CO CO - Kelsey Berreth, 29, Woodland Park, Teller County, 22 Nov 2018 - #51 *ARREST*

[ilovechili]

You can find the PC easily elsewhere. There isn't much to it.

What happened to the decision on exhibits?

I am not surprised about the DHS records, there was never a hint he had ever contacted anyone official, he simply ran around and planted the story with those HE knew... Imo, only the media conjectured what it was about and put a totally false spin on it that took off.

Since when are arraignments adjourned? His guilty or not guilty plea depends on the evidence? It is a shame when hearings are delayed and not until the day of--I feel for all of the nonplayers in the case who drove to court and took time off, etc. not knowing that even the exhibits would not even be addressed as we were led to believe and the hearing would be adjourned.

Trial is typically a year from arrest? Lol, I do not see that in this case. They have not even agreed on a procedure for presumptive testing, how can they even proceed with the next arraignment unless that is settled because he is waiting for different forensic results if I understood that correctly. Even if arraignment proceeds in May, we are almost into June by then. This process has barely begun. The preliminary was in February and it will be almost June before a plea is likely even made (if then). I have never seen such a thing.

Not a judgment towards anyone, I am sure they have to be careful to give the defendant overboard every chance to avoid issues that can be appealed--just saying it is far from typical.

in my nonexpert opinion and only my opinion.

 

[PommyMommy]

Sam answers more questions:

Q. Is there a response on the release of preliminary trial evidence (surveillance cam stills, etc)?

Sam Kraemer on Twitter
Nope. I don’t think they’re required to do so anyway, because it’s not entered as public information. It was entered as evidence. #KelseyBerreth #PatrickFrazee #KrystalKenney
9:53 AM - 5 Apr 2019

Q. Do you know if there were any reports filed with DHS by PF before his arrest claiming child abuse?

Sam Kraemer on Twitter
There were none, according to testimony in the preliminary hearing. The CBI agent acknowledged Frazee claimed Kelsey was harming their daughter, but said he couldn’t find any proof through DHS. #KelseyBerreth #PatrickFrazee
9:55 AM - 5 Apr 2019

Q. Sam, are they looking anywhere else also for her remains or only going off what KK said about them being in the landfill?

Sam Kraemer on Twitter
Kenney told police that Frazee told her he would dispose her remains either in a landfill or a river. All we know is they are searching the Midway Landfill. #KelseyBerreth #PatrickFrazee @KOAA
9:56 AM - 5 Apr 2019

Q. So no plea?

Sam Kraemer on Twitter
No plea. That should come May 24, but again, the expectation is that he will plead not guilty. #KelseyBerreth #PatrickFrazee
10:00 AM - 5 Apr 2019

Q. Why 8 murder charges

Sam Kraemer on Twitter
2 counts of 1st deg. murder to align with the prosecution’s theories on how he did it. 3 counts of solicitation to commit murder for how many times he sought Krystal. 1 count of tampering with deceased human body. 2 counts of crime of violence (sentence enhancer) #PatrickFrazee
10:02 AM - 5 Apr 2019

Q. are they just going off her word that the remains are in a landfill or do they have a video of him going in? kinda a waste of money if its just off her word.

Sam Kraemer on Twitter
Frazee was seen at a Waste Management transfer site in Divide, CO, a few days before his arrest. So, I’d say it’s a little of both #KelseyBerreth #PatrickFrazee
12:08 PM - 5 Apr 2019

 

[Irmese]

@PommyMommy , thanks! That clears up some ideas about PF and the child abuse allegations. He didn't try to go through proper channels at all, so no evidence of child abuse from KB before or after her death, all accusations came from PF's lying lips.

 

[dixiegirl1035]

I have resigned myself that this is the first of many delays to come.

Its common knowledge that a key Defense strategy is to delay things.

Many articles on the subject and this one gives a summary in one sentence:

"almost invariably, delaying the case makes the defendant’s case stronger and the prosecution’s case weaker."

https://www.quora.com/Why-would-a-c...tinually-about-almost-2-months-and-maybe-more

The reasons a delay almost always benefits the defense are many and includes:

*witnesses can become unavailable over time and can even die sometimes before trial

*witnesses memory usually weakens over time and the defense can exploit this during trial testimony (like.... "so you are telling me you remember exactly what you were doing on this exact date and time over 1 year ago?")

*public outrage and emotions (i.e., jury members) about the crime tends to diminish over time

*gives more time for the defense lawyers to prepare their defense

*new evidence may be uncovered (this can work both ways and could benefit either defense or prosecution)

Especially if the Witnesses are elderly, and they pleaded the fifth and have never given a deposition or a statement. 2 years later they can easily say, and perhaps be more believable, " I don't remember".

 

[Snowsnake]

Colorado is currently looking at removing the death penalty from law. PF could be playing that into his game plan. Not having all the evidence in and properly tested is certainly grounds to move the plea date. I just don't like wasting the money on his worthless carcass but I do want him to get all the justice he deserves.

 

[Seenit]

If one is truly not guilty, why wait to plead?

That's my thought, too.

 

[PommyMommy]

And, Sam's still getting questions...

Q. I didn’t hear anything regarding this: “The judge will also decide on a few motions: - A motion to release the exhibits entered during the Feb. 19 preliminary hearing to the public”....

Sam Kraemer on Twitter
Correct. Again, I don’t think those exhibits can be made public. I’ll check #KelseyBerreth #PatrickFrazee
10:08 PM - 5 Apr 2019

Q. What a sentence enchanter

Sam Kraemer on Twitter
A charge added to essentially bar the judge from reducing a possible sentence. #KelseyBerreth #PatrickFrazee
10:11 PM - 5 Apr 2019

Q. So what happens if they don’t set a trial date within 6 months?

Sam Kraemer on Twitter
I’m not sure. But I’m pretty sure it’s within six months of the arraignment — not his arrest. #KelseyBerreth #PatrickFrazee
10:12 PM - 5 Apr 2019

Q. What date did he go and do we know who was with him and were they questioned

Sam Kraemer on Twitter
I think it was Dec. 18. Other media reported he was with two men. Not sure if they’ve been questioned (or who they are). #KelseyBerreth #PatrickFrazee
10:14 PM - 5 Apr 2019

 

[susiQ]

Sam answers more questions:
SBMFF

Q. are they just going off her word that the remains are in a landfill or do they have a video of him going in? kinda a waste of money if its just off her word.

Sam Kraemer on Twitter
Frazee was seen at a Waste Management transfer site in Divide, CO, a few days before his arrest. So, I’d say it’s a little of both #KelseyBerreth #PatrickFrazee
12:08 PM - 5 Apr 2019

I have to believe the search is based on more than just KK's words or PF's dump run days before his arrest. He had 10 days before Kelsey was even reported missing to dump her remains (encased in black melted tote). I suspect LE have cell data and GPS data that show PF dumping something prior to the visit that was reported on. Sometime during those 10 days there were no EYES on him. Perhaps even video depending on where he dumped it, at the transfer station or possibly a local dumpster. JMO

 

[crhedBngr]

May 24th seems a long way off . . .

 

[ajaylee]

I have to believe the search is based on more than just KK's words or PF's dump run days before his arrest. He had 10 days before Kelsey was even reported missing to dump her remains (encased in black melted tote). I suspect LE have cell data and GPS data that show PF dumping something prior to the visit that was reported on. Sometime during those 10 days there were no EYES on him. Perhaps even video depending on where he dumped it, at the transfer station or possibly a local dumpster. JMO

I agree. I also think they'd be looking at a pretty short time frame - I'm guessing he disposed of the remains no later than the day after KK left.

I'm trying to be optimistic after this morning. It seems to me that if PF knew the remains weren't at the landfill - that they were somewhere in a cellphone 'black hole' where LE really would never find them - he'd have no hesitation in pleading innocent and heading to trial.

On the other hand, if he did put the remains in the landfill, he'll sit tight and hope they don't find anything before he decides how to plea.

I'm beginning to suspect PF was always a little 'off' mentally. I think the family knew it, but figured if he stayed out on the ranchette with Mom and didn't have to hold a steady job or be around crowds too often, he might not get into trouble. I believe CB sensed it and that's why the condo and one car were not in KB's name. I think she was praying for the best and fearing for the worst, but I don't think her deepest fears ever imagined her daughter being brutally murdered while her granddaughter was in the next room.

 

[MsJosie]

Especially if the Witnesses are elderly, and they pleaded the fifth and have never given a deposition or a statement. 2 years later they can easily say, and perhaps be more believable, " I don't remember".

Hmmm....if this person has memory issues, child custody would be an issue for the child’s safety.

 

[susiQ]

I agree. I also think they'd be looking at a pretty short time frame - I'm guessing he disposed of the remains no later than the day after KK left.

I'm trying to be optimistic after this morning. It seems to me that if PF knew the remains weren't at the landfill - that they were somewhere in a cellphone 'black hole' where LE really would never find them - he'd have no hesitation in pleading innocent and heading to trial.

On the other hand, if he did put the remains in the landfill, he'll sit tight and hope they don't find anything before he decides how to plea.

I'm beginning to suspect PF was always a little 'off' mentally. I think the family knew it, but figured if he stayed out on the ranchette with Mom and didn't have to hold a steady job or be around crowds too often, he might not get into trouble. I believe CB sensed it and that's why the condo and one car were not in KB's name. I think she was praying for the best and fearing for the worst, but I don't think her deepest fears ever imagined her daughter being brutally murdered while her granddaughter was in the next room.

I think as much as we feel disappointed at what didn't happen this morning, we can all agree it was the best thing for both sides at this point. Hopefully, the testing will be completed by that time and even more, that KB's remains are recovered. I hope all the evidence sinks him good and his only recourse is to take a deal of LWOP in lieu of the DP and spare the county a costly trial. JMT

 

[MsJosie]

What was it KLK threw down a canyon? A phone? I searched and cannot find the report, here on WS or the media. I remember reading it was to dangerous for investigators to retrieve. Since repelling is ‘out’ could a drone be used for a search?

Thanks

 

[PommyMommy]

What was it KLK threw down a canyon? A phone? I searched and cannot find the report, here on WS or the media. I remember reading it was to dangerous for investigators to retrieve. Since repelling is ‘out’ could a drone be used for a search?

Thanks

KK said she threw the keys to KB’s townhome into a gorge in Idaho and burned KB's cellphone in her yard.
Grisly account of murder of Kelsey Berreth provided by Idaho nurse

 

[GordianKnot]

What was it KLK threw down a canyon? A phone? I searched and cannot find the report, here on WS or the media. I remember reading it was to dangerous for investigators to retrieve. Since repelling is ‘out’ could a drone be used for a search?

Thanks

Grisly account of murder of Kelsey Berreth provided by Idaho nurse

SFA:
Kenney said she threw the keys to Berreth’s townhome into a gorge in Idaho.

KK threw KB's keys into a gorge in ID.

 

[PommyMommy]

Grisly account of murder of Kelsey Berreth provided by Idaho nurse

SFA:
Kenney said she threw the keys to Berreth’s townhome into a gorge in Idaho.

KK threw KB's keys into a gorge in ID.

Jinx!

 

[ajaylee]

What was it KLK threw down a canyon? A phone? I searched and cannot find the report, here on WS or the media. I remember reading it was to dangerous for investigators to retrieve. Since repelling is ‘out’ could a drone be used for a search?

Thanks

IIRC, there were two burner phones (at least). I think KK used the first one when she went to KB's with the coffee, introduced herself and gave her number to KB so they could arrange playdates.

IIRC, she tossed that phone on the way home - I think that was into a canyon in or near Breckenridge.

 

[Irmese]

I agree. I also think they'd be looking at a pretty short time frame - I'm guessing he disposed of the remains no later than the day after KK left.

I'm trying to be optimistic after this morning. It seems to me that if PF knew the remains weren't at the landfill - that they were somewhere in a cellphone 'black hole' where LE really would never find them - he'd have no hesitation in pleading innocent and heading to trial.

On the other hand, if he did put the remains in the landfill, he'll sit tight and hope they don't find anything before he decides how to plea.

I'm beginning to suspect PF was always a little 'off' mentally. I think the family knew it, but figured if he stayed out on the ranchette with Mom and didn't have to hold a steady job or be around crowds too often, he might not get into trouble. I believe CB sensed it and that's why the condo and one car were not in KB's name. I think she was praying for the best and fearing for the worst, but I don't think her deepest fears ever imagined her daughter being brutally murdered while her granddaughter was in the next room.

I think he's off, too, but in a spoiled kid sort of way. He's probably always been a screw up and a moocher, only working when he had to.

 

[MsJosie]

Thank you everyone....keys and/or phone. One might not see these small items with a drone, but maybe one would get lucky. Also I don’t know if the air space in the canyon would be suitable for a drone BUT if the drone could take videos of the area and that video was enhanced there is a possibility of locating the items. Finding them may just be one more piece of evidence. (I know little of drones only had one encounter with a drone on land....adult bachelor peeping Toms tried to look in our windows and my dog knocked the drone down, caught the drone, and brought it to my husband!)

 

[margarita25]

Timeline - PART 3
(March 1, 2019 - June 24, 2019)

March 1, 2019 - Friday

• PF filed a motion in Teller County District Court asking a judge to deny a claim by Berreth’s parents. Colorado’s wrongful death statute clearly states that the Berreths have no standing to make a legal claim based on the alleged wrongful death of Kelsey Berreth, the motion says.

March 4, 2019 - Monday

• PF - Legal Argument Hearing - 8:30 am

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

• Judge agreed to unseal 22 of the 28 search warrants, he did not allow the exhibits displayed at the preliminary hearing to be made public. Both the prosecution and defense agreed that they did not want those released ahead of the trial. Some of the 22 warrants to be made public this week detail records from Verizon, Google and Facebook.
• The state and defense agreed to move a decision about consumptive evidence testing until after PF’s arraignment. Consumptive testing involves evidence that can only be tested one time, likely due to the size of the evidence or the material in question.

March 6, 2019 - Wednesday

• Search warrants released

Colorado Judicial Branch

March 7, 2019 - Thursday

• Motion filed by defense

March 11, 2019 - Monday

• PF Wrongful Death - Scheduling and Planning Conference - 1:30 pm (Vacated pending a ruling on motion filed by defense on 3/7/19)

Case: 19-cv-00027-PAB-KMT

April 4, 2019 - Thursday

• Disposition Hearing (Custody) - 8:30am

Case #: D602018JV26

• EF, PF’s sister, was also at the hearing with her partner. She’s vying for custody of her niece as well.
• The Teller County District Court once again ruled on Thursday that PF and KB's 1-year-old daughter will stay in the custody of the child's maternal grandparents.

Colorado Judicial Branch - Court Docket Search

April 5, 2019 - Friday

• PF - Arraignment - 8:30 am

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

• The defense requests a continuance. The people have no objection.
• No plea today. Judge Sells reschedules arraignment for 5/24.
• Both parties want seven more weeks for forensic evidence testing. Defense feels PF needs that information before moving forward.
• Judge Scott Sells says he doesn’t think it’s appropriate to set a trial date until all parties have more info on forensic testing.
• Judge granted defense access to DHS records.
• The testing they’re waiting on is the consumptive testing, which they still have to finalize a procedure for. May says some of the evidence hasn’t been tested yet.
• May says it’s not the time to think about pursuing the death penalty. It must happen after arraignment. After the plea, they have 9 weeks to decide.
• When asked about a change of venue, May says that’s a question for the defense, who would request that.
• May says he won’t comment on whether a plea deal is being pursued.
• Beth Reed talked about the social services record. She’s referencing the lack of reports suggesting Kelsey Berreth harmed her daughter (like PF claimed). She says these records are post-arrest.

May 24, 2019 - Friday

• PF - Arraignment - 8:30 am

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

June 13, 2019 - Thursday

• PF Review with Appearance of Parties (Custody) - 8:15am

Case #: D602018JV26
(Review with appearance is to advise the court the status of the case and how the parties want to proceed. The parties are required to appear in court in person.)

June 24, 2019 - Monday

• KK- Review Hearing - 11 am - Teller County

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


KB, PF and KK’s cell phone communication and locations information between Nov. 22 - Dec. 4

• Nov. 22, 2018 - The analysis of the cell phone data revealed that KB and PF cellular phones connected to the same Verizon tower in WP at 12:23 p.m when KB missed a call from PF at 12:31 p.m.
• Nov. 22, 2018 - Both KB and PF’s phones were seen by towers near Cripple Creek in the evening, traveling in the same directions and often similar distances from the cell towers hen measurements were captured by the Verizon network. This would indicate the phones were likely together.
• Nov. 22, 2018 - KK spoke with PF at 4:30 p.m. PF texted KK asking for her to call him. PF eventually called KK, saying, she had to get to CO because she had a mess to clean up. KK interpreted that as KB was dead. Cell phone records support this cell phone conversation.
• Nov. 23, 2018 - both KB and PF’s phones utilized the Verizon cell tower in Florisant, along with the sector facing PF’s residence when PF’s phone called KB’s phone in the morning. Later in the day, both phones then appear to travel together from the area of PF’s residence towards the same area west of Cripple Creek and both phones had visited the prior evening before returning in the direction of PF’s residence.
• Nov. 24, 2018 - Both KB and PF’s phones utilized the Verizon cell tower in Florisant, along with the sector facing PF’s residence when PF’s phone called KB’s phone first thing in the morning. Both phones eventually travel to same area west of Cripple Creek.
• Nov. 24, 2018 - Call records indicate PF and KK communicated at 7:23 a.m., 10:47 a.m., 11:39 a.m., 1:06 p.m. and 5:21 p.m. (KK initially told LE she was at PF’s residence at this time)
• Nov. 24, 2018 - KK’s cell phone was connected to a cell tower and also to a sector of that tower that would service KB’s residence on the morning of Nov. 24, 2018. The tower is some distance from the PF residence and likely wouldn’t service his residence.
• Nov. 24, 2018 - KK sent Meghan a text message in the afternoon, asking if she could stay the night at her house because she had too much to drink. Meghan said the content of the message was false and was only meant to establish an alibi in case CL checked KK’s phone or called Meghan to see where KK was.
• Nov. 24 and or Nov. 25, 2018 - KB’s cellular phone likely traveled from CO via I 70 into Utah and I 15 through Salt Lake City into Idaho during the evening of Nov. 24 and/or the morning of Nov. 25.
• Nov. 24 and or Nov. 25, 2018 - KK’s phone traveled back to Idaho on the 24th or 25th of November. KK’s phone was connected to the exact same tower an sectors in a remote area of the Colorado/Utah border on the morning of Nov. 25. KK’s phone was connected to the tower at approximately 4:13 a.m., 4:17 a.m. and 4:23 a.m. KB’s phone was connected to the tower at approximately 4:11 a.m. and 4:16 a.m.
• Nov. 25, 2018 - Last activity for KB’s phone at 5:13 p.m. approximately 6.38 W/Sw from a Verizon cell tower in Gooding, Idaho. That distance placed the phone at or near Malad Gorge State Park, which is supported by additional tower measurements from Verizon in the minutes leading up to that data point.
• Nov. 25, 2018 - KK was in cell phone communication with PF on her return trip to Idaho, including shortly after the last activity of KB’s cell phone.
• Dec. 4, 2018 - KK lost her cell phone and purchased a replacement Samsung device. (same day LE seized PF’s cell phone.
• Dec. 4, 2018 - LE seized PF’s cell Phone

LINKS:
Colorado Judicial Branch Docket Search: Colorado Judicial Branch - Court Docket Search
Teller County Jail Lookup: Archonix XJail Public
4th District Cases of Interest: Colorado Judicial Branch - 4th Judicial District - Homepage
People of CO v. PF: Colorado Judicial Branch
People v. KLK: Colorado Judicial Branch
Custody Docket: Colorado Judicial Branch - Court Docket Search
Case#: D602018JV26
Year = 2018
Case Class = JV
Case Sequence = 26

Amended Civil Action Complaint: http://media.graytvinc.com/documents/Amended+complaint+vs+Patrick+Frazee.pdf

Sam Kraemer Twitter: Sam Kraemer (@SamKraemerTV) | Twitter
Clayton Sandell Twitter: Clayton Sandell (@Clayton_Sandell) | Twitter
Kayna Whitworth Twitter: @KaynaWhitworth
Becky Perlow Twitter: @gobeckygo
Carol McKinley Twitter: @CarolAMcKinley
Emily Shapiro Twitter: @EmilyShapiroABC
Lance Benzel Twitter: Lance Benzel (@lancebenzel) | Twitter
KB Twitter Search: kelsey berreth - Twitter Search

(Not too shabby)