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

[Beagle]

I think it is a wiser way to go considering there is no body, better a guilty verdict than no result, besides being stuck in jail for a long long time probably in isolation due to the nature of the crime, would be quite a blow to his ego and would put him in hell with other inmates.

 

[MassGuy]

We’ve discussed this quite a bit, but for everyone disappointed in the fact that there won’t be the death penalty here, this doesn’t change anything.

Colorado doesn’t execute inmates, and that’s even if the jury would have ultimately voted for death.

Patrick Frazee would not have been put to death no matter what.

 

[Hatch]

I agree with @MassGuy - unfortunately, this was predictable.

Heartbreaking, but predictable.

I know that I probably shouldn't be giving kudos to those lawyers for coming forward about KK (KK's friend worked for the lawyers) possibly being involved or knowing what happened to Kelsey, but I truly think PF would have gotten away with it, if they hadn't spoken up. So would KK, life would have gone on for the rodeo king and queen like usual.

Agree - there is a possibility KK would have walked away unscathed ! I have a feeling as big of a Chicken S as PF is , he would of brought her name up.

 

[Owutatangledweb]

We’ve discussed this quite a bit, but for everyone disappointed in the fact that there won’t be the death penalty here, this doesn’t change anything.

Colorado doesn’t execute inmates, and that’s even if the jury would have ultimately voted for death.

Patrick Frazee would not have been put to death no matter what.

Doesn't make it any easier to swallow. He killed her in a manipulative and most heinous way. .... in the presence of their child.

 

[Nerissa]

I think it is a wiser way to go considering there is no body, better a guilty verdict than no result, besides being stuck in jail for a long long time probably in isolation due to the nature of the crime, would be quite a blow to his ego and would put him in hell with other inmates.

Yeah - this is my thinking too
I'm actually not much of a death penalty advocate - but...cases like this: yep. lol
At least, I'd like them to go for it, even if they don't get it - it's the moral of the thing, not the result per se.
But yeah: better just nail his arse versus any chance of him walking.....

 

[steeltowngirl]

Doesn't make it any easier to swallow. He killed her in a manipulative and most heinous way. .... in the presence of their child.

Yeah, I’m disappointed. But they have him behind bars and he’s not going anywhere. They know what he did. And it’s coming.
Sweet Justice.
Ohhhhhhhh, justice will come, PF. Justice will most definitely come.

 

[Kapua]

I’m not surprised.

A no body prosecution is one thing, but a capital case without a body is another thing entirely.

It’s not like this guy would have ever been put to death anyways.

I just wanted it for leverage, not that it provides much in Colorado to begin with.

I am mostly content that he will potentially spend the rest of his life incarcerated where he cannot harm another human being.

Justice for Kelsey.

MOO

 

[MassGuy]

True Crime live has an expert discussing why no death penalty here:

It’s a political issue, as the DA is elected.

Some communities don’t like the death penalty anymore, as violent crime continues to plummet to historic lows.

No body, makes it more difficult to prove the heinousness of the murder.

Basically, it’s a lost cause.

 

[Dave F.]

Actually, prosecutor Dan May is not running for the office in 2020 due to term limits. There are two men who have declared their candidacy so far, and neither has been associated with this case at all.
Mark Waller to run for district attorney for Colorado's El Paso, Teller counties

 

[Love Never Fails]

Actually, prosecutor Dan May is not running for the office in 2020 due to term limits. There are two men who have declared their candidacy so far, and neither has been associated with this case at all.
Mark Waller to run for district attorney for Colorado's El Paso, Teller counties

Dan May and the prosecutors office might just realize their star witness won’t be that credible. They would need the body to prove whether it had been burned. They might just be aiming for a deal with the defense. PF has nothing to lose by fighting this. All he needs is one juror. JMO.

Just wanted to add that if PF were to walk, KKL couldn’t run far enough or fast enough. Again, JMO.

 

[ajaylee]

I think it's a wise decision not to seek the death penalty, particularly with no body.

We all know - all it takes is one juror.

I think a juror who is on the fence about PF's guilt is more likely to vote 'innocent' if the death penalty is involved, because if somehow years from now PF was discovered to be innocent, we will have executed an innocent man. I think jurors are more likely to be on the fence in a case where there's no body.

 

[MassGuy]

I think it's a wise decision not to seek the death penalty, particularly with no body.

We all know - all it takes is one juror.

I think a juror who is on the fence about PF's guilt is more likely to vote 'innocent' if the death penalty is involved, because if somehow years from now PF was discovered to be innocent, we will have executed an innocent man. I think jurors are more likely to be on the fence in a case where there's no body.

That’s really not a concern though.

There’s the trial, then there’s the penalty phase.

If a juror didn’t feel comfortable about handing down the death penalty, they could vote against it then.

Both are required to be unanimous.

If a lone juror holds out on the death penalty, it’s an automatic life sentence in Colorado.

Regardless, I never expected the prosecution to go for the death penalty in a million years.

And it has nothing to do with how strong the case is.

 

[Sabrina1011]

The prosecutors talk to the family about what they want. So, if the prosecutors aren't seeking the DP it seems to reason that the family did not want it ...perhaps.

 

[Kapua]

I think it's a wise decision not to seek the death penalty, particularly with no body.

We all know - all it takes is one juror.

I think a juror who is on the fence about PF's guilt is more likely to vote 'innocent' if the death penalty is involved, because if somehow years from now PF was discovered to be innocent, we will have executed an innocent man. I think jurors are more likely to be on the fence in a case where there's no body.

All it takes is ONE juror to cause a MISTRIAL. It takes TWELVE jurors to acquit.

 

[MassGuy]

All it takes is ONE juror to cause a MISTRIAL. It takes TWELVE jurors to acquit.

Exactly. Worst case scenario, we do this all again.

Twelve people with brains, are not going to ignore all that evidence.

I hope

 

[Dave F.]

Dan May has only asked for the DP once in his terms as 4th District Prosecutor, in 2015. The preparations for trial in Colorado Springs required $50,000 in improvements to courtroom audio and video technology, and a remodeled jury box to accommodate an expanded panel of six alternate jurors. Notices were sent to 2,800 prospective jurors, and the trial lasted six weeks.
Colorado Jury Returns Life… | Death Penalty Information Center

 

[Kapua]

Exactly. Worst case scenario, we do this all again.

Twelve people with brains, are not going to ignore all that evidence.

I hope

No way, Jose. MOO

 

[Love Never Fails]

All it takes is ONE juror to cause a MISTRIAL. It takes TWELVE jurors to acquit.

I can’t see this as a trial having twelve jurors voting to acquit. I can see having one juror causing a mistrial. If that’s the case, no telling where the prosecution and defense would go from there. Time and money to retry a case. We haven’t seen the evidence yet. It will be interesting.

 

[Love Never Fails]

Dan May has only asked for the DP once in his terms as 4th District Prosecutor, in 2015. The preparations for trial in Colorado Springs required $50,000 in improvements to courtroom audio and video technology, and a remodeled jury box to accommodate an expanded panel of six alternate jurors. Notices were sent to 2,800 prospective jurors, and the trial lasted six weeks.
Colorado Jury Returns Life… | Death Penalty Information Center

I can understand his decision on this. It might be different if he had a body. Asking for a DP verdict takes things to a whole new level.

With Chris Watts, I think it may have given the DA some leverage so he was able to secure a confession. But the family didn’t ask for the DP in that case anyway. Jurors are able to find someone guilty and yet, may not be able to ask for a DP verdict. Think of the Casey Anthony case. Jurors there were all DP qualified.

 

[MyBelle]

I can understand his decision on this. It might be different if he had a body. Asking for a DP verdict takes things to a whole new level.

With Chris Watts, I think it may have given the DA some leverage so he was able to secure a confession. But the family didn’t ask for the DP in that case anyway. Jurors are able to find someone guilty and yet, may not be able to ask for a DP verdict. Think of the Casey Anthony case. Jurors there were all DP qualified.

The jury in the Anthony case reached a unanimous verdict on the most serious charges and she's been walking free for decades. I do hope that doesn't happen in this case.

JMO