Patten & Fratto Face Prelim Together

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Accused teen killers Kody Patten and Toni Fratto will see each other again July 13 for the first time since late April, confidential sources confirmed to the High Desert Advocate Wednesday.

The pair will be scheduled to appear before Elko County Judge Al Kacin in a two day long preliminary hearing for the murder of 16 year old Micaela Costanzo. The hearing is tentatively set to begin on the morning of July 13th and end July 14th.

Originally only Fratto was set to appear as Patten was under going psychiatric evaluation at the Lakes Crossing Mental Hospital in Reno. While usually taking two months Patten was sent back to the Elko County Jail after only about three weeks. The fact that he will now be included in the preliminary hearing along with the relative swiftness of his evaluation could indicate that state psychiatrist determined he was mentally fit to stand trial for the horrific crime.

Costanzo was killed Thursday, March 3rd apparently between the hours of 5 pm and 6 pm after she was abducted by Patten and perhaps Fratto from the West Wendover High School.

Her body was discovered the following Sunday and Patten confessed to the murder that Monday.

For six weeks after her lover’s arrest Fratto played the role of the dutiful girlfriend, calling Patten daily and visiting him twice a week every week.

Then on Friday April 22, Fratto marched into the offices of Patten’s Elko attorney Jeffrey Kump and confessed not only to being with Patten when the murder took place, but also being the one in charge of crime and to delivery the fatal blow herself.

Her confession was theatrically released during the hearing that sent Patten for his mental evaluation May 3. Fratto was arrested the next day and has not reportedly seen Patten since.

Since that imposed separation sources relate to the Advocate, Fratto insistence that she was the “real killer” has wavered and may soon recant her confession.

According to Fratto’s Elko attorney David Lockie Fratto will plead not guilty to the murder at her preliminary hearing.

Even before it leaked out that the girl might be changing her mind sources close to the investigation doubted the former Wendover Junior Miss’ tale, simply because Fratto may simply not have had enough time to do what she claimed to have done.

While the girl’s whereabouts is not known from 5 pm, she and her mother were recorded as being in attendance at a West Wendover Recreation District meeting at 6 pm and witnesses report they arrived a few minutes before the meeting was gaveled to begin.

“I think they were there a little before the meeting began,” said board chairman Kerry Robinson.

A run through conducted by the High Desert Advocate suggested that 55 minutes was enough time but just barely. Following Fratto’s version of events in the police report the Advocate timed the drive involved. The drive from the West Wendover High School to the Nevada gravel pit, the murder scene took approximately 10 minutes. The drive back through Wendover to the Utah gravel pit took approximately 15 minutes and the drive back from the Utah gravel pit to the Fratto house another 15 minutes. With the drive times subtracted the couple if Fratto’s account is true had about 20 minutes to commit the murder, destroy the evidence across town and then return home to cleanup before Toni Fratto was seen again with her parents.

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Fratto’s retraction of her confession will probably not sit well with Patten or his attorneys. If she maintains her insistence that she was the black widow in the crime, Patten could reasonably charged with second degree murder. The deference between facing the death penalty or life in prison without parole to a 25 year sentence with the possibility of parole after 10 years served.

If Fratto retracts her confession the case could easily become a three ring circus with Patten accusing Fratto, Fratto accusing Patten and the District Attorney accusing both teens.

Just whether this scenario plays out could be indicated at the couple’s preliminary hearing.