CO CO - Kelsey Berreth, 29, Woodland Park, Teller County, 22 Nov 2018 - #57 *ARREST*

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Sam Kraemer‏ @SamKraemerTV
May says a certain statement is in a relevant time period, when they believe Frazee is soliciting Krystal Kenney to commit murder. There’s another statement suggesting Frazee met with a hitman in Breckenridge, showing the planning here. @KOAA #KelseyBerreth #PatrickFrazee

8:50 AM - 18 Oct 2019

!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

Sam Kraemer‏ @SamKraemerTV
May says there’s another statement between the time Berreth went missing & Frazee was arrested that shows Frazee similarly spoke about plans to kill. “We have a missing person that still has not been found,” May says. @KOAA #KelseyBerreth #PatrickFrazee

8:51 AM - 18 Oct 2019

!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
 
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What is 404(b) evidence and how can it harm… and help you? This kind of evidence is commonly used for the prosecution to show that the defendant has engaged in conduct that is similar to the charges that are against them. However, there are various scenarios where this kind of evidence can aid you in your defense. Sexual assault and domestic violence are the most common types of cases for this kind of evidence but it more generally applies to evidence of other crimes, wrongs, or acts of any person

What is 404(b) evidence?
404(b) evidence is a rule of criminal evidence to show other wrongs, acts, or
crimes. However, this evidence is not submitted for the purpose to prove the bad character of a person, it does have a much larger scope. Evidence submitted under this rule is to show:

1) proof of motive,

2) opportunity,

3) intent,

4) preparation,

5) plan,

6) knowledge,

7) identity,

8) or absence of mistake, entrapment, or accident.

The timing of the act or wrong that is trying to be submitted into evidence is not as important as you would think. The crime or act being submitted does not have to come before the crime being charged, it can be an act that happened after the charges that you are facing. This is important because it forces people to have to be conscious of their behaviors even after someone is charged with a crime.

404(b) evidence doesn’t have to be an act or crime that lead to a conviction. This is extremely important because it goes to the threshold of what is allowed into the courtroom and what is not. All it takes is an accusation that someone has done something similar for the evidence to be submitted to the court. You don’t need paperwork or proof, all you need is someone to come in and say that the defendant (or the victim) has engaged in acts similar to the current charges.

Test of Admissibility
In order for this rule to be relevant evidence, there must be sufficient reason that the person committed the crime and that there is a reason other than to make a statement of someone’s character. Once it is established, again this can be as simple as someone accusing you, that the defendant committed the crime, then there is an analysis that takes place to see if the information is relevant under the 404(b) rule of evidence. This analysis looks like the diagram above.

What is 404(b) evidence? - The Law Office of M. Colin Bresee
 
Sam Kraemer‏ @SamKraemerTV
He says it’s a far cry from real proof of abuse & violence. @KOAA #KelseyBerreth #PatrickFrazee

9:00 AM - 18 Oct 2019

Sam Kraemer‏ @SamKraemerTV
Judge says he does not find an allegation of Frazee abusing an animal is factually relevant in this case. As to Part 2 of the 404b evidence motion, the judge says no. It will not be allowed. @KOAA #KelseyBerreth #PatrickFrazee

8:59 AM - 18 Oct 2019

Sam Kraemer‏ @SamKraemerTV
State said it helped show Frazee’s experience using a bat or metal rod as a weapon. Judge Scott Sells does not agree. @KOAA #KelseyBerreth #PatrickFrazee

9:03 AM - 18 Oct 2019
 
Sam Kraemer‏ @SamKraemerTV
Judge says he’s schedule another hearing for a third person’s statement to discuss that evidence, which apparently involves the size of Teller County. @KOAA #KelseyBerreth #PatrickFrazee

9:04 AM - 18 Oct 2019

Sam Kraemer‏ @SamKraemerTV
Next motion involves residual hearsay. Viehman says the statements that look to admit were all made by Kelsey Berreth. @KOAA #KelseyBerreth #PatrickFrazee

9:05 AM - 18 Oct 2019

Sam Kraemer‏ @SamKraemerTV
They look to admit *

9:05 AM - 18 Oct 2019

Sam Kraemer‏ @SamKraemerTV
Stiegerwald says it lacks analysis of the trustworthiness of those statements. Viehman says several of the statements, including those to her mother on Thanksgiving Day, would be covered by exceptions. @KOAA #KelseyBerreth #PatrickFrazee

9:07 AM - 18 Oct 2019
 
Sam Kraemer‏ @SamKraemerTV
Viehman says she told coworkers about a strange person bringing her coffee, referencing Krystal Kenney. @KOAA #KelseyBerreth #PatrickFrazee

9:08 AM - 18 Oct 2019

OF COURSE IT WAS STRANGE!!

@SamKraemerTV
Judge says the 5-6 statements attributed to Cheryl Berreth will be allowed in court. He says it’s trustworthy under law. @KOAA #KelseyBerreth #PatrickFrazee

9:13 AM - 18 Oct 2019

Sam Kraemer‏ @SamKraemerTV
Regarding a statement made by Kelsey to her mother, saying she might leave Frazee, Judge Sells that too will be allowed. @KOAA #KelseyBerreth #PatrickFrazee

9:15 AM - 18 Oct 2019
 
Sam Kraemer‏ @SamKraemerTV
Judge now talking about Robert Hill, who prosecutors say was a coworker of Kelsey’s at Doss Aviation. Judge is now looking at statements from Hill. @KOAA #KelseyBerreth #PatrickFrazee

9:19 AM - 18 Oct 2019

Sam Kraemer‏ @SamKraemerTV
Judge says Berreth described Frazee to Hill utilizing genitalia. He says it’s crude, but he doesn’t find it self-serving or fictitious. Judge will allow that statement. @KOAA #KelseyBerreth #PatrickFrazee

9:20 AM - 18 Oct 2019

JUDGE ALLOWING THAT PF IS A D***K!!
 
Sam Kraemer‏ @SamKraemerTV
Judge is allowing another statement from Kelsey to Hill about someone coming to her house & delivering coffee. @KOAA #KelseyBerreth #PatrickFrazee

9:21 AM - 18 Oct 2019

Sam Kraemer‏ @SamKraemerTV
Judge is allowing another statement from Kelsey to Hill about someone coming to her house & delivering coffee. @KOAA #KelseyBerreth #PatrickFrazee

9:21 AM - 18 Oct 2019

Sam Kraemer‏ @SamKraemerTV
Judge now looking at Kelsey’s communication with Carolyn Sharp (spelling?), another Doss Aviation coworker. Judge says Kelsey’s statement involves Frazee’s treatment of her. It’s allowed. @KOAA #KelseyBerreth #PatrickFrazee

9:22 AM - 18 Oct 2019
 
Sam Kraemer‏ @SamKraemerTV
Judge now looking at statements made by a man identified as Mr. Jeffries (spelling?), another Doss Aviation coworker. Judge denies a first statement involving something with a medical office. He says it isn’t relevant. @KOAA #KelseyBerreth #PatrickFrazee

9:25 AM - 18 Oct 2019

Sam Kraemer‏ @SamKraemerTV
More statements show Berreth describing her mental state, why she went to CA for treatment and more on her relationship with Frazee. Judge will allow that. @KOAA #KelseyBerreth #PatrickFrazee

9:26 AM - 18 Oct 2019


Sam Kraemer‏ @SamKraemerTV
Statements Kelsey made to another Doss coworker show her describing how important her daughter is to her life. Judge will allow that. @KOAA #KelseyBerreth #PatrickFrazee

9:27 AM - 18 Oct 2019


Sam Kraemer‏ @SamKraemerTV
A statement regarding potential future changes about her relationship with Frazee is also going to be allowed. @KOAA #KelseyBerreth #PatrickFrazee

9:28 AM - 18 Oct 2019
 
Sam Kraemer‏ @SamKraemerTV
Judge now addressing statements Berreth made to a long-time friend. It includes comments Frazee reportedly made to her, as well as more on their relationship. Judge says they are allowed. @KOAA #KelseyBerreth #PatrickFrazee

9:31 AM - 18 Oct 2019

Sam Kraemer‏ @SamKraemerTV
Judge says he’ll have a closed hearing shortly to discuss jury selection issues. @KOAA #KelseyBerreth #PatrickFrazee

9:32 AM - 18 Oct 2019

Sam Kraemer‏ @SamKraemerTV
Stiegerwald is voicing some frustration about the amount of discovery he’s still receiving, including information that the El Paso County Coroner could be called to the stand. @KOAA #KelseyBerreth #PatrickFrazee

9:34 AM - 18 Oct 2019

Sam Kraemer‏ @SamKraemerTV
He says he’s gotten a year’s worth of work in the last two weeks. Stiegerwald offered the idea of a continuance or having the state clearly identify what the discovery will he used for. @KOAA #KelseyBerreth #PatrickFrazee

9:35 AM - 18 Oct 2019

Sam Kraemer‏ @SamKraemerTV
Stiegerwald says he received DNA analysis on his way to court today. He’s asking if the state has any remaining evidence that it must be turned over today. @KOAA #KelseyBerreth #PatrickFrazee

9:36 AM - 18 Oct 2019

Sam Kraemer‏ @SamKraemerTV
He says he doesn’t see how his team can properly prepare to represent Frazee under these circumstances. Viehman says as soon as they get evidence, they immediately turn it over to the defense. @KOAA #KelseyBerreth #PatrickFrazee

9:37 AM - 18 Oct 2019

Sam Kraemer‏ @SamKraemerTV
For example, El Paso County Coroner recently ran x-rays on undisclosed pieces of evidence. @KOAA #KelseyBerreth #PatrickFrazee

9:39 AM - 18 Oct 2019

Sam Kraemer‏ @SamKraemerTV
Judge says he does not want a continuance in this case. State pointed out they are compiling everything they have to give to the defense today. Judge leaves it at that. @KOAA #KelseyBerreth #PatrickFrazee

9:43 AM - 18 Oct 2019

Sam Kraemer‏ @SamKraemerTV
And that’s a wrap for open hearings. @KOAA #KelseyBerreth #PatrickFrazee

9:44 AM - 18 Oct 2019

And thank you Sam and @KOAA
 
Patrick Frazee murder hearing: 'Bludgeoning of cow' allegations made

CRIPPLE CREEK — A judge denied prosecutors’ last-minute bid to air accusations at trial that Patrick Frazee bludgeoned a cow sometime before investigators say he beat his fiancée to death with a baseball bat at her Woodland Park townhome.

The ruling by 4th Judicial District Court Judge Scott Sells highlighted a flurry of moves by prosecutors and defense attorneys in Frazee’s final court appearance before the Florissant man heads to a nationally-watched trial later this month.

Patrick Frazee murder hearing: 'Bludgeoning of cow' allegations made
 
MassGuy said:
Patrick Frazee murder hearing: 'Bludgeoning of cow' allegations made

CRIPPLE CREEK — A judge denied prosecutors’ last-minute bid to air accusations at trial that Patrick Frazee bludgeoned a cow sometime before investigators say he beat his fiancée to death with a baseball bat at her Woodland Park townhome.

The ruling by 4th Judicial District Court Judge Scott Sells highlighted a flurry of moves by prosecutors and defense attorneys in Frazee’s final court appearance before the Florissant man heads to a nationally-watched trial later this month.

Patrick Frazee murder hearing: 'Bludgeoning of cow' allegations made
Click to expand...

I wish so bad the trial was going be televised on national TV.
 
I was 20/80 this morning whether we'd have surprise guilty plea deal announced... but maybe his defense promised they wouldn't allow how he beat his own cattle with a bat come in to evidence, and he was satisfied to go all the way....#keepmydirtysecrets.
 
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