CO CO - Kelsey Berreth, 29, Woodland Park, Teller County, 22 Nov 2018 - #19 *ARREST*

[Gardenista]

PF could make his defense attorney’s job a lot easier by telling him a lot about what happened. But doubt he’s doing that. Instead, mum and poker face is the plan.

Most likely his attorney doesn't want this info from PF since it could hurt his ability to give PF a good defense.

 

[Trudie]

Prosecutors file charges against Patrick Frazee in connection with disappearance of Kelsey Berreth
Judge Linda Billings-Vela ruled that Frazee's arrest affidavit will remain unavailable to the public, but the defense will be able to look at it.

The next hearing in the case will be Friday at 1:30 p.m. During this hearing, the court will discuss a motion regarding consumptive testing, which is testing in which a piece of evidence must be destroyed in order to obtain information from it. They'll also discuss a motion to make the arrest affidavit available to Frazee himself.

Evidence and testimony will be presented at a preliminary hearing on January 29 at 9 a.m. Frazee will be required to enter a plea after that. After Frazee enters the plea, the prosecution will have nine weeks to determine whether or not they will seek the death penalty.

Pommy, I’m not a scientist, by no means. From reading and following cases, iirc, WET evidence will be destroyed during dna extraction. So, if a moist cloth was found, bagged, etc., it will destroy the cloth, at least a portion. This is definitely MOO
Thinking a cloth used to clean, rinsed, put in washer, found still damp? Or, if it was wadded up, it didn’t air dry? Or left in a sink filled with water?

 

[Love Never Fails]

Patrick Frazee may have killed Kelsey Berreth during attempted robbery; multiple solicitation charges could mean additional people were involved in alleged murder
In a news conference following a hearing to present Patrick Frazee with formal charges in the murder case against Kelsey Berreth, who has been missing since Thanksgiving.

As CrimeOnline previously reported, Frazee was formally charged with five counts on Monday morning: Two counts of first-degree murder and three counts of solicitation of first-degree murder. Teller County District Attorney Dan May explained the multiple charges at a news conference following the hearing, pointing out that the two counts of first-degree murder were based on evidence supporting two theories; that Frazee premeditated the murder of his fiancee and mother of his 1-year-old daughter, and that Frazee killed Berreth during an attempted robbery, also premeditated.

In response to reporter questions about the three separate solicitation charges, May said he could not publicly identify any individuals associated with those charges, but said they were not based on separate theories. May said the three charges were “self-evident,” insinuating but not explicitly stating that they may refer to more than one person Frazee allegedly solicited in a conspiracy to murder Berreth, who has not been seen since Thanksgiving Day. At minimum, the charges appear to reference three separate incidents of solicitation although the number of individuals involved is not clear.

 

[BingoBongo]

I hope all involved in the prosecution have their ducks in a row, have crossed all "t's" and dotted all "i's".

If I were KB's mom, I think I'd request the FBI be involved if possible.

 

[SassynOz]

I’ve never been more confused about a case.

 

[Trudie]

Most likely his attorney doesn't want this info from PF since it could hurt his ability to give PF a good defense.

Ahh, but his atty is operating under the assumption his client is innocent. He doesn’t want to know the truth. If PF confides, no attorney is going to “lie” in court for him, IMO.

 

[sun16]

Most likely his attorney doesn't want this info from PF since it could hurt his ability to give PF a good defense.

Yes, pretty much a double-edged sword.

 

[Love Never Fails]

Patrick Frazee may have killed Kelsey Berreth during attempted robbery; multiple solicitation charges could mean additional people were involved in alleged murder
In a news conference following a hearing to present Patrick Frazee with formal charges in the murder case against Kelsey Berreth, who has been missing since Thanksgiving.

As CrimeOnline previously reported, Frazee was formally charged with five counts on Monday morning: Two counts of first-degree murder and three counts of solicitation of first-degree murder. Teller County District Attorney Dan May explained the multiple charges at a news conference following the hearing, pointing out that the two counts of first-degree murder were based on evidence supporting two theories; that Frazee premeditated the murder of his fiancee and mother of his 1-year-old daughter, and that Frazee killed Berreth during an attempted robbery, also premeditated.

In response to reporter questions about the three separate solicitation charges, May said he could not publicly identify any individuals associated with those charges, but said they were not based on separate theories. May said the three charges were “self-evident,” insinuating but not explicitly stating that they may refer to more than one person Frazee allegedly solicited in a conspiracy to murder Berreth, who has not been seen since Thanksgiving Day. At minimum, the charges appear to reference three separate incidents of solicitation although the number of individuals involved is not clear.

What I love about the three solicitation charges is that PF won’t know who to go after. He can’t send someone after one person if the DA says there are three. Keeps his family and friends clueless. I like that, for now.

 

[1mtroyal]

I would think that if PF did the murder he would make it look like a robbery and have pulled out all the drawers and they would have discovered that right away in the first search for Kesey. Then again, maybe he did not want the police to get an intensive investigation right away and he would use the phone diversion in Idaho instead.

 

[Stunned]

What in the world??

She died during a planned robbery?

 

[BingoBongo]

Hmmm, seems that the Judge reviewed the findings and found it okay to hold PF w/o bond, even though she's annoyed at the possibility of prosecution not being open with defense on findings.

Means whatever they have is big?

 

[Trudie]

I’ve never been more confused about a case.

I think it’s merely because the info we want can’t yet be released. As I stated earlier, it might be due to verifying the solicited person/s story. A timely task, IMO.

 

[cynsational]

Ahh, but his atty is operating under the assumption his client is innocent. He doesn’t want to know the truth. If PF confides, no attorney is going to “lie” in court for him, IMO.

What about Casey A's attorney?

 

[PommyMommy]

I’ve never been more confused about a case.

This one is definitely not a neat, tidy package!
MOO

 

[Jessthinkin]

PF’s court appearance today—I can’t tell if he’s ... calm, concerned, worried, scared or what. A bit of a poker face.

Really? I had the opposite impression from watching the 30 minute courtroom tape... IMO (especially at the very beginning, as he was looking towards the camera) he looked extremely ashamed/nervous/worried/trapped/etc.... his forehead was all wrinkled and knotted up as well..... the other point at which I noticed his demeanor look extremely worried was when the prosecutors were talking to the judge about the consumptive DNA tests they wanted to do ‘right away’.....

 

[enelram]

What I love about the three solicitation charges is that PF won’t know who to go after. He can’t send someone after one person if the DA says there are three. Keeps his family and friends clueless. I like that, for now.

But what's scary, IME, sometimes these names leak out despite
efforts to keep them anonymous.

 

[girlhasnoname]

I hope all involved in the prosecution have their ducks in a row, have crossed all "t's" and dotted all "i's".

If I were KB's mom, I think I'd request the FBI be involved if possible.

I believe he stated that CBI and FBI were still involved.

 

[Trudie]

What about Casey A's attorney?

Oh. Did Casey tell him “I murdered my Daughter?” I missed that.

If PF tells his atty “I killed K”, how can his atty then argue his innocence?

MOO

 

[Trudie]

Really? I had the opposite impression from watching the 30 minute courtroom tape... IMO (especially at the very beginning, as he was looking towards the camera) he looked extremely ashamed/nervous/worried/trapped/etc.... his forehead was all wrinkled and knotted up as well..... the other point at which I noticed his demeanor look extremely worried was when the prosecutors were talking to the judge about the consumptive DNA tests they wanted to do ‘right away’.....

Did he look at his mom? Did you see his bro? I had wifi issues & kept crashing. Tia

 

[otto]

"... Adam Steigerwald, said it was impossible to represent his client when the state wouldn't release the probable cause affidavit outlining the case against Frazee. Prosecutors said they would release the affidavit to Steigerwald Monday, but said he couldn't discuss the document with Frazee.

That brought an obvious objection from Steigerwald.

Billings-Vela questioned the move, and called it a "direct tension with the Sixth Amendment."

"How’s counsel supposed to start preparing if he can’t even discuss the information he’s receiving?" Billings-Vela said. "I’m well aware there are multiple investigations, and I want to make sure they’re not hampered, but Frazee has the right to be represented by counsel who can inform him."

Prosecutors asked for a hold of seven to 10 days before Frazee could see the affidavit, ..."

This! The accused has a constitutional right to know about the charges against him while he is being held in jail, seemingly indefinitely. Where I live, they cannot just hold someone like this without informing them of the evidence against him. Re: The prosecutor must ultimately reveal everything including exculpatory findings, the defense is not required to reveal anything to the prosecution. The defendant does not have to prove his innocence, but it seems many think that he does.

I think the problem might be that PF has been charged with solicitation to commit murder. If evidence relates to testimony from a witness, the prosecution has good reason to worry that PF may attempt to have that witness murdered. Ultimately, PF will have access to all the evidence, full disclosure, but at this time full disclosure may result in endangering someone.