GUILTY CO - Kelsey Berreth, 29, Woodland Park, Teller County, 22 Nov 2018 - *Arrest* #70

[GordianKnot]

Thank you.
I was wondering if the fact that she lied at first and was not cooperative until she was backed into a corner AND that she went to extremes to cover up and get rid of so much evidence might be a factor.

It's not like all she did was get rid of a cell phone. She spent months helping to plan a murder and then went above and beyond to make sure all the evidence was gone.
She showed no remorse during all that time.
That her co-workers testified that she seemed upset when she returned to work just tells me she was worried she would get caught.
If she really felt remorse I think she would have broken down and confessed to someone earlier. A kind and caring person (which her friends claimed she was) wouldn't have lasted one day without breaking down from guilt and remorse.
Yet she went on day after day like nothing happened.

Imo

Seriously, if the court can't look at the totality of the circumstances surrounding KK's"evidence tampering" and see a plethora of aggravated factors, they might as well strike that language from Colorado's criminal code.

Context matters here.

KK tampered with evidence related to a vicious, violent, brutal murder.

She was fully aware of what she was doing.
She was not an unwitting accomplice.
She was not under duress.

Nobody forced her to make that Sonic run.

I'm sure she'll put on a display of crocodile tears for Judge Sells at sentencing, accompanied by some annoying sniffs, snorts and twitches.

She really ought to save herself the bother.
Nobody's buying her act of contrition.

KK's nothing but a cold-hearted snake.

Despicable creature.

JMO.

 

[susiQ]

Seriously, if the court can't look at the totality of the circumstances surrounding KK's"evidence tampering" and see a plethora of aggravated factors, they might as well strike that language from Colorado's criminal code.

Context matters here.

KK tampered with evidence related to a vicious, violent, brutal murder.

She was fully aware of what she was doing.
She was not an unwitting accomplice.
She was not under duress.

Nobody forced her to make that Sonic run.

I'm sure she'll put on a display of crocodile tears for Judge Sells at sentencing, accompanied by some annoying sniffs, snorts and twitches.

She really ought to save herself the bother.
Nobody's buying her act of contrition.

KK's nothing but a cold-hearted snake.

Despicable creature.

JMO.

Thank you! Thank you!! Thank you!!!
I just love how you "tell it like it is."

I wait in hope that Judge Sells sees her for all she is and isn't. 3 years is NOTHING for what she did. He gave PF exactly what he deserved. Let's hope he gives her the max he is able.

 

[crhedBngr]

Waiting with bated breath . . .

 

[MsBetsy]

Waiting with bated breath . . .

So am I and I don't understand why it has taken forever to sentence this woman.
The trial was over before Thanksgiving.

Why does she get special treatment?

 

[justaparent]

Forgive me if you've already discussed this but do you expect KK's children to be paraded into court as a way to gain sympathy for her in the judge's eyes?

Could they even be marched up to the stand to speak (and perhaps to cry)?

I don't remember their ages but it's hard for me to imagine a mother putting her children through that.
Then again, KK is not like any mother I've ever known.

MOO.

I know they will put on a show as best they can but the children’s dad would be crazy to allow this.

I may be totally incorrect but think that Judge Sells already knows where he is going with her sentencing. The pony show is a formality.

Again, MOO.

 

[gitana1]

*Disclaimer: IANALTG, but I've been rooting around a little bit online trying to figure out the answer to that question. Here's what I found:

2016 Colorado Revised Statutes :: Title 18 - :: Criminal Code :: Article 1.3 - :: Sentencing in Criminal Cases :: Part 4 - :: Sentences to Imprisonment :: § 18-1.3-401. Felonies classified - presumptive penalties

SABBM:

(8) (a) The presence of any one or more of the following extraordinary aggravating circumstances shall require the court, if it sentences the defendant to incarceration, to sentence the defendant to a term of at least the midpoint in the presumptive range but not more than twice the maximum term authorized in the presumptive range for the punishment of a felony:

(I) The defendant is convicted of a crime of violence under section 18-1.3-406;

(II) The defendant was on parole for another felony at the time of commission of the felony;

(III) The defendant was on probation or was on bond while awaiting sentencing following revocation of probation for another felony at the time of the commission of the felony;

(IV) The defendant was under confinement, in prison, or in any correctional institution as a convicted felon, or an escapee from any correctional institution for another felony at the time of the commission of a felony;

(V) At the time of the commission of the felony, the defendant was on appeal bond following his or her conviction for a previous felony;

(VI) At the time of the commission of a felony, the defendant was on probation for or on bond while awaiting sentencing following revocation of probation for a delinquent act that would have constituted a felony if committed by an adult.

(b) In any case in which one or more of the extraordinary aggravating circumstances provided for in paragraph (a) of this subsection (8) exist, the provisions of subsection (7) of this section shall not apply.

(c) Nothing in this subsection (8) shall preclude the court from considering aggravating circumstances other than those stated in paragraph (a) of this subsection (8) as the basis for sentencing the defendant to a term greater than the presumptive range for the felony.
It looks like having a prior record might be considered an aggravating factor, as would committing the felony while on parole or probation, none of which would apply to the side piece.
______________________________________

If, and this is a BIG if, but IF I'm reading the bolded section correctly, even though the prior subsections under 8 identify specific aggravating circumstances which require the court to impose sentences which begin at least at the midpoint of the sentencing range, it looks like the court still has discretion to find "other aggravating circumstances" that weren't specifically identified, i.e, they don't "preclude" the court from finding other factors aggravators.

If that's the case, the law might give Judge Sells the judicial discretion to find that illegally entering a murdered mother's home and scrubbing her lifeblood from walls, floors, ceilings, etc., before heading over to stand watching impassively as her body is burned in a gasoline-soaked trough, actually does merit a little extra time in the Big House.

@gitana1, we could sure use your expertise here…is my interpretation of the language here correct?

Frankly, I'll be beyond thrilled if the side piece gets sentenced to 3 years.

Right now, the only thing I'm fairly confident of is that she'll get handed down the max sentence allowed absent aggravating factors, which is 18 months.

I'm going to be headed for a lengthy TO if Judge Sells imposes any sentence <18 months.

I'm sure I'll have plenty of good company, though.

JMO.

Sorry for not answering sooner. I’ve been super busy!

I agree she will get 18 months. I doubt he will stretch the aggravators to give her more but it’s possible. Sure hope so. I’m glad she talked and ensured his conviction for murder. But I think we all know she conspired to commit murder, which appears to be an 8-24 year sentencing range.

So 3 years would be something tangible.

I doubt she will get that though. The court system wants to encourage cooperation with the authorities. Not set precedent to punish it. You know what I mean?

I can only take solace in the fact that she ruined her life, prison or not. Her career is over. Her reputation is demolished. Before this the best she felt she could get was a Patrick Frazee. Now it’s even worse.

 

[GordianKnot]

Sorry for not answering sooner. I’ve been super busy!

I agree she will get 18 months. I doubt he will stretch the aggravators to give her more but it’s possible. Sure hope so. I’m glad she talked and ensured his conviction for murder. But I think we all know she conspired to commit murder, which appears to be an 8-24 year sentencing range.

So 3 years would be something tangible.

I doubt she will get that though. The court system wants to encourage cooperation with the authorities. Not set precedent to punish it. You know what I mean?

I can only take solace in the fact that she ruined her life, prison or not. Her career is over. Her reputation is demolished. Before this the best she felt she could get was a Patrick Frazee. Now it’s even worse.

Thanks for offering your professional insights and for taking the time to questions r/t sentencing, gitana!

I do understand the issue r/t wanting to promote cooperation w/ authorities, not discourage it.
I think KK's plea deal itself was such a sweetie beauty to begin with, that the deal in and of itself goes to promote cooperation with authorities.
KK could have been charged with much more serious crimes.

It was her cooperation that led LE to all that evidence against PF, though.
Her cooperation, including her testimony, cemented PF's conviction.
So there's that.

The DA is on his way out of the office d/t term limits this year, so I don't think he's going to be as worried about what type of precedent it would set vis a vis future cooperation from co-conspirators as he may otherwise have been.

I've always thought having to make the deal really, really stuck in Dan May's craw, and hearing what he said after the trial further convinced me of that, i.e., he described KK's deal as being a "deal with the devil" and said he's "not proud of it."

I do anticipate that Dan May will push the judge to find there are aggravating factors that warrant him coloring outside the lines with his orange crayon.

We know that Kelsey's mom is horrified and disgusted by the deal that KK received, and I'll be shocked if she hasn't at a bare minimum written a scathing letter to the court expressing that KB's family wants to see her receive the harshest penalties allowable under the law.

Having said all that, I'm pretty well prepared to see an 18-month sentence handed down by the court next Tuesday. Don't like it, but ready for it.

Anything <18 months, and Judge Sells is going to be permanently stricken from my Christmas card list, the fact that I don't actually have a Christmas card list, notwithstanding.

And I hope she has to serve her time in Colorado.
NOT in Idaho, where she'd get friends and family visiting her.

JMO.

 

[Seattle1]

Frazee trial: Krystal Lee Kenney to be sentenced next month

Dec 2, 2019

Kenney appeared in Teller County court for a review hearing Monday morning. At the hearing, her sentencing date was set for January 28 at 9 a.m.

In court Monday, Kenney didn’t say a word to the judge or to anyone. Her attorney asked the judge about a video she wanted to share during the sentencing phase so people wouldn’t have to travel from Idaho to testify for Kenney. The judge said she would need to show him and the people the video weeks before airing it in court at the sentencing.

[..]

When she is sentenced, Kenney faces up to three years behind bars.

The Berreth Family will likely call in to hear the sentencing for Kenney which is expected to last at least two hours. The Berreth’s have said they have yet to see any remorse from Kenney and that she was an active participant in the crime, “all she didn’t do was swing the bat.”

^^bbm

 

[gliving]

Clayton Sandell
@Clayton_Sandell

On Tuesday, one last hearing in a case we’ve covered for more than a year. Krystal Lee will be sentenced for her role helping lover Patrick Frazee after he murdered Kelsey Berreth. A judge just ruled cameras will NOT be allowed in court. Lee could get 3 years behind bars.
@abc
7:56 AM · Jan 24, 2020·

 

[Seattle1]

https://www.courts.state.co.us/user...ofinterest/2019CR17/KLK Decorum 1_28_2019.pdf

NO LIVE REPORTING OF ANY KIND is permitted from Division 11 or the courthouse.

Looks like reporters will have to tweet from outside but not required to cross the street. (No courthouse boundaries written here as with PF trial).

There's also another jury trial scheduled for Jan 28 so that will make for a packed courthouse in Cripple Creek. Arrive early travelers!

 

[Seattle1]

Krystal Kenney sentencing set for January in Teller County

Dec 2, 2019

[..]

Before she spoke to investigators in December 2018, she entered into a deal to plead guilty to a physical evidence tampering charge for her role in moving and destroying Berreth's cell phone.

If the crime is found to have an aggravating factor, like it happened inside Berreth's townhome, Kenney could face a maximum of three years in prison. If not, she faces a reduced maximum of 18 months, though the crime does not carry mandatory prison time.

Dru Nielsen, Kenney's attorney, indicated she intends to file a motion citing case law to show Kenney's actions were not aggravated. Judge Scott Sells gave her a two-week window to file, and then gave prosecutors another two weeks after that to respond. bbm

ETA: Kenney's attorney Nielsen's motion to show KK's actions not aggravated and the prosecutors response do not appear on her case details page. Hmmm?

 

[Seattle1]

So am I and I don't understand why it has taken forever to sentence this woman.
The trial was over before Thanksgiving.

Why does she get special treatment?

No special treatment -- Sam addressed this earlier -- a statutory rule prohibited KK's sentencing to occur any earlier than 8 weeks after PF's sentencing.

(I think the time-lapse may have to do with processing PF and transferring him from jail to prison before KK could be sentenced -- i.e., PF had to be finished in the court system).

Now if KK does not have to go straight to corrections facility after her sentencing -- that's special treatment!

MOO

 

[lindaromas]

I'm sorry but I just cant see Judge Sells giving any less than the 3 years for her participation and the fact that she could have stopped it from even happening. I think we all know she deserves so much more time than the 3 yrs! JMO

 

[Seattle1]

I'm sorry but I just cant see Judge Sells giving any less than the 3 years for her participation and the fact that she could have stopped it from even happening. I think we all know she deserves so much more time than the 3 yrs! JMO

I really wanted to read KK's attorney's motion why her client should not get 3 years (aggravators). She did a good job keeping the motion private.

 

[GordianKnot]

I'm sorry but I just cant see Judge Sells giving any less than the 3 years for her participation and the fact that she could have stopped it from even happening. I think we all know she deserves so much more time than the 3 yrs! JMO

BBM:

Oh, we're all agreed that KK deserves much more time than she's going to receive.

I think Judge Sells would personally agree with us that whatever sentences he imposes will be much less time than she merits…in fact, I expect he'll say as much at her sentencing.

The difficulty for Judge Sells is that he's obliged to follow the law, and it's going to be a matter of whether or not he can legally find that there are aggravated factors that warrant him going above and beyond normal sentencing guidelines.

The fact that after PF's conviction, DA May stated that KK could be sentenced to "up to 3 years in prison" does give me some hope that Judge Sells didn't buy whatever KK's attorney tried to sell him in her motion attempting to show that KK's actions weren't aggravated.

We obviously haven't seen that motion, or the DA's response, but the fact that Dan identified KK's potential max sentence as 3 years vs. 18 months would seem to indicate that the DA successfully rebutted whatever KK's lawyer argued in that motion.

We'll see.

3 years ain't a slam dunk.

Justice and The Law aren't always kissing cousins.

JMO.

 

[lindaromas]

BBM:

Oh, we're all agreed that KK deserves much more time than she's going to receive.

I think Judge Sells would personally agree with us that whatever sentences he imposes will be much less time than she merits…in fact, I expect he'll say as much at her sentencing.

The difficulty for Judge Sells is that he's obliged to follow the law, and it's going to be a matter of whether or not he can legally find that there are aggravated factors that warrant him going above and beyond normal sentencing guidelines.

The fact that after PF's conviction, DA May stated that KK could be sentenced to "up to 3 years in prison" does give me some hope that Judge Sells didn't buy whatever KK's attorney tried to sell him in her motion attempting to show that KK's actions weren't aggravated.

We obviously haven't seen that motion, or the DA's response, but the fact that Dan identified KK's potential max sentence as 3 years vs. 18 months would seem to indicate that the DA successfully rebutted whatever KK's lawyer argued in that motion.

We'll see.

3 years ain't a slam dunk.

Justice and The Law aren't always kissing cousins.

JMO.

I think the judge in the Skylar Richardson case was floored by the juries verdict. I worked in that court house for several years. I know I was floored too! Hoping something similar doesn't happen in this case.

 

[dkryder]

it would be lovely if on the roads for 2 miles in every direction leading into and away from the courthouse there would be large photos of kelsey on poster boards along the side of the roads every 100 feet or so. KK is such a coward she would probably close her eyes after the first few but maybe kelsey's image would be still visible in that darkness of her closed eyes. maybe after she gets settled in where ever she's going she will receive a photo of kelsey every month in the mail along with a short polite note on what a loser she is.

 

[LovesPeace2]

Just a few more days .i really hope your nerves are getting to ya I hope ya can’t sleep . It’s really not fair your kids get to see ya babygirl will never see her mom again they can’t even put Kelsey to rest .they can never give you what you deserve but atleast the public including your children know what you did . I hope you get 3 years in a bedbug infested cell. A girl can dream jmoo moo moo

 

[Seattle1]

I think the judge in the Skylar Richardson case was floored by the juries verdict. I worked in that court house for several years. I know I was floored too! Hoping something similar doesn't happen in this case.

As a local, that verdict must have been difficult for you to hear. Even though the judge on that case was bound by the sentencing guidelines for the crime the defendant was convicted of (similar to Judge Sells here), he did not mince his words when delivering the sentence-- albeit a limited penalty. MOO

 

[PommyMommy]

Rob Quirk on Twitter
Sam, oh Sam,... #KrystalKenney sentencing on Tuesday, they flying you back in for a special report? Sorry Coral, had to jump in on the #SamKraemerTV post.
8:51 PM - 24 Jan 2020