Sentencing in 40-year-old Waterford murder case
Reported by: Walt McClure
Email: waltmcclure@fox23news.com
Last Update: 1/16 9:18 am
A 40-year-old murder case comes to a close in a Saratoga County courtroom Friday morning, as the man accused of killing the fiancee of a woman he briefly dated is sentenced to prison.
63-year-old Nelson Costello stood before a judge to accept his punishment after decades of trying to hide his crime.
Costello said very little in court as he listened to the prosecutor and his victim's brother in law describe the life he took back in 1969, and what that loss has meant since then.
Nelson Costello was a 23-year-old Waterford town constable in 1969, a man who wanted a woman who didn't want him, and made the decision to kill her fiancee and then hide the crime for the next 40 years.
Nelson Costello's run from the law ended in Ballston Spa when Saratoga county Court Judge Jerry Scarano sentenced him to 5 2/3 to 17 years in prison for the April 1969 murder of David Bacon.
Prosecutors say Costello, under the guise of being a police officer, talked Bacon into following him to a spot on the Mohawk River in Waterford and shot him three times in the chest.
James Murphy/R-Saratoga County District Attorney: “It's bittersweet today. We have answers. We know what happened, but now we begin to mourn the loss of a loved one and the death of a loved one 40 years later.”
The case came into focus in late 2008, when Costello's sister learned from her brother's former girlfriend that he admitted killing a man - and she consulted a minister about it.
Captain Steve James/New York State Police Bureau of Criminal Investigation: “Certainly she is a champion in this regard as far as I'm concerned. I don't stand here and assume that it was strictly the interviews and the steps that were taken to this together. Certainly, that had to be a big lift on her behalf.”
The minister called Troy police, who got the investigation going with New York State Police.
The girlfriend got involved, too, getting Costello on tape admitting his crime.
David Bacon's elderly brother-in-law Donald Miles left a hospital bed where he was scheduled for heart surgery to read a victim's impact statement in court, saying in part, “You, Nelson Costello, executed a man that did nothing to you...you cut a good man down in his prime years while you, a despicable confessed killer, get to live out yours.”
Before he was sentenced, Costello said he has thought about this every day and said he is sorry, but the DA doesn't buy it.
James Murphy: “Whether or not Nelson Costello is remorseful is something that I don't know. I know that he's probably remorseful and sad that he got caught. I know that if he were truly remorseful he would have done the right thing 39 years ago.”
As part of his plea to first degree manslaughter, Nelson Costello told law enforcement that he buried David Bacon's body along the James River in Lynchburg, Virginia, where he drove non-stop after the killing.
DA Jim Murphy says they have begun looking in that area and hope they will find Bacon's remains come spring.
Below is a copy of the press release from the Saratoga County District Attorney’s office about the Costello sentencing.
NELSON COSTELLO SENTENCED UP TO 17 YEARS IN STATE PRISON
PRESS RELEASE
January 15, 2010
Saratoga County District Attorney James A. Murphy, III announced today that defendant Nelson Costello (DOB 7-21-46) was sentenced by Honorable Jerry J. Scarano in Saratoga County Court today to maximum of 17 years in State Prison. This sentence follows the defendant’s plea of guilty on October 23, 2009, to Manslaughter in the First Degree in violation of section of Section 125.20 (1) of the Penal Law of the State of New York, (as that statute existed in 1969), a Class "B" felony offense in which the defendant admitted that he “killed Dave Bacon” on April 10, 1969, in the Town of Waterford. Because the killing took place 40 years ago, the Judge was required to sentence the defendant utilizing the laws from 1969, which dictate that the judge impose a sentence that includes a minimum time of one third the 17 year maximum. DA Murphy said:
The People are extremely satisfied with the final resolution today. This was an extremely difficult case. No body was ever found. Most DA's would not consider a case without a body, but I thought that justice required us to go forward with the case. Additionally, we did not have a murder weapon, although we have a weapon that was recovered. Unfortunately we were not able to tie the weapon to the death as there is no body and no bullets were recovered. There is no DNA or forensic evidence. Those are the type of evidence 21st century juries anticipate and expect. Also, memories after 40 years have faded. We did have, however, tapes of conversations between Mr. Costello and a witness in which the defendant made admissions that he had killed someone, but never identified his victim by name. It was due to the collaborative work of so many law enforcement agencies that this resolution was achieved. Nelson Costello's actions not only ended Mr. Bacon's life at the young age of 22, but also affected so many other people's lives. The family has waited 40 years for this day to come to finally have an answer to what happened to their loved one. Assistant DA Alan Poremba worked tirelessly with law enforcement to solve an illusive and complicated case and only through a detailed analysis and painstaking work did the pieces of the puzzle finally come together.
At sentencing today, Don Miles, the brother-in-law and “father figure” of Dave Bacon delivered a victim impact statement on behalf of Bacon’s family and close friends. Miles spoke about Dave Bacon and how his sudden disappearance on April 10, 1969, took a lasting toll on his family and friends. Many of Dave Bacon’s family members and close friends were in attendance. Don told the Court that on April 10, 1969, “one of the worst examples of mankind [Costello]…took the life of one of the best examples of mankind [David Bacon] that night.”
On April 10, 1969, at approximately 11:30 pm, David Bacon was driving from his home in Pleasantdale in Rensselaer County to his job at Behr Manning in Watervliet. He never made it to work that evening. The defendant was obsessed with David Bacon’s fiancée, Mary, and that evening Costello implemented a plan to eliminate David Bacon. That evening, Costello stopped David Bacon on his way to work and told Bacon that he was a police officer and needed to come with him right away to talk to his Captain. Bacon complied, and Costello drove Bacon to Riberty’s Grove in Waterford, where he got Bacon to step out of the car and stand near the trunk. Costello then fired three shots into Bacon’s chest using the same .357 caliber handgun he carried as a police officer/constable in Waterford. Costello placed Bacon’s body into the trunk of the rental car and drove non-stop to Lynchburg, VA where he arrived unexpectedly at a friend’s workplace. The friend showed Costello a place to bury Bacon along an embankment of the James River. Bacon was reported missing, and the circumstances surrounding his disappearance remained a mystery for over 40 years until 2008 when Nelson Costello’s sister heard from one of Costello’s former girlfriends that he had killed “Mary’s boyfriend” in the Troy, NY area sometime around 1968. The defendant’s sister and niece immediately told a minister who called the Troy Police Department on their behalf. A multi-agency, multi-state investigation commenced and culminated in the arrest of the defendant.
One of the significant pieces of evidence included tapes of conversations between the defendant and a former girlfriend. During those conversations, his former girlfriend, while working with the State Police, recorded a conversation with Costello corroborating her earlier statement that Costello killed a man back in that era. Costello stated that “what I did was permanent…what I did was irreversible”. The joint investigation of numerous law enforcement agencies culminated with the arrest, indictment and conviction of Costello today.
One of the more difficult facets of the case that prosecutors faced was that the David Bacon’s remains were never found. Therefore, they turned to the Social Security Administration for assistance. The prosecutors wanted to obtain social security records indicating that was no activity on Bacon’s Social Security number since April 10, 1969, as circumstantial proof that Dave did not just relocate without telling anyone. For months this task proved to be much more difficult than anticipated, even with the help of Congressman Scott Murphy. Congressman Murphy said, "I'm proud to have worked with District Attorney Jim Murphy to cut through the red tape and make Saratoga a safer and stronger community."
Congressman Murphy, knowing the great difficulty we endured, has told us that he hopes to introduce legislation in the future to correct this problem so that similarly situated District Attorney’s Offices throughout this country do not encounter the same obstacle.
Captain Steven James said, "The New York State Police in conjunction with the Saratoga County District Attorney's office have worked diligently to bring this case to a successful resolution. It is our intention that this overall investigation brings some measure of justice and satisfaction to the Bacon family."
District Attorney Murphy said, "This case has been 40 years in the discovery and 2 years in the investigation. Finally, today we have concluded a major chapter in this family's life. Let hope the next chapter is one of healing and peace."
Posted by Thomas A. (Tad) DiBiase, No Body Guy