CO CO - Kelsey Berreth, 29, Woodland Park, Teller County, 22 Nov 2018 - #13 *ARREST*

[Stunned]

Not wanting to get off track, but in that case her dad did her no favors in life. Makes me so sad and furious at the same time.

That was such a disturbing thread! Mental illness at its worst!

 

[charminglane]

I'm going to find a picture of Nick Foles and make that my avatar...

off topic-
Foles lives next door to my Uncle.

 

[Hatfield]

Did PF not know he had her phone with him? Sorry, I can't keep up with all the posts.

LE still has not found the actual phone but they claimed in the press conference that the phone pinging in Idaho did indicate that the phone was there in Idaho somewhere.

Still not sure who may have brought it there or how the phone got there and LE is trying to locate it still. Along with trying to find Kelsey who is not found yet either.

 

[Gardener1850]

OMG his lawyer thinks he is guilty so bolted???

Or maybe PF can't afford to pay the big shot Criminal Defense Attorney for going to trial?

 

[Seattle1]

Yeah, I mean this is first degree murder. I would guess 100k at least.

But I also bet they'll bet the farm to get him private representation.

There are sometimes patterns in these murder cases when the murderer is male and kills his significant other. Enmeshed with parents who feel he can do no wrong. Dependency.

I predict they'll rally around and come up with the funds to get lil' Bubba out of trouble, probably not the first time.

I believe PF is the youngest of SF children. And it wouldn't be the first mother to go against the wishes of her other children. MOO

 

[CrimeAddict]

I still want some evidence... they are so closed mouthed about this.. Maybe something will leak after the next hearing..

 

[Lhughessk]

Every time I see his mug shot....

STUART!

 

[tmar]

I was just thinking how sad it is that her daughter is so young. It’s so much effort to take care of a child that age. Every spare moment KB had would have been spent with her daughter. Yet her daughter is too young to remember any of it in the long run. So depressing I hope they have a lot of pictures together and that her family writes down some fond memories of them together so she has it when she’s older.

Also now the upheaval for this little girl, being with the Berreth family,
which I am so pleased has occurred.
In the long run, she'll have a new life, surrounded by love I hope.
The Berreth family would have loads of info about Kelsey that the child will now grow up with.
MOO.

 

[PommyMommy]

Kelsey Berreth's fiancé arrested in murder investigation
Frazee made his first court appearance in Cripple Creek Friday afternoon. He is now represented by a public defender. No family members of Berreth's appeared in court, and Frazee appeared via video feed. His defense attorney filed several motions, including ones to preserve physical evidence in the case and to limit pretrial publicity. He will be held without bond pending his next court appearance, which was set for Dec. 31 at 8:30 a.m.

 

[Gardener1850]

Maybe whoever funded the other lawyer gave PF a big FU today.

Ha. That's a possibility. Perhaps the person funding the lawyer was also an accomplice and now they are saving their money for their own defense. MOO.

 

[gitana1]

Soliciting a felony in Colorado
Under Section 18-2-301 of the Colorado Revised Statutes (C.R.S.) you commit criminal solicitation when:

• You attempt to persuade another person to commit a felony, or
• You offer your services or the services of a third party as either a principal or accomplice to commit a felony;

AND

• You intend to promote or facilitate the commission of that crime, under circumstances strongly corroborative of that intent.

Solicitation penalties
Penalties for solicitation depend on the crime you solicited. In general, the punishment for solicitation is one class of felony less serious than the crime solicited.

Defenses to solicitation can be quite varied, but often involve showing that there is no evidence “strongly corroborative” of an intent to cause the commission of a crime.

Because solicitation defenses can be quite technical, it is imperative to retain an experienced Colorado solicitation lawyer as soon as possible after you have been charged.


To help you better understand Colorado's criminal solicitation law, our Denver Colorado criminal defense lawyers discuss the following, below:

• 1. What is criminal solicitation?
• 2. Colorado solicitation penalties
• 3. Defending Colorado solicitation charges
  • 3.1. Things that are not a defense to solicitation
  • 3.2. Defenses to criminal solicitation
• 4. Related offenses
  • 4.1. Conspiracy and attempt
  • 4.2. Soliciting child prostitution

Colorado class 1 felony is a class 2 felony, punishable by up to 24 years in prison.

• Soliciting a Colorado class 2 felony is a class 3 felony, punishable by up to 12 years in prison.

• Soliciting a Colorado class 3 felony is a class 4 felony, punishable by up to 6 years in prison.

• Soliciting a Colorado class 4 felony is a Colorado class 5 felony, punishable by up to 6 years in prison.

• Soliciting a Colorado class 5 or 6 felony is a Colorado class 6 felony, punishable by up to 18 months in prison.

If the felony solicited is not defined under the Colorado Criminal Code (Title 18 of the C.R.S.) and no penalty is specifically set forth in the statute, soliciting that felony is a class 6 felony.

Drug felonies are slightly different. Except as otherwise provided by law:

• Solicitation of a Colorado level 1 drug felony is a level 2 drug felony, punishable by up to 8 years in prison.
• Solicitation of a Colorado level 2 drug felony is a level 3 drug felony, punishable by up to 4years in prison.
• Solicitation of a Colorado level 3 drug felony or Colorado level 4 drug felony is a level 4 drug felony, punishable by up to 1 year in prison.

For a full list of the presumptive range of prison sentences for each class of felonies and drug felonies, as well as possible criminal fines, please see our article on Colorado Felony Sentencing.

Additionally, note that regardless of the class of felony committed, if Colorado law defines the crime as a crime of violence, you will face an increased sentence (up to twice as long) and prison time will be mandatory.

To learn more about penalties for Colorado crimes of violence, please see our article on Colorado Violent Crimes Sentencing (18-1.3-406 C.R.S.).

You changed your mind
It is an affirmative defense to solicitation charges that after soliciting another person to commit a felony, you persuaded that person not to do so or otherwise prevented the commission of the crime. The burden is on you, however, to show that you did so under circumstances manifesting a complete and voluntary renunciation of the crime.11

• Example: After Ethan's girlfriend breaks up with him, Ethan hires someone to kidnap her minor child. However, after he cools down, he realizes it's a bad idea. He calls it off, but the kidnapper goes ahead with the crime anyway. Ethan is arrested and charged with solicitation of kidnapping. But after Ethan's Colorado solicitation attorney discovers text messages and emails showing that Ethan tried repeatedly to call off the crime, the prosecutor drops the charges.

Note that your renunciation and abandonment of the crime will not be considered voluntary and complete if it is motivated in whole or in part by:

• A belief that a circumstance exists which increases the probability of detection or apprehension or which makes the consummation of the crime more difficult; or
• A decision to postpone the crime until another time or to substitute another victim or another but similar objective.12

Illegal search and seizure
If the evidence against you was obtained as the result of an illegal Colorado search and seizure, your Denver criminal attorney can bring a motion to suppress that evidence.

This is a particularly effective defense in a solicitation case, where the prosecutor must establish your intent to facilitate a crime beyond a reasonable doubt. If any of the corroborating evidence is suppressed, it can be a crippling blow to the prosecutor's case. Your Colorado criminal defense attorney will often be able to use the suppression to negotiating an acceptable plea bargain. In some cases, it can even lead to the prosecution dropping the case against you entirely.

Colorado crime of conspiracy, 18-2-201 C.R.S. and the Colorado crime of attempt,18-2-101 C.R.S., As a result, the penalties for each of these crimes is identical.

A key difference between solicitation and conspiracy is that for the crime of conspiracy to take place, there must be an agreement between at least two people to commit a crime and an overt act in furtherance of that agreement. In the offense of criminal solicitation, on the other hand, the motive or intent of the person solicited is irrelevant to the question of whether the person soliciting the crime has violated the solicitation statute.

And to be guilty of criminal attempt, you must engage in conduct constituting a substantial step toward the commission of the offense. This differs from both solicitation and conspiracy, neither of which require anything more than statements (albeit ones made with intent to facilitate or engage in a crime).

The important thing to note is that each of these offenses requires the proof of at least one fact not required by the other. For instance, a conspiracy may be committed without the inducement required for the crime of solicitation. Solicitation, on the other hand, may be committed without the parties ever reaching an agreement or without any overt act in furtherance of the crime solicited.

This means that none of these crimes is a lesser-included offense of the other(s). Another way of saying this is that the crimes do not merge. This means that you can be convicted of both solicitation and conspiracy, or of both solicitation and attempt, or possibly even of all three.

• Example: Jessica approaches her friend Mary about stealing some cocaine from the house of a drug dealer the two of them know. When Mary hesitates, Jessica sends her several text messages that establish that she is serious about doing it. At this point, Jessica is guilty of criminally solicitation. Later, Mary agrees and they work out a plan. Jessica and Mary are now guilty of criminal conspiracy. Still later, the women try to break into the drug dealer's house, but they are caught by a pair of police officers who have had the dealer under surveillance. Jessica is charged with solicitation, conspiracy AND attempt to commit burglary and theft of a controlled substance. Mary is charged with conspiracy and attempt.

Soliciting for child prostitution,18-7-402 C.R.S., is a different offense than criminal solicitation.

Criminal solicitation is what is known as an “inchoate” offense. An inchoate offense is one that exists only in relation to a separate crime that is defined elsewhere in the Colorado criminal code. Attempt consists of trying to commit a specific crime. Solicitation is an inducement to someone to commit a specific crime.

Punishment for these inchoate offenses depends on the penalty for the specific crime attempted or solicited. So, for instance, solicitation to commit Colorado first degree murder (18-3-102 C.R.S.), a class 1 felony, is a class 2 felony. Solicitation to commit Colorado robbery (18-4-301 C.R.S.), a class 4 felony, is a class 5 felony. And so on.

But soliciting for child prostitution is a crime in and of itself. It does not make reference to any other section of the criminal code. Nor is the punishment for soliciting child prostitution dependent on any other crime. In fact, there is no such crime as child prostitution.

What makes this distinction important is that soliciting for child prostitution is not a specific intent crime. While abandonment and renunciation is an affirmative defense to solicitation, it is not a defense to soliciting for child prostitution.13


Colorado’s "Criminal Solicitation" Laws (18-2-301 C.R.S.)

Thanks for this. So, not only has there not been another arrest, the charge is solicitation and not conspiracy. Which to clarify, as your post clearly indicates, that means there is evidence he tried to get another to help him kill Kelsey but there is no conspiracy charge at this time, which would necessitate evidence that additional persons did actually become or agree to become involved.

Thanks again. I myself got a bit off track with the solicitation charge. We know of no evidence that anyone helped him murder Kelsey. If there was sufficient evidence that someone did, or helped cover it up, there would be a conspiracy charge or some sort of accessory charge.

 

[jewelsmac]

ODG--you changed your avatar!! Who is that guy?

People did say to me, you might see some disturbing things on the web sleuth.… I was warned

 

[oviedo]

This seems like a calculated effort to commit murder.

“Solicitation to commit murder,” doesn’t lend itself to being a spontaneous crime of passion.

He didn’t “snap,” and he knew what he was doing.

Unfortunately for him, he’s a dumbass.

Wish we could pin this post

 

[gitana1]

I still want some evidence... they are so closed mouthed about this.. Maybe something will leak after the next hearing..

We will get a lot at the preliminary hearing. It might be a while!!!

 

[flightybird]

I still want some evidence... they are so closed mouthed about this.. Maybe something will leak after the next hearing..

I wonder how much of the tight-lippedness is due to the solicitation aspect. Someone who hasn't come forward yet and would be privy to details that haven't been disclosed otherwise, or who has that they don't want facing some sort of retribution? MOO of course, and just a theory

Still hate it, though. I want to know what happened and where Kelsey is at so that her family have some semblance of closure, if she is, indeed, deceased as LE (and myself, as much as I hate to admit) believes.

 

[Inspector Gidget]

I looked up there, and there was both red pickups there Thanksgiving Day. And that was from 12:30 [p.m.] to 1 p.m.,” the neighbor said. “The other two cars were parked with the vehicles facing the apartment, but his was parked sideways behind them Patrick Frazee arrested for first-degree murder in Kelsey Berreth case So PF's truck was blocking her vehicles by parking sideways.He wasn't going to let her leave.Something tells me the crime was committed right at her place.He was upset when he arrived!

 

[JEM1975]

What a sad outcome. I managed to stay down the middle in this thing. I did that because I tried to think of what I would want for myself or if someone I was close to were in a situation similar to this one, without being guilty of murder in the end of course. I would hope people could stay objective if there was so little information about what happened. I would hope there wouldn't be an immediate rush to judgment I guess. I don't know, I think there was a big part of my hoping that this was that one case when everything, the guilty party, the circumstances and the outcome were different than all the others like it. That just wasn't the case. Not only is it so very sad for the families and the child, this behavior, this type of crime is becoming so common. There was a recent article that discussed the large increase in the amount of "familicides" being committed and how concerned the FBI is about this fact. I will try to find the article again shortly. I think the one thing I can be thankful for is the knowledge the baby is safe and with family. That is not the way these things usually seem to go in my opinion.

The charges are very interesting. I think one thing I need to understand is, the difference between the "formal" charges, that they mentioned will be made in the coming days or weeks and what I can only assume to be the "informal" charges that were immediately made? I paid close attention to the wording the police chief used. It seems like he tries to communicate more than anyone realizes by using certain words. He was very confident when he mentioned the cell phone data and other data being very important. And, I can't help but feel someone else was very involved with everything. We may find out this entire situation had been planned for some time. My one take that differs from the thinking that someone may have been asked to do this, they declined and then provided information to LE. I believe that LE knows someone was involved and they are trying to find whoever it is. I would be willing to bet the second person involved took the body out of state after she was killed. Someone, whether PF knew this person or not, had one job to do and that was to get the body and other key evidence out of state. It is possible this other person accidentally turned her phone on when they were in or near Gooding or they did do it intentionally to throw LE off. Either way, I believe there is another, very guilty, person out there that will be found soon.

My sympathies go out to the families. None of this makes sense. I don't understand why human beings keep doing this kind of thing to other human beings.

What a sad outcome. I managed to stay down the middle in this thing. I did that because I tried to think of what I would want for myself or if someone I was close to were in a situation similar to this one, without being guilty of murder in the end of course. I would hope people could stay objective if there was so little information about what happened. I would hope there wouldn't be an immediate rush to judgment I guess. I don't know, I think there was a big part of my hoping that this was that one case when everything, the guilty party, the circumstances and the outcome were different than all the others like it. That just wasn't the case. Not only is it so very sad for the families and the child, this behavior, this type of crime is becoming so common. There was a recent article that discussed the large increase in the amount of "familicides" being committed and how concerned the FBI is about this fact. I will try to find the article again shortly. I think the one thing I can be thankful for is the knowledge the baby is safe and with family. That is not the way these things usually seem to go in my opinion.

The charges are very interesting. I think one thing I need to understand is, the difference between the "formal" charges, that they mentioned will be made in the coming days or weeks and what I can only assume to be the "informal" charges that were immediately made? I paid close attention to the wording the police chief used. It seems like he tries to communicate more than anyone realizes by using certain words. He was very confident when he mentioned the cell phone data and other data being very important. And, I can't help but feel someone else was very involved with everything. We may find out this entire situation had been planned for some time. My one take that differs from the thinking that someone may have been asked to do this, they declined and then provided information to LE. I believe that LE knows someone was involved and they are trying to find whoever it is. I would be willing to bet the second person involved took the body out of state after she was killed. Someone, whether PF knew this person or not, had one job to do and that was to get the body and other key evidence out of state. It is possible this other person accidentally turned her phone on when they were in or near Gooding or they did do it intentionally to throw LE off. Either way, I believe there is another, very guilty, person out there that will be found soon.

My sympathies go out to the families. None of this makes sense. I don't understand why human beings keep doing this kind of thing to other human beings.

This is beautifully stated and exactly how I feel. Thank you for posting!

 

[MassGuy]

Thanks for this. So, not only has there not been another arrest, the charge is solicitation and not conspiracy. Which to clarify, as your post clearly indicates, that means there is evidence he tried to get another to help him kill Kelsey but there is no conspiracy charge at this time, which would necessitate evidence that additional persons did actually become or agree to become involved.

Thanks again. I myself got a bit off track with the solicitation charge. We know of no evidence that anyone helped him murder Kelsey. If there was sufficient evidence that someone did, or helped cover it up, there would be a conspiracy charge or some sort of accessory charge.

Thanks for the clarification.

So it’s entirely possible that he committed this crime on his own.

When I originally heard “solicitation to commit murder,” I assumed that he had hired someone to do this.

That doesn’t appear to be the case, atleast right now.

 

[skyedaze]

STUART!

LMAO!

 

[SharonNeedles]

Thanks for this. So, not only has there not been another arrest, the charge is solicitation and not conspiracy. Which to clarify, as your post clearly indicates, that means there is evidence he tried to get another to help him kill Kelsey but there is no conspiracy charge at this time, which would necessitate evidence that additional persons did actually become or agree to become involved.

Thanks again. I myself got a bit off track with the solicitation charge. We know of no evidence that anyone helped him murder Kelsey. If there was sufficient evidence that someone did, or helped cover it up, there would be a conspiracy charge or some sort of accessory charge.

If you think the story is complete and the book is closed I very much disagree.