GUILTY Kelsey Berreth, 29, Woodland Park, Teller County, 22 Nov 2018 - *Arrest* #67

[makayla]

On Friday - outside of the jury present, the defense argued that the jury should be given options to the first-degree murder charge and the court granted the inclusion of 2nd-degree murder and manslaughter for consideration. (Did not remove the first-degree charge. If the jury cannot convict on first-degree murder, then they may consider the lesser charges).

As to formal "Jury Instructions" - Colorado court procedures requires the Judge to read the instructions to the jury. In this case, PF is facing 8 Charges and the Judge will read the Instructions to the jury for each of them.


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Thank you! I love how wise and experienced so many of the WS posters are ... answers are always given!

 

[riolove77]

Question:

I’m confused on the jury instructions. I thought they’d been given to the jury on Friday or maybe that was just deciding on what the instructions (and charges) would be without the jury present. I was under the assumption that we only had closing arguments left for tomorrow. I’m sure someone can tell me ..... thank you!

We (the lawyers) go over jury instructions on the record but outside the presence of the jury first. This way both sides have the opportunity to object to a particular instruction or ask for one that isn’t in. Sometimes it takes us hours to come to a final version. Then in the presence of the jury the judge has to read them word for word. They get a copy in the jury room too.

It was a good idea to leave them for tomorrow. They’re dense and hard to follow. This way they’ll be fresh.

 

[MemPat]

No problem!

I probably would have put on just plain old character witnesses. People from the community who’ve known him, worked with him, can attest to his reputation for honesty and calm, collected demeanor. The Patrick they know couldn’t and wouldn’t do this. No way. The People have their wrong man.

Preferably these people would not also be on the paper towel hit list. Perhaps no such people exist.

I suppose we'll find out during sentencing.

Perhaps Ma F will just step in and out of disguises to speak for Patrick....

or do a puppet show.

 

[makayla]

We (the lawyers) go over jury instructions on the record but outside the presence of the jury first. This way both sides have the opportunity to object to a particular instruction or ask for one that isn’t in. Sometimes it takes us hours to come to a final version. Then in the presence of the jury the judge has to read them word for word. They get a copy in the jury room too.

It was a good idea to leave them for tomorrow. They’re dense and hard to follow. This way they’ll be fresh.

That all makes sense now, and I appreciate your legal expertise on this matter, as well as the other information and comments you’ve shared here!

 

[MemPat]

Cautiously optimistic. Cautious because like I said earlier, juries are WEIRD. But I’m confident here. Cautiously.

Fingers in ears!

 

[GordianKnot]

I know this is going to shock people.
I know everyone is going to shake their heads and say, "Not possible" after I say this.
But, I assure you, it is possible:

Even as we speak, PF remains completely convinced that he's going to be found "Not Guilty" by the jury.

PF literally believes that if there's no body, there's no crime.

He doesn't understand that it's not an actual legal requirement for a body to be discovered in order for a crime to have been determined to have occurred.

As evidenced by JM's testimony re: PF's comments to him, sourced from this article:
Friend testifies Frazee said, ‘I figured out a way to kill her’

SABBM:
On several trips, Frazee asked, “Why are they even investigating this? If there’s no body, there’s no crime. What are they even after me for? What do they think they’re going to find?” Moore said he remembered.

The notes he wrote to Doe boy in jail also confirm that this is still the way his brain is tracking.
He's certain that if there's no body, no crime scene, he's home free.
He doesn't realize that blood and a broken tooth are evidence of both a body and a crime scene.

PF still, STILL believes that because LE didn't find KB's body, he can't legally be convicted of her murder.
The fact that the DA has nailed 100 septillion nails into his coffin has not even registered with PF.

PF still, STILL thinks he's walking out of that courtroom a free man.
It's going to be quite the revelation when he finds out he's wrong.
He's going to be completely gobsmacked.

It's going to be the one Bombshell out of the hundreds dropped in this trial that will actually shock him.

JMO.

 

[acutename]

Sickening thought--what if he approached others who haven't come forward, and who have major screws loose. Someone who might think this is something they'd like to do. This has to have occurred to the people on his "hit list," and law enforcement.

not up on all my federal criminal statutes, pretty sure trying to get a federal agent killed is a ne plus ultra felony....

 

[Megnut]

Thinking back... counting on you with better memories to set it straight... PF was with JM when PF made a phone call, anticipating arrest. JM overheard him say something about taking care of the horses.
Do we know whom he called? I always assumed it was KK. Could it have been SF? He didn't say nuthin' about cattle.... just horses. Since when has he been concerned about livestock?

Just trying to understand who knew the codes and when...

MOO

 

[riolove77]

Will the jury get time for a coffee break before 10am, or will they already be in deliberation?

Generally we give juries power over their own breaks as they need them, so long as the bailiff is involved.

 

[makayla]

I know this is going to shock people.
I know everyone is going to shake their heads and say, "Not possible" after I say this.
But, I assure you, it is possible:

Even as we speak, PF remains completely convinced that he's going to be found "Not Guilty" by the jury.

PF literally believes that if there's no body, there's no crime.

He doesn't understand that it's not an actual legal requirement for a body to be discovered in order for a crime to have been determined to have occurred.

As evidenced by JM's testimony re: PF's comments to him, sourced from this article:
Friend testifies Frazee said, ‘I figured out a way to kill her’

On several trips, Frazee asked, “Why are they even investigating this? If there’s no body, there’s no crime. What are they even after me for? What do they think they’re going to find?” Moore said he remembered.

The notes he wrote to Doe boy in jail also confirm that this is still the way his brain is tracking.
He's certain that if there's no body, no crime scene, he's home free.
He apparently doesn't realize that blood and a broken tooth are evidence of both a body and a crime scene.

PF still, STILL believes that because LE didn't find KB's body, he can't legally be convicted of her murder.
The fact that the DA has nailed 100 septillion nails into his coffin has not even registered with PF.

PF still, STILL thinks he's walking out of that courtroom a free man.
It's going to be quite the revelation when he finds out he's wrong.
He's going to be completely gobsmacked.

JMO.

Maybe he’s even sleeping soundly tonight dreaming of going home with his Mama tomorrow ... the joke is on him though! All those claims of innocence have fallen on deaf ears IMO ...

 

[acutename]

IIRC Sam told us they just made a connection in the jail over having been in rodeos.

ah... rodeos

 

[jakat]

maybe, unlike almost any other person on earth, he actually likes being on trial

Narcissists love attention, both positive and negative.

 

[Factoria]

Thinking back... counting on you with better memories to set it straight... PF was with JM when PF made a phone call, anticipating arrest. JM overheard him say something about taking care of the horses.
Do we know whom he called? I always assumed it was KK. Could it have been SF? He didn't say nuthin' about cattle.... just horses. Since when has he been concerned about livestock?

Just trying to understand who knew the codes and when...

MOO

It was an Idaho number that PF called from JM's phone.

Friend testifies Frazee said, ‘I figured out a way to kill her’

After the FBI took Frazee’s phone in December, he met with Moore in Woodland Park and asked to use his phone to make a call on Dec. 4, 2018. Moore said the call lasted 5 minutes, 58 seconds, according to his cell.

Moore said he could only hear what Frazee was saying — not what the person on the other line was saying. He said they were discussing horses.

“If I get arrested — because they’ve taken my phone — I’m going to have my friend here call you and it will be from this phone number so come and get these horses,” Frazee said over the phone, according to Moore.

Moore said the area code for the number was 208, which indicates an Idaho number. He said he never talked to the person Frazee called that day.

 

[MemPat]

I know this is going to shock people.
I know everyone is going to shake their heads and say, "Not possible" after I say this.
But, I assure you, it is possible:

Even as we speak, PF remains completely convinced that he's going to be found "Not Guilty" by the jury.

PF literally believes that if there's no body, there's no crime.

He doesn't understand that it's not an actual legal requirement for a body to be discovered in order for a crime to have been determined to have occurred.

As evidenced by JM's testimony re: PF's comments to him, sourced from this article:
Friend testifies Frazee said, ‘I figured out a way to kill her’

On several trips, Frazee asked, “Why are they even investigating this? If there’s no body, there’s no crime. What are they even after me for? What do they think they’re going to find?” Moore said he remembered.

The notes he wrote to Doe boy in jail also confirm that this is still the way his brain is tracking.
He's certain that if there's no body, no crime scene, he's home free.
He apparently doesn't realize that blood and a broken tooth are evidence of both a body and a crime scene.

PF still, STILL believes that because LE didn't find KB's body, he can't legally be convicted of her murder.
The fact that the DA has nailed 100 septillion nails into his coffin has not even registered with PF.

PF still, STILL thinks he's walking out of that courtroom a free man.
It's going to be quite the revelation when he finds out he's wrong.
He's going to be completely gobsmacked.

JMO.

Exactly.

And he may not even be allowed a sheet tomorrow night since he'll be on Suicide Watch.

Reality bites and he soon might be willing to trade Kelsey's body location for shoelaces.

 

[MemPat]

DBM

 

[riolove77]

I should add too that the jury instructions are not just for the charges in the case. They’re for dozens of other things; the rules of evidence, procedure for deliberations, how to fill out verdict forms, what unanimity means, etc. Tons of stuff. That’s why it’s such a long process.

 

[tmar]

Something to ponder: while PF was drafting his Bountiful Confessions, careful to include only the most sensitive information, JD was apparently streetwise enough NOT to answer in kind. He must have answered in spoken fashion, because with what we know, there's only one author of the Moron Chronicles. You can't make up that kind of stupid.

MOO

Unless napkin replies from JD were flushed.

 

[oviedo]

Thank you! I love how wise and experienced so many of the WS posters are ... answers are always given!

ITA and they are based in fact !! We are so lucky imo

 

[oviedo]

I should add too that the jury instructions are not just for the charges in the case. They’re for dozens of other things; the rules of evidence, procedure for deliberations, how to fill out verdict forms, what unanimity means, etc. Tons of stuff. That’s why it’s such a long process.

I seem to recall the estimate at 1 hour 45 minutes for the jury instruction

 

[GordianKnot]

Narcissists love attention, both positive and negative.

Yes, they do.

Being on trial also gives PF the rare opportunity to do things such as "sit at a table" and "take notes."

Additionally, it gives him the even rarer opportunity to hear himself being described as appearing "attentive" and "somber" by reporters in the courtroom.

These characterizations of both his demeanor and actions are no doubt music to his ears.

Why, they make him sound almost intelligent!

Almost.

JMO.