Skip to main content

Utah parents could face death penalty in death of their 3-year-old daughter

Miller Costello, left, and Brenda Emile, right.
Miller Costello, left, and Brenda Emile, right.
OGDEN — In 2nd District Court Thursday, Weber County attorney Christopher Shaw told a judge that Miller Costello and Brenda Emile will require attorneys certified to handle death penalty cases.

Ogden couple accused of killing 3-year-old may ask for leave to attend funeral

Police responded to a 911 call on July 6 and found 3-year-old Angelina Costello dead. They observed that the girl appeared malnourished and had injuries consistent with prolonged abuse, according to the probable cause statement against her parents.

“Officers on scene immediately recognized the child victim had bruising, contusions, lacerations, burns, open sores and abrasions all over her face, hands, legs, head and neck,” the probable cause statement says.

Emile told officers she found the girl, who is the couple’s biological daughter, dead around 12:20 p.m. Thursday when she called police. 

Court documents say the 3-year-old appeared to be “extremely malnourished,” “cold to the touch and stiff with an apparent onset of rigor mortis,” the stage of death where the body’s limbs begin to stiffen. 

A Medical Examiner’s Office investigator removed the girl’s clothing and found a large burn on her chest along with small circular burns, bruises and cuts on her back, legs and feet, court documents say. 

Officials said some of the girl’s injuries appeared to be recent while others were in various stages of healing. 

Investigators searched the couple’s cellphones and found several pictures and videos, ranging from January 2016 to June 2017, showing the girl’s deteriorating health conditions. 

The videos allegedly show both Costello and Emile “taunting the child victim with food by presenting it to her and then removing it from her and disciplining her,” court documents say.

Another video allegedly shows Costello using an infant’s feet to kick the girl in the face. 

Police and the Utah Division of Child and Family Services removed an older and a younger sibling from the home after Costello and Emile were taken into custody, according to Ogden Police. 

In an interview with investigators, Emile said she had covered the girl in makeup to “conceal some injuries ‘so they didn’t look as bad,’” according to the probable cause statement.

Costello told officials he knew the girl’s health was deteriorating and that she needed medical attention or she would die. He said various times when he returned home from work, he saw new injuries on the girl, who was in Emile’s care during the day, but did not seek medical attention or inform police. 

Costello said Emile “told him the child victim had been struck or otherwise injured by siblings in the house or had fallen down,” the court document says.

Emile also told investigators she knew of the girl’s injuries but didn’t attempt to prevent her from falling down or stop the other children from striking her. According to the probable cause statement, she said she didn’t get medical attention because she didn’t “want a police investigation or to have her children taken from her.”

The family has only lived in Ogden for only a short amount of time, a release from Ogden Police said. Court documents say the couple has “self-proclaimed ties to a transient Romanian gypsy community.”

Costello told investigators he buys scrap metal at auctions across the country for a living and made $150,000 last month, and he and Emile also had large amounts of cash and cashiers checks in their possession.

Costello, 25, and Emile, 22, are charged with aggravated murder in the death of their daughter. Aggravated murder is the only crime subject to the penalty of death under Utah law.

Costello and Emile appeared separately in court Thursday, and District Court Judge Michael DiReda informed them that he had spoken by phone with the attorneys who had expected to be retained to represent them individually. Because the funds that could be used to retain the attorneys are still tied up in the investigation, neither Costello nor Emile are presently represented.

Both Costello and Emile answered affirmatively when DiReda asked if they needed a public defender appointed in the interim. Weber County attorney Shaw advised the judge that a “Rule 8 certified” public defender would be necessary.

Rule 8 applies when the death penalty is a potential punishment for an indigent defendant. It sets forth qualifications for the complicated and expensive ordeal of defending a client in a death penalty case, requiring that the state provide for at least two attorneys with at least five years’ experience, who “can dedicate those resources to the representation of the defendant ... with undivided loyalty.”

Attorney Michael Bouwhuis is the coordinator of indigent defense services for Weber County. He said that he spoke with the county prosecutors Thursday, and they have not yet made a decision regarding the death penalty in Costello’s and Emile’s cases. The state is not required to declare its intention until after a preliminary hearing.

“We have to assume they are pursuing the death penalty, for the purposes of providing representation and protecting the rights of our clients,” Bouwhuis said.

A report on the status of the couple’s counsel is scheduled for Aug. 3. They are currently being held in the Weber County Jail without bond.

Source: Standard-Examiner, Nadia Pflaum, July 29, 2017

⚑ | Report an error, an omission, a typo; suggest a story or a new angle to an existing story; submit a piece, a comment; recommend a resource; contact the webmaster, contact us: deathpenaltynews@gmail.com.


Opposed to Capital Punishment? Help us keep this blog up and running! DONATE!

Comments

Most viewed (Last 7 days)

Two Executions In Six Hours: Florida Set For Historical Double Execution Tuesday

Florida is preparing to execute two death row inmates on Tuesday, July 28, in an action that would mark the state’s first double execution in more than 60 years. Former police officer James Duckett, 68, is scheduled to die by lethal injection at 12 p.m., followed six hours later by 80-year-old Dominick Occhicone at 6 p.m. If carried out, these will mark the 39th and 40th executions under Gov. Ron DeSantis and the 11th and 12th in the state since the beginning of 2026. In response, Floridians for Alternatives to the Death Penalty (FADP) has launched petition and letter-writing efforts asking DeSantis to halt both procedures. The group has organized two public vigils outside Florida State Prison in Raiford, set for 11 a.m. and 5 p.m., contingent on whether stays are issued.

Florida executes Dominick Occhicone

Florida executes 2 men in a day. Republican Gov. Ron DeSantis has made Florida's death chamber the nation’s busiest at the end of his final term.   STARKE, Fla. — Florida on Tuesday became the first state in nearly a decade to carry out two executions in a single day, the last an 80-year-old man who was the second-oldest inmate known to receive a lethal injection in modern U.S. history. Hours earlier, the state executed a former police officer convicted of killing a young girl.

Florida | 49 years on death row, killer of Bonita Springs teen learns death date

A Fort Myers man on death row for nearly five decades learned his execution date as Gov. Ron DeSantis signed his order Thursday, July 30. Harold Gene Lucas, then 24, shot and killed his 16-year-old girlfriend, Anthia Jill Piper in Bonita Springs on August 14, 1976. Lucas was 24 when he was charged in Piper's shooting death at her parents' home on Aug. 14, 1976. The execution is set for Sept. 1 in a state that has accelerated its pace under DeSantis the past two years, with a record of 19 executions in 2025. Piper was shot seven times by Lucas, who claimed to be intoxicated.

Florida executes James Duckett

Double execution: 1st of 2 inmates is put to death in Florida Florida has executed James Duckett, a 68-year-old former cop convicted of killing an 11-year-old girl in 1987. The state is set to execute an 80-year-old man 6 hours later for a 1986 murder.  Florida carried out the 1st double execution in more than 60 years, executing former police officer James Duckett and later scheduling the execution of 80‑year‑old Dominick Occhicone, amid Governor Ron DeSantis’s aggressive push to increase death penalties in the state.  Florida has put to death the 1st of 2 inmates in the state's 1st double execution in more than 60 years amid an aggressive death penalty push by Gov. Ron DeSantis. 

Florida | Former warden recalls botched electrocution that left him battling PTSD for 13 years and turned him into an abolitionist

Ron McAndrew anticipated it would be just another standard execution. He had been assigned to carry out the death of Cuban refugee Pedro Medina via electric chair within the confines of Florida State Prison. Fifteen years had passed since Medina's conviction for the murder of 52-year-old Dorothy James, and McAndrew's responsibility was to oversee the administration of lethal electrical currents to his brain. Having already supervised two previous executions using the identical procedure and raised in a community that strongly supported capital punishment, he expected a swift conclusion with justice delivered.

Iran erects iron gallows in Isfahan protest square

An iron gallows has been erected in an Isfahan square where protests erupted in January. Families of several of the 10 remaining prisoners sentenced to death have been summoned for farewell visits. An iron gallows erected in Ali-Khani Square in the central Iranian city of Isfahan has raised fears that the regime is preparing to publicly execute protesters arrested during nationwide demonstrations in January. Sources who spoke with Iran International said large numbers of security forces had been deployed in the area, while the families of several prisoners sentenced to death had been summoned to the prison for farewell visits.

North Korea | 'I was only 9': North Korean defector recalls childhood memory of public execution

Kim Eun-joo was 9 years old when her teacher stopped their lesson and told the class to follow her outside. The children were marched to a public execution ground in North Korea. “I would cry even when our family dog died,” Kim said in a recent interview with The Korea Times. “But the first time I watched humans killing a human, I had no words for what I was feeling. It was the most brutal scene I have ever seen, in any movie or in real life.” The memory has stayed with her ever since. Now a human rights advocate after defecting from North Korea, Kim recently brought that childhood scene to the 9th World Congress Against the Death Penalty in Paris, where North Korea’s use of public executions and capital punishment was officially placed on the agenda for the first time.

USA | What happens in the final weeks before an execution? These reporters were inside the room.

The journalists behind ‘The Last 12 Weeks’ earned extraordinary access to a death penalty defense team—and faced difficult ethical choices Many defense lawyers are naturally cagey. They work in a pressure cooker, protecting their clients’ rights while fighting for the best possible outcome. And arguably, the stakes can’t get any higher than trying to save a client’s life. So no, defense lawyers don’t usually invite journalists into strategy meetings. But that’s what happened when Marshall Project reporter Maurice Chammah and Serial Productions senior producer Alvin Melathe spent the final few months before a Texas execution embedded with a capital defense team.

19 July 1943 | Auschwitz's Largest Public Hanging: 12 Polish Prisoners Executed in Escape Reprisal

OSWIECIM, Poland — The SS carried out the largest public hanging in Auschwitz history on July 19, 1943, executing 12 Polish prisoners before other inmates as collective punishment for escapes and civilian contacts. The victims, all from the camp’s surveyors’ labor unit, were hanged on gallows built in front of the camp kitchen during an Auschwitz I roll call. The SS orchestrated this reprisal following prisoner escapes from the surveyors’ detail and unauthorized communication between inmates and civilians. Camp authorities used the recent escapes as a pretext to impose collective punishment.

Idaho | How Bryan Kohberger’s Guilty Plea Move Could Be His Death Sentence

If Bryan Kohberger successfully withdraws his guilty plea and goes to trial for the murders of four University of Idaho students, it could lead to him being sentenced to death, experts told Newsweek . Kohberger, 31, filed a handwritten petition on Monday from the Idaho Maximum Security Penitentiary, where he is serving four consecutive life sentences for the murders of Kaylee Goncalves, Ethan Chapin, Xana Kernodle and Madison Mogen in a rental home near the university's campus in Moscow, Idaho, in 2022. Kohberger pleaded guilty to the fatal stabbings just over a year ago, a month before jury selection was set to start.