CO CO - Kelsey Berreth, 29, Woodland Park, Teller County, 22 Nov 2018 - #51 *ARREST*

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yawningreyhound said:
Did anyone ever see a link on the presser? I'm in colorado and can't find anything!
Click to expand...
Nope, it was almost as quick as the hearing! Should be an article shortly, though. Sam tweeted this:

Sam Kraemer on Twitter
The testing they’re waiting on is the consumptive testing, which they still have to finalize a procedure for. May says some of the evidence hasn’t been tested yet. @KOAA #KelseyBerreth #PatrickFrazee
9:11 AM - 5 Apr 2019

Sam Kraemer on Twitter
Beth Reed now talking about the social services record. She’s referencing the lack of reports suggesting Kelsey Berreth harmed her daughter (like Frazee claimed). She says these records are post-arrest. @KOAA #KelseyBerreth #PatrickFrazee
9:12 AM - 5 Apr 2019

Sam Kraemer on Twitter
May won’t comment on what the item needed for consumptive testing is. @KOAA #KelseyBerreth #PatrickFrazee
9:12 AM - 5 Apr 2019

Sam Kraemer on Twitter
May says it’s not the time to think about pursuing the death penalty. It must happen after arraignment. After the plea, they have 9 weeks to decide. @KOAA #KelseyBerreth #PatrickFrazee
9:13 AM - 5 Apr 2019

Sam Kraemer on Twitter
When asked about a change of venue, May says that’s a question for the defense, who would request that. @KOAA #KelseyBerreth #PatrickFrazee
9:14 AM - 5 Apr 2019

Sam Kraemer on Twitter
May says he won’t comment on whether a plea deal is being pursued. @KOAA #KelseyBerreth #PatrickFrazee
9:14 AM - 5 Apr 2019

Sam Kraemer on Twitter
That’s a wrap. The overarching message, though they won’t say it verbatim, is that they expect Frazee to plead not guilty. @KOAA #KelseyBerreth #PatrickFrazee
9:15 AM - 5 Apr 2019
 
Timeline - PART 3
(March 1, 2019 - June 24, 2019)

March 1, 2019 - Friday
  • PF filed a motion in Teller County District Court asking a judge to deny a claim by Berreth’s parents. Colorado’s wrongful death statute clearly states that the Berreths have no standing to make a legal claim based on the alleged wrongful death of Kelsey Berreth, the motion says.
March 4, 2019 - Monday
  • PF - Legal Argument Hearing - 8:30 am
Inmate #: 2018001543
Booking #: 18-02029
Case #: D602018CR330
  • Judge agreed to unseal 22 of the 28 search warrants, he did not allow the exhibits displayed at the preliminary hearing to be made public. Both the prosecution and defense agreed that they did not want those released ahead of the trial. Some of the 22 warrants to be made public this week detail records from Verizon, Google and Facebook.
  • The state and defense agreed to move a decision about consumptive evidence testing until after PF’s arraignment. Consumptive testing involves evidence that can only be tested one time, likely due to the size of the evidence or the material in question.
March 6, 2019 - Wednesday
  • Search warrants released
Colorado Judicial Branch

March 7, 2019 - Thursday
  • Motion filed by defense
March 11, 2019 - Monday
  • PF Wrongful Death - Scheduling and Planning Conference - 1:30 pm (Vacated pending a ruling on motion filed by defense on 3/7/19)
Case: 19-cv-00027-PAB-KMT

April 4, 2019 - Thursday
  • Disposition Hearing (Custody) - 8:30am
Case #: D602018JV26
  • EF, PF’s sister, was also at the hearing with her partner. She’s vying for custody of her niece as well.
  • The Teller County District Court once again ruled on Thursday that PF and KB's 1-year-old daughter will stay in the custody of the child's maternal grandparents.
Colorado Judicial Branch - Court Docket Search

April 5, 2019 - Friday
  • PF - Arraignment - 8:30 am
Inmate #: 2018001543
Booking #: 18-02029
Case #: D602018CR330
  • The defense requests a continuance. The people have no objection.
  • No plea today. Judge Sells reschedules arraignment for 5/24.
  • Both parties want seven more weeks for forensic evidence testing. Defense feels PF needs that information before moving forward.
  • Judge Scott Sells says he doesn’t think it’s appropriate to set a trial date until all parties have more info on forensic testing.
  • Judge granted defense access to DHS records.
  • The testing they’re waiting on is the consumptive testing, which they still have to finalize a procedure for. May says some of the evidence hasn’t been tested yet.
  • May says it’s not the time to think about pursuing the death penalty. It must happen after arraignment. After the plea, they have 9 weeks to decide.
  • When asked about a change of venue, May says that’s a question for the defense, who would request that.
  • May says he won’t comment on whether a plea deal is being pursued.
  • Beth Reed talked about the social services record. She’s referencing the lack of reports suggesting Kelsey Berreth harmed her daughter (like PF claimed). She says these records are post-arrest.
May 24, 2019 - Friday
  • PF - Arraignment - 8:30 am
Inmate #: 2018001543
Booking #: 18-02029
Case #: D602018CR330

June 13, 2019 - Thursday
  • PF Review with Appearance of Parties (Custody) - 8:15am
Case #: D602018JV26
(Review with appearance is to advise the court the status of the case and how the parties want to proceed. The parties are required to appear in court in person.)

June 24, 2019 - Monday
  • KK- Review Hearing - 11 am - Teller County
Case #: D602019CR17
(KK is allowed to appear for review hearings by phone until closer to sentencing)


KB, PF and KK’s cell phone communication and locations information between Nov. 22 - Dec. 4
  • Nov. 22, 2018 - The analysis of the cell phone data revealed that KB and PF cellular phones connected to the same Verizon tower in WP at 12:23 p.m when KB missed a call from PF at 12:31 p.m.
  • Nov. 22, 2018 - Both KB and PF’s phones were seen by towers near Cripple Creek in the evening, traveling in the same directions and often similar distances from the cell towers hen measurements were captured by the Verizon network. This would indicate the phones were likely together.
  • Nov. 22, 2018 - KK spoke with PF at 4:30 p.m. PF texted KK asking for her to call him. PF eventually called KK, saying, she had to get to CO because she had a mess to clean up. KK interpreted that as KB was dead. Cell phone records support this cell phone conversation.
  • Nov. 23, 2018 - both KB and PF’s phones utilized the Verizon cell tower in Florisant, along with the sector facing PF’s residence when PF’s phone called KB’s phone in the morning. Later in the day, both phones then appear to travel together from the area of PF’s residence towards the same area west of Cripple Creek and both phones had visited the prior evening before returning in the direction of PF’s residence.
  • Nov. 24, 2018 - Both KB and PF’s phones utilized the Verizon cell tower in Florisant, along with the sector facing PF’s residence when PF’s phone called KB’s phone first thing in the morning. Both phones eventually travel to same area west of Cripple Creek.
  • Nov. 24, 2018 - Call records indicate PF and KK communicated at 7:23 a.m., 10:47 a.m., 11:39 a.m., 1:06 p.m. and 5:21 p.m. (KK initially told LE she was at PF’s residence at this time)
  • Nov. 24, 2018 - KK’s cell phone was connected to a cell tower and also to a sector of that tower that would service KB’s residence on the morning of Nov. 24, 2018. The tower is some distance from the PF residence and likely wouldn’t service his residence.
  • Nov. 24, 2018 - KK sent Meghan a text message in the afternoon, asking if she could stay the night at her house because she had too much to drink. Meghan said the content of the message was false and was only meant to establish an alibi in case CL checked KK’s phone or called Meghan to see where KK was.
  • Nov. 24 and or Nov. 25, 2018 - KB’s cellular phone likely traveled from CO via I 70 into Utah and I 15 through Salt Lake City into Idaho during the evening of Nov. 24 and/or the morning of Nov. 25.
  • Nov. 24 and or Nov. 25, 2018 - KK’s phone traveled back to Idaho on the 24th or 25th of November. KK’s phone was connected to the exact same tower an sectors in a remote area of the Colorado/Utah border on the morning of Nov. 25. KK’s phone was connected to the tower at approximately 4:13 a.m., 4:17 a.m. and 4:23 a.m. KB’s phone was connected to the tower at approximately 4:11 a.m. and 4:16 a.m.
  • Nov. 25, 2018 - Last activity for KB’s phone at 5:13 p.m. approximately 6.38 W/Sw from a Verizon cell tower in Gooding, Idaho. That distance placed the phone at or near Malad Gorge State Park, which is supported by additional tower measurements from Verizon in the minutes leading up to that data point.
  • Nov. 25, 2018 - KK was in cell phone communication with PF on her return trip to Idaho, including shortly after the last activity of KB’s cell phone.
  • Dec. 4, 2018 - KK lost her cell phone and purchased a replacement Samsung device. (same day LE seized PF’s cell phone.
  • Dec. 4, 2018 - LE seized PF’s cell Phone
LINKS:
Colorado Judicial Branch Docket Search: Colorado Judicial Branch - Court Docket Search
Teller County Jail Lookup: Archonix XJail Public
4th District Cases of Interest: Colorado Judicial Branch - 4th Judicial District - Homepage
People of CO v. PF: Colorado Judicial Branch
People v. KLK: Colorado Judicial Branch
Custody Docket: Colorado Judicial Branch - Court Docket Search
Case#: D602018JV26
Year = 2018
Case Class = JV
Case Sequence = 26

Amended Civil Action Complaint: http://media.graytvinc.com/documents/Amended+complaint+vs+Patrick+Frazee.pdf

Sam Kraemer Twitter: Sam Kraemer (@SamKraemerTV) | Twitter
Clayton Sandell Twitter: Clayton Sandell (@Clayton_Sandell) | Twitter
Kayna Whitworth Twitter: @KaynaWhitworth
Becky Perlow Twitter: @gobeckygo
Carol McKinley Twitter: @CarolAMcKinley
Emily Shapiro Twitter: @EmilyShapiroABC
Lance Benzel Twitter: Lance Benzel (@lancebenzel) | Twitter
KB Twitter Search: kelsey berreth - Twitter Search
 
Last edited:
Sam Kraemer on Twitter
One more thing: May wouldn’t comment on the landfill search. He says that’s a question for Woodland Park Police Chief Miles De Young, who wasn’t here, but said yesterday that they haven’t found Berreth’s remains. @KOAA #KelseyBerreth #PatrickFrazee
9:29 AM - 5 Apr 2019

Sam Kraemer on Twitter
I’m riding passenger back to Colorado Springs. If you have questions on the case, I’ll do my best to answer them. @KOAA #KelseyBerreth #PatrickFrazee
9:30 AM - 5 Apr 2019
 
dixiegirl1035 said:
Yep, it's intuitively obvious to the most casual Observer what you stated.

Yet, others will have other reasons for such. I just hope the media says, and in your words, to the community and to the public at large exactly that fact.

Succinct, and to the fact!
Click to expand...
Absolutely! If I were PF (heaven forbid) and I was NOT guilty, I would be eager to make that known regardless of what forensic evidence shows. He's guilty as sin and he knows it. Now if the evidence comes back weak or inconclusive he will plead "not guilty." If it comes back highly incriminating, DA May might consider DP (even though we know it has no "teeth") and make a deal with this devil for LWOP to save the state a huge sum of $$$. MOO
 
Stephanie (Butzer) Rose on Twitter
Could #PatrickFrazee face the death penalty? The DA said he can't comment on that, since those decisions come after an arraignment. Should Frazee enter a not guilty plea, prosecutors have 9 weeks to decide if it's a death penalty case. http://bit.ly/2IepGql #KelseyBerreth
9:38 AM - 5 Apr 2019

Frazee arraignment pushed to later date in murder case
[...]

“We have some potential destructive testing of some of the physical evidence," said 4th Judicial District Attorney Dan May.

Almost every homicide case takes about a year to get to trial after the person accused is arrested in this district, May said after the session. Because Frazee was arrested in December, that provides a better look at the timeline for this case, he said.

Some of the evidence in the case not been tested yet, he said, and other items might need further testing. The defense and prosecutors look at pieces of evidence independently, he said. In some cases, a piece of evidence can only be tested once, so the two parties are working on how they can both observe the testing. They are working out those procedures, May said.

May said he can't comment on if Frazee could face the death penalty or not, since those decisions come after an arraignment. Should Frazee enter a not guilty plea, prosecutors have nine weeks to decide if it's a death penalty case, he said.

[...]
 
My understanding from the presser the item that was presumptive when tested has not been tested yet, the defense and prosecution are still trying to figure out how that will be done. Dan Mays words.
 
Sam answering questions:

Q. So Patrick filed a report after his arrest to claim abuse?

Sam Kraemer on Twitter
Nope. The Teller County Department of Human Services has to create a report to help determine future placement for the child involved. Those are the records in question. @KOAA #KelseyBerreth #PatrickFrazee
9:41 AM - 5 Apr 2019

Q. Why do you feel that the judge saying it's not appropriate to set a trial date before all of the testing is done implies a not guilty plea?

Sam Kraemer on Twitter
It’s unfair to Frazee (he still has rights) or any defendant for the matter to not have all of the facts present. They still need time to compile that information. Plus, if police do find Berreth’s remains, then what? @KOAA #KelseyBerreth #PatrickFrazee
9:43 AM - 5 Apr 2019
 
Ewww. I know waiting on the evidence can't be held against him, but man that makes him look guilty. If you know you didn't commit a murder you'd plead not guilty...and you don't need to wait because you know those items being tested will show that. But PF is like no, I need to see what cards you've got to play before I decide. wtf.
 
PommyMommy said:
Nope, it was almost as quick as the hearing! Should be an article shortly, though. Sam tweeted this:

Sam Kraemer on Twitter
The testing they’re waiting on is the consumptive testing, which they still have to finalize a procedure for. May says some of the evidence hasn’t been tested yet. @KOAA #KelseyBerreth #PatrickFrazee
9:11 AM - 5 Apr 2019

Sam Kraemer on Twitter
Beth Reed now talking about the social services record. She’s referencing the lack of reports suggesting Kelsey Berreth harmed her daughter (like Frazee claimed). She says these records are post-arrest. @KOAA #KelseyBerreth #PatrickFrazee
9:12 AM - 5 Apr 2019

Sam Kraemer on Twitter
May won’t comment on what the item needed for consumptive testing is. @KOAA #KelseyBerreth #PatrickFrazee
9:12 AM - 5 Apr 2019

Sam Kraemer on Twitter
May says it’s not the time to think about pursuing the death penalty. It must happen after arraignment. After the plea, they have 9 weeks to decide. @KOAA #KelseyBerreth #PatrickFrazee
9:13 AM - 5 Apr 2019

Sam Kraemer on Twitter
When asked about a change of venue, May says that’s a question for the defense, who would request that. @KOAA #KelseyBerreth #PatrickFrazee
9:14 AM - 5 Apr 2019

Sam Kraemer on Twitter
May says he won’t comment on whether a plea deal is being pursued. @KOAA #KelseyBerreth #PatrickFrazee
9:14 AM - 5 Apr 2019

Sam Kraemer on Twitter
That’s a wrap. The overarching message, though they won’t say it verbatim, is that they expect Frazee to plead not guilty. @KOAA #KelseyBerreth #PatrickFrazee
9:15 AM - 5 Apr 2019
Click to expand...


BBMFF:

Boy, I'd sure like to know what that item is that they still need to do consumptive testing on, and can't determine a procedure for. Something w/ a minuscule amount of blood, possibly, or what are people thinking?

I'm absolutely thrilled to see that DA May refuses to take the death penalty off the table, despite all of the CO legislatures recent moves toward doing away with it. The threat of the DP is a powerful bargaining chip with someone like PF who only cares about preserving his own hide. DA May will likely drag that decision out to the last possible minute, just to keep PF sweating. Good for him.

JMO.
 
GordianKnot said:
BBMFF:

Boy, I'd sure like to know what that item is that they still need to do consumptive testing on, and can't determine a procedure for. Something w/ a minuscule amount of blood, possibly, or what are people thinking?

I'm absolutely thrilled to see that DA May refuses to take the death penalty off the table, despite all of the CO legislatures recent moves toward doing away with it. The threat of the DP is a powerful bargaining chip with someone like PF who only cares about preserving his own hide. DA May will likely drag that decision out to the last possible minute, just to keep PF sweating. Good for him.

JMO.
Click to expand...
I think we had that narrowed down at one time, and now I can't remember, lol!
Not good. :oops: MOO
 
Petkash Photog KKTV on Twitter
The #KelseyBerreth case seems to be drawing more media. Every time I come up to Cripple Creek the media pool gets bigger.
D3ZpjAqW0AYHuNV.jpg

9:52 AM - 5 Apr 2019 from Colorado, USA
 
Sweetsbeach said:
Ewww. I know waiting on the evidence can't be held against him, but man that makes him look guilty. If you know you didn't commit a murder you'd plead not guilty...and you don't need to wait because you know those items being tested will show that. But PF is like no, I need to see what cards you've got to play before I decide. wtf.
Click to expand...
My thoughts exactly. He just branded the proverbial "scarlet letter 'G'" right to his ugly forehead :) Looks good on him, eh??
ed:word
 
I have resigned myself that this is the first of many delays to come.

Its common knowledge that a key Defense strategy is to delay things.

Many articles on the subject and this one gives a summary in one sentence:

"almost invariably, delaying the case makes the defendant’s case stronger and the prosecution’s case weaker."

https://www.quora.com/Why-would-a-c...tinually-about-almost-2-months-and-maybe-more

The reasons a delay almost always benefits the defense are many and includes:

*witnesses can become unavailable over time and can even die sometimes before trial

*witnesses memory usually weakens over time and the defense can exploit this during trial testimony (like.... "so you are telling me you remember exactly what you were doing on this exact date and time over 1 year ago?")

*public outrage and emotions (i.e., jury members) about the crime tends to diminish over time

*gives more time for the defense lawyers to prepare their defense

*new evidence may be uncovered (this can work both ways and could benefit either defense or prosecution)
 
GordianKnot said:
BBMFF:

Boy, I'd sure like to know what that item is that they still need to do consumptive testing on, and can't determine a procedure for. Something w/ a minuscule amount of blood, possibly, or what are people thinking?

I'm absolutely thrilled to see that DA May refuses to take the death penalty off the table, despite all of the CO legislatures recent moves toward doing away with it. The threat of the DP is a powerful bargaining chip with someone like PF who only cares about preserving his own hide. DA May will likely drag that decision out to the last possible minute, just to keep PF sweating. Good for him.

JMO.
Click to expand...

Absolutely -- it worked for Christ Watts!

His guilty plea agreement was announced at a status hearing just before his arraignment was to be scheduled!
 
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