CO CO - Kelsey Berreth, 29, Woodland Park, Teller County, 22 Nov 2018 - #36 *ARREST*

[Seattle1]

She was arrested before?

No, according to DA May, KK is under a Summons for this case, and never arrested. However, WPPD required KK to present herself for finger prints and photograph --which is what WPPD provided to media.

 

[girlhasnoname]

Colorado law provides for KK to be under a "Summons," and therefore was never under arrest for this case.

The Summons was previously released in the court docs at Colorado Judicial Branch website.

@Seattle1 I was just responding to your question earlier about bond.

CO passed a law a few years ago allowing Class 5 & 6 Felonies to enter a Felony Summons rather than an arrest. DA May mentioned that in the PC.

 

[Snow Flower]

I knew it was the phone. Now I can’t help but wonder, just speculation, if PFs defense will try to pin this on her. She had a motive. I think she knew more. JMO. I think she was involved more. JMO. PF will turn on her too. JMO

 

[Hopefullyhelpful]

I couldn’t hear much of it

Plus I was focused on her non-tiara lucious locks lol

Well, she wasn't in front of a jury, so it wasn't a matter of trying to make an impression on them, but still, if I were advising on this matter, that hair would have been brought down to a shade found in in nature, put up in a sensible bun and the face would have been scrubbed clean.

 

[MsBetsy]

This women had chance after chance, day after day, week after week to speak up and do the right thing. As did her friend and lawyers. She choose not to and it is not because she was terrified for her life. There is a special place for people like this.

Did we ever find out what date she finally went to LE? I'm assuming it was after PF was arrested.

 

[Tippy Lynn]

Perhaps intentional infliction of emotional distress.
But, no matter what she is sued for, if she doesn’t have any assets, then they won’t be able to collect on the judgment.

As an aside, in a civil case, the plaintiffs would not be restrained by a plea bargain in the criminal case. After all, it is up to a jury to decide. Just be careful not to file a frivolous lawsuit; it must have some merit.

Ex: conspiracy, charges arising from the criminal case, not limited to what she has plead to, but based on other evidence that may be found or testified to by another witness.

Thank you. I appreciate your input on here. Sorry I didn't tag you - it's hard to keep up with who's who.

ETA - I edited my post and tagged you.

 

[ajaylee]

I wonder if SF will drop her attempts to get custody of Baby K now.

 

[heartgoesout]

Did we ever find out what date she finally went to LE? I'm assuming it was after PF was arrested.

I think LE came to her...

 

[riolove77]

With great respect Rio, because trust me, I have the utmost respect for your profession (I am mother to and wife of....) I will never forget Karla Holmolka. While I know it was an anomaly, I also know that criminals are well-rehearsed liars who always minimize their own involvement and can never, not for one moment, be trusted. I understand (even if I don't like) the need to make deals. This particular one feels very off to me. (That is my opinion, I have no proof to back that up, just an opinion, so I have been extra testy about it.)

You don’t have to tell me! No one distrusts criminals more than prosecutors! I don’t believe most of what they say either. And you are obviously free to have whatever opinion you’d like about the matter. No disrespect taken whatsoever. I just trust this guy. And I think we’ll see a lot more on 2/19 that’ll help us make sense of this.

 

[jaspermac]

@riolove77

They mentioned if they find the tampering was aggravated she could get up to 3 yrs.
What does the aggravation mean? Can't find it on the internet

 

[sunshineandlove]

Well, she wasn't in front of a jury, so it wasn't a matter of trying to make an impression on them, but still, if I were advising on this matter, that hair would have been brought down to a shade found in in nature, put up in a sensible bun and the face would have been scrubbed clean.

Even scrubbing would not be able to remove what appears to be smugness. MOO

 

[Yellow Rose]

I think LE came to her...

Yeah I don't think she'd ever had any intention of going to LE. Think she was roped in.

 

[riolove77]

@riolove77, @gitana1, @PrairieWind or other attorneys:

Are you surprised at the vagueness of what KKL said about what she did with the phone? She only mentioned “moving” the phone, I believe. Nothing about whether she composed/sent texts, and nothing about disposal of the phone.

Do you think the limited info about the phone was done in cooperation with the prosecution, to limit what PF can know that they know?

Or, was KKL limiting what she said to protect herself from the prosecution until such time that a deposition is given?

My personal opinion is that it is the former of the two.

 

[oviedo]

Jennifer Meckles‏Verified account @jennifermeckles
District attorney says the terms of Kenney’s plea deal are:
- she will cooperate with all related cases
- she agrees to testify in all related cases
- she cannot speak to the media
- she will not be sentenced until after all other related cases wrap up #9News

8:40 AM - 8 Feb 2019

I notice they did not prohibit her from speaking to her BFF or family/friends - just the media??? hmm wonder what will come out before the 19th?

 

[1mtroyal]

I don't think we have a handle on what her punishment might be exactly. According to KKTV, "Lee's sentence could be anywhere from 12 to 18 months in prison, community corrections or probation". That means to me she might only get probation. In reading Colorado law, she could get 12 to 18 months in prison and a 1,000-100,000$ fine. ( KKTV didn't mention the fine). The clock is ticking, the state has to sentence her within 3 to 5 years. If she gets one year in prison, she might be out in a few months and might serve her sentence in a minimum security facility. We need an attorney to wade in on this and list the minimum and maximum allowed for this. IMO

 

[PrairieWind]

This women had chance after chance, day after day, week after week to speak up and do the right thing. As did her friend and lawyers. She choose not to and it is not because she was terrified for her life. There is a special place for people like this.

Well, apparently that "special place" isn't prison. Because I don't think she is going there, not for long anyway.

 

[MsBetsy]

I hope she is stupid enought to give an interview with the media. Jmo

I'm guessing she definitely will not do that. She's lucky enough as it is, why ruin everything for herself?
I think she will do exactly what she is asked to do to meet the conditions of the plea deal. Imo

 

[jewelsmac]

Updated Timeline:

TIMELINE:

November 22nd - Thursday
(Thanksgiving)

• KB last seen on video surveillance shopping in Safeway (noon hour)
• KB exchanged daughter with PF (fiancé)
• KK learned PF committed homicide

November 24th or 25th - Saturday or Sunday

• Police believe KK destroyed evidence on this date

November 25th - Sunday

• Text from KB’s phone to her employer
• KB's phone pinged in Gooding, ID (5:13 pm)
• PF received text from KB’s phone

December 2nd - Sunday

• KB's mom called PF on KB's whereabouts
• Missing person reported - KB's mom (12:37 pm)

December 10th - Monday

• Press Conference

Woodland Park Police Department​

December 12th - Wednesday

• PF Attorney releases statement - PF is cooperating with investigators

December 13th - Thursday

• Candlelight Vigil Held for KB

December 14th - Friday

• Search Warrant Franzee Property/Residence

December 15th - Saturday

• Twin Falls law enforcement was requested to help

December 16th - Sunday

• The search of Patrick Frazee's property concludes Sunday night

December 18th - Tuesday

• Five law enforcement vehicles seen leaving PF Property
• PF and 2 others made trip to Waste Management Landfill

December 19th - Wednesday

• LE at Kelsey’s Residence

December 20th - Thursday

• LE at Kelsey’s Residence

December 21st - Friday

• Arrested- 1st Degree murder and Solicitation of Murder

Inmate #: 2018001543
Booking #: 18-02029
Case #: D602018CR330
Archonix XJail Public​

• Press Conference 10am MST

Woodland Park Police Department​

• LE at Kelsey’s Residence
• PF - Hearing on Advisement - 3:30pm

Inmate #: 2018001543
Booking #: 18-02029
Case #: D602018CR330​

• Vigil held for KB in Moses Lake, WA

December 22nd - Saturday

• Twin Falls, ID Police Department issued statement they are working with CBI and FBI to prepare and serve several search warrants, including processing items of possible evidence with the assistance of the Twin Falls County and Twin Falls Evidence Technicians.

December 27th - Thursday

• Temporary Custody Hearing - 1pm

Case #: D602018JV26

Court granted a Temporary Emergency Custody Order made by Teller County Department of Human Services (TCDHS) placing the minor child in the temporary physical custody of maternal grandparents and legal custody of TCDHS. The court continued the temporary custody of the minor child with maternal grandparents. The court postponed a final decision after Frazee’s mother, the girl’s grandmother, filed a motion in the custody case and the case is continued for a pre-trial conference​

December 31st - Monday

• PF - First Appearance - 9am

Inmate #: 2018001543
Booking #: 18-02029
Case #: D602018CR330
Colorado Judicial Branch - Court Docket Search​

COUNT 1 - MURDER IN THE FIRST DEGREE
On or about November 22, 2018, PATRICK FRAZEE unlawfully, feleniously, after deliberation, and with the intent to cause the death of a person other than himself, caused the death of Kelsey Berreth.

COUNT 2 - SOLICITATION TO COMMIT MURDER IN THE FIRST DEGREE
Between and including September 1, 2018 and November 1, 2018, PATRICK FRAZEE unlawfully and feloniously commanded, induced, entered, or otherwise attempted to persuade another person to commit the felony of murder in the first degree, with intent to promote or facilitate the commission of that crime and under circumstances strongly corroborative of that intent.

COUNT 3-MURDER IN THE FIRST DEGREE
On or about November 22, 2018, PATRICK FRAZEE unlawfully and feloniously, acting alone or with one or more persons, committed or attempted to commit Robbery and, in the course of or in furtherance of that crime, or in the immediate flight therefrom, the death of Kelsey Berreth, a person, other than one of the participants, was cause by anyone.

COUNT 4-SOLICITATION TO COMMIT MURDER IN THE FIRST DEGREE
Between and including September 1, 2018 and November 1, 2018, PATRICK FRAZEE unlawfully and feloniously commanded, induced, entered, or otherwise attempted to persuade another person to commit the felony of murder in the first degree, with intent to promote or facilitate the commission of that crime and under circumstances strongly corroborative of that intent.

COUNT 5-SOLICITATION TO COMMIT MURDER IN THE FIRST DEGREE
Between and including September 1, 2018 and November 1, 2018 PATRICK FRAZEE unlawfully and feloniously commanded, induced, entreated, or otherwise attempted to persuade another person to commit the felony of murder in the first degree, with intent to promote or facilitate the commission of that crime and under circumstances strongly corroborative of that intent.​

January 3rd - Thursday

• Temporary Custody Hearing Continued - 8:30am

Case #: D602018JV26

Colorado Judicial Branch - Court Docket Search​

January 4th - Friday

• PF - Motions Hearing - 1:30pm

Inmate #: 2018001543
Booking #: 18-02029
Case #: D602018CR330
Colorado Judicial Branch - Court Docket Search

Discuss how to process an unknown piece of evidence, and whether Frazee and his defense can have access to the arrest affidavit.​

• KB’s parents file civil suit against PF

Case: 19-cv-00027-PAB-KMT​

The civil suit accuses Frazee of wrongful death, negligence per se, conspiracy, and infliction of emotional distress. The documents allege Frazee either committed and/or collaborated in Kelsey's murder. The suit also accuses Frazee of inflicting physical, mental, and emotional acts of violence on Kelsey prior to her death. The Berreths claim that Frazee's "extreme and outrageous conduct" has caused them emotional distress exceeding $75,000.​

January 28th - Monday

• PF - motion filed to dismiss wrongful death lawsuit

Case: 19-cv-00027-PAB-KMT​

January 29th- Tuesday (VACATED)

• PF - Preliminary Hearing - 9am

Inmate #: 2018001543
Booking #: 18-02029
Case #: D602018CR330
Colorado Judicial Branch - Court Docket Search​

February 4th - Monday

• Nurse KK - Teller County charged KK with 1 Felony Count Tampering with Physical Evidence

Case #: D602019CR17
Colorado Judicial Branch - Court Docket Search
Colorado Judicial Branch​

February 7th - Thursday

• Pre-Trial Conference (Custody) - 8:30am

Case #: D602018JV26

Colorado Judicial Branch - Court Docket Search​

• KK - Received a Summons of Class 6 Felony tampering with physical evidence

Case #: D602019CR17​

February 8th - Friday

• Nurse KK Advisement Hearing 8:30am - Teller County
• 1 Felony Count Tampering with Physical Evidence

Case #: D602019CR17​

• KK pleads guilty - Felony tampering with physical evidence, deferred hearing until after PF’s murder trial. Prosecutors requiring KK to cooperate fully in PF’s murder trial. She is prohibited from speaking with press under plea. Prosecution wants plea papers kept from public. Judge grants motion. Review hearing schedule for June 24th at 11 am and every 90 days or so after. KK is allowed to appear for review hearings by phone until closer to sentencing. As part of the plea deal KK is required to cooperate, testify and have no communication with the press. KK stated she learned PF committed homicide on or about November 22nd in Teller County and she moved KB’s cell phone with intent to impair the phones availability of it in Teller County on November 24th or 25th, 2018.

Colorado Judicial Branch - Court Docket Search
Colorado Judicial Branch​

February 19th- Tuesday

• PF - Preliminary Hearing - 9am

Inmate #: 2018001543
Booking #: 18-02029
Case #: D602018CR330
Colorado Judicial Branch - Court Docket Search​

March 11th- Monday

• PF Wrongful Death - Scheduling and Planning Conference - 1:30 pm

Case: 19-cv-00027-PAB-KMT​

April 4th - Thursday

• Disposition Hearing (Custody) - 8:30am

Case #: D602018JV26

Colorado Judicial Branch - Court Docket Search​

June 24th - Monday

• KK- Review Hearing - 11 am - Teller County

Case #: D602019CR17
(KK is allowed to appear for review hearings by phone until closer to sentencing)​

Colorado Judicial Branch
Colorado Judicial Branch - Court Docket Search
Archonix XJail Public
Colorado Judicial Branch
Colorado Judicial Branch - 4th Judicial District - Homepage

you rock

 

[girlhasnoname]

I wonder if SF will drop her attempts to get custody of Baby K now.

I truly don't believe she will. I think it's more than promising that the Juvenile Courts have granted CB physical custody from PF's arrest until the next hearing on April 4th.

They're establishing a much closer bond which will be helpful in their permanent custody case IMO. Baby K is exactly where she needs to be and stay JMO.

 

[AgeofAquaruis]

I think LE came to her...

Ping.

 

[zea mays]

I believe she said she learned about it on the 22nd. which leads me to believe she heard it from pf not le?

However, the police didn't know there was a homicide yet.

KK stated she learned PF committed homicide on or about November 22nd in Teller County and she moved KB’s cell phone with intent to impair the phones availability in Teller County on November 24th or 25th, 2018.

BBM. Exactly. For that to be the true timeline the only person that could have told her about the homicide was someone with direct knowledge of the crime (PF, IMO). KB wasn't even "missing" yet at that point.

Her statement said "I learned that PF had committed a homicide on approximately Nov 22nd..."

Seems like her lawyers made the statement ambiguous so we still don't know when she found out.

But, if she had the knowledge at least by the 24th-25th when she knowingly tampered with the evidence, it pretty much had to come from PF or someone with direct knowledge of the homicide. KB wasn't "missing" on the 24th or 25th yet. So, I agree they tried to keep it vague but the dates pretty much tell the tale.