[media id=13 width=320 height=240]
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
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.”
[media id=1 width=320 height=240]
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.
[media id=2 width=320 height=240]
“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.”
Authorties need to be investigating Kip!! He seems to be more involved than its coming out to be. Especially with Fratto’s statement it seems a little fishy to me!
kodys parents def helped their son,they know too much and with their bad image it makes total sense. kody is abusive emotionally just like kip..so sad these couldve been prevented, if they were better parents to kody
His father belongs behind bars with him!
Yes he does!
I definitely agree with the Former Residents. Kip knows.
CORRECTION—The sentencing hearing IS JULY 31st—–