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

[Love Never Fails]

Guess some of my questions have been answered. Thanks everyone!

State has a motion to propose an alternate suspect? No surprise there. I suspected the defense would bring up that theory. I mean, she is living in broad daylight.

Actually, I have no clue what will happen in this case, that is why it will be such a good case to pay attention to. So many questions remain unanswered.

Like Chili, I would hate to see PF walk because the jury sees that KKL was given such a sweet deal when she is guilty of so much. Just being a juror on this case will likely be agonizing. The murder of a sweet young mother, the prosecution of her fiancée, and knowing there is this woman who had no problems at all in the planning and cleanup of the murder and she gets what? Probation or a few months? My greatest hope is that if PF is found guilty, the DA will have found evidence to bring charges against his accomplice and make her deal null and void.

I wonder if the defense request for CO rules of evidence have to do with the phone pings, or not getting a warrant to search PFs truck? I wonder whose statements the defense want to suppress?

Sure wish it would be televised. A trial by tweets will have everyone clarifying everyone else’s statements.

 

[Love Never Fails]

Carol McKinley on Twitter
Because the upcoming #PatrickFrazee trial has had so much publicity & it will be hard to find a jury who can sit for 4 weeks, the @4thJudicialDA wants to start with 250 jurors with 4 alternates. Trial is still on schedule to start 10/28/19. #kelseyberreth
7:28 PM - 19 Aug 2019

Carol McKinley on Twitter
So far, the defense hasn't requested a change of venue for the trial, so look for it to be held in the century-old Teller County Courthouse.
7:29 PM - 19 Aug 2019

Just thinking that a jury having to sit through this trial around Thanksgiving and maybe Chrismas would cause many jurors to be eliminated due to travel plans and such. Just seems like the trial may not start until January.

 

[PommyMommy]

Jury may not hear some statements Patrick Frazee made following his arrest

From the article:

[...]

On Dec. 26, 2018, a DHS worker went to visit Frazee at 3 p.m but was unable to meet with him, according to the court document.

She returned at 7 p.m. that evening without speaking with Frazee's attorney and met with Frazee to have him sign a form, the document says.

At some point during that meeting, the worker conducted a conversation, which defense attorneys said amounted to a "custodial interrogation." They argued that Frazee should have been advised of his right to remain silent, as required by law.

They also argued that Frazee's statements were "involuntary" and therefore were not admissible under current law.

[...]

 

[PommyMommy]

AUG 20, 2019
New documents released in Patrick Frazee case
[...]

Among those documents, prosecutors filed a motion to require the defense to endorse an alternate suspect defense "if he intends to present such evidence at trial."

It's yet not clear what type of defense attorneys representing Frazee will attempt to use in his trial, and the defense has not specifically named an alternate suspect at this time.

[...]

Prosecutors also want a jury pool of 250 people to chose from, citing the publicity of the trial as a potential reason why it may be difficult to seat a jury. The defense requested a jury pool of 300 people, citing similar concerns. Both prosecutors and the defense agreed to having four alternate jurors to the 12-seat jury.

The defense also asked for a total of 80 to 90 people for the final stage of jury selection to seat the 12-seat jury, while the prosecution proposed between 70 and 80 potential jurors. The defense proposed 80 to 90, citing the need to have enough potential jurors when both sides can begin to exercise peremptory challenges. A peremptory challenge allows attorneys on the defense and prosecution to dismiss a potential juror without providing a reason. Under the defense's proposal, it would allow the prosecution and the defense to pick 14 people who can be removed from the jury pool to seat the jury and the alternates.

[...]

Frazee's trial is currently scheduled to begin on Oct. 28. His motions hearing is expected to last for much of the day on Friday. News5 will have complete coverage on koaa.com and on News5's Facebook and Twitter pages.

 

[LavenderLotus]

I commented on the wrong thread & can’t figure out how to delete it. Sorry bout that.

 

[Sabrina1011]

I just looked up Krystal's Idaho license and it is renewed (this month) and unencumbered until August 2021. Interesting....

 

[Love Never Fails]

I just looked up Krystal's Idaho license and it is renewed (this month) and unencumbered until August 2021. Interesting....

Maybe that’s part of the deal she got. I will say this...she has a good attorney.

 

[PommyMommy]

Just thinking that a jury having to sit through this trial around Thanksgiving and maybe Chrismas would cause many jurors to be eliminated due to travel plans and such. Just seems like the trial may not start until January.

Quite possible. And even so, it would still be faster than in most jurisdictions. MOO

 

[MassGuy]

I just looked up Krystal's Idaho license and it is renewed (this month) and unencumbered until August 2021. Interesting....

I’m not worried about it.

She’ll be sentenced soon enough, and I highly doubt someone has hired her in a nursing capacity.

That’s bad for business, and it would have probably leaked if that was the case.

 

[Love Never Fails]

Quite possible. And even so, it would still be faster than in most jurisdictions. MOO

Absolutely. Most go so much longer. I remember so many going on and on. Jodi Arias for example. That one was a nightmare. This one will likely go much faster.

 

[MassGuy]

I’m super curious about what PF said to this DHS worker.

The defense is trying to suppress it for a reason, and if we know anything about PF, it’s that he doesn’t tend to help himself when he opens his mouth.

His lies are going to be a huge part of the case against him.

 

[Love Never Fails]

The DHS worker did not help this case by getting any statements from PF. She made it that much harder for the DA.

 

[MassGuy]

The DHS worker did not help this case by getting any statements from PF. She made it that much harder for the DA.

Not necessarily.

The prosecution may have gotten something that they wouldn’t have otherwise had.

He had lawyered up, and wasn’t about to speak to them willingly.

So if it is excluded from trial, it’s not a huge deal, as its evidence that wouldn’t have otherwise existed.

I hope it isn’t excluded though, as you can never have too much evidence.

 

[Love Never Fails]

Not necessarily.

The prosecution may have gotten something that they wouldn’t have otherwise had.

He had lawyered up, and wasn’t about to speak to them willingly.

So if it is excluded from trial, it’s not a huge deal, as its evidence that wouldn’t have otherwise existed.

I hope it isn’t excluded though, as you can never have too much evidence.

But isn’t it true that the DA can’t use the information since it was obtained illegally? What I am asking is, won’t the judge have to exclude this information so that a jury never hears it? That was my concern.

 

[MassGuy]

But isn’t it true that the DA can’t use the information since it was obtained illegally? What I am asking is, won’t the judge have to exclude this information so that a jury never hears it? That was my concern.

That’s what the defense is trying to do, and they could very well be successful at that.

The jury may never hear this information.

My point is that this evidence only existed because this DHS worker did something that they probably shouldn’t have done.

So it’s not like the prosecution has lost evidence that they should have had in the first place.

Had the worker contacted the defense first, PF wouldn’t have been allowed to incriminate himself. His attorneys would ensure that.

 

[Love Never Fails]

Another thing regarding his lies. He was very wise to listen to his lawyer and not speak at all. So I’m not sure how many lies have been told and are on record.

 

[Love Never Fails]

That’s what the defense is trying to do, and they could very well be successful at that.

The jury may never hear this information.

My point is that this evidence only existed because this DHS worker did something that they probably shouldn’t have done.

So it’s not like the prosecution has lost evidence that they should have had in the first place.

Had the worker contacted the defense first, PF wouldn’t have been allowed to incriminate himself. His attorneys would ensure that.

Ok I get it. Thanks.

 

[MassGuy]

Another thing regarding his lies. He was very wise to listen to his lawyer and not speak at all. So I’m not sure how many lies have been told and are on record.

We know he lied to law enforcement, and that is likely recorded.

His biggest lie was when he last saw Kelsey, and that opened the door to search warrants.

His lies to Doss and Kelsey’s mother will be hard to refute on his end.

But yes, his attorneys saved him from further incrimination.

 

[Love Never Fails]

We know he lied to law enforcement, and that is likely recorded.

His biggest lie was when he last saw Kelsey, and that opened the door to search warrants.

His lies to Doss and Kelsey’s mother will be hard to refute on his end.

But yes, his attorneys saved him from further incrimination.

I think those lies are where my questions come from. I’m so anxious to hear testimony from both sides. I’m still unsure about the phone pings and who really had KBs phone and sent those texts and whether KKL was really in Idaho and if LE really checked her story out thoroughly or just bought her story. I’m not implying anything here. I just have questions. Like a new juror. I want to be convinced because the star witness is a liar who is also a conspirator who could possibly have pulled this off herself. But...she isn’t on trial. He is.

 

[Seattle1]

But isn’t it true that the DA can’t use the information since it was obtained illegally? What I am asking is, won’t the judge have to exclude this information so that a jury never hears it? That was my concern.

I don't believe it was exactly evidence obtained illegally. In their motion, defense admits PF's interaction with DHS worker was "conversational." I think they just don't want party on the DA's witness list.

The interaction could have been as casual as PF telling social worker that he wanted to be released soon as his mom needed him home as she could not care for his daughter on her own. That wouldn't sit very well for a woman that wants custody of KB/PF's daughter. Not to mention that PF's motive to murder KB was to take full custody of baby daughter! MOO