CO CO - Kelsey Berreth, 29, Woodland Park, Teller County, 22 Nov 2018 - #25 *ARREST*

[Herat]

Also photo 5,
You can see the SUV parked at KB home

Is that the auto in the far back?

I see 3 autos: Brown pickup in foreground, nose toward house, white pickup nose toward 5th wheel, and in the background a bluish or grayish vehicle nose toward street.

 

[jaspermac]

Short video at the link below with a criminal defense attorney who explains that the wrongful death suit could be to get the upper hand regarding custody. In other words, if PF gets off in the criminal case, but the B's win in the civil case, he won't get Baby K back.

She also says the language in the wrongful death suit is pretty boilerplate and they don't need a body for this case.

HLN Weekend Express on Twitter
Kelsey Berreth’s parents are suing Patrick Frazee for wrongful death, negligence, and conspiracy. He’s been charged by the state too. Defense Attorney @JJohnsonLaw looks at both cases.

Now that makes the most sense out of anything that I have seen so far.

 

[Hatfield]

Also photo 5,
You can see the SUV parked at KB home

Thanks so much to you and other locals. It is very much appreciated.

 

[enelram]

I won't argue about it But, IF she knew KB was dead when she sent those texts, she SHOULD be behind bars. She can cooperate from there, IMHO, like Noudga did. I see no benefit to the prosecution to let her live her life without any consequences, even if it's only a few days behind bars. I just don't see LE winking at accessory after the fact if she sent those texts and understood why they needed to be sent, to give PF an alibi.
As always, JMO
Oh, and I don't see a few weeks off work as much of a consequence under those circumstances.

Agree with you.
I just wonder how much LE can really question her directly, if at all- since she lawyered up.
Does LE have to go through the atty. to ask questions or can
they demand she come in and meet with them?
LE said PF refused to talk to them. What if KK is doing the same?

 

[Seattle1]

Local lawyer explains wrongful death lawsuit against Patrick Frazee

COLORADO SPRINGS, Colo. - Just one day after being awarded temporary custody of Kaylee Berreth, the parents of missing mother Kelsey Berreth have filed a civil wrongful death lawsuit against her former fiance, Patrick Frazee.

Well known local personal injury lawyer, Mike McDivitt says in cases like these, getting a guilty verdict won't affect the outcome of the civil suit.

The documents say the Berreth's are asking for a minimum of 75 thousand dollars but it's likely that money will go to Kaylee, the daughter she left behind.

McDivitt says, "if the evidence shows there was a murder by Mr. Frazee, that's a legitimate wrongful death claim on behalf of Frazee's little girl whose mother has now been killed. That little girl will presumably be represented by grandparents which I think that's what this complaint is accomplishing." [BBM].

Frazee is currently facing criminal murder charges in Teller County, but the civil case filed in federal court accuses him of wrongful death, negligence, intentional emotional distress and conspiracy.

McDivitt says winning the civil case doesn't hold the same standard of proof a criminal case would meaning the plaintiffs don't have to prove their case beyond a reasonable doubt to jurors.

"The standard of proof in a civil is lower, it's by a preponderance which means more probable than not," he says.

No matter what happens inside the courtroom, Frazee, guilty or not guilty, the evidence that comes out could help determine whether or not any money is awarded to the Berreth family.

"As the proceedings go through, and evidence is developed in the criminal matter that will give the plaintiffs in the civil matter, a great opening as to the evidence necessary to prove the civil case," McDivitt says.

The next court proceeding for Frazee's criminal case is a preliminary hearing on February 19th.
Local lawyer explains wrongful death lawsuit against Patrick Frazee

Video at link

 

[Elley Mae]

Yes. I’ve been practicing for 30 years and it’s pretty standard. I have known many that got married and have not done anything but update info at renewal, myself included.

Her license to practice nursing is scheduled to expire in August 2019.

https://heavy.com/news/2019/01/krystal-jean-lee-kenney-idaho/

 

[SaranWrapPetunia]

I've always thought the message to KB's employer was via email, not text. Texting your employer is a bit too informal, no? Maybe I missed where it was said they received a text. I thought There was only a reference to a message being sent to them. MOO

Edited to clarify.

 

[Herat]

Who goes to a Sonic on Thanksgiving day?

Someone who just arrived into town from a long drive and isn't going to T-Day dinner for a while
Someone who isn't going to a big Thanksgiving Dinner with PF and his mom, someone who is just passing through town...someone who is on the road traveling for hours more

 

[InvSmith]

I have a couple of questions!

1) besides CB alluding to financial struggles/low cattle prices, has there been any MSM reports stating PF is poverty stricken?

2) where has it been stated PF did not pay child support?

Tysm. I’m unable to find answers to either question.

I don't think we know he paid child support. We don't know KB's income. In some situations women make enough income to support their child. We haven't seen any formal custody agreement or birth certificate.

 

[jewelsmac]

And like a drivers license, you drag your feet to get it changed but end up just doing it at renewal time. No big deal.

Exactly. I would encounter people daily at the ticket counter who would not change their drivers license or passport, but would make their airline reservations in their married name.

 

[PommyMommy]

Who goes to a Sonic on Thanksgiving day?

Someone who is hungry. j/k, it could have been a quick stop for a soda or snack before a big Thanksgiving meal.
MOO

 

[jaspermac]

I've always thought the message to KB's employer was via email, not text. Texting your employer is a bit too informal, no? Maybe I missed where it was said they received a text. I thought it only referenced a message was sent to them. MOO

Google all the initial news reports, Doss received a text and PF received a text.

 

[mustloveco]

Is that the auto in the far back?

I see 3 autos: Brown pickup in foreground, nose toward house, white pickup nose toward 5th wheel, and in the background a bluish or grayish vehicle nose toward street.

There is a fourth vehicle, farther east

 

[SoVeryMe]

On the renewal form they mail it asks for name and or address changes.

I’m sure a lot of people don’t change their name or address right away, especially if they stay with the same employer.

If for some reason your license were to be verified again and your name is different than on your drivers license, ss # etc. then you could encounter issues with your employer. Most people I know have changed their name on their nursing license the same time as they do their drivers license.

 

[NoeticSoul]

Who goes to a Sonic on Thanksgiving day?

People who weren't sitting down to any Thanksgiving dinners that day!

 

[jewelsmac]

I won't argue about it But, IF she knew KB was dead when she sent those texts, she SHOULD be behind bars. She can cooperate from there, IMHO, like Noudga did. I see no benefit to the prosecution to let her live her life without any consequences, even if it's only a few days behind bars. I just don't see LE winking at accessory after the fact if she sent those texts and understood why they needed to be sent, to give PF an alibi.
As always, JMO
Oh, and I don't see a few weeks off work as much of a consequence under those circumstances.

Perhaps because they want her to testify against him?

 

[KSinMT]

Her license to practice nursing is scheduled to expire in August 2019.

https://heavy.com/news/2019/01/krystal-jean-lee-kenney-idaho/

Idaho RNs renew their licenses every 2 years, odd numbered years.

 

[wantjustice]

Local lawyer explains wrongful death lawsuit against Patrick Frazee

COLORADO SPRINGS, Colo. - Just one day after being awarded temporary custody of Kaylee Berreth, the parents of missing mother Kelsey Berreth have filed a civil wrongful death lawsuit against her former fiance, Patrick Frazee.

Well known local personal injury lawyer, Mike McDivitt says in cases like these, getting a guilty verdict won't affect the outcome of the civil suit.

The documents say the Berreth's are asking for a minimum of 75 thousand dollars but it's likely that money will go to Kaylee, the daughter she left behind.

McDivitt says, "if the evidence shows there was a murder by Mr. Frazee, that's a legitimate wrongful death claim on behalf of Frazee's little girl whose mother has now been killed. That little girl will presumably be represented by grandparents which I think that's what this complaint is accomplishing." [BBM].

Frazee is currently facing criminal murder charges in Teller County, but the civil case filed in federal court accuses him of wrongful death, negligence, intentional emotional distress and conspiracy.

McDivitt says winning the civil case doesn't hold the same standard of proof a criminal case would meaning the plaintiffs don't have to prove their case beyond a reasonable doubt to jurors.

"The standard of proof in a civil is lower, it's by a preponderance which means more probable than not," he says.

No matter what happens inside the courtroom, Frazee, guilty or not guilty, the evidence that comes out could help determine whether or not any money is awarded to the Berreth family.

"As the proceedings go through, and evidence is developed in the criminal matter that will give the plaintiffs in the civil matter, a great opening as to the evidence necessary to prove the civil case," McDivitt says.

The next court proceeding for Frazee's criminal case is a preliminary hearing on February 19th.
Local lawyer explains wrongful death lawsuit against Patrick Frazee

Video at link

Smart grandparents!

 

[jaspermac]

I don't think we know he paid child support. We don't know KB's income. In some situations women make enough income to support their child. We haven't seen any formal custody agreement or birth certificate.

Also if they were sharing custody through out the week, maybe they both felt child support wasn't needed. You pay for expenses that you have when the child is with you.

 

[Elley Mae]

I've always thought the message to KB's employer was via email, not text. Texting your employer is a bit too informal, no? Maybe I missed where it was said they received a text. I thought There was only a reference to a message being sent to them. MOO

Edited to clarify.

Berreth's employer got a text from her phone on November 25, saying she wouldn't be able to work that week, police have said. Frazee also said she texted him that day, but the contents of that text haven't been released.

Kelsey Berreth: Missing Colorado mother no longer believed to be alive, fiancé charged with murder