CO CO - Kelsey Berreth, 29, Woodland Park, Media, Maps and Timelines *NO DISCUSSION* #2

Discussion in 'Missing! Media, Maps, Timelines *NO DISCUSSION*' started by PommyMommy, Dec 12, 2018.

  1. Seattle1

    Seattle1 #LiveLikeLizzy&Gabby

    Messages:
    23,866
    Likes Received:
    259,798
    Trophy Points:
    113
    Colorado court orders new sentencing for Idaho nurse imprisoned in connection with Kelsey Berreth’s murder

    Feb 18, 2021

    A Colorado appeals court on Thursday ordered a new sentencing for an Idaho woman imprisoned in connection with the murder of Kelsey Berreth, who was killed by her fiancé in her Woodland Park condo on Thanksgiving Day in 2018.

    Krystal Lee Kenney, 34, took a plea deal after being accused of plotting to kill Berreth and of cleaning up the murder scene. She pleaded guilty to tampering with physical evidence and admitted that she drove Berreth’s cell phone from Colorado to Idaho and disposed of it at Patrick Frazee’s request.

    [..]

    Kenney lost a bid for parole last year, and her attorney has argued that her sentence was too long. A three-judge panel of the Colorado Court of Appeals agreed, ordering the case to be returned to 4th Judicial District Court Judge Scott Sells for resentencing. Appeals Judge Neeti Pawar wrote the opinion. Judges David Richman and Lino Lipinsky concurred.

    “She’s serving an unconstitutional sentence,” her attorney, Dru Nielsen, told The Colorado Sun. “The judge did not have the ability to sentence her up to three years. There is no basis for aggravation.”

    Kenney’s original sentence has been nullified because, according to Thursday’s appeals court ruling, “the district court erroneously sentenced her outside the maximum term.” Kenney is being held at the Denver Women’s Correctional Facility.

    [..]

    Kenney, a former nurse, received the maximum sentence of three years in prison on Jan. 27, 2020, followed by one year of mandatory parole. So far she has served 13 months of that three-year term. The maximum, without the aggravating factors, is now 18 months.

    [..]

    But Sells told Kenney that what she did was “… cold, calculating and cruel.” Sells added: “Simply saying I’m sorry is not enough. You made an ongoing, multi-day effort to tamper with evidence that spanned hours and hours and hundreds of miles.”

    Nielsen said that statement constituted aggravating factors for Sells when he sentenced her client. “There is no basis for aggravation,” Nielsen said.
     
    Last edited: Feb 18, 2021


  2. Seattle1

    Seattle1 #LiveLikeLizzy&Gabby

    Messages:
    23,866
    Likes Received:
    259,798
    Trophy Points:
    113
    https://www.courts.state.co.us/Cour..._Announcements/Files/2021/48937602-18-21 .pdf

    Feb 18, 2021 -- Court of Appeals, pg. 14/25

    Court of Appeals No. 20CA0237
    Teller County District Court No. 19CR17
    Honorable Scott A. Sells, Judge

    The People of the State of Colorado,

    Plaintiff-Appellee, v.

    Krystal Jean Kenney,

    Defendant-Appellant.

    SENTENCE VACATED AND CASE REMANDED WITH DIRECTIONS

    Division VI
    Opinion by JUDGE PAWAR
    Richman and Lipinsky, JJ., concur

    NOT PUBLISHED PURSUANT TO C.A.R. 35(e)
     
    Beagle and PommyMommy like this.
  3. Seattle1

    Seattle1 #LiveLikeLizzy&Gabby

    Messages:
    23,866
    Likes Received:
    259,798
    Trophy Points:
    113
    CO Appeals Court overturns 3-year sentence for former nurse who helped Patrick Frazee after Kelsey Berreth murder

    Feb 18, 2021

    Krystal Jean Kenney, the former nurse who helped Teller County rancher Patrick Frazee clean up blood after the murder of his fiance Kelsey Berreth, appears on course for an early prison release after the Colorado Court of Appeals on Wednesday overturned her three-year sentence.

    Ruling that Teller County District Judge Scott Sells erred in sentencing Kenney, 34, in the aggravated range for evidence tampering, a three-judge panel vacated the sentence and ordered Sells to resentence her in the normal range of 1 to 1½ years in prison.

    The ruling is likely to set her up for release on parole, said her attorney Dru Nielsen of Denver, who cheered the court’s finding and praised Kenney as an “exemplary inmate.”

    [..]

    “She’s been in for 13 months. So, yes, with her good and earned time … she should be eligible for release immediately.”

    A resentencing hearing has yet to be scheduled, court records show, and Kenney remains incarcerated at the Denver Women’s Correctional Facility.

    [..]

    She faces a mandatory one-year parole under terms of her plea bargain.

    The 12-page ruling was written by Judge Neeti V. Pawar with Judges David J. Richman and Lino S. Lipinsky de Orlov concurring, according to a copy of the order.

    The panel found that Kenney, a former Idaho nurse also known as Krystal Lee, did not admit aggravating factors meriting an aggravated sentence as part of her February 2019 plea deal, according to the ruling. Nor did she formally consent to “judicial factfinding” necessary for the judge to impose an aggravated sentence of his own accord.

    For those reasons, Sells’ penalty violated Kenney’s constitutional rights under Blakely v. Washington, a 2004 Supreme Court decision, the panel found.

    [..]

    Sells seized on Kenney’s admission that she “knew Frazee had committed a homicide” in imposing the aggravated sentence. However, the appeals court found that part of her statement wasn’t “essential” to her guilty plea to evidence tampering and couldn’t be lawfully used as grounds for aggravation.
     
    Last edited: Feb 18, 2021
    cocomod, Beagle and PommyMommy like this.
  4. PommyMommy

    PommyMommy #ShinelikeShanann

    Messages:
    35,846
    Likes Received:
    342,071
    Trophy Points:
    113
    FEB 18, 2021
    "A slap in the face:" Accomplice in Kelsey Berreth's murder has three-year prison sentence thrown out (koaa.com)
    [...]

    News5 spoke with Kenney's attorney, Dru Nielsen, who explained how this decision was reached by the Colorado Court of Appeals. "Prior to the sentencing, I filed an extensive briefing explaining why the range that the judge could sentence her to was one to one and a half years, which is what Krystal had agreed to and negotiated with Dan May. The judge didn't agree with me at that time, but now the Court of Appeals has fully reviewed that decision and has agreed with Krystal," said Nielsen on Thursday afternoon.

    [...]

    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."

    Also in that document, Nielsen writes that Kenney never waived her Blakely rights. Nielsen stated the maximum sentence the court could impose in this case was 18 months. "The Court of Appeals agreed with the argument that we made at sentencing. I think it was the right decision, and I'm very happy for Krystal that she's going to be resentenced, because she's currently serving an unconstitutional sentence," said Nielsen.

    [...]

    News5 reached out to one of Berreth's uncles to see if her family had a statement on Kenney's sentencing being vacated.

    This is the first I am hearing of it. I can say that I am disgusted and feel this is a slap in the face to our family and the memory of Kelsey.

    [...]

    The 4th Judicial District told News5 they are reviewing the ruling. They plan to have an update for the public on Friday.

    **********

    CLICK HERE to read the full objection to the aggravated range sentencing that was filed by Kenney's defense team, a little more than a month before her sentencing in January of 2020.

    CLICK HERE to read the full decision by the Colorado Court of Appeals.
     
  5. PommyMommy

    PommyMommy #ShinelikeShanann

    Messages:
    35,846
    Likes Received:
    342,071
    Trophy Points:
    113
    FEB 18, 2021
    Krystal Kenney's sentence vacated in Kelsey Berreth case after court finds judge error (thedenverchannel.com)
    The Colorado Court of Appeals this week found a procedural error and vacated the sentence for Krystal Kenney ...

    [...]

    The appeals court ruled that District Court Judge Scott Sells did not "specifically inform" Kenney in her plea hearing that she had a right to have a jury "determine aggravating facts beyond a reasonable doubt."

    Sells advised Kenney that she would be "giving up some significant, substantial constitutional rights" by pleading guilty in the case, the appeals court ruling said, including the right to have a jury determine all issues of guilt beyond a reasonable doubt.

    Sells also told Kenney that she could receive a sentence of up to three years if the court found aggravating factors.

    "But nothing in the record reflects 'at a minimum' that (1) the court advised Kenney of her Blakely rights and the consequences of waiving them, and (2) Kenney nevertheless chose to waive them," the appeals court ruling said.

    Blakely rights mean that a court may only aggravate a defendant's sentence under certain circumstances, and Sells, during the sentencing, determined Kenney's sentenced could be aggravated.

    [...]

    It was unclear Thursday when Kenney's case would be returned to district court for resentencing. She remained in a state prison Thursday afternoon. Before her three-year sentence was vacated, her estimated release date was July 7, 2022, according to the state parole board.

    [...]
     
    Seattle1 likes this.
  6. Seattle1

    Seattle1 #LiveLikeLizzy&Gabby

    Messages:
    23,866
    Likes Received:
    259,798
    Trophy Points:
    113
    Colorado Court of Appeals orders former Idaho nurse Krystal Lee Kenney to be resentenced

    2/19/2021

    COLORADO SPRINGS, Colo. (KKTV)—The Colorado Court of Appeals has thrown out the sentencing for a former Idaho nurse imprisoned in connection with Kelsey Berreth’s murder in Woodland Park.

    According to court records obtained by our sister station, Thursday a Colorado judge said they believe the Teller County Court wrongly sentenced Krystal Lee outside of the maximum term limits.

    Lee pleaded guilty to tampering with evidence charge, a Class 6 felony and sentenced to three years in prison. According to the court papers filed in the Colorado Court of Appeals, they argue the maximum sentence, without aggravating factors, for a Class 6 felony is 18 months. The papers go on to say Lee says her aggravated sentence is unconstitutional.

    In a phone call, Lee’s attorney, Dru Nielsen, told 11 News reporter Ashley Franco “She (Krystal) is serving an unconstitutional and unlawful sentence.”

    The 4th Judicial District Attorney’s Office would not comment on the matter Thursday night. The case will be sent back to the Teller County Court to have Lee re-sentenced.
     
    PommyMommy and Luckyzmom like this.
  7. Seattle1

    Seattle1 #LiveLikeLizzy&Gabby

    Messages:
    23,866
    Likes Received:
    259,798
    Trophy Points:
    113
    https://www.koaa.com/news/covering-...motion-to-allow-krystal-kenneys-early-release

    March 10, 2021

    TELLER COUNTY — Colorado Attorney General Phil Weiser has agreed to a motion to allow Krystal Kenney, the Idaho nurse who helped clean up the crime scene left behind after Patrick Frazee murdered his fiance, Kelsey Berreth, to be released early from prison.

    Kenney was sentenced in January 2020 to three years in prison, as part of a plea deal where she testified against Frazee and pleaded guilty to tampering with evidence. She has served around 13 months of that sentence.

    [..]

    The maximum prison sentence in Colorado for tampering with evidence is 18 months. However, that number was doubled in Kenney's case, because she was charged within the aggravated range of sentencing. Kenney's attorney told News 5 that never should have happened.

    According to court documents, Kenney may now be eligible for release "in the near future." She currently remains in custody at the Denver Women's Correctional Facility.

    You can Attorney General Phil Weiser's motion to expedite the sentence here.
     
  8. PommyMommy

    PommyMommy #ShinelikeShanann

    Messages:
    35,846
    Likes Received:
    342,071
    Trophy Points:
    113
    Luna20 and Seattle1 like this.
  9. PommyMommy

    PommyMommy #ShinelikeShanann

    Messages:
    35,846
    Likes Received:
    342,071
    Trophy Points:
    113
    Luna20 likes this.
  10. Seattle1

    Seattle1 #LiveLikeLizzy&Gabby

    Messages:
    23,866
    Likes Received:
    259,798
    Trophy Points:
    113
    cocomod, Beagle and PommyMommy like this.
  11. Seattle1

    Seattle1 #LiveLikeLizzy&Gabby

    Messages:
    23,866
    Likes Received:
    259,798
    Trophy Points:
    113
  12. PommyMommy

    PommyMommy #ShinelikeShanann

    Messages:
    35,846
    Likes Received:
    342,071
    Trophy Points:
    113
    MAR 23, 2021
    Krystal Lee Kenney resentenced in Kelsey Berreth case | 9news.com
    [...]

    Judge Scott Sells, who imposed the original sentence, said he disagreed with the court of appeals ruling, though he would follow it. During Tuesday's hearing, he gave Kenney the maximum sentence possible.

    “The court of appeals described the findings I made regarding your involvement when I imposed an aggravated sentence as ‘disconcerting,'" Sells said. “... I strongly disagree with their description of your involvement as ‘disconcerting.’ I find again, as I did at your original sentencing, that your actions were cold, calculating, cruel and devoid of any compassion of human life."

    [...]
     
  13. PommyMommy

    PommyMommy #ShinelikeShanann

    Messages:
    35,846
    Likes Received:
    342,071
    Trophy Points:
    113
    MAR 23, 2021
    Idaho nurse in Kelsey Berreth murder gets max at resentencing | Colorado Springs News | gazette.com
    [...]

    "You could have warned her. You could have called law enforcement. You could have prevented the murder and done the right thing," Sells told Kenney at a virtual sentencing hearing. "But you did not."

    [...]

    "Your actions were not impulsive. They were not spur of the moment," Sells said. “You had hours and hours and hundreds of miles to do the right thing, and you never said a word until you were later confronted by law enforcement.”

    [...]
     
    Seattle1, rootbeer, cocomod and 2 others like this.
  14. PommyMommy

    PommyMommy #ShinelikeShanann

    Messages:
    35,846
    Likes Received:
    342,071
    Trophy Points:
    113
    Jennifer Meckles on Twitter
    Colorado Dept. of Corrections tells me Krystal Lee Kenney has been released from prison. Her new sentence, given today, was max 18 months plus 1 year parole. She served about 14 months (new sentence started on same date as original - Jan. 28 2020. From DOC this evening:
    [​IMG]
    5:56 PM · Mar 23, 2021

    MAR 23, 2021
    Krystal Lee Kenney resentenced in Kelsey Berreth case | 9news.com
    The department of corrections said Krystal Lee Kenney, 34, has now passed her mandatory released date based on the new sentence and she was released from prison on parole.
     
    Seattle1 and margarita25 like this.
  15. Seattle1

    Seattle1 #LiveLikeLizzy&Gabby

    Messages:
    23,866
    Likes Received:
    259,798
    Trophy Points:
    113
    News video interview at link

    Longtime friend of ex-Idaho nurse released in 2018 murder case shows support

    3/24/21

    TWIN FALLS, Idaho (KMVT/KSVT) — A former Twin Falls nurse, who admitted to helping a Colorado rancher cover up the killing of his fiancee Kelsey Berreth, was released on parole after receiving a reduced sentence.

    KMVT had the opportunity to talk to one of her closest friends to hear how the mother of two plans to move on with her life.

    Thirty-four-year-old Krystal Lee Kenney was released Tuesday from Denver women’s correctional facility after serving an 18 month reduced sentence.

    Laura Stutzman, who has been a close friend of Lee’s for more than 20 years, remembers how Lee sounded before going to prison.

    “She stopped by the house and told me exactly what had happened and why she did what she did,” Stutzman said. “She was very, very remorseful.”

    Now that she has been released, Stutzman said she is grateful that Lee spent some time in a correctional facility, but more importantly she is happy to see that her children will have their mother back. Stutzman said Lee didn’t want her children seeing her while she was in prison.

    “Krystal is a fantastic mom, and you know she still is, protecting them from seeing her. You know that is hard for children,” Stutzman said.

    She also hopes that Lee’s family can start the healing process, following the horrific events that occurred over the past few years, garnering national attention.

    “She has paid her dues, but yet this family of Krystal’s will always, always be hurt by what has happened,” Stutzman said.
     
    PommyMommy likes this.
  16. PommyMommy

    PommyMommy #ShinelikeShanann

    Messages:
    35,846
    Likes Received:
    342,071
    Trophy Points:
    113
    APR 5, 2021
    People Magazine Investigates: The Murder of Colo. Mom Kelsey Berreth | PEOPLE.com
    On three occasions, Patrick Frazee tried to enlist his mistress to kill his pregnant fiancée, Kelsey Berreth, a flight instructor in Woodland Park, Colo., and the mother of the couple's toddler daughter.

    [...]

    But when a frustrated and angry Frazee finally murdered Berreth on his own, he ordered Kenney — who feared she might be killed, too, if she didn't obey — to commit herself further to the crime.

    [...]

    But long before investigators uncovered his weeks of planning and the grisly manner in which he disposed of Berreth's body, the violence of Frazee's attack was made plain to Kenney. She recalled that as she cleaned the scene at Berreth's home, Frazee called, telling her to be sure she left no evidence behind -- and to look for knocked-out teeth.

    To learn how investigators caught the killer, watch the episode of People Magazine Investigates: Flight Risk, airing tonight at 10 ET/9 CT on Investigation Discovery and streaming on discovery+.
     
    Seattle1 and margarita25 like this.
  17. Seattle1

    Seattle1 #LiveLikeLizzy&Gabby

    Messages:
    23,866
    Likes Received:
    259,798
    Trophy Points:
    113


    Inside the Patrick Frazee Trial: A Denver7 special -
    Nov 22, 2019
     
    PommyMommy, Luna20 and Beagle like this.

Share This Page



  1. This site uses cookies to help personalise content, tailor your experience and to keep you logged in if you register.
    By continuing to use this site, you are consenting to our use of cookies.
    Dismiss Notice