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The bombshell confession of Toni Fratto in the Mickey Costanzo murder case generated headlines from Reno to Salt Lake and may be causing heartburn in the Elko County budget offices.

Elko Justice Al Kacin appointed Reno attorney John P. Springgate as the lead counsel to represent Fratto and Elko lawyer David Lockie as the second chair in the case. Like her lover Kody Patten most if not all of Fratto’s defense cost will be borne by Elko County.

“It just about doubles the expense of the defense,” said an attorney familiar with death penalty cases. You have four lawyers instead of two twice the amount of billable hours twice the amount of office work, twice the amount of paper work maybe even two private detectives.”

“It also increases the costs of prosecuting the case, not doubling but two defendants necessitates more work for the DA.”

When Patten was first arrested and charged with the death penalty eligible ‘open murder’ count estimates ranged from a minimum of $1 million to $3 million cost in trying him. With Fratto now as an additional defendant that cost could easily approach $7 million perhaps more.

The costs of prosecuting the case could become a major concern not only for the district attorney’s office budget which is controlled by the County Commission, but also by the Commission itself. Although Elko has not been as hard as the rest of the state in the Great Recession times are still tough and the unexpected murder trial costs could almost certainly drain the county coffers.

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