Deceased/Not Found CO - Kelsey Berreth, 29, Woodland Park, Teller Co, 22 Nov 2018 #71 *GUILTY*

Sam Kraemer@SamKraemerTV

The "deal with the devil" strikes back... I'm interested to see the explanation as to why
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Rob Quirk@KOAARobQuirk
· 22h
#CallingSlammyKraver @SamKraemerTV #KrystalKenney getting a re-sentencing as ordered by Colorado Appeals Court for her plea deal in providing evidence to convict #PatrickFrazee in murder of ex fiance, #KelsyBerreth. @KOAARobQuirk
3:53 PM · Feb 18, 2021
 
Wouldn't it be lovely if, since they can throw out the sentencing, they could also do away with the plea deal altogether? Charge her up the wazoo, and send her away for life, as she deserves. (I realize that's not going to happen... but, a girl can dream, can't she?)
 
I had left this case alone for a long time. Just needed a break from it honestly. But this has been all over local news here so thought I'd check in. It is still surprising how easily she is getting off on this. This whole crime just makes me shake my head. What a waste of lives. And for what?
So two very unattractive people can get some kicks.
 
Wouldn't it be lovely if, since they can throw out the sentencing, they could also do away with the plea deal altogether? Charge her up the wazoo, and send her away for life, as she deserves. (I realize that's not going to happen... but, a girl can dream, can't she?)
Hold my beer and don’t rule it out as a possibility! IMO federal charges could and would supersede a state decision. MOO
 
https://ewscripps.brightspotcdn.com/50/6a/c2d18a2348ada954313acca450c5/19cr17-lee-plea-agreement.pdf

KK's actual plea agreement linked above cites KK's potential sentence would be:

...sentenced to Colorado DOC in the range 1 year to 18 months, or up to 3 years in the aggravated range, community corrections or probation. The actual sentence will be open to the court. ..

Still waiting on info from the 4th District DA. I'm assuming the problem might be with the definition of "aggravated range." If this is the case, then her sentence likely limited to 18 months.

I also think this decision probably something that can be appealed to a higher court.

Wait and see...

MOO

ETA:

Yes -- KK appealed the Judge's definition of "aggravated" factors.

Colorado court orders new sentencing for Idaho nurse imprisoned in connection with Kelsey Berreth’s murder
WTF
Watching Kelsey burn until she melted into the dirt is not "aggravated"?
Cleaning the crime scene and picking Kelsey's tooth out of a floor vent is not aggravated?
Stalking her with a poisoned coffee, a steel bar, etc is not aggravated?
Taking KBs phone and purse is not aggravated?
Feeding lil K food from her hands fresh from mommy's bloody crime scene is not aggravated?
Telling everyone beforehand except the police is not aggravated?????????????
I'm sorry, what is the definition of aggravated?
W T AF
 
So two questions:
What would count as aggravated to keep her in jail? Part of me hopes they let her out and then throw her back in again.

and...what does "On Time Out" mean for a member here? Is that voluntary or involuntary?
 
Last edited:
Well for now...the B is still in the slammer.
KENNEY, KRYSTAL J
Name: KENNEY, KRYSTAL J
Age: 34
Ethnicity: WHITE
Gender: FEMALE
Hair Color: BLONDE
Eye Color: BLUE
Height: 5' 05"
Weight: 190
DOC Number: 187885
Est. Parole
Eligibility Date: 12/25/2020
Next Parole
Hearing Date: Nov 2021
This offender is scheduled on the Parole Board agenda for the month and year above. Please contact the facility case manager for the exact date.
Est. Mandatory
Release Date: 06/01/2022
Est. Sentence
Discharge Date:
Current Facility
Assignment: DENVER WOMENS CORRECTIONAL FACILITY
 
So two questions:
What would count as aggravated to keep her in jail? Part of me hopes they let her out and then throw her back in again.

and...what does "On Time Out" mean for a member here? Is that voluntary or involuntary?

That's an interesting question concerning "on time out". I think it is involuntary because I miss people who have actually always been active and who have been "on time out" since December 2020.
 
Get over to the Nursys website. Ruling from the Idaho Board of Nursing is finally published. None of it is a surprise but very profound to see them put her conduct in writing. Interesting that she was offered to voluntarily surrender her license but chose not to do that. Documents included. If she would have surrendered the license none of this would have been printed. This was done on emergency measure by the board. (I know, they work slow) They served it up to her! Thank you Idaho Board of Nursing for doing the right thing!!

Thanks for the heads up, woundwarrior. :) Although I'm relieved to see this, I could have done without seeing that plea agreement again! :mad:

The pdf is 35 pages: Nursys®

Thanks for the update!

As long suspected, it appears that the Board could not act until KK was formerly convicted/sentenced which occurred on January 28, 2020.

By letter dated Feb 19, 2020, the Idaho Board of Nursing advised KK they were aware of her criminal conviction on 1/28/20 and her plea on 2/8/19.

I was surprised to also read KK self-reported her alleged violation of the Nursing Practice Act and the Board of Nursing -- but did not voluntarily surrender her license when given the opportunity to do so, causing the nursing license board to file a formal Administrative Complaint, and act on a final decision - ordering KK license suspended. Order signed August 8, 2020.

Nursys®

There seems to be much chatter that KK will be getting her Idaho nurses license back so I think it's important to clarify that KK's 6th-degree felony conviction was not vacated.

It was only KK's punishment/sentence that was thrown out, and a request KK be resentenced without the application of "aggravating factors" when determining her sentence for tampering with physical evidence/destroy -- felony 6 (i.e., parole to 18 months only).

The Idaho Board of Nursing found grounds for immediate suspension of KK's license to protect the public.

upload_2021-2-20_0-51-33.png

See referenced quoted posts above.
 
WTF
Watching Kelsey burn until she melted into the dirt is not "aggravated"?
Cleaning the crime scene and picking Kelsey's tooth out of a floor vent is not aggravated?
Stalking her with a poisoned coffee, a steel bar, etc is not aggravated?
Taking KBs phone and purse is not aggravated?
Feeding lil K food from her hands fresh from mommy's bloody crime scene is not aggravated?
Telling everyone beforehand except the police is not aggravated?????????????
I'm sorry, what is the definition of aggravated?
W T AF

While all the depravity cited above are true, take note KK's plea agreement excluded all except for tampering with physical evidence (i.e., destroying KB's cell phone) -- a Class 6 felony. In the Colorado criminal justice system, Class 6 felonies are the least serious category of felony offenses.

Again -- this was a deal with the devil.
 
So two questions:
What would count as aggravated to keep her in jail? Part of me hopes they let her out and then throw her back in again.
^^rsbbm

There was some discussion in prior threads about aggravating factors to enhance KK's Tampering with Physical Evidence charge (Class 6-felony) to include a punishment term of 3 years rather than the applicable 18-month maximum sentence, and two factors were identified in the statute: the defendant has a prior criminal record, and/or committing another felony while on probation for or on bond while awaiting sentencing following revocation of probation.

More important, nothing in the code precludes the court from considering aggravating factors other than those stated above.

Reportedly, Judge Sells seized on KK's admission that she “knew Frazee had committed a homicide” in imposing the aggravated sentence.

Unfortunately, the appeals court found that part of KK's statement wasn’t “essential” to her guilty plea to evidence tampering and couldn’t be lawfully used as grounds for aggravation.

In response to the appellate decision, the 4th District DA provided they'd be responding directly to the Colorado Attorney General.

IMO, there's probably only 50/50 chance the DA will seek to reinstate the 3-year term because, in Colorado, there's no truth in sentencing. I recall DA Dan May stating that some defendants serve 25% of their sentence and that the day KK walked into DOC, her sentence would be marked down to 1.5 years.

MOO

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

GUILTY - CO - Kelsey Berreth, 29, Woodland Park, Teller County, 22 Nov 2018 - *Arrest* #70
 
While all the depravity cited above are true, take note KK's plea agreement excluded all except for tampering with physical evidence (i.e., destroying KB's cell phone) -- a Class 6 felony. In the Colorado criminal justice system, Class 6 felonies are the least serious category of felony offenses.

Again -- this was a deal with the devil.
Indeed!
 
Would it be legal for a group of us to pay for print ads to be published wherever KK ends up living? Ads that detail who she is and what she did that could be published on some sort of schedule. Wouldn’t be libelous or slanderous if the ads spell out what was proven in court, to what she herself testified.

One of the most heinous parts of this—in a SLEW of her heinous and egregious acts—is that she knew Kelsey was in danger and DID NOT TELL.

KK could have prevented Kelsey’s murder, and SHE SAID NOTHING.

I want her to see ongoing ads in newspapers and online (something, anything) and know people have not forgotten what a poor excuse she is for a human being.

Because I’m not sure she’s going to slink off and go away like she ought to.
 
While all the depravity cited above are true, take note KK's plea agreement excluded all except for tampering with physical evidence (i.e., destroying KB's cell phone) -- a Class 6 felony. In the Colorado criminal justice system, Class 6 felonies are the least serious category of felony offenses.

Again -- this was a deal with the devil.
Hope she has too constantly watch her back never knowing when her bill will be due. Since she's not grateful for the pathetically short sentence she was given. May it haunt all her days, may she never know a moment peace,may every single knock on her door,every single leaf she hears crunching outside her window make her jump out of her skin. May she never be allowed to forget what she did to Kelsey.
 
https://ewscripps.brightspotcdn.com/50/6a/c2d18a2348ada954313acca450c5/19cr17-lee-plea-agreement.pdf

I disagree that the State of Colorado removed the stipulation for aggravating factors to enhance MT's penalty at sentencing. Seems to me the appellate court disagreed with what the Judge deemed as aggravation.

MOO

Yes, the stipulation was in the original plea agreement and was removed.
“The objection filed by Nielsen in December of 2019 states: "The language that the District Attorney attempted to insert into the plea paperwork - “[t]he Defendant further stipulates to the existence of extraordinary aggravating circumstances that would allow the court to sentence in the aggravated range” - was specifically and intentionally removed from the final paperwork as it was not part of the operative December 20, 2018 agreement."
https://www.koaa.com/news/covering-colorado/krystal-kenneys-three-year-sentence-thrown-out
 
Yes, the stipulation was in the original plea agreement and was removed.
“The objection filed by Nielsen in December of 2019 states: "The language that the District Attorney attempted to insert into the plea paperwork - “[t]he Defendant further stipulates to the existence of extraordinary aggravating circumstances that would allow the court to sentence in the aggravated range” - was specifically and intentionally removed from the final paperwork as it was not part of the operative December 20, 2018 agreement."
https://www.koaa.com/news/covering-colorado/krystal-kenneys-three-year-sentence-thrown-out

Thank you @legalmomma. I stand corrected.

90

Paul Sexton
Court documents show Kenney's defense filed this objection to the aggravated sentencing range in December of 2019.



https://ewscripps.brightspotcdn.com...16-lee-pleadings-objection-to-aggravation.pdf
 

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