GUILTY CO - Kelsey Berreth, 29, Woodland Park, Teller County, 22 Nov 2018 - *Arrest* #70

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DEC 6, 2019
Anthropologist shares experience in search of Kelsey Berreth
For more than three decades, a team of Colorado scientists have worked to help homicide detectives find secret graves. NecroSearch International has been part of some of the most high-profile murder mysteries in Colorado, including the recent adjudicated case of Kelsey Berreth.

[…]

That better way brings together experts from more than a dozen disciplines to determine the best ways to excavate in the search for bodies. Part of the work involves the witness stand. Recently, France testified against now-convicted murderer Patrick Frazee.

[…]

“We were contacted very early on,” France said.

In February 2019, NecroSearch International guided the grueling task of searching the Midway Landfill in Fountain in an attempt to locate human remains.

[…]

There are thousands and thousands of bones in a landfill, according to France. Most of the bones are not human. They are from human consumption of things like chicken and other animals. Determining human versus non-human is where France’s experience was needed.

At Woodland Park police headquarters, France examined bones brought in from the landfill.

“All of the bones that I saw there, and all the tissue that I saw there, was non-human,” she said.

[…]

While France works for free, the heavy equipment used and time needed to search proved to be too much.

“As I understand it, they ran out of money and just couldn’t search for her anymore there,” France said.

[…]
My last hope in this horrible crime would be finding Kelsey's remains and returning them to the Berreth family. I can't imagine how much heartache they endure knowing she is out there somewhere. :(
 
It seems so strange to not be posting in Kelsey's thread as much anymore. I almost feel like I am abandoning her. Strange, I know.

I miss posting with all of you as well. Great group of wonderful folks. Reminds me a lot of the wonderful posters in the Lucas Hernandez case.
 
Together with many of you, I am holding onto hope that Ma F can still be charged. Based on this question raised by Dan May from way back at the preliminary hearing, it seems he saw legal ground for a conspiracy charge. (Repost of Sam’s tweet below, portion BBM)

Sam Kraemer
@SamKraemerTV

May asks if Sheila witnessing Frazee burning the black tote would equate her conspiring in the crime.

@KOAA
#KelseyBerreth #PatrickFrazee #KrystalKenney
2:08 PM · Feb 19, 2019·Twitter for iPhone
 
So I was off work today and watching Court TV while decorating for Xmas...sounds weird right? LOL.
Anyway, they were talking to a juror from one of the Sievers trials and he was discussing how they arrived at certain verdicts. And he said something about if a person knows and helps but does nothing to stop the crime it is conspiracy. I'm not sure what the laws are for Florida but it sounded like that was grounds for conspiracy there. I may have misunderstood him as it was hard for me to understand him, but all I could think of was...as usual...the 10 bajillion people who knew or watched or heard talk of all of this i regard to Kelsey...and did zero. I'm aware it's not illegal to be aware of a crime and do nothing...but it's still morally reprehensible to me.
 
If not conspiring to the crime I would think that maybe accessory after the fact or at least hindering the investigation. She didn't disclose any unusual behaviour on his part or seeing the fire burning the tote.
 
So I was off work today and watching Court TV while decorating for Xmas...sounds weird right? LOL.
Anyway, they were talking to a juror from one of the Sievers trials and he was discussing how they arrived at certain verdicts. And he said something about if a person knows and helps but does nothing to stop the crime it is conspiracy. I'm not sure what the laws are for Florida but it sounded like that was grounds for conspiracy there. I may have misunderstood him as it was hard for me to understand him, but all I could think of was...as usual...the 10 bajillion people who knew or watched or heard talk of all of this i regard to Kelsey...and did zero. I'm aware it's not illegal to be aware of a crime and do nothing...but it's still morally reprehensible to me.

Knowing and helping would be accessory, but not necessarily conspiracy. There are specific steps to come to the legal definition of conspiracy, period, per the federal rules of evidence. Just by definition you have to not only know, but partake in the planning with at least one other person, and one of the involved people has to take an affirmative step in the direction of the plan.

For example:

Scenario A: X and Y want to rob a bank. They talk about it in front of Z, who is making dinner in the kitchen and says or does nothing. They later rob the bank. Z is NOT a co-conspirator.

Scenario B: X and Y want to rob a bank. They talk about it in front of Z, who loans them his car, knowing what their plan is, but does not go with them or otherwise help. Z likely IS a co-conspirator.
 
Knowing and helping would be accessory, but not necessarily conspiracy. There are specific steps to come to the legal definition of conspiracy, period, per the federal rules of evidence. Just by definition you have to not only know, but partake in the planning with at least one other person, and one of the involved people has to take an affirmative step in the direction of the plan.

For example:

Scenario A: X and Y want to rob a bank. They talk about it in front of Z, who is making dinner in the kitchen and says or does nothing. They later rob the bank. Z is NOT a co-conspirator.

Scenario B: X and Y want to rob a bank. They talk about it in front of Z, who loans them his car, knowing what their plan is, but does not go with them or otherwise help. Z likely IS a co-conspirator.
How about this scenario:

PF draws up a hit list on paper towels and receipts and enters into a contract with B, wherein PF gets SF1 to post bond for B so he can carry out the kidnap/murders of several witnesses. SF obligingly gets the cash, delivers it to B's gf who promptly posts bond.

Is SF1 guilty of conspiracy to commit kidnap/murder of witnesses?
 
How about this scenario:

PF draws up a hit list on paper towels and receipts and enters into a contract with B, wherein PF gets SF1 to post bond for B so he can carry out the kidnap/murders of several witnesses. SF obligingly gets the cash, delivers it to B's gf who promptly posts bond.

Is SF1 guilty of conspiracy to commit kidnap/murder of witnesses?

Interesting question.
 
How about this scenario:

PF draws up a hit list on paper towels and receipts and enters into a contract with B, wherein PF gets SF1 to post bond for B so he can carry out the kidnap/murders of several witnesses. SF obligingly gets the cash, delivers it to B's gf who promptly posts bond.

Is SF1 guilty of conspiracy to commit kidnap/murder of witnesses?

I find myself thinking over and over of situations to charge SF in the horrific murder of KB.

I've come to the conclusion that the inmate witness would have to say that he intended to leave jail and carry out the murders for PF, and with knowledge of the plan, SF facilitated getting the inmate out of jail.

Since we know by his testimony that the inmate never had any intention of obliging PF, I don't see the prosecutor taking action without a hitman.

As his defense, PF's could say he solicited the inmate but he turned me down. He'd claim the inmate was a nice guy to him in jail so he gifted him money to get out of jail. Nobody is going to charge PF for solicitation again, and no charges for SF.

Believe me -- I'm not going to give up hope!
 
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