CO CO - Kelsey Berreth, 29, Woodland Park, Teller County, 22 Nov 2018 - *Arrest* #65

[AgeofAquaruis]

Thanks NoeticSoul. xoxo

I imagine she must be fuming, not being able to be in the court room. All she has to do is testify,and tell the truth.

 

[Warwick7]

Someone else may have caught this already, but, he used that nosebleed to explain why he had blood on his clothes before the story of KK came out. How would he know LE would be looking for blood on his clothes if he didn’t have prior knowledge.

Excellent CATCH!
Alibi building.........

 

[gitana1]

I’m still worried. Continue to stone me I guess (lol). Maybe I won’t feel completed confident about all of this until the verdict is spoken. Maybe there s something wrong with me! Lots of evidence, but some of the holes make me nervous, and I hope there are not hold-outs on the jury who think “hmm....”

Nothing is wrong with you. The evidence is super strong. No room for "reasonable" doubt in my legal opinion. However, we see that not all humans are logical. Not all can set aside bias and emotion in order to use logic. It happens. We have seen that some have explained why they disbelieve KK is innocent of the actual act of the murder because "I don't think she's getting enough of a sentence or charge for what she did do", so they don't believe her as a result and have decided despite the evidence, to find PF likely didn't commit the actual murder. Because they're upset.

We hope that the state in this case was able to voir dire such possible jurors, out of the jury. I remember my one and only jury trial (I've helped out my law partner by being present and able to assist with certain things but this was the only one where I sat at counsel table. I was second chair). Co-counsel was an incredibly sharp (loved her) big shot international civil trial attorney (I needed the help as all I do are bench trials and this was a family law case with political implications). She and I both liked one potential juror. Her answers during vior dire were great. But my law partner who came to help with voir dire, said, "Get rid of her."

He's a bread and butter, hardworking criminal defense attorney. He does criminal trials constantly. Not a fancy guy. Not rich. Just works his tail off and works on the alternate public defender panel representing indigent criminal defendants. But I felt comfortable that the big shot trial attorney felt the way I did. (And no shade to her, she is insanely brilliant and compassionate, which was also cool). So she and I picked her.

That juror was the lone holdout.

It didn't matter because we didn't need a unanimous verdict and we won. But damn it! Law partner was right.

I think criminal attorneys know their stuff when it comes to voir dire and do the best they can. It's a tricky business and it seems to matter the most in criminal cases. Here's hoping they did well with this jury but I will always fear that someone incapable of setting aside emotion or bias made their way onto that jury until I hear the words, "We the jury find the defendant Patrick Frazee, guilty of murder in the first degree."

Knock on wood and sign of the cross.

Luckily, the worst I believe that could happen is a hung jury. And then we try again.

 

[Seattle1]

Maybe...but they made the statement it wasn't as significant before it had been ruled on in court and I don't think they found out the pieces of tooth contained no male DNA until it was consumed in the mitochondrial testing. JMO.

Except the problem requiring court intervention was the delay for the consumptive test because the defense was really stretching it over who could observe the test!

I do think they knew it was human and that the sample was probably going to be too small. I think once the defense learned the same they finally backed off. MOO

 

[gitana1]

Yes. Exactly!!

Yes. She was at least an accessory, which carries 2-6 years and mandatory 3 years probation, as a class 4 felony. 2016 Colorado Revised Statutes :: Title 18 - :: Criminal Code :: Article 8 - :: Offenses - Governmental Operations :: Part 1 - :: Obstruction of Public Justice :: § 18-8-105. Accessory to crime

You know thinking about that, which is the most they could've charged her with, with the information she had before she talked, and really all we can prove with the information she did divulge (which is protected info anyhow), the deal she got or is getting is actually not that outrageous.

The law would probably only allow her as a first time offender to get 3 years for what she did. There was and is no real proof of conspiracy. So the deal downward to no time to 18 months in exchange for her testimony and cooperation, was a good deal for both sides. Emotions aside, that's all Colorado allows for.

 

[OldLadyBlues]

I imagine she must be fuming, not being able to be in the court room. All she has to do is testify,and tell the truth.

Well even if there's a chance she has to testify that buys her a seat in the hallway. But imagine the testimony! The 5th would potentially hurt her son and telling the truth could do the same.
MOO, MOO

 

[Sweetsbeach]

I think the consumptive testing was critical. That's the very moment they found out that it was a female tooth and not a male tooth. And I'd like to add that one or more representatives from the defense was there wild process happened

I agree completely. I thought it was huge too. Again, the chances of a female human tooth, likely fractured due to blunt force trauma being found at the exact same place on the franchette as the spot where KB's body was allegedly burned are probably unfathomable odds.

 

[steeltowngirl]

Someone else may have caught this already, but, he used that nosebleed to explain why he had blood on his clothes before the story of KK came out. How would he know LE would be looking for blood on his clothes if he didn’t have prior knowledge.

Oh wow that’s right! I forgot about that....and it set off a hinky meter with Moore once he started to add things up, I think?

It would be quite a list if we itemized all the lies told and covering of tracks PF attempted.

 

[marchioness96]

Before KK came forward RS knew everything. MOO

Agreed!

 

[Snowsnake]

Has the broom on top of the bed been discussed yet?

It was a burner broom. Back up for KK’s ride home.

 

[Warwick7]

Well even if there's a chance she has to testify that buys her a seat in the hallway. But imagine the testimony! The 5th would potentially hurt her son and telling the truth could do the same.
MOO, MOO

Exactly! Prosecution played their cards perfectly.
MaF would definitely hurt her son's case now by pleading the 5th.

 

[MassGuy]

Oh wow that’s right! I forgot about that....and it set off a hinky meter with Moore once he started add into things up, I think?

It would be quite a list if we itemized all the lies told and covering of tracks PF attempted.

That would take an entire day to compile.

 

[MassGuy]

Sheila? Someone from the clinic?

Update: The jury in the #PatrickFrazee trial has been sent home for the day, as prosecutors and defense attorneys argue over the admissibility of evidence or testimony that's expected to be admitted Friday.
@csgazette #KelseyBerreth

Jakob Rodgers on Twitter

 

[Sweetsbeach]

Someone else may have caught this already, but, he used that nosebleed to explain why he had blood on his clothes before the story of KK came out. How would he know LE would be looking for blood on his clothes if he didn’t have prior knowledge.

Seriously, this is a great point. I hope this gets emphasized!

 

[MassGuy]

Fourth Judicial District Court Judge Scott Sells has closed the courtroom for the hearing over evidence admissibility, citing concerns that media coverage could taint the jury pool. Waiting for it to re-open.
@csgazette #KelseyBerreth #PatrickFrazee

Jakob Rodgers on Twitter

 

[Kapua]

Sheila? Someone from the clinic?

Update: The jury in the #PatrickFrazee trial has been sent home for the day, as prosecutors and defense attorneys argue over the admissibility of evidence or testimony that's expected to be admitted Friday.
@csgazette #KelseyBerreth

Jakob Rodgers on Twitter

I was wondering why they hadn't taken an afternoon break yet.

 

[MassGuy]

Judge Sells said that he remains "cautiously optimistic" that closing arguments will still be held Friday afternoon.
Prosecutors rounded out the day of testimony today by concluding a timeline of events from Nov. 22-Dec. 4, 2018.
@csgazette #KelseyBerreth #PatrickFrazee

Jakob Rodgers on Twitter

 

[AgeofAquaruis]

Well even if there's a chance she has to testify that buys her a seat in the hallway. But imagine the testimony! The 5th would potentially hurt her son and telling the truth could do the same.
MOO, MOO

Awwwwwww too bad eh?

 

[steeltowngirl]

Fourth Judicial District Court Judge Scott Sells has closed the courtroom for the hearing over evidence admissibility, citing concerns that media coverage could taint the jury pool. Waiting for it to re-open.
@csgazette #KelseyBerreth #PatrickFrazee

Jakob Rodgers on Twitter

How would media coverage taint a jury pool that will hear whatever it is IN court before the media hears it?

 

[MassGuy]

How would media coverage taint a jury pool that will hear whatever it is IN court before the media hears it?

The jury was kicked out too. It sounds like the judge has to decide if this evidence will be presented, or the witness will testify.

It involves one of the two.