Deceased/Not Found CO - Kelsey Berreth, 29, Woodland Park, Teller County, 22 Nov 2018 - #53 *ARREST*

Discussion in 'Missing Persons Discussion' started by GuyfromCanada, Dec 3, 2018.

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  1. GordianKnot

    GordianKnot Well-Known Member

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    Last edited: May 24, 2019
  2. MassGuy

    MassGuy The Monsters Ain’t the Ones Beneath the Bed

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    Well for our sake, I hope they lose with their attempts to prohibit Tweeting from the court room.

    I imagine they will.

    We had no expectation of cameras during the trial, but prohibiting live coverage from reporters in the gallery, is a bridge too far.

    They succeeded in getting the judge to block EMC today, but if that’s their biggest victory, I can live with that.

    If PF didn’t want reporters covering his trial, he shouldn’t have beaten Kelsey to death.
     

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  3. GordianKnot

    GordianKnot Well-Known Member

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    SABBM:

    No kidding!

    For what it's worth, I have no doubt that this will in fact be the defense team's first, biggest, last and only "victory" in that courtroom.

    It's all an uphill battle for them from here on out...and the bad news for them is that ironically, while they're waging their uphill battle, their entire case will be going downhill at lightning fast speed at the exact same time.

    Speaking of irony, the utter ridiculousness of PF requesting an order of decorum (!) is beyond mind-boggling.

    So PF, the creep who beat KB to death with a baseball bat, bludgeoning her so viciously that he knocked her teeth out, is now concerned that cameras can see what he's writing on his dumb doodle pad in court.

    JMO.
     
  4. PommyMommy

    PommyMommy #ShinelikeShanann

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    Nope, I'd say they're silver/gray and that may be why you're having trouble seeing them. They sort of blend in with the ground. I'm viewing the video on a large screen too, so that helps. Not sure I'd see them in a photo either. I wish they were pink, lol! :D MOO
     
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  5. ilovechili

    ilovechili Well-Known Member

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    Part of it is his gait when he enters the courthouse, it does not strike me as the usual shuffle I guess. They also get him inside so fast, I just never see them. They should use pink so others do not assume what I did, that they do not shackle those charged with murder when moving them amongst the public ;) Thanks for clearing that up :)
     
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  6. Only4Justice

    Only4Justice Well-Known Member

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    I sure hope not! And if MaF is claiming she’s ill and can’t testify, that won’t help her custody case.

    I believe there was thought by the authorities in placing Baby K with Kelsey’s family. The longer she’s there, the better. She is so young.

    Glad to see an example of CPS doing the right thing.

    All IMO.
     
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  7. Noharg

    Noharg Well-Known Member

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    Hopefully he will have plenty of privacy down the road. Those pesky reporters will not be around for his one hour in the yard.
    JMO
     
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  8. Snowsnake

    Snowsnake Well-Known Member

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    I looked at PF’s ankles as he was loading into his ride. They are not shackled. That is unusual for prisoner transport. Wonder what he will wear for trial? Hopefully his P-F ball cap.
     
  9. Snowsnake

    Snowsnake Well-Known Member

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    I don’ believe DA May will seek Death Penalty. It will never be carried out in Colorado and there may be a higher standard of proof. Colorado Legislators will be trying to remove it during their next session anyway. No reason to risk anything as long as PF remains locked up tight.

    I wonder if he will get beans and hotdogs instead of hotdogs and beans for Memorial Day?
     
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  10. susiQ

    susiQ Well-Known Member

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    Couldn't hurt to try :) JMO

    BTW, wieners and beans is my "comfort food!"
     
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  11. Seattle1

    Seattle1 #LIVELIKELIZZY

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    Colorado Statute provides that in criminal court, live audio streaming (i.e., expanded media coverage or EMC) may be considered for advisements and arraignments only. [Pursuant to Chapter 38, Rule 3 of the Colorado Supreme Court Rules].

    The Court also makes the decision on allowing EMC for advisements and arraignments on a case by case basis. PF arraignment was a good example -- Court granted EMC for original scheduled "arraignment" on April 5, and denied the same for the continuance arraignment May 24 after defense opposed motion for EMC, and successfully argued there was a reasonable likelihood that expanded media coverage would interfere with the rights of the parties to a fair trial.

    Unless the Court bans all electronic devices in the courtroom during the trial, essentially - live tweeting during the 3 week trial is the only option here. And no doubt Colorado Media Alliance will vigorously fight for this option. MOO
     
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  12. Niner

    Niner Long time Websleuther

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    [​IMG]
     
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  13. steeltowngirl

    steeltowngirl Well-Known Member

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    IF KB did will something to PF, I seriously hope that portion of the will could be invalidated based on him being her accused murderer? And I certainly would think it would be thrown out if he is ultimately convicted.

    But I don’t know the legal answer...just speculating.
     
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  14. GordianKnot

    GordianKnot Well-Known Member

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    https://leg.colorado.gov/sites/default/files/death_penalty_publication_2202017.pdf

    Linking current Colorado law re: the death penalty.

    DA May spent some time during the pc yesterday discussing the need for a jury to find at least 1 of Colorado's identified "Aggravating Factors" in order to impose the death penalty.
    Page 13 of the linked doc lists the "Aggravated Factors" that make a Felony 1 case eligible for the DP.

    It would take a lot of work and creative argument for DA May to make the case for the death penalty based on my reading of this list.

    I see two potential qualifying factors, but the case for both is tenuous at best:
    • the offense was committed for pecuniary gain
    • the defendant committed the offense in an especially heinous, cruel, or depraved manner
    I've always believed that PF's primary motive for killing KB was a financial one.
    PF didn't want to pay KB child support. Didn't want to cover any of KB's other expenses r/t the raising of Baby K, either. I think in PF's mind, if he had full "custody," i.e., if he handed Baby K off to Ma F to raise at the ranch, he wouldn't have to pay KB anything at all.
    That's why he wanted custody. Not because he's some loving, devoted father. He's not.

    A loving, devoted dad doesn't beat their baby's mommy to death with a baseball bat.

    If KK had a will leaving anything to PF, that would bolster the argument for the murder having been committed for pecuniary gain, but I don't believe KK did any such thing.
    In fact, I'll be shocked if she did.

    Regardless, an argument can be made that PF murdered KB for pecuniary gain.

    The second factor is particularly difficult to establish since this is a no body case.
    The jury would have to believe that PF killed the mother of his child by bludgeoning her with a baseball bat on the strength of the blood evidence in the townhome and KK's testimony.

    I don't see any other aggravating factors that would even remotely apply here in KB's case.
    Does anyone else see something I've missed, though?

    I don't know what DA May's personal feelings about the death penalty are, but I'm hoping he takes a good, hard, long look at those aggravating factors.

    If DA May can make the case in his own mind for at least one of those factors being present, then I would love to see him make that case in front of the jury at trial.

    I see a pathway to the capital murder case. It's narrow, and tough to navigate.

    But it exists.

    JMO.
     
    Last edited: May 25, 2019
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  15. susiQ

    susiQ Well-Known Member

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    Geez Louise! Where did you find that emoji?? Love it :D
     
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  16. susiQ

    susiQ Well-Known Member

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    I was always under the notion that one could not benefit financially through the commission of a crime. That would certainly pertain to that no good, despicable excuse of a man, PF. JMO as I have no legal expertise :)
     
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  17. LittleDoe

    LittleDoe Active Member

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    Now the trial is set for October. Do we think CourtTV will try and get the right to show it?
     
  18. susiQ

    susiQ Well-Known Member

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    RSBBM
    I know, I know, the DP is a long shot but he certainly deserves it. I hate thinking about this but what IF KB wasn't rendered unconscious after the first blow? I hate to think what transpired before the second or third, heaven forbid. Then being shoved into a tote, taken to the Franchette for TG dinner and two days later burned like trash? If that doesn't constitute "especially heinous, cruel, or depraved," I don't know what does. By Viehman's own words, KK describes the scene as "horrific." Come to think of it, the death penalty is too good for him. Sorry, JMO :(
     
  19. steeltowngirl

    steeltowngirl Well-Known Member

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    This one could apply:
    “the defendant has been a party to an agreement to kill another person in furtherance of which a person has been intentionally killed;”
     
  20. MsJosie

    MsJosie Well-Known Member

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    I have a question.....in the Felon Arias trial, I believe it was her....she was only allowed to use a stubby pencil to take notes. Is that true in PF trial and anyone else’s? Those in custody are only allowed stubby pencils?

    Thanks.
     
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