Deceased/Not Found CO - Kelsey Berreth, 29, Woodland Park, Teller County, 22 Nov 2018 - #54 *ARREST*

[GordianKnot]

It's not relevant to murder/disappearance of Kelsey Berreth.

Of course it's relevant.
KB isn't the only victim here.
Her parents are victims, as is Baby K.
Her parents have been forever devastated by their daughter's murder.
Her daughter will now have to grow up and go through life without her mother.
Victim impact is part of what we discuss here, not just the crime itself.

JMO.

 

[Warwick7]

Why would you even bring this poor innocent child into this? Change her name? Absurd

PF brought "this poor innocent child into" this himself:

"Upon information and belief, Frazee had motive to kill Kelsey in that he wanted full custody of [name of minor child redacted] and/or Kelsey to leave [name of minor child redacted] with him and Kelsey would not agree,” the parents' attorney, Angela Jones, wrote in an amended civil complaint filed Friday in federal court on behalf of plaintiffs Cheryl and Darrell Berreth."

"The lawsuit claims Frazee told Cheryl Berreth a series of lies“knowing that Kelsey was dead because he had killed her, or caused her to be killed, on November 22, 2018.”

"According to the documents, Frazee told Cheryl Berreth that he met Kelsey on Thanksgiving at a Cracker Barrel restaurant in Colorado Springs."

"The documents also allege that Frazee encouraged false reports about Kelsey, including that the couple were not engaged, that Kelsey was not [name of minor child redacted] primary caregiver, that Kelsey had gone to rehab, that she had run off before, that she had abandoned the baby in Frazee's care and that she "had 'issues' that would warrant Frazee “getting full custody."

brb I have to retrieve the link.

Possible motive for missing Colorado mom's murder surfaces for 1st time in lawsuit

 

[Seattle1]

It is possible that PF’s lawyer asked her to take the fifth. Or maybe she has her own lawyer and he advised that. We don’t know just yet. It wasn’t a good look, that’s for sure.

Confirming SF has her own lawyer-- which we've known since the preliminary hearing:

During PF's February 19, 2019 preliminary hearing where prosecution showed there was enough evidence for case to go to trial, prosecution tried to call PF's mother SF as it's first witness.

Her attorney argued that she could not be compelled to testify, citing her Fifth Amendment rights, and judge ruled in favor of SF that she did not have to testify at this point and asked that she leave the courtroom. (Witnesses are typically sequestered from courtroom until after they testify).

When court was back in session after lunch break, Judge Sells indicated he was
upholding his decision to release Patrick Frazee’s mother from her subpoena, which means she did not have to testify against her son at his preliminary hearing.

Sells said prosecutors had wanted Sheila Frazee to testify about when her son arrived at Thanksgiving dinner the day Berreth disappeared, the wellbeing of his child, and a steel rod that may have been recovered.

She was also expected to testify about what was referred to as a “burning incident” at Frazee’s home, according to Sells. bbm

Sells said a preliminary hearing is not a time for this testimony, and that other witnesses can provide further similar information.

Courtroom updates: Preliminary hearing for Patrick Frazee, who is accused of killing Kelsey Berreth

We already know what prosecution wants Ma Frazee to testify about.

At a criminal trial, witness can selectively assert their 5th Amendment right not to testify, and will not waive their rights once they begin answering questions (not true for defendants).

If PF goes with alternate suspect theory - I believe SF will certainly testify "based on her recollection" that PF spent much of Thanksgiving at her house. Seems to me PF will depend on Ma Frazee to act pitiful before his jury-- to point the finger at KK. What does she have to lose?...

MOO

 

[Seattle1]

It's not relevant to murder/disappearance of Kelsey Berreth.

While true the minor child's name is not relevant in the trial of PF, it doesn't mean that her grandparent guardians would not desire her to take their name and/or her mother's name versus the surname of her alleged murderer father.

 

[MassGuy]

Confirming SF has her own lawyer-- which we've known since the preliminary hearing:

During PF's February 19, 2019 preliminary hearing where prosecution showed there was enough evidence for case to go to trial, prosecution tried to call PF's mother SF as it's first witness.

Her attorney argued that she could not be compelled to testify, citing her Fifth Amendment rights, and judge ruled in favor of SF that she did not have to testify at this point and asked that she leave the courtroom. (Witnesses are typically sequestered from courtroom until after they testify).

When court was back in session after lunch break, Judge Sells indicated he was
upholding his decision to release Patrick Frazee’s mother from her subpoena, which means she did not have to testify against her son at his preliminary hearing.

Sells said prosecutors had wanted Sheila Frazee to testify about when her son arrived at Thanksgiving dinner the day Berreth disappeared, the wellbeing of his child, and a steel rod that may have been recovered.

She was also expected to testify about what was referred to as a “burning incident” at Frazee’s home, according to Sells. bbm

Sells said a preliminary hearing is not a time for this testimony, and that other witnesses can provide further similar information.

Courtroom updates: Preliminary hearing for Patrick Frazee, who is accused of killing Kelsey Berreth

We already know what prosecution wants Ma Frazee to testify about.

At a criminal trial, witness can selectively assert their 5th Amendment right not to testify, and will not waive their rights once they begin answering questions (not true for defendants).

If PF goes with alternate suspect theory - I believe SF will certainly testify "based on her recollection" that PF spent much of Thanksgiving at her house. Seems to me PF will depend on Ma Frazee to act pitiful before his jury-- to point the finger at KK. What does she have to lose?...

MOO

That’s a great point. I was thinking she’d plead the Fifth, but it makes a hell of a lot more sense that she testify, and do so in a way that is beneficial to her son.

Thank God for those phone records.

 

[Dave F.]

Confirming SF has her own lawyer-- which we've known since the preliminary hearing:

During PF's February 19, 2019 preliminary hearing where prosecution showed there was enough evidence for case to go to trial, prosecution tried to call PF's mother SF as it's first witness.

Her attorney argued that she could not be compelled to testify, citing her Fifth Amendment rights, and judge ruled in favor of SF that she did not have to testify at this point and asked that she leave the courtroom. (Witnesses are typically sequestered from courtroom until after they testify).

When court was back in session after lunch break, Judge Sells indicated he was
upholding his decision to release Patrick Frazee’s mother from her subpoena, which means she did not have to testify against her son at his preliminary hearing.

Sells said prosecutors had wanted Sheila Frazee to testify about when her son arrived at Thanksgiving dinner the day Berreth disappeared, the wellbeing of his child, and a steel rod that may have been recovered.

She was also expected to testify about what was referred to as a “burning incident” at Frazee’s home, according to Sells. bbm

Sells said a preliminary hearing is not a time for this testimony, and that other witnesses can provide further similar information.

Courtroom updates: Preliminary hearing for Patrick Frazee, who is accused of killing Kelsey Berreth

We already know what prosecution wants Ma Frazee to testify about.

At a criminal trial, witness can selectively assert their 5th Amendment right not to testify, and will not waive their rights once they begin answering questions (not true for defendants).

If PF goes with alternate suspect theory - I believe SF will certainly testify "based on her recollection" that PF spent much of Thanksgiving at her house. Seems to me PF will depend on Ma Frazee to act pitiful before his jury-- to point the finger at KK. What does she have to lose?...

MOO

I'm confused. In SW 18-120, Affidavit Page 14, LE describes what they believe will prove to a jury that PF spent from just after 4:50 pm to just after 10:00 pm on Thanksgiving day at home. I don't see why would the defense need Ma F to testify to something that the prosecution intends to prove.
If the defense needed Ma F to testify for PF's location at the time of the murder, that would be an ALIBI defense, and prosecution motion P14 Motion for Discovery (of ALTERNATE SUSPECT DEFENSE) would seem to me to have been a waste of time.
MOO
Colorado Judicial Branch - Teller - Cases of Interest - The People of the State of Colorado v. Patrick Frazee

 

[Warwick7]

Why would you even bring this poor innocent child into this? Change her name? Absurd

The fact that Bereth's were granted guardianship of the baby speaks volumes.

When one parent is deceased and the other is arrested for that murder then the court will decide on a guardian based on the best interest of the child. The "best interests" criteria is similar to what a court might use when selecting a custodial parent in a custody fight. Ideally, courts want to move a child into the care of a guardian the child knows very well. This minimizes the disruption in her life at a traumatic time. Ma F., as already brought out by another poster, is a grandparent that knows the child very well whereas Barrett's had the privilege of seeing her few and far in-between. YET the court granted It to Kelsey's parents.

Yes, this speaks volumes, and I could see this as a likely springboard into changing her name later, once it is proved that PF murdered the baby's mother.

At this point no proof has been presented that Ma F wasn't interactive in the murder some how.

 

[Seattle1]

I'm confused. In SW 18-120, Affidavit Page 14, LE describes what they believe will prove to a jury that PF spent from just after 4:50 pm to just after 10:00 pm on Thanksgiving day at home. I don't see why would the defense need Ma F to testify to something that the prosecution intends to prove.
If the defense needed Ma F to testify for PF's location at the time of the murder, that would be an ALIBI defense, and prosecution motion P14 Motion for Discovery (of ALTERNATE SUSPECT DEFENSE) would seem to me to have been a waste of time.
MOO
Colorado Judicial Branch - Teller - Cases of Interest - The People of the State of Colorado v. Patrick Frazee

SF's "recollection of events" does not mean it can't be proven false. Trials are full of witnesses that believe their own lies (a la Cindy Anthony).

It's also not in Ma Frazee's best interest to plead the 5th for every question.

And it's not necessary to agree with my opinion.

 

[Warwick7]

Patrick Frazee prosecutors put his mother on the stand at hearing in Kelsey Berreth murder case: Was Idaho nurse Krystal Lee Kenney in Colorado on Thanksgiving Day?

Sam Kramer tweeted that May wanted to prove KK was at Ma F's house ON Thanksgiving. Did I understand that right???!!!

 

[MassGuy]

Patrick Frazee prosecutors put his mother on the stand at hearing in Kelsey Berreth murder case: Was Idaho nurse Krystal Lee Kenney in Colorado on Thanksgiving Day?

Sam Kramer tweeted that May wanted to prove KK was at Ma F's house ON Thanksgiving. Did I understand that right???!!!

No. This confused a lot of people at the time.

It was in reference to PF’s presence at Thanksgiving dinner.

Sam Kramer mistakenly thought it was in reference to KK, but there is only one defendant here.

May says she knows about a defendant showing up to her house on Thanksgiving. I’m assuming that’s Kenney, since Patrick lives with her. @KOAA #KelseyBerreth #PatrickFrazee #KrystalKenney

 

[Warwick7]

No. This confused a lot of people at the time.

It was in reference to PF’s presence at Thanksgiving dinner.

Sam Kramer mistakenly thought it was in reference to KK, but there is only one defendant here.

May says she knows about a defendant showing up to her house on Thanksgiving. I’m assuming that’s Kenney, since Patrick lives with her. @KOAA #KelseyBerreth #PatrickFrazee #KrystalKenney

Gotcha!! Thank you!

 

[Seattle1]

Patrick Frazee prosecutors put his mother on the stand at hearing in Kelsey Berreth murder case: Was Idaho nurse Krystal Lee Kenney in Colorado on Thanksgiving Day?

Sam Kramer tweeted that May wanted to prove KK was at Ma F's house ON Thanksgiving. Did I understand that right???!!!

No - that tweet was around 9:08 AM at beginning of preliminary hearing when prosecutor wanted to call SF as first witness. I recall Sam later corrected tweet that prosecutor was in-fact referring to the only defendant PF. Seems Crimeonline only source not aware of correction.

Later preliminary hearing testimony provided PF contacted KK in Idaho on Thanksgiving to tell her she had a mess to clean up. Testimony also provided KK exchanged vehicles with her friend day after Thanksgiving and drove VW to Colorado.

MOO

 

[MemPat]

I was relying to a post, stating blood clots, and how this could be stopped.

Sorry, I'm not understanding but that's okay.

 

[MemPat]

Why would you even bring this poor innocent child into this? Change her name? Absurd

You're joshing me, right? Happy Monday!

 

[katydid23]

I also suspect she might have been self righteous about it, being as PF seemingly put down KB's mothering. Mama Frazee may have thought she was protecting the baby. jmo

Yes, maybe PF lied to his mommy too, about KB's negligence and abuse?

I would hate my DIL if my son told me she was abusing my grand baby. I would fight for custody if need be.

 

[katydid23]

Why would you even bring this poor innocent child into this? Change her name? Absurd

why is that absurd? Does it seem good for her to be asked about her incarcerated father for the rest of her life? In school, other kids asking if he beat her mommy to death with a bat?

Is that preferable to a name change?

 

[katydid23]

I think she didn't want to let her son go, and with her son, came the baby. She knew what the baby meant to him, at the very least. I am not saying that she didn't love her granddaughter, but I truly believe that NO WOMAN was going to get her son, if she could stop it. I think she probably thought Kelsey was going to be a passing phase of his, like other women.

Yes, she needed her son to work on her farm.
KB probably wanted him to move in with her, maybe eventually closer to her job.

Also, it was getting close to school age for the child. Mama Frazee would be losing leverage when the girl was old enough for day care and all day school.

I think she wanted to get rid of KB almost as much as her son did.

 

[Sillybilly]

PF's mother is known as SF.

Please do not make derogatory or disrespectful name changes of major case players.

Thank you.

 

[Tippy Lynn]

September 5, 2019 - Thursday

• Review with appearance of parties (Custody) - 8:15am

Case #: D602018JV26

 

[MassGuy]

September 5, 2019 - Thursday

• Review with appearance of parties (Custody) - 8:15am

Case #: D602018JV26

That would be such a pain if Kelsey’s mom had to fly in for each appearance.

Hopefully it’s just her lawyer.