Forensic experts work the murder site of Mickie Costanzo. If Patten’s confession is suppressed evidence gleaned from this site could become all the more crucial in getting a conviction.[media id=13 width=320 height=240]
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Kody Patten’s confession to the murder of Micaela “Mickie” Costanzo may never reach a jury according to one experienced death penalty attorney contacted by the High Desert Advocate.
Speaking on the condition of anonymity, the lawyer said that anything Patten said after he was formally arrested by West Wendover Detective Donald Burnham may be deemed inadmissible.
“The first thing I would do,” the attorney said. “ Would be to move that the confession be surprised and I think I would have more than a fair chance of winning.”
After several hours of interrogation that began last Sunday night and went into the early morning hours of the following Monday Patten finally admitted that he had driven Mickie Costanzo to the location where her body was found. According to the report prepared by Elko County lead detective Kevin McKinney, Patten was then immediately given his Miranda Rights and placed under arrest by West Wendover Police Detective Donald Burnham.
According to McKinney’s report, instead of asking for a lawyer Patten asked to call his father and a short time later confessed to the killing even while insisting it was an accident.
“Patten’s lawyer could well argue that no matter how well intentioned his father’s advice was it was inherently bad from a legal perspective,” the attorney said. “There is no way any attorney would tell his client to confess to this crime especially to most of the elements that warrant a death penalty.”
Even without the confession the case against Patten is still strong and getting stronger. Police have the digital recording of Patten waiting outside the West Wendover High School girls locker room waiting for Costanzo, they may also have the murder weapon, a shovel along with Patten’s finger prints on it.
“From what I have read the confession is just the icing on the cake,” the attorney said. “Sure it would be nice to have but taken with everything else it may not be necessary. Of course the autopsy report may make it irrelevant altogether.”
The autopsy report is now being prepared in Reno and is expected to be released within the next two weeks.