Court documents detail Idaho nurse's role in death of Kelsey Berreth
KTVB spoke with former Idaho attorney general and lieutenant governor, Dave Leroy about how a deal like that comes about and if a judge can throw out that deal if more information is released.
“She is both a criminal and a witness and in this case. They determined it was so important that she be available as a witness, they gave her a favorable plea deal,” Leroy said. “The authority that the judge will have in regard to Ms. Lee is simply to sentence her within the maximum or minimums of the crime that is presented to him or her."
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“Ms. Lee, the Idaho resident, actually was a principle as a criminal in a couple of things, she destroyed evidence here in Idaho, she gave initially false statements to investigators in Idaho, both of those are crimes here,” Leroy said.
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When it comes to the Colorado activity though, Leroy says, Kenney is considered an accessory after the fact.
ETA: Obviously, Colorado agreed not to charge KB for accessory after the fact and settled with tampering charge pursuant to her plea agreement.