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

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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....”

FWIW, I feel the exact same way.

JMVHO.
 
Sam Kraemer‏ @SamKraemerTV
We’re done for the day as the court again discusses whether testimony from an upcoming witness will be permitted in a closed hearing. State has 2-3 witnesses left. I expect they rest their case tomorrow morning. @KOAA #KelseyBerreth #PatrickFrazee #KrystalKenney

3:04 PM - 14 Nov 2019

Sam Kraemer‏ @SamKraemerTV
Judge Scott Sells says he’s optimistic we’ll still have closing arguments tomorrow afternoon. If not, they’ll happen Monday. @KOAA #KelseyBerreth #PatrickFrazee #KrystalKenney

3:05 PM - 14 Nov 2019
 
KK testified it was at RS ranch, in the tote. after the murder,but before the Bonfire burning her body.

I don’t remember that. But his cell phone pinged toward the RS home the night of the murder. I have always wondered if RS didn’t help PF take that tote 15feet up. Seems like quite the task for one person even with a tractor. He needed KK help to get it down.
 
Sam Kraemer‏ @SamKraemerTV
We’re done for the day as the court again discusses whether testimony from an upcoming witness will be permitted in a closed hearing. State has 2-3 witnesses left. I expect they rest their case tomorrow morning. @KOAA #KelseyBerreth #PatrickFrazee #KrystalKenney

3:04 PM - 14 Nov 2019

Sam Kraemer‏ @SamKraemerTV
Judge Scott Sells says he’s optimistic we’ll still have closing arguments tomorrow afternoon. If not, they’ll happen Monday. @KOAA #KelseyBerreth #PatrickFrazee #KrystalKenney

3:05 PM - 14 Nov 2019
He's done a great job running a tight ship, to ensure integrity of the case.
 
Jakob Rodgers‏ @JakobRodgers
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

3:01 PM - 14 Nov 2019

Jakob Rodgers‏ @JakobRodgers
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

2:59 PM - 14 Nov 2019

Jakob Rodgers‏ @JakobRodgers
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

2:57 PM - 14 Nov 2019
 
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'm holding out hope that Ma F will be up there.
 
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
Hmmm, what an interesting cliffhanger.

btw: nice updated avatar - and love the nod to Dylan Thomas in your sig;)
 
Unfortunately -- an investigator testified that the scrap yard (Evraz Steel) was not known until recently. The trough and other metal was taken there and very unfortunate this information not known and searched early.

It was actually SF2 that said he suggested this scrap yard when he met PF to exchange a death certificate.

(Evraz Steel not to be confused with Midway Landfill).

I wonder if Evraz Steel, scrap yard was part of what the defense was referring to at the October 18th hearing.
  • Stiegerwald says he’s gotten a year’s worth of work in the last two weeks. Stiegerwald offered the idea of a continuance or having the state clearly identify what the discovery will he used for.
  • Stiegerwald says he received DNA analysis on his way to court today. He’s asking if the state has any remaining evidence that it must be turned over today.
  • He says he doesn’t see how his team can properly prepare to represent PF under these circumstances. Viehman says as soon as they get evidence, they immediately turn it over to the defense.
  • For example, El Paso County Coroner recently ran x-rays on undisclosed pieces of evidence.
  • Judge says he does not want a continuance in this case. State pointed out they are compiling everything they have to give to the defense today. Judge leaves it at that.
 
I don’t remember that. But his cell phone pinged toward the RS home the night of the murder. I have always wondered if RS didn’t help PF take that tote 15feet up. Seems like quite the task for one person even with a tractor. He needed KK help to get it down.

I figured something out. The information that PF’s phone was near the vicinity of RS’ home on Thanksgiving night, came from this search warrant (posted below).

Law enforcement was trying to figure out why PF was in the area, and that made the most sense.

The thing is, this search warrant was filed on December 17, which means law enforcement hadn’t even discovered the barn yet, as that revelation came from KK’s cooperation, which occurred on December 20.

I imagine they looked into RS’ whereabouts that night, and ultimately ruled his involvement out.

Also in this warrant, is information that seems to justify another warrant, perhaps for RS (suspicious statements, etc). I think there probably was one executed, and it’s included in the several that have yet to be published.

Also, KK helped PF when they retrieved the body, but I don’t think it was necessary. He just took advantage of her being there.

https://www.courts.state.co.us/userfiles/file/Court_Probation/04th_Judicial_District/Teller/caseofinterest/2018CR330/002/18-118 Search Warrant.pdf
 
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I wonder if Evraz Steel, scrap yard was part of what the defense was referring to at the October 18th hearing.
  • Stiegerwald says he’s gotten a year’s worth of work in the last two weeks. Stiegerwald offered the idea of a continuance or having the state clearly identify what the discovery will he used for.
  • Stiegerwald says he received DNA analysis on his way to court today. He’s asking if the state has any remaining evidence that it must be turned over today.
  • He says he doesn’t see how his team can properly prepare to represent PF under these circumstances. Viehman says as soon as they get evidence, they immediately turn it over to the defense.
  • For example, El Paso County Coroner recently ran x-rays on undisclosed pieces of evidence.
  • Judge says he does not want a continuance in this case. State pointed out they are compiling everything they have to give to the defense today. Judge leaves it at that.

I'm what the evidence that was x-rayed and if we will hear about it.
 
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.
Not to stress anyone out or get sidetracked but my dad was once on a jury with two completely illogical women. It was a trial for a guy who came upon a woman he didn't know and assulted/raped her. They had his DNA with the rape kit. She had bruises and gravel in horrible places when she'd been examined.

My dad said the two jurors said the victim probably knew him, was cheating on her husband and liked it rough! My dad said he and everyone else on the jury were infuriated as the defense hadn't even presented such theories. It ended up being a hung jury because of them and my dad was so upset learning the defendant had done time prior to this for brutally raping another woman..a fact that wasn't allowed to be presented during trial. Luckily the next trial the jury unanimously found the sick freak guilty.
 
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