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The family of a murdered Wendover girl, Micaela Costanzo, expressed their outrage at Justice of the Peace candidate Brian Boatman’s letter of support for one of her killers, Toni Fratto.
“It really is awful,” said Micaela’s mother Celia Costanzo. “Why would he do something like that?”
Boatman’s letter along over two dozen others with were submitted by Fratto’s lawyers to District Court Judge Dan Papez as part of Fratto’s pre-sentence report.
In a plea deal this January Fratto agreed to plea guilty to the charge of second degree murder with the use of a deadly weapon and to testify against her boyfriend Kody Patten. Fratto like Patten had been charged with first degree murder and also like her accomplice was facing the death penalty.
The letters were solicited by her parents Claud and Cassie Fratto and have been delivered to the court in advance of her sentencing.
“It wasn’t a leniency letter like a lot of people are saying,” Boatman said in a Wednesday interview with the Advocate. “I just recounted how I knew her by her baby sitting my kids and through church camps. I believe I also wrote she wasn’t a throwaway kid and that I believed she was salvageable.”
“I don’t believe he (Boatman) ever used the word leniency,” said a source close to the case who read the letter. “On the other hand these types of letters are sent to the court before sentencing hopefully to influence sentencing. You don’t have to be a genius to know that only the supportive letters are going to forwarded to the judge.”
Boatman added that he no longer had a copy of his letter and District Judge Dan Papez said he would not release any letter until after sentencing if at all.
While the exact contents of Boatman’s letter may not be known at least for the near future the very fact that he wrote one is already causing something of a backlash. His campaign signs are reportedly disappearing from West Wendover lawns and his support is also said to be withering.
“I was kind of leaning his way,” said a former City Councilman Mike Gunter. “But not anymore. There is no way I would vote for him now. I am angry.”
Of the 26 letters supporting Fratto the vast majority are authored by relatives or long time friends of the Fratto family. Boatman who is now the Juvenile Probation Officer at West Wendover High School is the sole law enforcement officer on the list and as a candidate of Justice of the Peace the only person on the list that can be classified as a “public” person.
It will be the editorial position of the High Desert Advocate not to release the names of the other authors at least for the time being.
Ironically if Boatman overcomes the letter issue and wins the race for judge he would be violating a major judicial canon if he wrote a similar letter.
According to the Nevada Code of Judicial Conduct judges are expressly forbidden to be character witnesses in another judges court.
“R u l e 3 . 3 . T e s t i f y i n g a s a C h a r a c t e r W i t n e s s . A j u d g e s h a l l n o t t e s t i f y a s a c h a r a c t e r w i t n e s s i n a j u d i c i a l , a d m i n i s t r a t i v e , o r o t h e r a d j u d i c a t o r y p r o c e e d i n g o r o t h e r w i s e v o u c h f o r t h e c h a r a c t e r o f a p e r s o n i n a l e g a l p r o c e e d i n g , e x c e p t w h e n d u l y s u m m o n e d .
C O M M E N T
[ 1 ] A j u d g e w h o , w i t h o u t b e i n g s u b p o e n a e d , t e s t i f i e s a s a c h a r a c t e r w i t n e s s a b u s e s t h e p r e s t i g e o f j u d i c i a l o f f i c e t o a d v a n c e t h e i n t e r e s t s o f a n o t h e r . S e e R u l e 1 . 3 . E x c e p t i n u n u s u a l c i r c u m s t a n c e s w h e r e t h e d e m a n d s o f j u s t i c e r e q u i r e , a j u d g e s h o u l d d i s c o u r a g e a p a r t y f r o m r e q u i r i n g t h e j u d g e t o t e s t i f y a s a c h a r a c t e r w i t n e s s .”
“Yes I know that I would be breaking a judicial ethic if I was a judge,” Boatman continued. “But I am not the judge yet.”
“I think that is cutting awfully fine,” said West Wendover Justice Reese Melville, the man Boatman hopes to unseat this year. “If you are going to run for judge you better act like a judge from the day you file. Claud asked me to write a letter and I turned him down.”
Melville was not the only person to reject the request by the Fratto’s.
Mayoral Candidate Emily Carter said she also declined when asked but said she understood and as a parent sympathized with the Fratto’s and their situation.
“I can think of no good reason for Mr. Boatman to involve himself in the Fratto case,” Melville said. “Above everything else a judge or even a candidate for judge should try to act as impartial as possible and not take sides or appear to be taking sides on any issue especially one involving higher court. Take this along with his signs I think it calls into question his personal judgment.”
Melville was referring to Boatman’s and fellow candidate in the JP race David Wiskerchen placing of campaign signs a month before they were officially allowed by city ordinance.
When asked last month whether he was aware of the ordinance last month boatman said he was but questioned the constitutionality of the ordinance since his signs were on private property.
So far the city has taken no action against either Boatman or Wiskerchen perhaps for that very reason.
“Really whether its constitutional or not should not be a consideration,” Melville argued. “Especially for someone who says he wants to be Justice of the Peace. Interpreting the constitution is way above our pay grade. Our job is to apply the law as written by city, county or state legislative bodies. Are there some ordinances I might personally disagree with? Sure there are. But I, or any other Justice of the Peace or Municipal Court Judge, do not have the power to throw out a case because we think the law is unfair or unconstitutional. And we (judges) certainly shouldn’t willingly violate an ordinance because we think it is unconstitutional. That is for a much higher court to decide.”
Melville added that he would not put up campaign signs until the date indicated by the ordinance despite the fact that his two opponents already have.
“Even if my opponents don’t,” he explained. “I will abide with the spirit and the letter of the ordinance even if it costs me the election.”
Given the public reaction to Boatman’s letter to the court, Melville may not have to worry or at least worry less about that challenge.
Indeed the letter issue has reopened at least for some voters the “Mormon” question about Boatman that he tried with some success very early in the campaign.
“At first I was kinda turned off to the idea of Brian as Judge, mostly because I always thought he was very “Mormon” and for some reason that didn’t sit well with me because I don’t want a Judge giving verdicts based on what the Mormon church tells their people to do.” Wrote a blogger identified as ‘Michael’ on the Advocate’s website. “But as I think about it that’s just a knee-jerk reaction, and we can’t judge him based just on his religion. So it will be interesting to see what his ideas are and why he wants to be Judge.”
Members of the LDS Church make up a very large voting block in West Wendover. They are however not the majority and in the past several candidates won local election by appealing to anti-Mormon prejudice.
The fact that Toni Fratto is also Mormon has opened up that religious can of worms all over again.
“I think the only reason why he wrote that letter was because they are both Mormon,” said a member of the Costanzo family. “So what’s it going to be when he is judge are all Mormons going to get a free pass?”
While Fratto’s and Boatman’s religion has gotten very little mention in the local media it is a major news hook in the national press and even more so in other English speaking countries such as Great Britain and Australia.
In the four stories published by the London based Guardian newspaper Fratto is always referred to in either the headline or the lead paragraph as a Mormon girl or Mormon killer.
While Boatman’s involvement in the Fratto case has created a firestorm, his letter attesting to the overall good character of Fratto is probably not going to carry much weight in Judge Dan Papez sentencing.
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“Given the severity of the crime I really doubt that whether or not Toni Fratto was a good baby sitter will figure much into it,” said an attorney close to the case. “Her admission that she murdered or helped murder Mickie Costanzo speaks more to her character than a whole ream of letters.”
While the submission of character references on behalf of convicts awaiting sentencing is considered a normal part of defense tactics most defense lawyers also admit that except in very rare cases, character references by friends or family usually have very little impact on the actual sentence. Far more important in the sentencing process are psychological evaluations ordered by the court which are balanced by victim impact statements.
“You get the character letters mostly to protect yourself from being sued by your client after they get to prison,” said one defense lawyer.
True example of his LACK of character! Just what WW does NOT need is a judge such as him! The poor Costanzo family has been through so much and then to be stabbed in the heart by someone who was sworn to “serve and protect” the people?????? Incredibly sad!!!!!
I would still like to see the letter in question. Is there no way that the paper can get a hold of it after the sentencing? I’d like to see if it was Boatman’s mere observation of her character or if he was trying to get her leniency.
As for the sign issue we all know what freedom of speech entails and what private property is..this is a non issue. I have a right to put up anything on my lawn that I want to.
The Mormon connection is also a non issue for me, I don’t think Boatman would have refused to write a letter if this girl were Catholic like me.
I personally cannot condone what Brian has done, but he did so as a Officer not as a Judge…. yet. But I will say that having been in public office and been through 3 elections that any signs of improper conduct will leave you out in the cold come election day. I truly hope he understands what he did and is willing to back it up, if he does then win or loose he will go down as a man of conviction.
JUST MY OPINION. This is a travesty. These families need to find some peace and closure if that is possible.
I don’t like what I am reading into this article. For me it seems that some have committed (Political Opportunity) SHAMEFUL
Isn’t Melville in court today for doing something actually illegal? why isn’t cayote reporting on that as well?
What is next????? Writing one for Patten, too????
Well if you have paid attention the advocate did talk about judge Melville
MARGET SORRY TO SAY BUT WHAT MELVILLE WAS NOT DOING ANY THING ILLEGAL!!! MAYBE YOU SHOULD LOOK IN TO THINGS BEFORE YOU SAT S**T YOU THINK???
TELL ME IF SHE GETS OUT WILL BOATMAN WANT HER TO BE AROUND HIS KIDS AND OR GRANDKIDS?/ AND YA BY THE WAY WHERE WAS BOATMAN AT WHEN THIS ALL HAPPEN?? WASN’T IT BOATMAN WHO FOUGHT TO KEEP KODY IN SCHOOL??
That’s a huge part of the problem…TOO many people fought against the school to keep Kody in school!! Pretty sad that he fought for him, too! Just who one needs as a judge…NOT!!! I pray the only two votes he gets, other than his own, are those of Mr. And Mrs. Fratto!
Wow, all I can say is this is why I am so glad to be out of Wendover. All of you on here making your lousy comments seem to forget one thing, Brian Boatman is the ONLY person in that town that gives a crap about your kids. Why must you condemn someone simply because he does not believe it is alright to give up on people and through them away like they’re garbage; especially when those people are children. Do you think he knew for a second what Kody was going to do when he fought to keep him in school? I don’t think so, he just saw a troubled child in need of assistance and he was trying to help him so that a situation such as what occured whould not occur. The vast majority of children in that town are messed up emotional wrecks headed for disaster and guess what…nobody in that town cared; not the school, not the police, not anyone from the county even. Brian Boatman cares about the children in that community and honestly tried to help them and become a positive influence on their lives. Also, let us remember that this is the Advocate you’re reading from; a paper known for it’s lying and B.S. in the attempt to sell more papers.
Officer Boatman did nothing wrong. And yes, Melville had a disciplinary hearing today for other poor behavior. And I know for a fact that Melville is crooked. I won’t go into detail about that, because all this mudslinging in BS. Boatman is a man of great integrity, and he has done wonderful things for our community and for our children. He didn’t fight to keep Kody in school. He fought to try to help him turn his life around and not become the murderer he turned into. Michaela’s family will get peace and closure, but some are trying to make it out like Boatman condoned the actions of Toni. He wants her to face her punishment. And no, he will absolutely Not be writing anything for Kody. His intent was not to hurt the Costanzo family. He simply said that Toni is not a throwaway. Damn reporters blow everything out of context, and small minded people buy into it. He still has plenty of votes coming his way.
I can’t stand it any longer!
1-I know for a fact he NEVER fought to have kody stay in school. Quite the opposite!
2-The Mormom card again?…..please give it a rest!
3-Reese Melville is in fact in Las Vegas this day getting talked to about the UNETHICAL THINGS HE DID IN OUR COURTROOM WHILE BEING OUR JUDGE. Letter of the law, huh?
4-Boatman has done so much for this community! He has helped the youth tremendously. Do you really think that if one of your friends made a horrible decision that all was lost in that person? I refuse to think that Toni is a lost cause. If we thought all people who made a bad choice shouldn’t get another chance we would all be in jail or prison. His letter merely talked of her character BEFORE this horrible event! I am glad he hasn’t given up on the youth of this town! They are our future.
FOR ONE MARCELLA, MELIVLE WAS NOT IN LAS VEGAS ON FRIDAY YOU PEOPEL NEED TO GET SHIT RIGHT AND FOR A OTHER IF ME MELVILLE DID ANYTHING CROOKED I SURE WOULD LOVE TO KNOW WHY HE DID AS ALL I CAN SEE IS THAT THE COURT IS BETTER RAN NOW THAN EVER BEFORE. FOR A OTHER BOATMAN WANTS TO DO FOR THE KIDS THEN HE NEEDS TO SATY WHERE HE IS AS YOU CAN NOT HELP KIDS AND FOR A JUDGE GOIN TO A UNERHICAL THING THAT TO SAY THIS BUT JUDGE GO THOUGHT IT ALL THE TIME BUT BACKSTABING BOATMAN WANT TO MAKE SURE YOU ALL GOT A COPY OF WHAT WAS IS THE PAPER IN EKLO!
SOORY THE ME WAS TO BE MELVILEE HAVE KIDS HELPING ME.
ALSO I THINK I HEARED BOATMAN WAS TRYING TO TAKE HER SISTERS KIDS AWAY AS THEY WE BEING MADE FUN OF ECT AT SCHOOL AND THE SCHOOL DID NOTHIG SO THEY TOOK THEM OUT AND WAS MOVING BUT BOATMAN WAS TRYING TO TAKE THEM NICE GUY UH. TAKE KIDS AWAY FROM THE SISIER AND THEAN TURN AROUND AND ASKS A JUDGE TO BE NICE TO SOMEONE WHO IN HER OWN WORKS SAID SHE KILLED SOMEONE I AM SO GLAD I DO NOT LIVE THERE ANY MORE AS IT IS STILL FULL OF BACKSTABYING PEOPLE SOMETHINGS NEVER WILL CHANGE
Put down the pills Beth…I mean Debbie and turn on your spell checker and grammar buttons.
Stop! This is ridiculous! Attacks achieve nothing! Stop! I ask my supporters to STOP falling for this garbage. Stop! If you have a legitimate question, ask me. Otherwise, stop!
Marcella who is Beth?? Can’t say I know her sorry
Maecella this is Beth and if you have something to say to me say it to my FACE.And as far as this Debbie I don’t know who she is or do I care. And as far as me and the PILLS you say I am on ask my DR or lose your child and see how you are. What Reese does is what he does and what I do is what I do. I live my own life So you want to say something say it to my FACE don’t hide And I really don’t care what people think of me as I am who I am and I will not want it any other way.You all need to get your own life if you ask me and stay the hell out of mine!!!!!1
AND TO ALL OF YOU I HAVE BUT ONE JUDGE WHO CAN JUDGE ME AND THAT IS GOD
Thoes two POS’s are worse than garbage!!! That little BIT** threw her own life away!! She should rot!
Okay so people are referring to Fratto’s action as a mistake or a bad choice. she killed someone!!! And I personally do not believe that is something you can fix. She is disturbed! And murder is something you dont go to rehabilitate from. Its not a drug.
And as for Boatman. He is the ONLY one who has been there for the kids. And until people see this letter, no one should judge. It is hard enough on the Costanzo family let alone all this going on. The community is only dividing its self. We all need to be behind the Costanzo’s as they will be going through a sentencing and a trial soon. I truely believe that Justice for Micaela will prevail! Lets focus on Micaela and her family and not the self confessed killers!!
So..many of you claim Boatman was “the only one there for the kids” …it truly is mind boggling and scary that he would support an ADULT who murdered a CHILD!
Also…many may claim that the schools did NOTHING to help those two…were you there??? Perhaps try walking a day in their shoes…you have NO IDEA!!! I know of several things the schools did trying to help him, only to get shut down by his parents who made excuses for him and others (Boatman included) who fought to keep him in school, instead of sending him for the help he needed! I am sure I am only aware of a VERY small part of the MANY things the school did, since I do not work there…wake up…it has to start in the home!!! I will guarantee you, the schools did more in an attempt to help those kids than any individual did!
So..many of you claim Boatman was “the only one there for the kids” …it truly is mind boggling and scary that he would support an ADULT who murdered a CHILD!
Also…many may claim that the schools did NOTHING to help those two…were you there??? Perhaps try walking a day in their shoes…you have NO IDEA!!! I know of several things the schools did trying to help him, only to get shut down by his parents who made excuses for him and others (Boatman included) who fought to keep him in school, instead of sending him for the help he needed! I am sure I am only aware of a VERY small part of the MANY things the school did, since I do not work there…wake up…it has to start in the home!!! I will guarantee you, the schools did more in an attempt to help those kids than any individual did!
Completely agree Mr. Boatman never should have written that letter. But the mormon attacks within the article and in the comments is inappropriate. While both Mr. Boatman and the Frattos may be mormon, the Frattos are clearly not following the mormon values and Mr. Boatman appears to be bending them as well. We all know that in every religion there are those who do not always follow the religion correctly and Mormons are no exception.
Let’s not judge the Mormon religion based on the terrible choices of some, we could make the same judgement about other religions. I could bring numerous examples from the national news in which leaders of other churches have not made the best choices either.
I for one am a mormon and I do NOT support the Fratto family. Toni Fratto has committed the most serious sin possible and the Mormon faith will never take that lightly. My heart goes out to the Costanzo family and I offer my sincerest prayers for them. I hope justice will be served in this life, but if not, I know it will in the hereafter.
To ————
Let’s let God be the judge of ones sins.
I must ask though, as I am perplexed, as to how you view the Frattos as “Not following the Mormon values”? What “Mormon Values” might you be referring to? Not that I want to get into a religious debate with you, BUT you judging another is, in itself, against Mormon values.
You people are so blind. You let your bias thoughts dictate what you think of someone. Boatman is a kind man and is not bias towards others. These Articles are made to create this mayhem and confusion to get your attention. All that they want is your money. You’re a fool for believing such things. Perhaps you all should ask Boatman and The Family yourself rather than depending on the thoughts of someone who is willing to warp the truth for your money.
Colton I agree that alot of these stories have some extras added in BUT Kody and Toni and DISGUSTING PATHETIC EXCUSES for human beings and if a letter was written I dont agree with it they should both sit and ROT!!!
This is what happens when people let their emotions rule out the matter. Again:
1. It is not your duty to judge someone, unless you’re a judge or part of the jury handling the case (you don’t have the authority).
2. It is none of your business if someone decides to write a character reference in behalf of an individual (he has his reasons that may be unknown to you).
3. Did Boatman violate any rule of law by writing the reference? If not, then what is your problem when existing laws do not even have a problem with it?
4. Have you ever written a character reference for court before? If not, maybe you should know how to write one first. This might help: http://www.criminal-lawyers.com.au/courts/character-reference
5. A character reference for court aims to show the judge the positive qualities of a person. What is wrong with that? Do you really want to forget all of those and just focus on the allegation? Aren’t you being unfair? You are actually being honest by writing a character reference.