Bernadette Protti

Case overview

Bernadette Protti was an American juvenile who murdered her classmate Kirsten Costas in June 1984.

Background

Kirsten Marina Costas was an American high school student who was murdered by her classmate, Bernadette Protti, in June 1984. Kirsten Costas was born July 23, 1968, and died June 23, 1984. She grew up in the small suburban town of Orinda, California, where her parents were Arthur and Berit Costas. Kirsten Costas attended Miramonte High School. She was a member of the school's varsity swim team and the cheerleading squad.

The offence

On June 23, 1984, Kirsten Costas was lured with a phony invitation to a dinner for the Bob-o-Links, a sorority-like group at school. According to Protti's later testimony, she had planned to take Costas to the party to befriend her, but Costas got angry when she was told that there was no dinner for the new “Bobbies”. The girls quarreled, and Costas fled to the home of Alex and Mary Jane Arnold, living nearby, telling them that her friend had gone “weird”.

When Costas could not reach her parents by telephone, Alex Arnold drove her home. Arnold, sitting in his car, saw Protti attack Costas. He thought that he was seeing a fist-fight but, in fact, Protti stabbed Costas five times with a kitchen knife and fled. The Costas neighbors called an ambulance. Kirsten was mortally wounded and died at a nearby hospital.

Protti later confessed and described how she had set up the confrontation. Protti said she had used a ruse to get her father's car and picked up Costas on the excuse that they were going to an initiation dinner for members of the service club. Protti said Costas learned from friends that there wasn't going to be a dinner and that Protti invited her to a party instead. Protti said the two drove to the parking lot of a church in Moraga. Protti said they went to the church because she wanted to smoke marijuana “or whatever, and I didn't”. Protti described that an argument followed and that Costas “put me down.”

Protti said Costas ran from the car to the home of strangers, Alex and Mary Jane Arnold. Protti then said Alex Arnold drove Costas home and that she followed in her car at a short distance. Protti said Kirsten’s parents were away and that before Kirsten could seek refuge in a neighbor’s home, Kirsten was stabbed five times.

Investigation

Police took almost six months to find Costas' killer. After Protti passed a lie detector test, her alibi went unverified. After attempting to confirm Protti's alibi and rereading her lie detector test, the police knew that the girl had lied.

After speaking with an FBI officer, Protti wrote her mother a letter in which she made a full confession.

Arrest and confession

Protti surrendered in December after confessing. Protti told police she feared she was going to tell people at school she was “weird.” She also made a tearful confession to police.

The confession included these statements:

“What are you going to tell the press?”
“Do I go to juvenile hall or do I go back to Miramonte?”

Protti also said:

“I thought that she was going to tell everybody at school that I was really weird. I can't explain it. I don't understand it. It was, like, if I had been thinking straight it would never have happened. . . . Afterwards I was just so horrified and sick.”

She described the motivation and her feelings:

“I lost for cheerleader and I didn't get the club I wanted and I didn't get (on the) yearbook (staff),”

and:

“The things that got me mad was it hurt and I couldn't change . . . like looks or money or popularity or things.”

Protti described the immediate aftermath:

“She was telling me to go away. I just got angry and I did it.”

She also said she washed the knife:

“She said she drove home immediately, 'flushed the marijuana down the toilet and washed off the knife.'”

At the sheriff’s office, Protti made a full confession.

A letter Protti penned to her mother and father was read after it was left where her mother would find it. The letter included:

“Dear Mom and Dad: I have been trying to tell you this all day but I love you so much it's too hard so I'm taking the easy way out. … The FBI man … thinks I did it. And he is right. … I’ve been able to live with it, but I can’t ignore it, it’s too much for me and I can’t be that deceiving. Please still love me. I can’t live unless you love me. I’ve ruined my life and yours and I don’t know what to do and I’m ashamed and scared. Bernadette P.S. Please don’t say how could you or why because I don 't understand this and I don’t know why.”

Her court appearances included comfort from her parents and her four sisters.

Trial

Protti was charged with first-degree murder in the June 23 slaying of 15-year-old Kirsten Costas. Protti was tried as a juvenile, and her case was heard without a jury.

Superior Court Judge Edward L. Merrill heard the case without a jury and rejected arguments to convict of first-degree murder. Judge Merrill said prosecutors failed to prove first-degree murder beyond a reasonable doubt and ordered Protti to appear for sentencing.

The judge rejected prosecutor John Oda's arguments that Protti acted with premeditation and wanton disregard for human life. Defense attorney Charles James represented Protti. During the trial, the judge and James questioned whether the trial served any useful purpose.

The evidence included Protti’s confession and testimony about the murder weapon. Protti testified that she had “noticed” a knife in the car during her drive with Costas. Mary Ann Protti, one of Protti's older sisters, testified that she was in the habit of preparing her vegetarian meals in the car.

On the afternoon of the third day of the trial, Judge Edward Merrill found Protti guilty of second-degree murder.

Sentencing

On March 14, 1985, Protti was sentenced to a maximum of nine years. She was committed to the California Youth Authority. Protti was to be placed in the custody of the California Youth Authority, which could release her at any time, but had to free her when she turned 25. Under California law, Protti would have received the same sentence whether she was convicted of first-degree or second-degree murder.

Appeals

No appeals were described in the provided material.

Outcome

Protti was released from prison in 1992 at the age of 23 and changed her name and left California.

Aftermath

The Costas family left Orinda and moved to Hawaii. Kirsten Costas’ parents Arthur and Berit Costas opposed Protti's release.

At a parole hearing, a parole board released Protti on June 10, 1992. In an interview, Art Costas said:

“From a victim's standpoint, the punishment doesn't even begin to equate to the magnitude of the crime,”
“You can't replace your child so you think about that all the time,”
“The emotions and the public safety — we lose on both counts.”

A parole examiner described Protti as dangerous and possessing “a hidden trigger that anyone can pull.” In a dissent, board member Victor Wisehart wrote that Protti “remains a danger to the public and is in need of further treatment to address her inability to control her anger and impulses.” Wisehart referred to a recent incident in which Protti demonstrated “anger and a lack of impulse control” in a confrontation with her boyfriend at the Youth Authority school and said:

“I hate to think how she would have handled the incident had she been on parole and able to arm herself and stalk again another victim,”
“She has a hidden trigger that anyone can pull just by not giving (her) what she thinks she should get in a relationship.”

A CYA spokesman said Protti has left the state but would not say where.

Other details

Protti was described as resentful and driven by resentment and envy. During trial testimony, it was said Protti craved social acceptance and resented Kirsten's popularity and success. Evidence included a tearful confession to police in which Protti said she felt inferior to the socially active Costas. Protti also said she was embarrassed that her family did not have as much money as other Orindans and that Costas had made fun of her “crummy” skis on a ski trip once.

During the trial in Contra Costa County Superior Court in Martinez, testimony revealed the social and emotional dynamics between the two students.

A television movie in 1994 was made about the story titled A Friend to Die For (also known as Death of a Cheerleader). The movie had Tori Spelling as Stacy Lockwood, a character based on Kirsten Costas, and Kellie Martin as Angela Delvecchio, a character based on Bernadette Protti.