CO CO - Kelsey Berreth, 29, Woodland Park, Teller County, 22 Nov 2018 - #23 *ARREST*

Status
Not open for further replies.
It shuts down any talk of "maybe KB was lying to her mom about the realtionship". KB's mom was there only a month before she disappeared. KB's mom would have seen with her own eyes how PF was acting and how the couple interacted with each other.
I thought that KB’s Mom was lying to the public in order to get PF to allow visitation with K and/or put his guard down. I thought police might have directed her to Lie for this purpose.
I think ...what made people consider that KB was lying to her Mom about relationship was because of the 10 days that she waited to report her missing - which seemed to indicate they were not as close as they may have been prior to KB moving to Colorado.
The recent picture of them all together spoke volumes to me personally - so I think that any lies that might have been told were only told to assist in the investigation and to possibly protect baby K from PF - because as we know there are men who don’t just stop at killing the mother of their child.
Some kill their children too.
KBs moms actions and words might mean she knew how possessive/controlling he had become of baby K and she was doing everything she could to protect the baby until she could get her in her possession. Moo. JMO.
 
A few things in response to comments made about the civil case:

Rules of evidence are generally the same in criminal and civil court. I'm not familiar with Colorado state rules, but it looks like the Rules 101 and 1101 of the Colorado Rules of Evidence confirm they apply in both civil and criminal cases.

Of course, as most know, the burden of proof is different. Beyond a reasonable doubt in criminal and typically just preponderance of evidence in civil cases.

Assets are not frozen upon the filing of a civil case. I'm not sure what the standards are in Colorado, but it is typically a very high bar to get a court to freeze assets before a judgment in a civil case. You'd more likely be able to get an asset frozen when there is the civil dispute is about the ownership of a specific asset and the availability or value of that asset could be wasted/destroyed before judgment.

I'm not sure what the law is in Colorado on this, but it's possible the parents would not have standing to bring a wrongful death suit because there is a surviving child. Maybe they are trying to bring the suit on behalf of the child, but given the open custody issues (I don't know where things stand on custody, etc.), I'm not sure they'd be able to do that.

There is of course discovery in a civil suit, but PF would still have the ability to assert the 5th amendment at a deposition or at trial. The problem with that, however, is that the fact-finder (judge/jury) can take that into consideration and make adverse inferences.

Thank you for this. I thought a defendant could not take the 5th in a civil trial.
 
Has anyone found this lawsuit in court records or seen it reported anywhere else? I have not and I'm wondering if this is also bad reporting. This would be very big news, right? I can't find a single thing. o_O:oops:

Parents Of Missing Woman Kelsey Berreth File Wrongful Death Lawsuit


I can’t find any supporting documentation. Surely, msm did. I dont think they would make this up, do you? I’ll look more.

SW family filed immediately after he was sentenced, iirc. Within a few days, maybe.
 
I can’t wait for an attorney to explain this.
I see it as a method to extract info, not money.

And maybe to protect against him speaking poorly or implying negative things about KB. It is bad enough for baby K will love with the fact her dad is accused of murdering her mom, but if he were to paint pictures of her mom that KB is not able to dispute it may be 1000x worse.
 
Chris Halsne on Twitter

“Police investigating #kelseyberreth murder contacted a medical center in @CityofTwinFalls asking for information about an employee. @StLukesHealth says the nurse is now on paid administrative leave. @KDVR investigates the connection between murder suspect, Patrick Frazee & nurse.”

LOL. They have her in protective custody. They better know who she is. Common now.
 
Thank you for this. I thought a defendant could not take the 5th in a civil trial.

I think the general confusion over that issue stems from the fact that (1) in most instances, providing testimony in civil matters wouldn't open the person up to criminal liability, and (2) unlike in criminal cases, the refusal to answer on the basis of 5th amendment rights can still be considered and used against you in civil cases.

EDIT - One caveat to #1, I'm talking about the substance of the testimony itself. Of course, you can always open yourself up to criminal liability when providing testimony in civil matters if you commit perjury!
 
Last edited:
Delayed until February!- I wonder if we will hear anything before then.
 
I thought that KB’s Mom was lying to the public in order to get PF to allow visitation with K and/or put his guard down. I thought police might have directed her to Lie for this purpose.
I think ...what made people consider that KB was lying to her Mom about relationship was because of the 10 days that she waited to report her missing - which seemed to indicate they were not as close as they may have been prior to KB moving to Colorado.
The recent picture of them all together spoke volumes to me personally - so I think that any lies that might have been told were only told to assist in the investigation and to possibly protect baby K from PF - because as we know there are men who don’t just stop at killing the mother of their child.
Some kill their children too.
KBs moms actions and words might mean she knew how possessive/controlling he had become of baby K and she was doing everything she could to protect the baby until she could get her in her possession. Moo. JMO.

I think she didn’t “lie”. She was likely coached on methods to convey info during PC & any interviews she might do.
 
Very good point. CB was there, she must have witnessed them together and nothing in their behaviour gave her reason to suspect the relationship was off.
Was there a picture taken at the time of Moms visit with PF, KB and baby K? I have not seen any picture of those 3 together except right after her birth.
I still think KB’s Mom was following directives by police in order to insure the safety of her granddaughter while she remained in the custody of the man she believed was responsible for her daughter’s disappearance.
I think Mom knew much more than she could say.
My heart breaks for her, you can see where her daughter got her strength. So thankful baby K is with her.
 
I can’t find any supporting documentation. Surely, msm did. I dont think they would make this up, do you? I’ll look more.

SW family filed immediately after he was sentenced, iirc. Within a few days, maybe.
No, I don't think they would make it up but the reporter may have misspoken. Even they (CBS) don't have an article out that mentions this lawsuit. This video is the only thing I've seen.
MOO
 
Isn't this usually done after the trial? I thought about them doing this a few nights ago but remembered that PF has nothing in his name that we're aware of, so they probably won't get a dime for little

This could help get evidence and statements quicker.
 
I’m new here and have been lurking in the background reading all your amazing thoughts, ideas and facts. You all are truly amazing. A month ago this case went silent in the national media like many do. Thank you for being here and all of the input that helps to understand a case like this. My prayers for all the innocent people involved. Can someone tell me what MSM is? I feel I have figured out the rest of the abbreviations. TIA
 
Status
Not open for further replies.

Members online

Online statistics

Members online
222
Guests online
580
Total visitors
802

Forum statistics

Threads
596,588
Messages
18,050,325
Members
230,033
Latest member
JaneJane
Back
Top