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)

Singapore executes three drug mules over two days

Singapore hanged three people for drug offences last week, bringing the total number of executions to 17 this year - the highest since 2003. These come a week before a constitutional challenge against the death penalty for drug offences is due to be heard. Singapore has some of the world's harshest anti-drug laws, which it says are a necessary deterrent to drug crime, a major issue elsewhere in South East Asia. Anyone convicted of trafficking - which includes selling, giving, transporting or administering - more than 15g of diamorphine, 30g of cocaine, 250g of methamphetamine and 500g of cannabis in Singapore will be handed the death sentence.

Florida | After nearly 50 years on death row, Tommy Zeigler seeks final chance at freedom

The Winter Garden Police chief was at a party on Christmas Eve 1975 when he received a phone call from his friend Tommy Zeigler, the owner of a furniture store on Dillard Street. “I’ve been shot, please hurry,” Zeigler told the chief as he struggled for breath. When police arrived at the store, Zeigler, 30, managed to unlock the door and then collapsed “with a gaping bullet hole through his lower abdomen,” court records show. In the store, detectives found a gruesome, bloody crime scene and several guns. Four other people — Zeigler’s wife, his in-laws and a laborer — lay dead.

Louisiana death row inmate freed after nearly 30 years as overturned conviction upends case

A Louisiana man who spent nearly 30 years on death row walked out of prison Wednesday after a judge overturned his conviction and granted him bail. Jimmie Duncan, now in his 60s, was sentenced to death in 1998 for the alleged rape and drowning of his girlfriend’s 23-month-old daughter, Haley Oliveaux — a case long clouded by disputed forensic testimony. His release comes months after a state judge ruled that the evidence prosecutors used to secure the conviction was unreliable and rooted in discredited bite-mark analysis.

Oklahoma board recommends clemency for inmate set to be executed next week

A voting board in Oklahoma decided Wednesday to recommend clemency for Tremane Wood, a death row inmate who is scheduled to receive a lethal injection next week at the state penitentiary in McAlester.  Wood, 46, faces execution for his conviction in the 2001 murder of Ronnie Wipf, a migrant farmworker, at an Oklahoma City hotel on New Year's Eve, court records show. The recommendation was decided in a 3-2 vote by the Oklahoma Pardon and Parole Board, consisting of five members appointed by either the governor or the state's top judicial official, according to CBS News affiliate KWTV. Oklahoma Gov. Kevin Sitt will consider the recommendation as he weighs whether to grant or deny Wood's clemency request, which would mean sparing him from execution and reducing his sentence to life in prison without the possibility of parole.

Vietnam | Woman sentenced to death for poisoning 4 family members with cyanide

A woman in Dong Nai Province in southern Vietnam was sentenced to death on Thursday for killing family members including two young children in a series of cyanide poisonings that shocked her community. The Dong Nai People's Court found 39-year-old Nguyen Thi Hong Bich guilty of murder and of illegally possessing and using toxic chemicals. Judges described her actions as "cold-blooded, inhumane and calculated," saying Bich exploited the trust of her victims and "destroyed every ethical bond within her family."

Afghanistan | Two Sons Of Executed Man Also Face Death Penalty, Says Taliban

The Taliban governor’s spokesperson in Khost said on Tuesday that two sons of a man executed earlier that day have also been sentenced to death. Their executions, he said, have been postponed because the heir of the victims is not currently in Afghanistan. Mostaghfer Gurbaz, spokesperson for the Taliban governor in Khost, also released details of the charges against the man executed on Tuesday, identified as Mangal. He said Mangal was accused of killing members of a family.

Afghanistan's Taliban rulers carry out public execution in sports stadium

The man had been convicted of killing 13 members of a family, including children, and was executed by one of their relatives, according to police. Afghanistan's Taliban authorities carried out the public execution of a man on Tuesday convicted of killing 13 members of a family, including several children, earlier this year. Tens of thousands of people attended the execution at a sports stadium in the eastern city of Khost, which the Supreme Court said was the eleventh since the Taliban seized power in 2021 in the wake of the chaotic withdrawal of US and NATO forces.

Utah | Ralph Menzies dies on death row less than 3 months after his execution was called off

Judge was set to consider arguments in December about Menzies’ mental fitness  Ralph Menzies, who spent more than 3 decades on Utah’s death row for the 1986 murder of Maurine Hunsaker, has died.  Menzies, 67, died of “presumed natural causes at a local hospital” Wednesday afternoon, according to the Utah Department of Corrections.  Matt Hunsaker, Maurine Hunsaker’s son, said Menzies’ death “was a complete surprise.”  “First off, I’d say that I’m numb. And second off, I would say, grateful,” Hunsaker told Utah News Dispatch. “I’m grateful that my family does not have to endure this for the holidays.” 

Iran carries out public hanging of "double-rapist"

Iran on Tuesday publicly executed a man after convicting him of raping two women in the northern province of Semnan. The execution was carried out in the town of Bastam after the Supreme Court upheld the verdict, the judiciary's official outlet Mizan Online reported. Mizan cited the head of the provincial judiciary, Mohammad Akbari, as saying the ruling had been 'confirmed and enforced after precise review by the Supreme Court'. The provincial authority said the man had 'deceived two women and committed rape by force and coercion', adding that he used 'intimidation and threats' to instil fear of reputational harm in the victims.

Burkina Faso to bring back death penalty

Burkina Faso's military rulers will bring back the death penalty, which was abolished in 2018, the country's Council of Ministers announced on Thursday. "This draft penal code reinstates the death penalty for a number of offences, including high treason, acts of terrorism, acts of espionage, among others," stated the information service of the Burkinabe government. Burkina Faso last carried out an execution in 1988.