Deceased/Not Found CO - Kelsey Berreth, 29, Woodland Park, Teller County, 22 Nov 2018 - #54 *ARREST*

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Timeline - PART 3
(March 1, 2019 - December 2, 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 KB harmed her daughter (like PF claimed). She says these records are post-arrest.
April 17, 2019 - Wednesday
  • Woodland Park Police have concluded their search of the Midway Landfill. They did not find KB’s remains.
May 2, 2019 - Thursday
  • WP City Council Meeting - WP Police were authorized to spend $80,000 on the landfill search for KB’s remains. That money went toward equipment, fuel, food, overtime and more. The appropriation was approved by city council at the meeting.
May 22, 2019 - Wednesday
  • A Teller County judge has barred TV and newspaper cameras from a court hearing scheduled Friday in the PF’s murder case claiming that extraordinary media coverage might impinge on his right to have a fair trial.
  • People v PF: Decorum and EMC orders have been issued for Friday’s arraignment. EMC denied. No cameras in the courtroom and no photography in the courthouse.
  • People v PF: electronic devices including phones, laptops and pdas my be used for note taking, Tweeting, Facebooking, etc., in the courtroom during Friday’s arraignment. No photography, video or audio recording.
May 23, 2019 - Thursday
  • A spokeswoman for the District Attorney's Office said she is barred from addressing the issue of plea negotiations, and the defense has cited a gag order in declining to field questions, making it unclear how PF intends to proceed.
May 24, 2019 - Friday
  • PF - Arraignment - 8:30 am
Inmate #: 2018001543
Booking #: 18-02029
Case #: D602018CR330
  • PF pleaded not guilty to all felony charges at the Teller County courthouse in Cripple Creek, Colorado.
  • Hearing Conservators (2 1/2 hours), which is different than a custody hearing in that it's usually held to appoint someone to represent a child or adult in ongoing legal matters. The courtroom was closed to the media and anyone not associated with the case, and details of that hearing — including the outcome — were not available Friday.
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 14, 2019 - Friday
  • Hearing 9:00 am - Consumptive Testing
  • Judge Sells approved the background testing requested by CBI. Sells says CBI is accredited and finds it is reasonable for them to ask for a DNA swab for defense attorney’s expert to be present during testing.
  • PF attorneys contend mandatory back ground checks and buccal swabs for their DNA expert are too intrusive. Judge Sells disagrees. He says anyone who comes into the lab should be tested to deter contamination. Testing could begin in two weeks.
  • Porter asks the buccal swab for their expert (who hasn’t been identified yet) be destroyed after the testing. Sells says he won’t rule on that today. Porter says they should ID their expert within two weeks. Viehman says they want to start another round of testing soon.
  • Press Conference
  • Item to be tested is a tooth or possible tooth, prosecutor Jennifer Viehman says. She won’t say to whom it may belong.
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)
  • KK appeared by phone
  • KK will testify against PF
  • Looking at Nov. 25 and Dec. 2. Since the plea deal requires KK to testify against PF, preferring Dec. 2. This wouldn’t be a sentencing date. Assuming the trial would be complete, KK would report to probation on that day with sentencing scheduled for 8 weeks after that.
August 23, 2019 - Friday
  • Motions Hearing 9:00 am
September 5, 2019 - Thursday
  • Review with appearance of parties (Custody) - 8:15am
Case #: D602018JV26

October 28, 2019 - Monday
  • PF’s Trial - 8:30am (Trials is expected to take 3 weeks)
Inmate #: 2018001543
Booking #: 18-02029
Case #: D602018CR330

December 2, 2019 - Monday
  • KK Review is scheduled 11 am
Case #: D602019CR17
  • Sentencing date for KK will be set during this hearing


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
PF Twitter Search: #PatrickFrazee hashtag on Twitter
 
Hatfield said:
Thanks Niner. I too have been away from the thread for a bit and have been wondering.

Lets hope they keep to that schedule. It wont be long now if they dont end up getting delays from either Defense or Prosecution.
Click to expand...

ITA. It all depends on the results of the consumptive testing of the tooth fragment. If it is inconclusive as to DNA, then this is a case without a body or a crime scene or a weapon. I think the Defense would want to keep the scheduled trial date so they can destroy the credibility of KL at trial.

If the DNA results are positive for KB, I think that will be all they need to persuade a jury she is deceased. But I seriously doubt they find KL credible because she lied to the FBI and she secured a sweet deal in exchange for immunity.

That scenario concerns me greatly because it could result in a not-guilty verdict which would not represent justice for KB or her beloved child or KB's family. The baby is right where she needs to be.

JMO
 
It is really disappointing that KB's body hasn't been found. Maybe they stopped looking after KK told her story of the body being burned. I was so hoping the search would continue, especially this time of the year. But even if the body wasn't burned, where would they search? I suppose the prosecution is going forward with what they have and that the defense is working just as hard. It sure has been quiet though. I share MyBelle's concerns regarding KK's credibility and the outcome of the verdict. All I hope for is the correct justice for KB. I can only imagine the pain and anger and disappointment her family must feel.

ETA: I agree with all of you about Tippy Lynn's hard work. Thanks Tippy!
 
steeltowngirl said:
Is the prosecution’s decision whether to pursue the death penalty
due next Thursday, July 24? That will be 9 weeks since the arraignment.
Click to expand...
DBM - KK is scheduled for review hearing 7/24 - Wonder if she'll be calling it in while whetting her thirst with a refreshing Sonic Mocktail? :mad:

ETA: Clarified
 
Last edited:
steeltowngirl said:
No worries, it’s so unlikely anyways, being over 50 years since the last one. I am mainly hoping for it to be pursued due to the ramifications on jury selection.
Click to expand...

Absolutely.
That's one of the primary reasons I want DA May to go for it here, too.

Bringing this link forward again for people who may not be aware of what we're talking about re: jury ramifications r/t seeking the death penalty:

Jury Trials in Colorado Criminal Court Cases

SABBM:
The attorneys also have a limited number of challenges that do not have to be for cause. These are called “peremptory challenges.” In a death penalty case, the prosecutor and defense attorney each have 10 peremptory challenges. In all other criminal cases where the defendant may face imprisonment, the attorneys have 5 peremptory challenges. In all other criminal cases, each side has 3 peremptory challenges.
_________________________________

Having those 5 additional peremptory challenges during jury selection could prove invaluable.

There are other reasons for DA May to pursue the death penalty in this case, of course.

But this one in and of itself makes it a worthwhile pursuit.

JMO.
 
Last edited:
GordianKnot said:
Absolutely.
That's one of the primary reasons I want DA May to go for it here, too.

Bringing this link forward again for people who may not be aware of what we're talking about re: jury ramifications r/t seeking the death penalty:

Jury Trials in Colorado Criminal Court Cases

SABBM:
The attorneys also have a limited number of challenges that do not have to be for cause. These are called “peremptory challenges.” In a death penalty case, the prosecutor and defense attorney each have 10 peremptory challenges. In all other criminal cases where the defendant may face imprisonment, the attorneys have 5 peremptory challenges. In all other criminal cases, each side has 3 peremptory challenges.
_________________________________

Having those additional peremptory challenges during jury selection could prove invaluable.

There are other reasons for DA May to pursue the death penalty in this case, of course.

But this one in and of itself makes it a worthwhile pursuit.

JMO.
Click to expand...


I cringe at the thought of all the stealth jurors that can be on this case.
 
dixiegirl1035 said:
I cringe at the thought of all the stealth jurors that can be on this case.
Click to expand...

Jury selection is going to be absolutely critical in this case.

I am not at all worried about the strength of the prosecution's case. The case is iron-clad.

But, as we've all seen in some high-profile cases, if you get a dim-witted and/or flaky jury, the facts won't matter.

When facts don't matter to a jury, Lady Justice is not only blindfolded, she's hog-tied.

DA May has to seat 12 jurors who are sane, rational, and capable of following the trail of evidentiary bread crumbs PF left to its logical conclusion.

That logical conclusion being, of course, a guilty verdict.

JMO.
 
GordianKnot said:
Jury selection is going to be absolutely critical in this case.

I am not at all worried about the strength of the prosecution's case. The case is iron-clad.

But, as we've all seen in some high-profile cases, if you get a dim-witted and/or flaky jury, the facts won't matter.

When facts don't matter to a jury, Lady Justice is not only blindfolded, she's hog-tied.

DA May has to seat 12 jurors who are sane, rational, and capable of following the trail of evidentiary bread crumbs PF left to its logical conclusion.

That logical conclusion being, of course, a guilty verdict.

JMO.
Click to expand...


..or, again, my fear of a strong-willed person who just disagrees with the proving of the case, and strongly believes and knows of the option of jury nullification... and as I said before, a rogue/stealth juror.

This is one case where I really don't think the defense wants the venue changed. That doesn't happen very often, but for some reason, I'm thinking the Frazee family wants it there?
 
girlhasnoname said:
I'm sorry, I'm the one who was confused :oops: KK is scheduled for review hearing then.
Click to expand...

Seattle1 said:
Sam Kraemer‏ @SamKraemerTV
TO CLARIFY: Kenney has to be here in person to testify. Sells says she’s good to appear by phone in her review case. @KOAA #KelseyBerreth #PatrickFrazee #KrystalKenney

10:07 AM - 24 Jun 2019

Sam Kraemer‏ @SamKraemerTV
Again, review scheduled for Dec. 2 at 11 a.m. Kenney is free to call in by phone for her case, but she will need to come to Colorado to testify. @KOAA #KelseyBerreth #PatrickFrazee #KrystalKenney

10:08 AM - 24 Jun 2019 pst
Click to expand...

Niner said:
Next hearing for Frazee is 8/23 then 10/18 and trial starts 10/28.
Hearing for child on 9/5.
KK is back on 12/2.
Click to expand...

KK had a status review hearing (telephone appearance) June 24.

Are you saying that she has another one scheduled for July 24?

I don't see that on docket.... o_O
 
girlhasnoname said:
DBM - KK is scheduled for review hearing 7/24 - Wonder if she'll be calling it in while whetting her thirst with a refreshing Sonic Mocktail?
Click to expand...

There is nothing on the court site with 7/24 date - here's what it has:

Date Len Name Hearing Type Case # Location Division
12/2/19
11:00 AM 1H KENNEY, KRYSTAL Review Hearing D602019CR17 Teller County DIV 11 - TELLER DISTRICT COURT

link: Seventh Judicial District » Docket Search


I believe you misread her post - it says June 24th - that was KK's last hearing.
 
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