CO CO - Kelsey Berreth, 29, Woodland Park, Teller County, 22 Nov 2018 - #53 *ARREST*

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Colorado rancher pleads not guilty in killing of fiancee
SABBM:
Prosecutors now have 90 days to decide whether to pursue the death penalty for Frazee, a decision which starts by determining whether the case has at least one of over a dozen factors required by state law. Those factors include things like killing someone in an especially heinous way or forming an agreement to kill someone.

District Attorney Dan May did not tell reporters Friday whether he believes any of the factors are applicable in Frazee's case. May said prosecutors will meet with relatives of Berreth and with members of Frazee's defense team before finalizing a decision on whether to seek the death penalty.

Prosecutors have not disclosed theories on why Frazee would kill Berreth.
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Just another friendly reminder for PF that DA May still has 88 days left to make his decision.

Man, DA May is an absolute rock star!

Betcha' he's one heckuva poker player, too.

JMO.
 
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Well, if the case against PF is as strong as we all think, I'd be going for the DP. Why not? Even if it never happens, it's hanging over his head and maybe, just maybe that would be enough for him to give up the location of KB's remains for a little more space in prison while he waits to die.

I guess I have a particular revulsion toward him because of how he "orchestrated" the murder of his daughter's mother, lovely KB. Deceiving her for three long months that "everything's cool", yeah we've got some things to sort out, but don't worry. All the while, conspiring with the pea brain RQ to extinguish KB's life. And how? By deceiving and engaging KB in a "harmless" little game of "guess this scent". Utter betrayal of a defenceless young woman that never could have seen this coming. I picture that creature, with KB quietly waiting, his ugly face grinning with delight as he swung that bat to bring his devilish plan to fruition. A serpent if there ever was one. I honestly can't express what I feel for him and his partner in crime. JMO
 
susiQ said:
Well, if the case against PF is as strong as we all think, I'd be going for the DP. Why not? Even if it never happens, it's hanging over his head and maybe, just maybe that would be enough for him to give up the location of KB's remains for a little more space in prison while he waits to die.

I guess I have a particular revulsion toward him because of how he "orchestrated" the murder of his daughter's mother, lovely KB. Deceiving her for three long months that "everything's cool", yeah we've got some things to sort out, but don't worry. All the while, conspiring with the pea brain RQ to extinguish KB's life. And how? By deceiving and engaging KB in a "harmless" little game of "guess this scent". Utter betrayal of a defenceless young woman that never could have seen this coming. I picture that creature, with KB quietly waiting, his ugly face grinning with delight as he swung that bat to bring his devilish plan to fruition. A serpent if there ever was one. I honestly can't express what I feel for him and his partner in crime. JMO
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I am looking forward to some bad news, about both PF and KK.
It will surely come, as Karma will acknowledge their conniving evilness and reward both with years of misery.
The trial will greatly affect them both, and I am looking forward to their demise.
Their sick partnership will be displayed for all to see.
MOO.
 
I hope May goes for the death penalty, especially if it could be used as leverage to recover KB’s remains. I remain hopeful as he gets closer to trial, that PF’s attorney will drill into him the strength and damning power of the photos and spoken testimony. I don’t think he cares about the Berreth family, but he cares about himself. When he’s totally roped and tied and reality sets in I bet he makes a last minute plea.
 
Oregon said:
I hope May goes for the death penalty, especially if it could be used as leverage to recover KB’s remains. I remain hopeful as he gets closer to trial, that PF’s attorney will drill into him the strength and damning power of the photos and spoken testimony. I don’t think he cares about the Berreth family, but he cares about himself. When he’s totally roped and tied and reality sets in I bet he makes a last minute plea.
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BBM:
Me, too.

I think this is precisely one of the reasons why DA May has steadfastly refused to rule out the death penalty when asked questions about it by the media.
It's one of PF's pressure points.

As I've frequently opined here, DA May impresses me as being a very, very, bright guy and a strategic thinker.
I wouldn't want to play either chess or poker against this man.
This DA is brilliant.

In addition to looking at whether this murder meets the reqs for making it a capital murder case,
I'm sure the DA is also weighing the pros and cons to seeking the dp, and mentally making the argument both for and against pursuing it in his own mind.

I know which side of the fence I'm on, and it sounds like you do, too.
My greatest hope is that when DA May hops off the fence, he'll land in the same spot.
We'll find out in around 86 days.

Any potential deal with PF in exchange for a guilty plea should absolutely require him to make a full confession in court, including disclosing when/where/how he murdered KB and how/where he disposed of her remains.

Unfortunately, I don't think there's any way PF will plead guilty.
But if there even the remotest possibility, the only reason he would plead is to save his own leathery hide.
Because PF's hide is the only thing in this world PF cares about.

JMO.
 
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lakelette said:
I've seen a hearing or trial - can't remember which one - where a camera was aimed at the courthouse emblem on the wall. It was essentially a live audio stream. There is no reason that can't be considered. Live tweeting a three-week or more trial will be a huge burden to both tweet and follow. He's not entitled to privacy in this way and it really bothers me that the judge can't be more creative or flexible.
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That's a great option. No media coverage other than tweets is extremely unusual. But worst case, reporters should be able to take notes old school - with pen and paper.
 
Oregon said:
I hope May goes for the death penalty, especially if it could be used as leverage to recover KB’s remains. I remain hopeful as he gets closer to trial, that PF’s attorney will drill into him the strength and damning power of the photos and spoken testimony. I don’t think he cares about the Berreth family, but he cares about himself. When he’s totally roped and tied and reality sets in I bet he makes a last minute plea.
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Remind me. What photos? TIA
 
GordianKnot said:
https://leg.colorado.gov/sites/default/files/death_penalty_publication_2202017.pdf

Linking current Colorado law re: the death penalty.

DA May spent some time during the pc yesterday discussing the need for a jury to find at least 1 of Colorado's identified "Aggravating Factors" in order to impose the death penalty.
Page 13 of the linked doc lists the "Aggravated Factors" that make a Felony 1 case eligible for the DP.

It would take a lot of work and creative argument for DA May to make the case for the death penalty based on my reading of this list.

I see two potential qualifying factors, but the case for both is tenuous at best:
  • the offense was committed for pecuniary gain
  • the defendant committed the offense in an especially heinous, cruel, or depraved manner
I've always believed that PF's primary motive for killing KB was a financial one.
PF didn't want to pay KB child support. Didn't want to cover any of KB's other expenses r/t the raising of Baby K, either. I think in PF's mind, if he had full "custody," i.e., if he handed Baby K off to Ma F to raise at the ranch, he wouldn't have to pay KB anything at all.
That's why he wanted custody. Not because he's some loving, devoted father. He's not.

A loving, devoted dad doesn't beat their baby's mommy to death with a baseball bat.

If KK had a will leaving anything to PF, that would bolster the argument for the murder having been committed for pecuniary gain, but I don't believe KK did any such thing.
In fact, I'll be shocked if she did.

Regardless, an argument can be made that PF murdered KB for pecuniary gain.

The second factor is particularly difficult to establish since this is a no body case.
The jury would have to believe that PF killed the mother of his child by bludgeoning her with a baseball bat on the strength of the blood evidence in the townhome and KK's testimony.

I don't see any other aggravating factors that would even remotely apply here in KB's case.
Does anyone else see something I've missed, though?

I don't know what DA May's personal feelings about the death penalty are, but I'm hoping he takes a good, hard, long look at those aggravating factors.

If DA May can make the case in his own mind for at least one of those factors being present, then I would love to see him make that case in front of the jury at trial.

I see a pathway to the capital murder case. It's narrow, and tough to navigate.

But it exists.

JMO.
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He killed her Hannible lector style. He has serial killer personality that’s just emerging. Usually I’m on the fence about the death penalty, but in this case I’m leaning towards a favorable death penalty outcome. He’s so sick and twisted.
 
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gliving said:
Two new motions listed on Colorado Judicial Branch website.

https://www.courts.state.co.us/userfiles/file/Court_Probation/04th_Judicial_District/Teller/caseofinterest/2018CR330/002/D-11 Objection to Non-Party Movant KUSA's Request for Expanded Media Coverage for May 24th's Arraignment Hearing.pdf


https://www.courts.state.co.us/userfiles/file/Court_Probation/04th_Judicial_District/Teller/caseofinterest/2018CR330/002/D-12 Order Motion for Sanctions.pdf
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Thanks for keeping us up to date!

My feelings about the May 27th request:

Mr. Frazee this, Mr. Frazee that,
Mr. Frazee murdered a beautiful
young woman,
with a bat!

And therefore, he deserves no consideration what-so-ever, as to whether or not a camera should be in the court room. He needs to feel as uncomfortable as possible for the rest of his living days. So does RQ KK. Ma F too, for good measure. IMHO.
 
 
susiQ said:
Thanks for keeping us up to date!

My feelings about the May 27th request:

Mr. Frazee this, Mr. Frazee that,
Mr. Frazee murdered a beautiful
young woman,
with a bat!

And therefore, he deserves no consideration what-so-ever, as to whether or not a camera should be in the court room. He needs to feel as uncomfortable as possible for the rest of his living days. So does RQ KK. Ma F too, for good measure. IMHO.
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As to the cameras in the courtroom, statutorily iirc, they do not have cameras in the courtroom in Colorado during a trial.

Someone, please correct me if I am incorrect. But that was my understanding from other cases that I have followed that are in Colorado.
 
dixiegirl1035 said:
As to the cameras in the courtroom, statutorily iirc, they do not have cameras in the courtroom in Colorado during a trial.

Someone, please correct me if I am incorrect. But that was my understanding from other cases that I have followed that are in Colorado.
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I think they should make an exception for PF (and us) :) Just kidding. I understand rules are rules, but banning tweeting?
 
GordianKnot said:
Sure!

Here's a quickie Cliff's Notes-type summary:

PF objects to cameras showing him in his Steve from Blue's Clues green-striped jumpsuit.

He really, REALLY objects to the cameraman honing in on his pretty pink handcuffs.

PF also doesn't appreciate them zooming in on his doodle pad in the courtroom.

He'd like the judge to order those nasty media people to stay away from him and keep them out of the courtroom. Silence them altogether!

I think that about sums it up...in a real basic way that even PF could probably understand.

JMO.
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Right...
This is the USA. The People have a right to rid their communities of vermin such as PF. The accused has the right to a fair trial, but I don't believe he has the right to a private one. MOO
 
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