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Sam Kraemer TV
FRAZEE TRIAL DAY 11 CLOSING ARGUMENTS:
• Judge Scott Sells first read off jury instructions. There are 22 of them. The jury foreman will have six verdict sheets to sign: first-degree murder after deliberation, solicitation to commit first-degree murder (three times) and first-degree murder felony.
• Prosecutor Beth Reed delivered a passionate closing statement for the state, saying Frazee clearly concocted a “premeditated, calculated, cold and cruel” plan to murder Kelsey Berreth. Citing cell phone records and surveillance, Reed says nothing in Frazee’s alibi, which he only sought for Nov. 22, matches what he actually did. Frazee’s handwritten alibi said he was tending to cattle around 2:45 p.m., despite neighbor surveillance showing him leave Berreth’s townhome around 4:30 p.m. “While Kelsey Berreth is planning a future, this man is planning to kill her for months,” Reed says. She said Berreth was not someone that would run off and abandon her child, nor was she suicidal. “He’s the only one with the means, the motive and the evidence supports that killed Kelsey Berreth.” Additionally, Reed said Krystal Kenney didn’t have to come forward, but when she did, she told prosecutors everything. She says Kenney’s story matches the available evidence, while none of Frazee’s story does.
• Normally soft spoken Adam Stiegerwald was as strong spoken as I’ve seen him during his closing argument for Frazee’s defense. “You are being asked to ignore your common sense and the direct evidence that has been presented to you the last two-plus weeks... to believe Krystal Kenney’s story,” he says. He says the entire timeline is made up, citing photos from Berreth’s neighbor’s surveillance camera showing extremely different shadows for the same time period. Stiegerwald says the DA’s office tech expert, Chad Mininger, lied to the jury about that evidence, saying the shadow difference could’ve been caused by clouds or trees. He again stressed the fact Kenney doesn’t come forward until her plea bargain is already signed by the district attorney’s office. “There is no image of Patrick Frazee that supports the prosecution’s case. There is no image of Krystal Kenney that supports the prosecution’s case,” Stiegerwald said. He says testimony from Jonathyn Priest, the blood stain expert, relies heavily on Kenney’s story, and asked if they really believed Kenney. He points out if Frazee really did plan to kill Berreth, why wouldn’t he have done it the night before at Nash Ranch “in the middle of nowhere” than in her townhome? He points out Frazee’s DNA is hardly in Berreth’s townhome and Kenney’s is not altogether. Referring to the jail notes, Stiegerwald says the notes are “proof of (Frazee) being an idiot. Not proof of him doing anything.” Using an analogy, Stiegerwald says the foundation of the state’s case is shaky, and when that happens, it all comes crashing down. He asked the jury see the reasonable doubt and find Frazee not guilty.
• Given 30 minutes for rebuttal, District Attorney Dan May asked the jury to hold Frazee accountable. “We are asking you to consider all the facts in this case, not apply speculation to them,” May said. He said Kenney is actually direct evidence to the crime & that she is not the state’s witness. He says she is Frazee’s witness. May recalled CBI DNA analyst Caitlin Rogers testifying she wasn’t surprised at the absence of Kenney’s DNA inside Berreth’s townhome, noting she wore protective clothing and used bleach. Mays says the defense wants to speculate on the neighbor surveillance but not talk about the photo of Frazee, Berreth and their daughter at the door while Berreth’s holding her Safeway groceries. He said Frazee beat her five times, and somewhere in that, Berreth said “please stop”. Then, he says Frazee beat her another five times, creating a “large bloodbath for someone else to clean up.” After that, he says Frazee beat her another five times, if not more. May closed with “We are asking you to please stop the defendant from getting away with murder and find him guilty on all charges.”
• At 11:18 a.m., the case was handed over to the jury. Four jurors were informed they were chosen as alternates (decided before the jury was actually chosen). We’ll get a 20-minute heads up on the verdict coming in. Judge Scott Sells says he’ll dismiss the jury around 5 p.m. if they don’t get a verdict today.
FRAZEE TRIAL DAY 11 CLOSING ARGUMENTS:
• Judge Scott Sells first read off jury instructions. There are 22 of them. The jury foreman will have six verdict sheets to sign: first-degree murder after deliberation, solicitation to commit first-degree murder (three times) and first-degree murder felony.
• Prosecutor Beth Reed delivered a passionate closing statement for the state, saying Frazee clearly concocted a “premeditated, calculated, cold and cruel” plan to murder Kelsey Berreth. Citing cell phone records and surveillance, Reed says nothing in Frazee’s alibi, which he only sought for Nov. 22, matches what he actually did. Frazee’s handwritten alibi said he was tending to cattle around 2:45 p.m., despite neighbor surveillance showing him leave Berreth’s townhome around 4:30 p.m. “While Kelsey Berreth is planning a future, this man is planning to kill her for months,” Reed says. She said Berreth was not someone that would run off and abandon her child, nor was she suicidal. “He’s the only one with the means, the motive and the evidence supports that killed Kelsey Berreth.” Additionally, Reed said Krystal Kenney didn’t have to come forward, but when she did, she told prosecutors everything. She says Kenney’s story matches the available evidence, while none of Frazee’s story does.
• Normally soft spoken Adam Stiegerwald was as strong spoken as I’ve seen him during his closing argument for Frazee’s defense. “You are being asked to ignore your common sense and the direct evidence that has been presented to you the last two-plus weeks... to believe Krystal Kenney’s story,” he says. He says the entire timeline is made up, citing photos from Berreth’s neighbor’s surveillance camera showing extremely different shadows for the same time period. Stiegerwald says the DA’s office tech expert, Chad Mininger, lied to the jury about that evidence, saying the shadow difference could’ve been caused by clouds or trees. He again stressed the fact Kenney doesn’t come forward until her plea bargain is already signed by the district attorney’s office. “There is no image of Patrick Frazee that supports the prosecution’s case. There is no image of Krystal Kenney that supports the prosecution’s case,” Stiegerwald said. He says testimony from Jonathyn Priest, the blood stain expert, relies heavily on Kenney’s story, and asked if they really believed Kenney. He points out if Frazee really did plan to kill Berreth, why wouldn’t he have done it the night before at Nash Ranch “in the middle of nowhere” than in her townhome? He points out Frazee’s DNA is hardly in Berreth’s townhome and Kenney’s is not altogether. Referring to the jail notes, Stiegerwald says the notes are “proof of (Frazee) being an idiot. Not proof of him doing anything.” Using an analogy, Stiegerwald says the foundation of the state’s case is shaky, and when that happens, it all comes crashing down. He asked the jury see the reasonable doubt and find Frazee not guilty.
• Given 30 minutes for rebuttal, District Attorney Dan May asked the jury to hold Frazee accountable. “We are asking you to consider all the facts in this case, not apply speculation to them,” May said. He said Kenney is actually direct evidence to the crime & that she is not the state’s witness. He says she is Frazee’s witness. May recalled CBI DNA analyst Caitlin Rogers testifying she wasn’t surprised at the absence of Kenney’s DNA inside Berreth’s townhome, noting she wore protective clothing and used bleach. Mays says the defense wants to speculate on the neighbor surveillance but not talk about the photo of Frazee, Berreth and their daughter at the door while Berreth’s holding her Safeway groceries. He said Frazee beat her five times, and somewhere in that, Berreth said “please stop”. Then, he says Frazee beat her another five times, creating a “large bloodbath for someone else to clean up.” After that, he says Frazee beat her another five times, if not more. May closed with “We are asking you to please stop the defendant from getting away with murder and find him guilty on all charges.”
• At 11:18 a.m., the case was handed over to the jury. Four jurors were informed they were chosen as alternates (decided before the jury was actually chosen). We’ll get a 20-minute heads up on the verdict coming in. Judge Scott Sells says he’ll dismiss the jury around 5 p.m. if they don’t get a verdict today.
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