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Dateline-20211030-07:33:00

kody as a hot temper. >> had kody been struggling at school and at home with his parents. so much so that kody left and moved in with his fiancée, toni fratto and her parents, and cassie claude, mormon family. very devout. >> i wanted to extend a hand to him to help him get through school. >> we became second family. and more importantly, we were really invested in his success. >> but you really cared for him, right? >> of course. >> yes, he was like a son to me. >> but when the police asked to talk to kody, yet again, it wasn't claude fratto, but his actual father, kip who brought him to the station. >> you look like your average high school student. tall, lean, clean cut, polite. he was very self confident. >> did you sleep okay last night? >> no. >> why not?

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Dateline-20211030-07:41:00

fiancée toni fratto, and be with her, when he refused. >> she started yelling at me, and senators because i'm not leaving tony, and then she started like pounding on my chest and stuff. >> by this time, said kody, they're out of the car, she hit him, and he pushed her. >> she fell down and hit her head and she just laid bare and was looking at the sky, and like her eyes started to turn black. and i didn't know what to do. i just sat there and she started to, like, shaken sees. >> kody insisted he tried to check her pulse and got nothing. and then he says she started flopping, so grab the shovel from the car. >> i kind of just tried to hit or on her head right here trying to just knock her out. and it hit like right here and

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Dateline-20211030-07:50:00

i don't understand why he and it up confessing to it. i'm still like -- there's something more to this story. >> more partly because, kody's story of what happened just didn't make any sense. especially that bit about how the mickey penn demanded kody dump his fiancée toni and date for instead. impossible, said cecilia. had mickey her own steady boyfriend, and out of respect for toni, had been going out of her way to avoid getting anywhere near kody. >> micaela never liked confrontation. she did not like drama. she hated drama. if it was going to cause an issue, she would stay away. >> and we, everybody knew about kody and toni's engagement. saw them flash their engagement rings. he, the six foot six, soon to be marine. she, the wee slip of a thing who made it her business to tame his temper and set him on

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Dateline-20211030-07:55:00

emotional. us >> how did that strike? youth >> odd. . >> i very odd. >> mickey's details remembered that after the murder toni seemed to shut down. >> she refused to look at me. refused. i understand that you're not going to be very social because your significant other doing this, but she wouldn't talk to certain people anymore. but she normally would. >> new wheels were turning in that young woman spring. and then, early one spring morning in april, a few weeks after mickey's murder, climbed toni fratto into a car with kody's father, kip patten. she didn't tell her parents. she was out of town. toni was we're just her pajamas. nothing with her. as if she assumed she would never be coming back. it was one of mickey costanzo's the favorite places.

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Dateline-20211030-07:52:00

talk to you. like, things to think and everything. hold you in my arms or anything. it's just hard. >> yeah, i know it's hard for me, too. it really is. >> toni's parents of visited kody sometimes to provide support, but also to ask the particular question. >> i said, i don't understand this. why did you do this? why did this happen? and he just said, i don't know. i can't tell you anything. i don't know. >> but by now, kody's lawyer had told him, stop talking. >> tough case. real tough case. >> because the chances of his getting that death penalty were quite high. >> i think they were very high. it was the identity of the victim, it was the brutality of the killing. it was the poignancy of some of the photographs from the kids. we just broke your heart. >> not to mention, kody's

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Dateline-20211030-07:54:00

they certainly didn't seem to be the result of an accident, as kody had claimed. or from a shovel of all things. >> horrible. slicing, disfigurement to mickey's face. what >> did that say to you? >> a great deal of reach by someone. >> why would kody have done that to a childhood friend? >> had to be more to the story. attorney ohlson wondered if kody's fiancée, toni fratto, might provide some insight. had kody already talked to the police during the routine interviews with people who knew mickey. >> kind of curious, where is mickey? what's going on? you know? where could she have gone? >> so, ohlson spoke to toni himself. did she have any idea why? >> absolutely not. no idea. >> was she as devastated as other people seem to have been? >> i would just cry per aspect as deadpan i described her as

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Dateline-20211030-07:57:00

fratto. she arrived with kody's father at her side. said she was ready to tell the lawyers the story. >> so, are you willing to proceed? >> i think so, yeah. >> we talked and we recorded that conversation with her permission. and it was dynamite. >> you're about to hear the whole new version of mickey's murder that would turn the case upside down. >> am i to believe that you in fact were present when the girl got killed? >> yes. >> and here from the lips of this quite little teen, gave a horrifying story. kody was it the only color. it began for her, she said, with a text from kody saying, i have her. meaning mickey was with him in an suv he had borrowed. he wanted toni to join them. kody picture up, she said. then the three drove around. and it up at the gravel pits.

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Dateline-20211030-08:02:30

Dateline-20211030-08:02:30
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Dateline-20211030-08:06:00

west wendover junior miss, in fact, devoutly religious, too, and extremely close to her parents. >> she always went to church with us. a lot of kids, you have to force them to get out of bed and go. it was never that way with toni. >> she had goals in her life. she knew exactly where she wanted to go. >> a truly responsible child. >> yes. absolutely. >> outside of her family, toni had very few friends, except kody, of course. from the moment they started dating in the ninth grade they were virtually inseparable. >> she loved him. she thought she loved him. >> he was very, very possessive. did not like her time taken up by anyone else but him. >> now the frattos remembered a possessive, controlling kody, so big and strong. and when they thought about it that way, they wondered, what was the real story behind their daughter's confession?

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Dateline-20211030-08:04:00

>> what person popped into your head? >> kody's dad. >> kody's father, kip patten, the man who delivered toni to a meeting with kody's lawyers, denied a request to appear on the program, but he insisted toni told him what happened and it was her idea to meet with kody's attorneys. he just drove her there because toni's parents were out of town. >> do you think sometimes that she thought i can't do this with my parents present. i have to wait until they're gone before i can go and confess to this terrible thing? >> i don't know. possibly so, but we've always been very, very open. >> or possibly a misguided attempt to save kody? but she'd only succeeded in incriminating herself. >> she doesn't believe that she's confessing to the law enforcement. she's talking to kody's attorneys, asking them if it's going to help. >> but toni didn't have an

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