was kind of forced,” said convicted murderer Toni Fratto in a jail house interview with Anderson Cooper when asked to explain her part in last year’s brutal killing of 16 year old Micaela Costanzo.

And Cassie Fratto said that her daughter suffered two years of emotional and physical abuse at the hands of Patten.

However in her statement to the district Attorney Fratto makes little mention of any alleged abuse and state’s the murderous pairs relationship was more or less equal.

From page 149-150 of Fratto’s statement:

Torvinen: Other than grabbing your arms periodically or preventing you from leaving the room when you and he were maybe having an argument or something — and I’ve watched the videotape of the confrontation in the hallway at the school between you and he — did he ever strike you? 

Fratto: I remember a couple times him kind of pushing me down on the bed or against the wall, but I — after I have those asthma attacks, I don’t remember much of what happens. And I — I’ve never seen that video, so I don’t know. 

Torvinen:  Well, I guess I’m saying, did he ever actually, you know, with his hands strike you that you recall?  

Fratto: Not that I can recall. 

Torvinen: As between you and he and your relationship, who was the — who was the boss, for lack of a better term? 

Fratto: I don’t know. 

Torvinen: Okay.  Did you consider yourself an equal? 

Fratto: Kind of.  We both are kind of a jealous person.  And he would always get mad at me for talking to other people and I would kind of get upset if he was talking to other girls and everything.

While damaging to Fratto’s claim of being almost an innocent bystander to the murder it is is damning to Patten and explains why his defense team sought the plea bargain rather than go to trial.

Under Torvinen’s questioning Fratto lays out what would have been an open and shut death penalty conviction if the case had gone to trial.

First Torvinen establishes premeditation:

From pages 8 and 9

Torvinen: To the best that you can recall it, tell me what he said to you.  

Fratto: That things were building up and he was irritated with Micaela and he wanted to basically do something to her. 

Torvinen: Did he say what specifically? 

Fratto: Not at that point in time, no. 

Torvinen: Do you remember the words he used at all? 

Fratto: Not exactly, no. 

Torvinen: What was your interpretation of the words that he used to you? 

Fratto: That he was upset with her and he wanted to do something to her. 

Torvinen: Now, did you — did he say to you or did you 

ask him why he had this — this idea? 

Fratto: I had asked him what made her — what made him 

so mad at her, but all he would tell me was that things were building up and that he didn’t want to talk about it 

and he would not give me any more details than that. 

Torvinen: Now, this is about a week prior to the 3rd of March? 

Fratto: Yes. 

Then Fratto testifies to the fact that Mickie had been beaten and bound and held against her will.

from page 65

Torvinen: So did you see — now, when you got closer to 

her, could you — could you see any injuries? 

Fratto: I could tell that she had been beaten up.  I could tell that there was a cut on her lip, and it looked like she was starting to form bruises around her (indicating) – 

Torvinen: Mouth? 

Fratto: Mouth.

from page 142

Torvinen: Eventually, when you got around to the back, and he posted you to guard — to guard her — when did you become aware of the zip ties? 

Fratto: Not until after he was cutting her clothes off. 

Torvinen: Were they underneath her sweater? 

Fratto: I’m assuming, yes. 

Torvinen: Did it appear that they were close enough that 

she couldn’t move her hands apart? 

Fratto: Yeah. 

Torvinen: Where were they on her hands? 

Fratto: On the wrist, right here.  (indicating) 

Torvinen: Were her hands together, like this?  (indicating) That is, palm to palm?  Or were they crossed? 

Fratto: Palm to palm. 

Torvinen: Did you see — did she — did she have — did she ever — did you ever see anything in her hands? 

Fratto: When she was sitting in the cargo area, she had a kleenex in her hand, I do remember that. 

Finally Fratto relates the killing itself with the young girl begging for her life and Patten mocking her.

From pages 83 and 84

Torvinen: So when he, I guess, then leaned back up straight, this is when you saw the blood on her throat? 

Fratto: Correct. 

Torvinen: And how far away were you from him? 

Fratto: About maybe seven, eight feet back. 

Torvinen: And you could see the blood? 

Fratto: Yes. 

Torvinen: And you could see her hands around her throat? 

Fratto: Yes. 

Torvinen: Did she ever say anything? 

Fratto: Not at that point in time.  It was later — maybe a couple minutes, maybe — maybe five minutes later, she had looked up at Kody and asked, “Am I still here?  Am I still alive?  Can I” — and then she kept repeating, 

“Just take me home.  I won’t say anything.  Just take me 

home.”  

And that’s when Kody had told me to go pull the car around so the headlights were facing the grave.  

And then he told me to stay in the car and keep a watch 

out. 

Torvinen: So how close did you get when you did this?  

Well, first, before we leave it, you say that she is saying these things.  Have you ever made any other statements 

about what she was — what she said as this happened to her? 

Fratto: Not that I can recall. 

Torvinen: Have you ever said anything to anybody in the jail about what she said? 

Fratto: No. 

Torvinen: So she’s making this statement — these statements that you’ve described to me.  Is Kody saying anything? 

Fratto: The only thing I remember him saying is, “Yeah, we’ll take you home, you’ll be okay.”

from pages 85 and 86

Fratto: That’s when I had turned my head and looked 

over and she was kind of sitting up kind of in the grave, holding on to Kody, and Kody kind of pushed her down, looked up at me and said, “Look away.”  

And so I kept my head turned.  And I could hear, you know, struggling here and there.  Then all of a sudden I could hear, like, gurgling noises. 

And I kind of glanced over, but looked back away.  And I was scared, I didn’t know what he was doing over there or anything.  

And then he had got up and started walking over towards the driver’s side of the car, kind of like walking around, and had his hands, like, out and he had — I noticed he had the knife in his hand and he was just — he was swearing and freaking out and crying, and I didn’t 

know what had just happened.  And – 

Torvinen: You actually saw her sit up in the grave? 

Fratto: I had glanced over and she was — kind of sat up, like, grabbed on to Kody. 

Torvinen: Um-hmm.  

Fratto: And then — then the next time I had looked over, she was down in the grave. 

Click below for complete statement

Fratto – Proffer statement

WEN05102012A07

Confessed killer Kody Patten formally changed his plea to guilty Wednesday after being sworn in as witness by District Court Judge Dan Papez.

Patten pled guilty to one count of first degree murder of 16-year-old Micaela Costanzo.

The plea bargain was almost identical to a January agreement Patten first agreed to and then rejected just hours before the change of plea was supposed to be entered.

“It was the sensible thing to do,” Ohlson said last Friday, adding that if some of the details about the killing came out at trial, “it would be difficult to avoid the death penalty.”

Patten’s sudden refusal to take the earlier deal had a far ranging implication. Less than 24 hours after the news broke that the plea bargain was busted, Fratto copped her own deal with the DA. And Fratto’s testimony against her former boyfriend is devastating.

“Before she gave her affidavit the chances of Patten getting the death penalty were pretty slim,” said a source close to the case. “Yes the DA had the confession but the defense had some pretty good supposed mitigating factors as well as another defendant they could pin some of the guilt on who wouldn’t testify against Kody. After her plea and especially after her affidavit the all that change. That (the affidavit) is a death penalty affidavit.”

Click below to read fratto’s complete statement

Fratto – Proffer statement

In a three and a half hour interrogation by Elko District Attorney Marc Torvinen, Fratto gave the prosecution evidence that could put Patten on death row. According to her attorneys Fratto told the District Attorney that Patten spent more than a week planning Costanzo’s murder to the last detail.

Fratto also told the DA that after he had abducted Costanzo from West Wendover high school, Patten sent her a text message and a photo of his young victim while Fratto attended a Wendover Recreation district meeting where her mother Cassie is a board member.

In exchange for that damning proffer (see related story this page), Fratto agreed to plea guilty to second degree murder.

“If the District Attorney uses her as a witness and she is believed by the jury her testimony pretty much proves premeditation,” said Lockie in an interview with the High Desert Advocate three weeks ago.

Despite Fratto’s affidavit and her promise to testify against her form lover, questions still remained on if the DA would use the girl given what was described as frail mental state and lack luster appearance.

Those doubts may have evaporated Friday with the airing of Fratto’s jail house interview with CNN reporter, Anderson Cooper.

“She didn’t appear to be meek or unstable,” said a reporter who previewed the interview. “If I was Kody I wouldn’t want her to take the stand against me.”

Patten will be sentenced July 30th and faces three possible outcomes: life in prison with parole after 20 years; life in prison with parole after 50 years and life in prison without the possibility of parole.

No matter what sentence he receives he will also face another 1 to 20 years for the use of a deadly weapon in the killing of the young girl.

Papez already  imposed the harshest sentences he could on Fratto, Patten’s accomplice, of life in prison plus 20 years for her part in the vicious killing last year. According to law Fratto must serve at least 10 years of her life sentence before she is eligible for parole and then at least eight years of the enhancement for use of a deadly weapon before she could see a release from prison.

There could be two tells in Papez’s sentencing of Fratto that would indicate Patten’s sentence this July. As Fratto received the maximum so could Patten. Since the two pled guilty to very different charges Patten’s sentence would be life without the possibility of parole. On the other hand the judge could give Patten as similar a sentence he gave Fratto in a bow to fairness.

Papez does have much more discretion in Patten’s sentence and his final decision could be influenced by the sentencing hearing July 30th. Scheduled to last an entire day at the request of Patten’s attorneys, it is expected that the defense will call dozens of witness and submit ream of evidence that they believe should mitigate their clients time in prison.

“They (Patten’s attorneys) have been working on mitigation ever since they were appointed last March,” Lockie explained. “That’s what you do with a death penalty case. They will probably present all of it during the sentencing hearing if for no other reason than to show Patten received a competent defense. You have to understand no matter what sentence he receives he is going to spend a long time behind bars. Prison is full of jail house lawyers and one of the most popular appeals is challenging the competency of lawyers.”

WEN05102012A07

Tony “Bosco” Pereira is a free man and has a clean slate following his $2,100 payment of restitution to a Wendover business according to the Elko County Justice Court.

According to court records all charge against the former West Wendover restaurant owner and according to some flim flam man were dismissed May 9th. The dismissal came three months after Pereira paid $2,100 to the owners of the New Fashion store in West Wendover.

Charged with one felony count of  Theft by Misrepresentation by the Elko Justice Court, Pereira had allegedly been on the lam for over a year when he was arrested trying to board a plane in Hawaii out of the country on November 17, 2011.

He subsequently made bail and returned voluntarily to Elko County and made an appearance in West Wendover Justice Court when he made good on the charge and now according to the Justice Court in Elko even his guilty plea is dismissed.

But while the self styled entrepreneur  has a clean record his reputation in Wendover is not so shiny. In fact the $2,100 he paid to get out of the felony has been likened to a drop in the bucket in the amount of money he owes to several other Wendover businesses and individuals who either gave him a line of credit or who worked for him during the one year his Asian Garden Restaurant was operating in the Plaza Shopping Center.

Pereira came to Wendover with a great story or stories and with promises to bring an economic boon to town. He along with partner Beth Belio even ran for city council in 2010 and garnered about 25 percent of the vote.

But as the ballots were being counted the couple fled town.

The catalyst behind the sudden move was a reported ultimatum from Plaza owner Scott Bangerter for the back rent and current owed on the restaurant or face eviction.

Most of the restaurants furniture, equipment and fixtures were moved to the old Hot Spot Video building the two converted to living quarters earlier.

Bangerter was however not the only local businessman the two owe money too.

In a legal notice published in that week’s High Desert Advocate, Mesa complex Storage owner Lauara Snyder noticed that an auction to take place two’s possessions would be held to satisfy a landlord’s lien.

“I can’t tell you how much they owe but it is in the thousands,” Snyder said. “We tried working with them and the kept on coming up with different formulas but in the end I just got tired of it.”

While the couple made good on at least some back rent it is unknown as of press time just what is the state of their current account.

Apart from the storage facility and the restitution to New Fashion the only other business the Advocate was able to find that recouped its debt was the Advocate itself. This February after almost two years the newspaper finally received a $500 payment for a bad check Pereira wrote in 2010.

Apart from creating havoc in many local businesses accounting, Pereira indirectly created a new city ordinance. Proposed by former loyal customer West Wendover Police Chief Ron Supp the city now requires the finger printing and back ground checks of all new business owners coming to West Wendover.

Critics of the new ordinance point out that even if it had been in place when Pereira came to town it would not have stopped him then nor after his record has been wiped clean would stop him now.

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