Let’s Make a Deal

Summary

Five Miles From Home — Episode Summary

Podcast: Five Miles From Home

Host: NBC News (Keith Morrison, Narrator)

Episode: Let’s Make a Deal (June 22, 2026)

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Overview

This gripping episode, "Let’s Make a Deal," chronicles the aftermath of Micaela (Mickey) Costanzo's murder in a small Nevada casino town. Keith Morrison traces the unraveling of the investigation, focusing on the plea negotiations with the two teenage suspects—Cody Patton and his fiancée, Tony Fratto—and the volatile dynamics, betrayals, and emotional wreckage that ensued for everyone involved. Through diary evidence, court testimony, and raw family interviews, Morrison dissects not only the question of "who did what," but also the deeper "why," revealing layers of jealousy, insecurity, and possible manipulation behind the crime.

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Major Discussion Points and Insights

1. Two Suspects, Two Mysteries: "Who drove the bus?" and "Why?"

(01:01–04:08)

• Detective Donald Burnham is struggling to understand which of the suspects was the instigator and what motivated the crime.
• Cell phone records show over 100 calls and texts between Cody and Tony on the day of Mickey's disappearance, with a suspicious lull during the likely time of the murder.
  • “There was conversations and texts between Tony and Cody from the beginning of the morning until up till 7 o'clock.” – Bill Savage, Private Investigator [02:22]
  • "111 calls and texts, to be precise, over the course of 10 hours." – Keith Morrison [02:39]
• Theory: Cody abducted Mickey and was off the grid (phone silent) during the actual crime window.

2. How It Happened: Tony’s Story

(04:17–15:57)

• Tony Fratto recounts being notified by Cody that he had Mickey in the desert.
  • "I had gotten a text saying that he had had her, and I didn't believe him." – Tony Fratto [04:17]
• Tony claims she was coerced by Cody to participate and witness the murder:
  • "He had had her in the car with him. So I told him, you know what? Come get me. I just had a knot in my stomach." – Tony Fratto [04:25]
• Describes scenes of violence: Mickey beaten, tied with zip ties, and ultimately murdered and buried in a shallow grave. Tony describes being ordered to hit Mickey multiple times.
  • “I remember him, like, pulling back her hair and saying to hit her. Do it. It'll be okay. Just do it. And I went up and hit meter in the face.” – Tony Fratto [14:23]
  • “I remember going up and holding her leg down. So she stopped kicking. And then all of a sudden her legs went completely still and she wasn't moving.” – Tony Fratto [15:19]
• Confirmation of Tony’s involvement, but ambiguity remains over who truly masterminded the crime.

3. Plea Deals, Confessions, and Shifting Allegiances

(05:44–08:23, 11:32–12:39)

• Cody is initially offered a plea deal (no death penalty, life with parole possibility), but he refuses to implicate Tony and ultimately declines.
• The next day, Tony is offered a better deal (second-degree murder, parole possible in her 30s). She accepts and agrees to testify against Cody.
  • “That was the safest way to go... at least a possibility that Cody would see Daylight again.” – John Olson, Cody’s Attorney [06:40]
  • “She was given a plea bargain to second degree in return for her cooperation and statement and agreement to testify.” – John Olson [08:01]

4. The Emotional Impact on Families

(05:29–05:44, 17:38–20:36)

• Mickey’s family is devastated, especially around the holidays.
  • “Christmas Day. It was not fun for me, is not the same. And I don't ever think that's gonna go away as much as I try.” – Celia Costanzo, Mickey’s Mom [05:29]
• In court, Mickey’s relatives give impassioned victim impact statements:
  • “I hope that you give her the maximum that you possibly can.” – Christina, Mickey’s Sister [17:38]
  • “I don't want nothing good for her ever.” – Teddy, Mickey’s Father [17:47]
• Celia Costanzo sharply criticizes Tony's apology as insincere.
  • “That was not an apology, it was bs... She was not sorry...” – Celia Costanzo [18:35]

5. The Judge’s Sentencing and Legal Outcomes

(19:15–20:36, 33:10–36:08)

• Tony receives life plus 20 years, eligible for parole after 18 years due to her deal.
  • "This is as violent a murder as I've seen in 20 years on the bench." – Judge (Paraphrased by Keith Morrison) [19:15]
  • “Am I happy that she can get parole at some point? No... She does not deserve to get out...” – Celia Costanzo [20:03]
• Cody, after realizing the danger Tony’s testimony poses, takes a plea (again), this time sticking to it. He is sentenced to life without parole.
  • “This man should never see the light of day.” – Celia Costanzo [33:10]
  • “Your blood runs cold. Mr. Patton, I sentence you to a term of life... There shall be no possibility in the parole.” – Judge (Paraphrased) [36:01]
  • “Live in prison for the rest of your life. And every day I want you to think of what you did to my daughter.” – Celia Costanzo [36:08]

6. Tony’s Diaries: The Real Motive?

(24:50–30:21)

• Tony’s diaries are discovered in storage, providing insight into her insecurity, jealousy, and possible motive rooted in fear of losing Cody to Mickey.
  • “She expressed an attitude of being a very lonely person with no friends. She commented about Mickey's attractiveness and she, Tony being very unattractive...” – Bill Savage [25:39]
  • “I gather that's correct.” – Bill Savage, confirming Tony’s lack of self-worth and jealousy [26:45]
• Explicit references to Mickey and feelings of rivalry over Cody, indicating significant animosity:
  • “Tony was jealous of Mickey. And if she were out of the picture, then Cody and Tony would be together.” – Bill Savage [27:13]
• Cody’s lawyer argues these diaries show Tony’s motive, not Cody’s.
  • “In Olson's mind, it must have been Tony who wanted Mickey dead, not Cody. Maybe her big, strong boyfriend was just doing her dirty work.” – Keith Morrison [28:27]
  • “There's nothing more mindless than a teenage boy full of hormones. Nothing.” – John Olson [28:52]
• Mickey’s family agrees Tony was controlling and jealous:
  • “Toni used to get so upset if Mikayla was seen talking to Kody... She'd yell and holler and say horrible things to Mikayla.” – Christina, Mickey's Sister [29:35]
  • “She became, like, obsessed with him and Cody.” – Celia Costanzo [30:16]

7. Aftermath and Lingering Questions

(21:33–21:55, 37:15–38:26)

• Family members, including Christina, believe Tony hasn’t fully confessed and is more responsible than she admits.
  • “She still doesn't want anybody to know what really happened, what her real true involvement was.” – Christina [21:33]
• Cody expresses his belief that both he and Tony are to blame, citing jealousy and anger as the only motives he can explain.
  • “I am to blame as much as her. As to the motive of this crime, I believe it was jealousy, anger, senselessness.” – Cody Patton [33:49]

8. Looking Ahead: The Truth Still Unresolved

(38:11–38:26)

• Teaser for the next episode: Tony will speak directly, faced with pointed questions about her role and motive.

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Notable Quotes and Memorable Moments (with Timestamps)

• “We know Cody picked Mickey up at school. We know that Mickey didn't call like she regularly did. Phone had to have been taken away from her somehow.”
  — Bill Savage, Private Investigator [03:09]
• “I'm a person to tell the truth, and deep down, I wanted people to know the truth because I knew Cody wasn't going to come forward.”
  — Tony Fratto [12:27]
• “She had looked up at Cody and asked, am I still here? Am I still alive? And then she kept repeating, just take me home. I won't say anything. Just take me home.”
  — Tony Fratto [15:57]
• “That was the safest way to go. That was the way that would present at least a possibility that Cody would see Daylight again, and it would take the death penalty off the table.”
  — John Olson, Cody’s Attorney [06:40]
• “She commented about Mickey's attractiveness and she, Tony being very unattractive and conflicts between herself and Cody back and forth, breaking up, getting back together, breaking up.” — Bill Savage [25:39]
• “It was the only one on paper in her own handwriting.” — John Olson, referencing Tony’s diaries as motive [28:23]
• “You always had the power and the ability, Mr. Patton, to stop the wheels of this murder that you put into motion. Your blood runs cold...”
  — Judge (as paraphrased by Keith Morrison) [36:01]
• “Live in prison for the rest of your life. And every day I want you to think of what you did to my daughter.” — Celia Costanzo [36:08]

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Timeline of Key Segments

| Timestamp | Content | |-------------|-------------------------------------------------------------------------------------| | 01:01–04:08 | Detective Burnham & Bill Savage analyze cell phone evidence, reveal timeline holes | | 04:17–15:57 | Tony’s detailed confession, crime reenactment, and emotional accounts | | 05:29–05:44 | Celia Costanzo on the family’s grief during the holidays | | 06:40–08:23 | Discussion of plea deals, legal strategizing, and Cody’s reversal | | 17:38–20:36 | Courtroom drama: Sentencing, victim impact statements, and reactions | | 24:50–30:21 | Discovery and analysis of Tony’s personal diaries, revealing motive | | 33:10–36:08 | Cody’s sentencing, family impact, and final statements | | 38:11–38:26 | Preview: Next episode promises further revelations from Tony Fratto |

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Tone & Language

The episode maintains Keith Morrison’s signature somber, investigative delivery, balancing deep empathy for the Costanzo family with a dry, nearly literary sense of drama. The language from family members is raw, candid, and emotionally charged, reflecting both grief and fury. Legal perspectives are offered in direct, sometimes philosophical terms, especially by John Olson.

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Summary

This episode of "Five Miles From Home" provides intense insight into the tortuous process of justice after Mickey Costanzo’s murder. It spotlights how legal deals, personal insecurity, and manipulation shape not just verdicts, but the enduring pain of a community — and how, even as justice is served, the whole truth might remain just out of reach. The emerging narrative, centered on Tony’s diary and jealousy, leaves listeners questioning who truly “drove the bus,” and what betrayal can really mean in the darkest corners of a small town.

Next episode: Direct answers from Tony Fratto—will the full truth finally come to light?

Transcript

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[Narrator (Keith Morrison)]

Detective Donald Burnham was stumped. Yes, decidedly stumped. Because even though Cody and Tony were securely locked up and awaiting trial, there were things, important things he just didn't understand about the murder of that poor young woman out in the desert. Two mysteries in particular. Which of those killer kids was driving the bus, so to say, that is which one pronounced sentence on Mickey Costanzo seemed like one of them had to be more in charge than the other. Or maybe not. But for now, it seemed a reasonable hypothesis. And the second mystery could be expressed in one three letter word. Why? Why kill Mickey? That smart, sweet, popular young woman that never harmed a living soul. Well, there was possibly one way to start answering those questions. Call it triangulation via cell phone. Buried in the phone records of Tony Fratto and Cody Patton was a trove of digital data recorded the day Mickey was taken. That is, who texted whom and when and where. Here's Detective Donald Burnham.

[Private Investigator Bill Savage]

There was conversations and texts between Tony and Cody from the beginning of the morning until up till 7 o'. Clock.

[Narrator (Keith Morrison)]

How many calls are we talking about?

[Private Investigator Bill Savage]

Approximately over 100.

[Narrator (Keith Morrison)]

Wow. So they were just constantly in communication?

[Private Investigator Bill Savage]

Definitely all day. They both knew each other's whereabouts and

[Narrator (Keith Morrison)]

what was going on. 111 calls and texts, to be precise, over the course of 10 hours. Except for one particular window of time, Burnham and private investigator Bill Savage were convinced that the activity and its timing could tell them something. Especially when they discovered that Cody and Mickey were also talking and texting just before Mickey vanished. Here's Bill Savage.

[Private Investigator Bill Savage]

We know Cody picked Mickey up at school. We know that Mickey didn't call like she regularly did. Phone had to have been taken away from her somehow.

[Narrator (Keith Morrison)]

As Savage kept digging through those cell records, he noticed that activity on Cody's phone dropped dramatically around 5:15pm about the time Mickey went missing. Then just a few sporadic calls and texts between Cody and Tony up until 7pm Nothing at all like the flurry of texts constantly pinging earlier in the day. So 5:15 to 7, what was Cody doing when he was off his phone? Savage had a theory.

[Private Investigator Bill Savage]

Somewhere in that hour and 45 minutes, Cody tie wrapped Mickey's arms and had her way in the back of the trailblazer.

[Narrator (Keith Morrison)]

And then during that window, between 5:15 and 7:00pm well, this is Tony's version of events.

[Tony Fratto]

I had gotten a text saying that he had had her, and I didn't believe him.

[Narrator (Keith Morrison)]

Wait a minute. I don't understand that.

[Tony Fratto]

Saying that he had Mikayla. And he said that he was out somewhere in the desert and that he had her in the car with him. So I told him, you know what? Come get me. I just had a knot in my stomach. I didn't know what was going on inside his head.

[Narrator (Keith Morrison)]

I'm Keith Morrison, and this is 5 Miles from Home, a podcast from Daytime Episode 5 let's make a Deal. It was Christmas time in West Wendover, Nevada. The casinos on the little strip loved the holidays, and their bright lights burst out across the nighttime desert. Even city hall was aglow. Neighbor after neighbor lit the trees, brought in from far away and sang the happy carols. But not the Costanzo family. Not Celia, not now.

[Mickey's Mother Celia Costanzo]

Christmas Day. It was not fun for me, is not the same. And I don't ever think that's gonna go away as much as I try.

[Narrator (Keith Morrison)]

Cody Patton and his fiance, Tony Fratto, spent the holidays in jail, of course, awaiting their respective murder trials. On New Year's eve, just about 10 months since the murder, Cody turned 19. No one brought cake. How different his life had become. Just one year earlier, he had moved in with Toni and her family and was baptized into the Mormon church and was planning their wedding. And now Cody lived. Existed might be a better word, in the shadow of the death penalty. But as the new year began, Cody got a birthday gift of sorts of his lawyer. John Olson had been working behind the scenes with the DA to get him a deal, plead guilty, and get in exchange a long prison sentence with a chance at parole someday and no death penalty.

[John Olson (Cody's Attorney)]

That was the safest way to go. That was the way that would present at least a possibility that Cody would see Daylight again, and it would take the death penalty off the table.

[Narrator (Keith Morrison)]

In Cody's situation, that was a good deal, but the best he could hope for. There was a catch, however. Cody would have to testify against his fiance, Tony Fratto. In his confession to police, you may remember, he never even hinted Tony played a part in the murder. Now he'd have to reveal what really happened, and he decided he would do it. So two and a half weeks after his birthday, Cody and his attorneys met with the district attorney, ready finally to tell the whole story. And then suddenly, he changed his mind. He simply refused to implicate Tony at all. Instead, Cody Patton decided to turn down the deal and take his chances with a jury. And then the very next day, the DA offered Tony Fratto a deal. Well, not the same deal, better, said attorney John Olson.

[John Olson (Cody's Attorney)]

She was given a plea bargain to second agree in return for her cooperation and statement and agreement to testify.

[Narrator (Keith Morrison)]

Testify against Cody, tell all the terrible things he did. She would not only avoid the death penalty, but just maybe get a chance at parole when she would still be young, in her 30s.

[Private Investigator Bill Savage]

We were not in on the plea deal at all.

[Narrator (Keith Morrison)]

That was a surprise to us. These are Tony's parents, Claude and Cassie Fratto. It happened very quickly and was because Kody was going to do a plea deal and then backed out of it. And her attorneys talked to her and Tony said, you know what? Enough is enough. The truth needs to be told and I'm going to tell it. So on a chilly January day in 2012, little Tony Fratto was led from her jail cell to an office at the sheriff's department to tell her story for the record. And there, face to face with the D.A. she promised to tell the God's honest truth about who did what out there in the desert and why. So would she.

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[Narrator (Keith Morrison)]

It's a classic technique straight out of the police playbook and Criminal Justice 101. Got two suspects. Get one to take a deal and then rat on the other. Though rat on might not be the phrase the DA would actually use, the technique certainly helps crack a lot of cases. Takes a load off the legal system, too. And it certainly looked like it would help solve the murder of Mickey Costanzo. So now in the sheriff's office, surrounded by lawyers and cops, Tony Fratto told her story to the district attorney. A whole new story, a very different story of how her fiance, Cody Patton, after threatening and abusing her, forced her to witness and even help commit the murder.

[Tony Fratto]

I'm a person to tell the truth, and deep down, I wanted people to know the truth because I knew Cody wasn't going to come forward.

[Narrator (Keith Morrison)]

For three hours, Tony unloaded on Cody. How Cody was upset with Mickey, how he hated the sound of her voice, how things were building up. And then one detail of her story that did not change. The evening of March 3rd, that text message from Kody.

[Tony Fratto]

All it said was, I have her. And I didn't believe him. He ended up sending me a picture of Michaela.

[Narrator (Keith Morrison)]

And what did you see in this picture?

[Tony Fratto]

I saw Michaela in the, like the backseat. You could tell that she was very scared.

[Narrator (Keith Morrison)]

Cody picked her up around 7pm she said. And she sat beside him with Mickey stuffed in the SUV's cargo area. And then he drove out into the desert. Not a word was spoken, she said. As they approached the gravel pits, said Tony, Cody showed her a text he had typed on his phone.

[Tony Fratto]

And it said, we have to kill her.

[Narrator (Keith Morrison)]

Did you say anything?

[Tony Fratto]

I didn't say anything. I just kind of left. Why? And he just kind of shook his head and didn't see anything.

[Narrator (Keith Morrison)]

Cody pulled over. Said Tony ordered her to get out and stand guard to watch Mickey as he dug a hole. Tony said she peeked through the back window and saw Mickey sitting there silently.

[Tony Fratto]

I could tell that she had been beaten up.

[Narrator (Keith Morrison)]

As Cody finished digging the hole, Tony heard Mickey repeatedly ask, what's that for? What are you doing with that? Then Cody took Mickey from the car, said Tony, and pushed her to the ground.

[Tony Fratto]

I remember him, like, pulling back her hair and saying to hit her. Do it. It'll be okay. Just do it. And I went up and hit meter in the face.

[Narrator (Keith Morrison)]

Then Cody punched her and kicked her, said Tony, before producing a knife, which he used to cut off Mickey's sweatshirt.

[Tony Fratto]

That's when I had noticed that her arms were tied together.

[Narrator (Keith Morrison)]

In what way?

[Tony Fratto]

With the zip ties.

[Narrator (Keith Morrison)]

It got worse as Cody issued yet another order, said Tony, to smack Mickey with a shovel. And Tony said she did on the back shoulder must have hurt. But it wasn't enough for Cody, she said. He grabbed the shovel from her, she said, and hit Mickey in the head. And she blacked out. And then, said Tony, Mickey was suddenly in that hole. Cody dug her grave, as she called it. And he was on top of her.

[Tony Fratto]

And then I remember going up and holding her leg down. So she stopped kicking. And then all of a sudden her legs went completely still and she wasn't moving.

[Narrator (Keith Morrison)]

And though she had told Cody's lawyer she helped cut Mickey's throat, she now told the DA that wasn't true, only Cody used the knife. She insisted Cody and Cody, alone while she horrified, backed off, but couldn't stop watching and listening.

[Tony Fratto]

She had looked up at Cody and asked, am I still here? Am I still alive? And then she kept repeating, just take me home. I won't say anything. Just take me home.

[Narrator (Keith Morrison)]

Then Tony said Cody ordered her to get into the car. So she did as he demanded, she said, and listened to the last sounds of Mickey Costanzo's life.

[Tony Fratto]

And I kind of glanced over and she was down on the grave.

[Narrator (Keith Morrison)]

And then, said Tony, she Watched Cody bury Mickey by himself. You can't tell me to this day why this happened.

[Tony Fratto]

No.

[Narrator (Keith Morrison)]

He never told you that?

[Tony Fratto]

No.

[Narrator (Keith Morrison)]

Cody abused her, forced her to witness the killing of a friend and refused to tell her why. And with that, Tony Fratto had her deal. The sworn statement she provided would now comprise much of the DA's case against her fiance, Cody Patton. And none of it was like the story she told the day she showed up in her pajamas to see Cody's lawyer. Not the same at all. Three months later, she was back in court to be sentenced, this time for all to see her family, Mickey's family, friends from both sides, a hoard of media. Tony's shackles click clacked on the hardwood floors as she entered the crammed courtroom dressed in jailhouse blues. Then, one by one, Mickey's family went to the witness stand to give victim impact statements. Here's Mickey's sister, Christina. I hope that you give her the

[Mickey's Sister Christina]

maximum that you possibly can.

[Narrator (Keith Morrison)]

That's what she took away from all of us. Mickey's father, Teddy, also spoke, shaking with rage.

[Private Investigator Bill Savage]

I don't want nothing good for her ever.

[Narrator (Keith Morrison)]

That's what I see. That's what I want. Tony's attorneys told the judge that their young client wasn't a black widow, but rather a sheep controlled by a boyfriend who was jealous and possessive and isolating. And then Tony rose from her seat and seemed to weep, though no tears were apparent, and read a short and simple speech which was recorded in the back of the courtroom off mic.

[Tony Fratto]

I'm sorry for what I did not

[Narrator (Keith Morrison)]

do in that hospital. Celia Costanzo, Mickey's mother, was listening just a few feet away, furious.

[Mickey's Mother Celia Costanzo]

That was not an apology, it was bs. She did not look at us. She had no remorse. She was not sorry. She looked at a piece of paper. She read what she was supposed to read because it was expected of her. I was so angry to hear that garbage.

[Narrator (Keith Morrison)]

The judge was listening too, of course, and had read all the letters, the many, many letters from Tony's family and friends urging him to give her a lenient sentence. He looked out at all the eyes staring back so intently at him, and he paused and said, this is as violent a murder as I've seen in 20 years on the bench. The attack on Michaela was brutal. It was vicious, it was violent, all shockingly so. There was a hush. The courtroom leaned forward. And then the judge sentenced Tony to the maximum penalty. The law allowed life in prison with an additional 20 years for the use of a deadly weapon. But because she had Accepted a plea deal. And that deal was for second degree murder. The judge agreed to make her eligible for parole after serving a minimum of 18 years. Meaning Toni could have a chance of walking free when she would be just 36 years old.

[Mickey's Mother Celia Costanzo]

Am I happy that she can get parole at some point? No.

[Narrator (Keith Morrison)]

This is Mickey's mother, Celia.

[Mickey's Mother Celia Costanzo]

I will be at every parole hearing. Thank you, Brynn. Because she does not deserve to get out. She deserves to spend the rest of her life in prison. But due to the lack of physical evidence, we got the absolute maximum we could get. And I am happy with that because the alternative was having a jury possibly set her free. Never in a million years was I

[Narrator (Keith Morrison)]

going to let that happen.

[Mickey's Mother Celia Costanzo]

Never.

[Narrator (Keith Morrison)]

Toni looked shell shocked as she was escorted from the courtroom. Her parents looked on, sad to be sure, but said the Frattos with a sense of peace too. As they told the local media her father, Claude. It's a big burden lifted off of her, I think. So we're pleased with her decision. And mother Cassie, she will be able to move forward with a clean mind and heart and nothing to hide. But as Mickey's family left the courthouse for the long drive back to West Wendover, they couldn't help but think that Tony Fratto was still keeping secrets about how and why Mickey was murdered. Here again is Mickey's sister, Christina.

[Mickey's Sister Christina]

She still doesn't want anybody to know what really happened, what her real true involvement was.

[Narrator (Keith Morrison)]

You think she's more culpable?

[Mickey's Sister Christina]

Yes. I think that she participated in every minute of planning. And I believe that it was her idea that she said, this is what we have to do.

[Narrator (Keith Morrison)]

She hasn't told it all yet?

[Mickey's Sister Christina]

I do not think so.

[Narrator (Keith Morrison)]

So was there really more to Tony's story? Maybe. Because before she was arrested, Tony left something behind, something in her very own words that just might reveal the real motive for the murder of Mickey Costanzo.

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[Narrator (Keith Morrison)]

They had been sitting in storage for months. Two small plastic containers full of papers and personal items. Nothing fancy or valuable. Not yet, anyway. They belonged to Tony Fratto. She had left them with Cody Patton's parents. Left them there the day she climbed into Kit Patton's car and he drove her to that meeting with Cody's lawyer, where, you'll recall, she confessed to murder. Well, of course, Tony was later arrested. But those plastic containers sat undisturbed until several weeks later when private investigator Bill Savage got a call from Cody's dad,

[Private Investigator Bill Savage]

Kip, and said, bill, I've got these two plastic containers. I've had them in my storage. And there are some diaries in there. And there's some information in there that I believe is important to the case.

[Narrator (Keith Morrison)]

Diaries. The personal diaries of Tony Fratto. Little booklets adorned in colorful graphics and handwritten entries and notes. Revealing notes.

[Private Investigator Bill Savage]

In my opinion, there was some valuable information in there with regard to Tony's personality, her feelings.

[Narrator (Keith Morrison)]

In these little books, Toni unloaded her fears. Lots of those, her hopes, and most particularly, her profound insecurity.

[Private Investigator Bill Savage]

She expressed an attitude of being a very lonely person with no friends. She commented about Mickey's attractiveness and she, Tony being very unattractive and conflicts between herself and Cody back and forth, breaking up, getting back together, breaking up.

[Narrator (Keith Morrison)]

This, for example. She worried, quote, that Kody will leave me for someone else, cheat on me, that Kody and I won't last forever. We won't get married. She wrote of her own terror that her relationship with Kody wouldn't Work out. And if it didn't, there was no point in living anymore. You don't know how many times I have wanted to overdose on something so I wouldn't have to be here anymore. I'm very angry today. So angry that I'm trying to overdose. After I got off the phone with Cody, I went and took four aspirins.

[Private Investigator Bill Savage]

In my opinion, a very troubled young lady.

[Narrator (Keith Morrison)]

A troubled young lady who in many ways did not feel worthy.

[Private Investigator Bill Savage]

I gather that's correct.

[Narrator (Keith Morrison)]

And who loved this guy, but at the same time was terrified of losing him.

[Private Investigator Bill Savage]

Yes.

[Narrator (Keith Morrison)]

Afraid of losing him to the girl he had grown up with, the attractive and popular Mickey Costanzo. Tony wrote, we might as well break up so he can get back together with her. They're perfect for each other. Tears, tears, tears, tears, tears, tears. I don't know what to do anymore.

[Private Investigator Bill Savage]

Tony was jealous of Mickey. And if she were out of the picture, then Cody and Tony would be together.

[Narrator (Keith Morrison)]

She was everything Tony wasn't.

[Private Investigator Bill Savage]

Yes. Absolutely.

[Narrator (Keith Morrison)]

From the diary. They would be so happy together if I didn't steal him away. I know in my heart he really doesn't love me.

[Private Investigator Bill Savage]

I felt that that was a piece of the puzzle. Which tended to show a motive for this killing.

[Narrator (Keith Morrison)]

In fact, said Cody's attorney, John Olson, those diaries were a true revelation. As he read Tony's desperate entries, the whole terrible thing seemed to him to fall into place.

[John Olson (Cody's Attorney)]

The diaries disclosed a real animosity that Tony had for Michaela.

[Narrator (Keith Morrison)]

Right.

[John Olson (Cody's Attorney)]

And we were never able to discern how it was or why Cody would have any animosity towards her. He didn't?

[Narrator (Keith Morrison)]

No. They'd been friends for life.

[John Olson (Cody's Attorney)]

Yes. And no one's ever shown me any reason that Cody had to hurt Michaela.

[Narrator (Keith Morrison)]

But Tony.

[John Olson (Cody's Attorney)]

Tony had reasons.

[Narrator (Keith Morrison)]

So if you had to look for a motive in this crime, the only one that seemed apparent was her animosity.

[John Olson (Cody's Attorney)]

It was the only one on paper in her own handwriting.

[Narrator (Keith Morrison)]

The conclusion was inescapable. In Olson's mind, it must have been Tony who wanted Mickey dead, not Cody. Maybe her big, strong boyfriend was just doing her dirty work. Do you think it's possible this tiny girl, 5 1£90, could make that big? Would be Marine commit murder.

[John Olson (Cody's Attorney)]

Well, you were a teenage boy once.

[Narrator (Keith Morrison)]

Yeah.

[John Olson (Cody's Attorney)]

Could your girlfriend motivate you to do things? There's nothing more mindless than a teenage boy full of hormones. Nothing.

[Narrator (Keith Morrison)]

In fact, private investigator Bill Savage is convinced Tony was pulling the strings.

[Private Investigator Bill Savage]

My opinion is that although Tony is a very small stature, I believe that Tony exerted a great Deal of influence over Cody.

[Narrator (Keith Morrison)]

Mickey's family certainly seemed to think so too. And now, as they awaited Cody's trial, they remembered things. Sister Christina recalled how jealous and controlling Toni was.

[Mickey's Sister Christina]

Toni used to get so upset if Mikayla was seen talking to Kody. And she would just yell and holler and say horrible things to Mikayla. You know, don't talk to him and call her every name imaginable.

[Narrator (Keith Morrison)]

An intensely jealous young woman. Said Mickey's sister D.J.

[Mickey's Mother Celia Costanzo]

he couldn't be around girls, especially my sister.

[Narrator (Keith Morrison)]

That was kind of the indication from her diary that she fought with him all the time, but she really wanted to be with him for the rest of her life. And she was terrified losing him.

[Mickey's Mother Celia Costanzo]

Yeah, she just would be afraid of the fact that they wouldn't be together anymore. Oh, he'll end this with me and then I'll be the.

[Narrator (Keith Morrison)]

You don't have nobody.

[Mickey's Mother Celia Costanzo]

She became, like, obsessed with him and Cody.

[Narrator (Keith Morrison)]

Well, Cody said Christina was on a very tight leash.

[Mickey's Sister Christina]

I must have been doing laundry or something. And here Tony came walking and he was like, gotta go. And I was like, you can't even talk to me. He was like, no, I can't. I gotta go. I can't be seen. She'll get mad.

[Narrator (Keith Morrison)]

Who was the driving force in that relationship?

[Mickey's Sister Christina]

She was.

[Narrator (Keith Morrison)]

Why did all of this matter now? After all, Tony had made her deal, had been sent away to serve years in prison for second degree murder. It mattered because Cody had yet to be tried. And per agreement with the da, Tony would be the star witness against Cody. Perhaps Olsen could get the diary into evidence, perhaps not. But if the jury bought the story Toni told at her plea hearing, Cody's conviction would be all but assured. A ticket to death row, Very possible. Cody's attorney, John Olson.

[John Olson (Cody's Attorney)]

It wasn't until Tony agreed to take a plea bargain that she became a direct evidentiary threat to Cody. And we were able to talk with him about what his trial was going to be like with Tony testifying and how it impact his case. And that part of Tony Fratto's statement in which she said Michaela sat up in the grave and said to Cody, am I still here? Can I go home?

[Narrator (Keith Morrison)]

Oh, my.

[John Olson (Cody's Attorney)]

Do you want to hear that when you're sitting on a jury?

[Narrator (Keith Morrison)]

Devastating.

[John Olson (Cody's Attorney)]

Yeah.

[Narrator (Keith Morrison)]

So it was perhaps understandable that soon after Tony got her deal, Olsen contacted the D.A. cody would like another chance to plead guilty to Mickey's murder. If the state withdrew the death penalty at sentencing, the judge would decide if he got a shot at parole. And it was agreed this time Cody took the deal and stuck with was Cody's decision.

[John Olson (Cody's Attorney)]

He was very firm about it and he was very positive about it when he entered his plea.

[Narrator (Keith Morrison)]

For the next several months, Cody waited in his little jail cell, hoping, perhaps praying, he might be given a chance of freedom some distant day. And then, in August 2012, on the heart late summer day, they took Cody to the courthouse. He wore a suit and tie. He was clean shaven. His hair was as neatly combed as a groom's at a wedding. Inside, a crowd waited, and on the judge's signal, Mickey's family rose to offer their victim impact statements. Mickey's mother, Celia.

[Mickey's Mother Celia Costanzo]

This man should never see the light of day.

[Narrator (Keith Morrison)]

He took my daughter and father, Teddy. I want him to walk into that penitentiary and when he leaves it, he'll be in a box. Cody's attorney, John Olson, gave an impassioned speech insisting that Tony Fratto was the mastermind of the murder. And since the judge allowed him to make a reference to Tony's diaries, Olson argued that her very own words were as clear a statement of motive as the court could ever see. Then Cody stood up to speak. The room went silent. He turned to Mickey's family, nervous, his voice quivering. I'm sorry the unimaginable pain this has caused you. Weeping now, Cody took long and frequent pauses as he wiped the tears from his eyes. And for the first time, he spoke publicly about his fiance, the woman he had protected in his confession, having never revealed that she was with him at the crime scene. Listen to what he said now to the court, I just want to state that my co defendant, Tony Friday is not on the blame. Tony was not all to blame. Cody also went on to say, I am to blame as much as her. As to the motive of this crime, I believe it was jealousy, anger, senselessness. The rest of it, the rest of what he said to Mickey's family and the court was an apology. No more really no explanation beyond there's no reason, there's no why. So justification for sorry. It's not enough, but I apologize for everything. He even recited part of a poem written by Mickey of all people, about a glimmer of beauty beneath all the ugly in the world. And then he sat down while the words Tony was not all to blame hung in the air and waited to be told if you'd have a chance to be a free man ever again. Then the judge began to speak. You always had the power and the ability, Mr. Patton, to stop the wheels of this murder that you put into motion. Your blood runs cold. Mr. Patrick, I sent you to a term of life in the lab. Department of Corrections. There shall be no possibility in the parole. There would be no parole after all. As Celia watched Cody taken away in handcuffs, she felt a small measure of

[Mickey's Mother Celia Costanzo]

satisfaction in Cody's case. Live in prison for the rest of your life. And every day I want you to think of what you did to my daughter. I want you to suffer every single day, because dying the death penalty, you're getting off easy. And I hope every day you live in the hell that I'm living because you took my daughter.

[Narrator (Keith Morrison)]

But Mickey's sister Christina was conflicted about the kid, the neighbor whom she knew and once liked and trusted.

[Mickey's Sister Christina]

Every time I started to say that I would wish that he would be away forever and that he would have the death penalty, I would have to stop myself because I would remember that Cody, that has a heart. I know that that does not make this any less tragic and that it doesn't make me want him to get out. I see the good in him in

[Narrator (Keith Morrison)]

spite of the fact that he killed your sister.

[Mickey's Sister Christina]

I know it doesn't make sense to me either, but you have to sit there and go, oh, my God. This person that I knew so well will never, ever have a chance of any.

[Narrator (Keith Morrison)]

Both Cody and the prison where he will spend the rest of his life. Turned down our request for an interview, but Tony Fratto. In our next episode, Tony will have a lot to say about that dark night in the Nevada desert. A whole new story about the killing of Mickey Costanzo. Oh, and just possibly we'll get to some truth too, Next time. Pointed questions for Tony Fratto. Did you ever say to him, get rid of her?

[Tony Fratto]

No, I didn't.

[Narrator (Keith Morrison)]

Get rid of her or you lose me.

[Tony Fratto]

No.

[Narrator (Keith Morrison)]

And some revealing answers when we finally

[Tony Fratto]

got out to the designated area and everything.

[Narrator (Keith Morrison)]

What do you mean, the designated area

[Tony Fratto]

where everything went down.

[Narrator (Keith Morrison)]

That area was designated. Five Miles From Home is a production of Dateline and NBC News. Robert Dean is the producer. Brian Drew, Marshall Housefeld and Meredith Greenstein are audio editors. Molly DeRosa is associate producer. Adam Gorfin is co executive producer. Paul Ryan is executive producer. And Liz Cole is senior executive producer from NBC News. Audio sound mixing by Rich Cutler.

[Mickey's Mother Celia Costanzo]

Hi, diva.

[Narrator (Keith Morrison)]

It's Rachel and Jordan.

[TextNow Advertiser]

Yeah, hi.

[John Olson (Cody's Attorney)]

Quick question.

[Narrator (Keith Morrison)]

Why are you not spending your Venmo Balance? Yeah, we're concerned you can, like, buy stuff with it.

[John Olson (Cody's Attorney)]

Ugh.

[Narrator (Keith Morrison)]

You love buying stuff and earn cash

[Mickey's Mother Celia Costanzo]

back on eligible purchases.

[Narrator (Keith Morrison)]

You love purchasing eligible things.

[Mickey's Mother Celia Costanzo]

So the money your friend sent you yesterday, that's today's ramen or rideshare or

[Narrator (Keith Morrison)]

eye patches, the skincare kind, not the pyro kind.

[Mickey's Mother Celia Costanzo]

Spend with Venmo and you can earn

[Narrator (Keith Morrison)]

cash back with Venmo Stash. Venmo Stash bundle terms and exclusions apply. That's $100 cash back per month. See terms at Venmo Me Terms, Idaho verification required to use a Venmo balance.