CO CO - Kelsey Berreth, 29, Woodland Park, Media, Maps and Timelines *NO DISCUSSION*

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JAN 28, 2019
Fiance of missing mom wants wrongful death lawsuit against him dismissed
The fiancé of missing Colorado mother Kelsey Berreth is arguing to have a federal wrongful death lawsuit against him dismissed, claiming that Berreth's parents do not have legal standing to sue him.

The motion was filed Monday by Patrick Frazee’s legal team in response to a federal wrongful death lawsuit brought against him by Berreth’s parents, Cheryl and Darrell Berreth.

"Under Colorado law, parents can only bring a lawsuit if there is no living spouse or child," Frazee’s attorney, Jennifer Stock, told ABC News.

"When a decedent has either a surviving spouse or child, the decedent’s parents do not have standing to bring a claim of wrongful death," Frazee’s motion says. "Here, decedent Kelsey Berreth is survived by her one year old daughter. Therefore, plaintiff parents lack standing to bring a wrongful death lawsuit against the defendant."
 
JAN 28, 2019
Sam Kraemer on Twitter
JUST IN: Patrick Frazee has filed a motion to dismiss the wrongful death lawsuit brought against him by Kelsey Berreth's parents. @KOAA #PatrickFrazee#KelseyBerreth
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JAN 28, 2019
Patrick Frazee files motion to dismiss wrongful death lawsuit
Frazee’s attorney argues her parents do not have legal standing under Colorado law as Berreth has a surviving child. The motion filed in federal court claims state law only allows parents to file a wrongful death lawsuit if “the deceased is an unmarried minor without descendants or an unmarried adult without descendants and without a designated beneficiary.”

The motion also claims the parents cannot claim infliction of emotional distress because “they were not the targets of the alleged actions causing the wrongful death of Kelsy (sic) Berreth nor were they physically present or physically injured on the occasion of the alleged wrongful death.”

Berreth’s parents, Cheryl and Darrell Berreth, filed the lawsuit on Jan. 4. The causes of action in their lawsuit included wrongful death, negligence per se, civil conspiracy and intentional infliction of emotional distress.
 
JAN 28, 2019 - Wrongful Death Lawsuit and Defendant's Motion to Dismiss
Attorneys for Frazee file motion to have civil lawsuit for Kelsey Berreth's death dropped
An attorney for Frazee in the civil case confirmed with 11 News Frazee's legal team filed a motion on Monday to have a federal wrongful death lawsuit dropped.

The parents of Berreth filed the civil lawsuit highlighting multiple reasons for the action citing economic loss and damages, grief, emotional distress and suffering, and loss of quality of life.

Both documents:
 

Attachments

  • Wrongful Death Lawsuit.pdf
    1.3 MB · Views: 5
  • Frazee Motion to Dismiss Wrongful Death.pdf
    218 KB · Views: 7
FEb 4, 2019

Clayton Sandell on Twitter
Breaking on @GMA: PLEA DEAL. Krystal Lee, Idaho nurse suspected of helping Patrick Frazee dispose of evidence in the #KelseyBerreth case, is expected to plead guilty this Friday in a Colorado courtroom. Details:

Nurse in missing-mom case to plead guilty
Krystal Lee, 32, is scheduled to appear in a Colorado courtroom this week to enter a plea deal with prosecutors, according to two of Lee's relatives who spoke anonymously because the deal hasn't been publicly announced. Family members said Lee has been cooperating with investigators, who have been looking into allegations Lee may have disposed of evidence.

It's not yet clear what charge or charges Lee is expected to plead guilty to, or whether she'd face jail time. Attempts to reach Lee's attorney have been unsuccessful.

A spokeswoman for District Attorney Dan May would not confirm or comment on any potential plea, but she did confirm that Lee has a court date set for Friday, Feb. 8, in Teller County.

"This case is under seal," said Lee Richards, a spokeswoman for Colorado's 4th Judicial District Attorney's office.

According to two family members, Lee said she only helped Frazee because he threatened her life.
 
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FEB 4, 2019
Woman linked to Kelsey Berreth case expected in Teller County court
Krystal Lee, 32, is scheduled to appear in a Teller County courtroom in Cripple Creek this week to enter a plea deal with prosecutors, according to two of Lee's relatives who spoke anonymously because the deal hasn't been publicly announced. Family members said Lee has been cooperating with investigators, who have been looking into allegations Lee may have disposed of evidence.

It's not yet clear what charge or charges Lee is expected to plead guilty to, or whether she'd face jail time. Attempts to reach Lee's attorney have been unsuccessful.
 
FEB 4, 2019
Idaho nurse linked to Berreth fiance due in court Friday in Colorado
A spokesperson for the 4th Judicial District Court confirms Krystal Lee will be in court Friday, in Teller County, Colorado. Lee is scheduled to appear in court at 8:30 a.m.

However, officials would not give any more information, saying the case is sealed.

KMVT was the first to reveal Krystal Lee to the nation, when a local attorney and his wife came forward with information and called the FBI.

Joe and Patty Rockstahl talked with KMVT, and later CBS News, and since that interview, KMVT has learned others have come forward with information for the FBI.

However, one of those contacts won't talk with KMVT, as they have been silenced by the FBI. An Idaho connection to the case first began when Kelsey Berreth's cell phone pinged in Idaho.

Berreth's fiancé, Patrick Frazee, is accused of killing her. According to KMVT’s interview with the Rockstahls, Lee is a friend to Frazee and traveled to his house sometime in November.
 
FEB 4, 2019
Nurse in missing-mom case to plead guilty
Lee had been employed as a nurse at St. Luke's Magic Valley Medical Center in Twin Falls, Idaho. But on Monday, hospital spokeswoman Michelle Bartlome told ABC News that "an individual by that name no longer works at the hospital."

In January, hospital officials said Lee was on a leave of absence.

It's not yet clear what charge or charges Lee is expected to plead guilty to, or whether she'd face jail time. Attempts to reach Lee's attorney have been unsuccessful.
 
FEB 4, 2019

https://twitter.com/4thJudicialDA/status/1092576835320201216
A hearing for Krystal Jean Kenney (Lee) has been set for 8:30 Friday, Feb. 8, in Div. 11 - Teller County. (She faces 1 count of Tampering with Physical Evidence, a Class 6 Felony.) #2019CR17

Sam Kraemer on Twitter
Based on the paperwork filed, police believe Kenney destroyed evidence on Nov. 24. That’s two days after Berreth was last seen publicly. #KelseyBerreth #PatrickFrazee @KOAA

Sam Kraemer on Twitter
BREAKING: Krystal Kenney is facing charges of Tampering with Physical Evidence-Destroy. Formal complaint was filed today, though she hasn’t been formally charged. Plus, prosecutors have a date in question. I’ll explain coming up on @KOAA

Chris Halsne on Twitter
Idaho nurse, who dated accused killer Patrick Frazee, faces felony "Tampering w/ Physical Evidence" in #kelseyberreth homicide investigation. Krystal Jean Kenney (Lee) in Teller Co court Friday. More @KDVR tonight.
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FEB 4, 2019
Twin Falls nurse has court hearing in case connected to Colorado woman's disappearance
KKL HOME.JPG
A no-trespassing sign greets visitors Jan. 7 at the Lee property south of Kimberly.

A Magic Valley woman is expected to appear this week in a Colorado courtroom in connection with the disappearance of a Colorado mom.

Krystal Kenney, a 32-year-old nurse from Kimberly, is scheduled to appear in court at 8:30 a.m. Friday in Teller County, Colo., according to the Fourth Judicial District Attorney's Office. Kenney, also known as Krystal Lee, has been under investigation for disposing of evidence in the woman's disappearance, ABC News reports."

"Kenney, the 2008 Rodeo Queen of the Magic Valley, will appear Friday in an advisement hearing, her first appearance in Colorado court, according to court records.

The district attorney's office had not revealed Kenney's name until now, saying the case has been sealed from the start. Law enforcement has not revealed the relationship between Kenney and Frazee.

DA spokeswoman Lee Richards told the Colorado Springs Gazette there is a “case” against Kenney.
 
FEB 4, 2019
Idaho woman facing charges in Kelsey Berreth investigation
Krystal Kenney, 32, of Idaho, faces one count of tampering with physical evidence, which is a Class 6 felony. Specifically, police believe Kenney destroyed evidence, though she has not been formally charged yet.

Class 6 felonies are punishable with 12 to 18 months in prison, as well as a fine between $1,000 and $100,000. Right now, it’s unclear what correspondence Kenney has had with investigators, or if she’s working toward a plea deal.

Her court appearance is set for 8:30 a.m. Friday.

Based on the formal complaint filed Monday, police believe Kenney destroyed evidence on Nov. 24. That’s two days after Berreth was last seen publicly in Woodland Park.

The 4th Judicial District Attorney’s Office, which is prosecuting the case, has not said what evidence they believe Kenney tampered with. It’s also unknown how her case will impact the murder case against Patrick Frazee.
 

Attachments

  • KK complaint.pdf
    65.9 KB · Views: 5
FEB 5, 2019
Rob McCallum on Twitter
For all future #KelseyBerreth hearings in Teller County: 1 pool camera and 1 still camera in the courthouse. No video or still cameras in the courtroom. Tweeting will be allowed in the courtroom. Laptops for note taking are also allowed in the courtroom.

https://twitter.com/rwmccallum/status/1092831001506508800
#KelseyBerreth
18JV26 Teller County Custody hearing 2/7 at 8:30 am

19CR16 Teller County People v. Krystal Jean Lee Kenney 2/8 at 8:30 am 1 count tampering with evidence (felony 6)

18CR330 Teller County People v. Patrick Frazee 2/19 at 9 am Preliminary hearing.

Rob McCallum on Twitter
All publicly available documents in the Teller County court cases involving #KelseyBerreth have been posted to:

Colorado Judicial Branch
 
FEB 5, 2019
Idaho nurse to be charged in connection to Kelsey Berreth's disappearance
Krystal Lee, 32, from Twin Falls, Idaho, is expected to appear in court in Teller County, Colorado on Feb. 8. on a count of tampering with physical evidence, according to Colorado's 4th Judicial District Attorney Dan May's office.

A Twin Falls Sheriff's Office spokeswoman first told NBC News in early January that a woman was suspected of disposing of Berreth's cell phone after investigators discovered the victim's phone had pinged to a location around 800 miles away from her home in Gooding, Idaho, on Nov. 25 — three days after she went missing.
 
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