CO CO - Kelsey Berreth, 29, Woodland Park, Teller County, 22 Nov 2018 - #34 *ARREST*

[lindaromas]

The way I'm understanding it, is the information was opened for PF and his attorney to see then sealed again for the hearing.

Help!!
I read both articles but it is unclear to me the difference in sealed and suppressed? So is this case against PF sealed or suppressed ?
Thank y’all in advance. };o[/QUOTE

 

[Hatfield]

Have been off this site for a bit. So if I am understanding what I'm catching up on, KK has not been arrested that anyone is aware of? No new info (public) really for the whole month of January?

JMO
That is my understanding too which seems unusual to me. Its almost like LE is hiding something from the public because if she really did carry KB's phone to Idaho then she would be directly involved in this case one way or another.

So I see a few possibilities here.

If she had no personal involvement at all and never touched the phone then LE probably just talked with her and that is about it. She would be free to go wherever she pleases.

However we do know her employer has her on a leave of absense so there would be a reason for that. So if she did have some personal involvement of some sort like touching KB's phone or being present in any way or fashion when KB went missing then LE would do one of two things IMO. Either make a formal deal with her to testify against PF and let her stay somewhere where LE always knows where she is till trial where they can get her testimony and that would be her fullfilling her part of the deal OR file charges against her.

Since LE is keeping mum about anything we have no idea what is going on and that seems like a question the media needs to ask the DA about.

My guess only is some sort of formal deal has been made and she is staying somewhere where LE has agreed to until the trial. That is the only thing that makes any sense to me. The main reason I think this is that when LE was honing in on PF and did the secondary searches at KB's home and formal charges on PF came down so quickly, it appeared they had gotten some detailed information and my guess is someone gave LE that information.

 

[Dave F.]

OT, but how is this constitutional? We don't have secret courts in this country!

The state of Colorado has very firm secrecy laws to protect minors in the juvenile system, and to protect innocent victims of crimes like incest, in which the very connection to the criminal would victimize them further. Because the state has no "witness protection" plan, sealing a case may have been also used to ensure witness safety from time to time. If that happened, the whole case would be sealed, not just the case against a co-conspirator. However, in recent years, the legislature has mandated that nearly anyone who has been exhonerated or has completed the full conditions of sentencing can apply to have their case sealed. They must prove that it is neccessary, but I'm not familiar with the process. The Denver Post filed one lawsuit, to open one case, to flesh out a tabloid story. The banner picture and caption featured a murder in which four boys were charged and convicted. One was barely of legal age. Two were charged as adults, while minors. The fourth was processed through the juvenile system.
In that case, it has already been ruled that the adult trials can be unsealed after the child becomes an adult. By state law, the child's process is sealed forever. The Denver Post doesn't seem to like that.
There is an entirely different process in Colorado under which someone who has been convicted of a listed crime and has satisfied all of their sentencing and is in good standing otherwise can apply for sealing of that conviction, primarily to protect them in background checks, etc. I'm not familiar with how that sealing works. Again, the Denver Post doesn't seem to like that very much.
On the civil side, for many years nearly every adoption of a child from the state orphanage system was sealed, then destroyed after a period of time.
I'm not aware of the Denver Post ever objecting to that, but I could be wrong.
IMO

 

[Hopefullyhelpful]

JMO
That is my understanding too which seems unusual to me. Its almost like LE is hiding something from the public because if she really did carry KB's phone to Idaho then she would be directly involved in this case one way or another.

So I see a few possibilities here.

If she had no personal involvement at all and never touched the phone then LE probably just talked with her and that is about it. She would be free to go wherever she pleases.

However we do know her employer has her on a leave of absense so there would be a reason for that. So if she did have some personal involvement of some sort like touching KB's phone or being present in any way or fashion when KB went missing then LE would do one of two things IMO. Either make a formal deal with her to testify against PF and let her stay somewhere where LE always knows where she is till trial where they can get her testimony and that would be her fullfilling her part of the deal OR file charges against her.

Since LE is keeping mum about anything we have no idea what is going on and that seems like a question the media needs to ask the DA about.

My guess only is some sort of formal deal has been made and she is staying somewhere where LE has agreed to until the trial. That is the only thing that makes any sense to me. The main reason I think this is that when LE was honing in on PF and did the secondary searches at KB's home and formal charges on PF came down so quickly, it appeared they had gotten some detailed information and my guess is someone gave LE that information.

I certainly hope that LE is, in fact, in some fashion of an "agreement" with her (albeit one that does not absolve her of her guilt - if any - in the matter). However, that being said, I'm very disillusioned with LE in general at the moment. I've seen far too many examples of clearly guilty individuals going free (or being given penalties that are laughable) and I'm really beginning to fear that KK is going to be another example in that category. It seems to follow a pattern.

 

[Hatfield]

The state of Colorado has very firm secrecy laws to protect minors in the juvenile system, and to protect innocent victims of crimes like incest, in which the very connection to the criminal would victimize them further. Because the state has no "witness protection" plan, sealing a case may have been also used to ensure witness safety from time to time. If that happened, the whole case would be sealed, not just the case against a co-conspirator. However, in recent years, the legislature has mandated that nearly anyone who has been exhonerated or has completed the full conditions of sentencing can apply to have their case sealed. They must prove that it is neccessary, but I'm not familiar with the process. The Denver Post filed one lawsuit, to open one case, to flesh out a tabloid story. The banner picture and caption featured a murder in which four boys were charged and convicted. One was barely of legal age. Two were charged as adults, while minors. The fourth was processed through the juvenile system.
In that case, it has already been ruled that the adult trials can be unsealed after the child becomes an adult. By state law, the child's process is sealed forever. The Denver Post doesn't seem to like that.
There is an entirely different process in Colorado under which someone who has been convicted of a listed crime and has satisfied all of their sentencing and is in good standing otherwise can apply for sealing of that conviction, primarily to protect them in background checks, etc. I'm not familiar with how that sealing works. Again, the Denver Post doesn't seem to like that very much.
On the civil side, for many years nearly every adoption of a child from the state orphanage system was sealed, then destroyed after a period of time.
I'm not aware of the Denver Post ever objecting to that, but I could be wrong.
IMO

This article sounds incredible to me because the numbers are staggering. It sounds unconstitutional. Surely not all the cases are just for protecting minors involved.
They even indicated in the article that murder cases are some of the ones being suppressed.

And shouldnt employers everywhere in the country know if a person is a convicted felon before they hire someone?

Maybe one of our lawyers here can read through this article and opine a little on it.

Some exerpts from the article

" More than 6,700 civil and criminal cases have been restricted from public access since 2013, usually by judges who agreed to a request from prosecutors or defense lawyers to shield them, the Post found. Of those, 3,076 are still under suppression orders that keep the details away from the public – 345 are felony criminal cases – as they work their way through the legal system, according to state computer records."

"The Post identified 66 felony cases from various counties that remained closed to the public – including homicides and sex crimes requiring registration as a sexual offender – even though the defendants had already been convicted and sentenced, some to lengthy prison terms."

Thousands of Colorado court cases hidden from public view

 

[ajaylee]

Sorry, folks, but I'm still thinking about that episode at the dump.

If PF hurt his back and couldn't unload the trailer himself, it seems he had two choices: ask friends to help or pay someone.

I floated the possibility he hurt his back (lifting KB's body, perhaps) because I can't see any other explanation for why he wouldn't pitch in to unload the trailer.

And...who loaded the trailer? The same guys?

If he asked friends to help, it seems to me that he would have at least gotten out of the truck and chatted with them, if only briefly.

If he paid guys to help, I would still think he'd get out of the truck - perhaps if only to pay them.

Just something really fake and odd about it.

 

[Dave F.]

News Item:
Friday January 15, 2019 – Magic Valley.com, the online edition of the Twin Falls, Idaho, Times-News paper, report by Michael Matthew:
“At this moment, this case is not under investigation by the Twin Falls County Sheriff’s Office or the Twin Falls Police Department,” county prosecutor Grant Loebs told the Times-News on Thursday. That won’t change, “unless there is a tie to some crime committed in Idaho.”
Colorado district court: Murder case is sealed

 

[ajaylee]

Hatfield, thanks for a great post!

One other possibility re: KK. If LE thinks there is a third person involved - and their language early on suggested that possibility - then LE might have advised KK and her kids to go into hiding for their own safety.

If her testimony is necessary to convict PF, then obviously PF would benefit if she disappeared or decided for some reason (her kids) not to testify. Once the trial is over and the guilty are hopefully locked up, it will be safe for her.

PF is locked up and there's no sign he's getting bail, which I wondered about. Perhaps it's standard in cases where LE is sure of guilt but can't find the body and is afraid to leave the accused on the loose to destroy evidence? Anyway, PF is no physical threat to KK and her children, she is certainly not a flight risk, and I don't think she'd go to these lengths just to avoid the media.

Or I'm completely wrong.

 

[CarolinePolly]

Help!!
I read both articles but it is unclear to me the difference in sealed and suppressed? So is this case against PF sealed or suppressed ?
Thank y’all in advance. };o

Y’all! I Went back, read the article again, like I talk (slow) and found the answer for one of my questions. This article. Thousands of Colorado court cases hidden from public view

 

[Hatfield]

Hatfield, thanks for a great post!

One other possibility re: KK. If LE thinks there is a third person involved - and their language early on suggested that possibility - then LE might have advised KK and her kids to go into hiding for their own safety.

If her testimony is necessary to convict PF, then obviously PF would benefit if she disappeared or decided for some reason (her kids) not to testify. Once the trial is over and the guilty are hopefully locked up, it will be safe for her.

PF is locked up and there's no sign he's getting bail, which I wondered about. Perhaps it's standard in cases where LE is sure of guilt but can't find the body and is afraid to leave the accused on the loose to destroy evidence? Anyway, PF is no physical threat to KK and her children, she is certainly not a flight risk, and I don't think she'd go to these lengths just to avoid the media.

Or I'm completely wrong.

Thats a really good point too because I had not considered much about a possible 3rd party.

Lets hope we get more information once the next court hearing occurs which is coming up soon. I hope it does not get postponed.

 

[Trudie]

Sorry, folks, but I'm still thinking about that episode at the dump.

If PF hurt his back and couldn't unload the trailer himself, it seems he had two choices: ask friends to help or pay someone.

I floated the possibility he hurt his back (lifting KB's body, perhaps) because I can't see any other explanation for why he wouldn't pitch in to unload the trailer.

And...who loaded the trailer? The same guys?

If he asked friends to help, it seems to me that he would have at least gotten out of the truck and chatted with them, if only briefly.

If he paid guys to help, I would still think he'd get out of the truck - perhaps if only to pay them.

Just something really fake and odd about it.

Lol. I disagree. He knew LE was watching him. Cat-mouse! IMO.
As far as his back, omg, the man can take down a steer.
Square bales can weigh 80-100 lbs, imo, he’s used to physical labor.
Go stand behind a horse, bent over, all day, your back gets quite strong, imo.

 

[ajaylee]

Lol. I disagree. He knew LE was watching him. Cat-mouse! IMO.
As far as his back, omg, the man can take down a steer.
Square bales can weigh 80-100 lbs, imo, he’s used to physical labor.
Go stand behind a horse, bent over, all day, your back gets quite strong, imo.

You are right, I was too focused on thinking of a reason why you'd haul a load to the dump and not help unload or at least get out of the truck. He was baiting LE.

 

[Irmese]

I have a strong feeling he is lazy, mooching off his Mother, squatting on her property, and bringing in just enough $$ under the table to buy himself beer. The angry brooding rebellious teenager, (except he's an adult omg), striking out immaturely when someone does not agree with him and his fragile ego. And that "his farrier business" is nonexistent except for checking the wild *advertiser censored*'s once per year. Livestock up there do not wear shoes and don't need trimming because of the terrain unless they are sick or old etc. moo.

Also I bet his "herd" of cattle was a one time purchase down payment from his dad's inheritance. Nothing lasts in his inept hands. Trade school title or not.

moo

ITA

 

[justpeachy22]

Sorry, folks, but I'm still thinking about that episode at the dump.

If PF hurt his back and couldn't unload the trailer himself, it seems he had two choices: ask friends to help or pay someone.

I floated the possibility he hurt his back (lifting KB's body, perhaps) because I can't see any other explanation for why he wouldn't pitch in to unload the trailer.

And...who loaded the trailer? The same guys?

If he asked friends to help, it seems to me that he would have at least gotten out of the truck and chatted with them, if only briefly.

If he paid guys to help, I would still think he'd get out of the truck - perhaps if only to pay them.

Just something really fake and odd about it.

I think this one is as simple as PF having a regular work day and not wanting to be the one caught on camera throwing out garbage. He didn’t want to be on camera - he made that very clear. He knew he was being watched. He probably had some ranch hands that regularly helped him with the dump runs. Until they tell me they found evidence from the dump run, I’ll assume it was just a regular work day. If we find out that he disposed of evidence on that particular dump, his story should be on America’s dumbest criminals show.

 

[Trudie]

News Item:
Friday January 15, 2019 – Magic Valley.com, the online edition of the Twin Falls, Idaho, Times-News paper, report by Michael Matthew:
“At this moment, this case is not under investigation by the Twin Falls County Sheriff’s Office or the Twin Falls Police Department,” county prosecutor Grant Loebs told the Times-News on Thursday. That won’t change, “unless there is a tie to some crime committed in Idaho.”
Colorado district court: Murder case is sealed

Crystal clear. KK is not wanted for a crime in Idaho, as we all know. Congratulations, Dave!!! I think you must be the 200 person to post this article.
This article does not mention KK potentially is involved in a CO case & CO would be running the show, until (if ever)
an arrest warrant is issued. Then, ID would asist CO, imo.

 

[InvSmith]

Welcome to Websleuths, Zeptiously!

Yes, there sure is, and you may be thinking about the Caylee Anthony case where a hair found in the trunk of Casey's car was found to have a darkened band at the root portion of the hair, consistent with decomposition. More here: FBI Analyst Says Hair in Casey Anthony's Car Likely Came From Dead Body

The Casey Anthony case was the first case to introduce the elements of decomposition based on the capture of air in the trunk of her car as well. The technique takes known elements of human decomposition and compares them to traces left behind in a confined space. The trunk of the car was consistent with human decomposition being present.

 

[acutename]

as to looking for KK: if she is in a rural area, no reason she cannot be on a ranch and just not "go into town," and no one will see her. the press is probably looking, but in a rural area, if there is no one to question and no errands being run by her, she will just not be visible. her kids do have to go to school, but maybe their dad and relatives are taking care of that. her attorney may have agreed that she would not speak publicly before trial and maybe she is happy to not be torn apart by inquisitive reporters, IMO.

 

[InvSmith]

Question: If KK/KL or whatever our resident Stampede Queen is calling herself these days ends up being arrested (fingers crossed!), will the warrant and arrest/booking come out of Twin Falls, ID, or from Teller County, CO? Just trying to figure out which sites need to be monitored for (fingers crossed!) new arrests.

Anyone know? @Mercedes,@riolove77, do either of you know whether ID or CO would be the state that would pick up (extra manpower required!) KK/KL and toss (again, extra manpower required!) her in the hoosegow if charges end up being filed against her?

She would be charged in Colorado.

 

[GordianKnot]

She would be charged in Colorado.

Thanks, InvSmith!

Understood that the warrant would come out of CO and that KK would be charged back in CO, if she's arrested.

I think I worded my question poorly...what I'm really wanting to know is whether the arresting agency would be Twin Falls and whether KK would be arrested and booked into the local ID jail until CO came to extradite her back to CO, or whether CO would come out and execute the arrest warrant themselves.

 

[skycountry]

I don't think KK was involved in any way in the actual murder of KB, other than being solicitated, if she was involved she would be in jail and facing charges, she isn't, so common sense says she had nothing to do with the murder. PF could have tossed the phone in her car and when she got him he could have called her and told it was KB's phone and now she was involved and an accomplice. Maybe she turned it on to see whose phone it was. She may have panicked and tossed it in the trash in Hansen, since that is where the FBI was looking all over town, according to one eyewitness. The mama's boy did this with a Colorado accomplice, who I am sure will be arrested too. All IMO only. Edited to remove family member.