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

[gitana1]

Evidence LE is refusing to share with a person involuntarily detained in jail.

I'm not a lawyer but I already have 3 appeals planned, and lots of reasonable doubt. If the charges are supported by witness affidavits alone, then I still smell Swiss cheese and a weak case.

I am a lawyer and I can tell you that the CBI and FBI don't present a weak case to the DA. And the DA wouldn't file such a case, especially with no body.

They have to have powerful evidence in order to file in a no body case. Understand that the district attorney is an elected position. So they're careful with how they do things. These aren't light decisions. If they make a stupid mistake and charge with a weak case, that can mean the end of their career.

There is a process to giving evidence to the defense. That's right. It's not just handed to a defendant in jail. But it is given to the defense counsel and they have already received the arrest affidavit by now, which contains probable cause evidence and a packet of the discovery that is available to be released. Much is still being tested or waiting to be tested and other probably hasn't been put together yet.

Yes, there are often problems with the defense getting evidence in a timely manner but they will ultimately get it all.

Everything the state has is going to be handed over.

This isn't a game whereby the state makes up charges and throws everything at the wall to see what sticks. Cases in which an innocent man is charged and convicted are rare, with the exception of faulty eye-witness, mistaken identity cases where they blame the wrong person. And usually those are cases where the suspect is black.

This case doesn't have to do with a witness identifying a guy the police found walking near the scene of a crime. Or who shared the same name as a suspect. Or looked similar. Or whatever.

It's about two weeks at minimum of dedicated police work by top notch state and federal agencies who have incredible technological resources at their hands.

 

[AgeofAquaruis]

The idea that it's possible 4 people other than PF knew that he wanted KB dead and no one said a word is mind boggling. This poor woman. Who was looking out for her?? She had a 1 year old baby. Just infuriating to me

I'm waiting. What's even more amazing is how stoopid these people are, thinking they can get away with snuffing someone out, or helping snuff someone out, or help cover anyone who would.

 

[Yellow Rose]

I wonder if all the money that has been donated for baby K is now a big motive for PF's family to go after custody.

That just made me sick inside

 

[Gardener1850]

When I first acquired a smartphone, I did as suggested and created a password. I deleted it after about two weeks because it was annoying. Many adults find no reason for these locking features. Maybe KB had no reason to lock her phone either.

You may not lock your smart phone but I don't know anyone in my circle of friends and family members who doesn't. Many use their phones for banking and other things that if the phone got lost or stolen a criminal could get a ton of personal data to steal or commit identity theft or hack into social media accounts. Some people also lock their phones simply to keep their kids from getting into them. For example, I know someone who has an Amazon app on their phone that lets them quickly order things-- one time their daughter was able to order toys just by opening up the app and pressing "buy" on the things she wanted. Their ordering settings got changed after that, lol. That said, it is not unheard of for people in a relationship to trust a person with their phone's password or for someone to be able to guess it when they know the person well. A lot of people use their kid's birthday. It wouldn't surprise me if PF knew KB's password or guessed it. JMO.

 

[Sweetsbeach]

I used to have a boss who would annoyingly schedule text messages for exactly 8 AM. Hypothetically, could he have seen nurse and given her a “Christmas gift” and told her not to open it until she got home, then it was an IPhone so when she turned it on the texts sent that he had previously drafted? I’m just looking for a way that this person who must be capable to have the career she has, could have got mixed up in this innocently. Specualating and MOO

Police, priests, teachers, nurses...no matter how noble the profession, there will always be some bad apples among them.

 

[jewelsmac]

I am a lawyer and I can tell you that the CBI and FBI don't present a weak case to the DA. And the DA wouldn't file such a case, especially with no body.

They have to have powerful evidence in order to file in a no body case. Understand that the district attorney is an elected position. So they're careful with how they do things. These aren't light decisions. If they make a stupid mistake and charge with a weak case, that can mean the end of their career.

There is a process to giving evidence to the defense. That's right. It's not just handed to a defendant in jail. But it is given to the defense counsel and they have already received the arrest affidavit by now, which contains probable cause evidence and a packet of the discovery that is available to be released. Much is still being tested or waiting to be tested and other probably hasn't been put together yet.

Yes, there are often problems with the defense getting evidence in a timely manner but they will ultimately get it all.

Everything the state has is going to be handed over.

This isn't a game whereby the state makes up charges and throws everything at the wall to see what sticks. Cases in which an innocent man is charged and convicted are rare, with the exception of faulty eye-witness, mistaken identity cases where they blame the wrong person. And usually those are cases where the suspect is black.

This case doesn't have to do with a witness identifying a guy the police found walking near the scene of a crime. Or who shared the same name as a suspect. Or looked similar. Or whatever.

It's about two weeks at minimum of dedicated police work by top notch state and federal agencies who have incredible technological resources at their hands.

I agree, the agencies involved seem to be doing a fantastic job.

 

[gitana1]

I may be slapped on the wrist and banned but this scenario with the baby makes me shiver when I remember what happened to those little Powell boys when their dad had visitation rights.

You're not the only one.

 

[Mercedes]

I am glad C<modsnip: Please use initials only> didn't have to be there in person for this. I can't imagine the anguish and heartache she is living through, knowing her daughter has been murdered. I am sure she is worried to pieces about them getting custody of the baby. Even partial custody or visitation, I'd be scared to death, to be honest. Until they know all of the details and who was involved in Kelsey's disappearance, they should not be able to see that baby, unless the visits are supervised by CPS.

I wish C <modsnip: Please use initials only> had appeared in person.

 

[Celt1997]

Been following cases here for years. What is it about this one that keeps bringing out the spammers?

 

[gitana1]

I agree, the agencies involved seem to be doing a fantastic job.

Don't commit murder in CO!

 

[Steelslady]

It sounds to me like the media found them since they all reportedly spoke with ABC (Clayton Sandell). I don't know why LE would leak the information.
MOO

Maybe to rattle another person or two's nerves. Better come in and talk with us yourself, or we're coming to get you......

 

[PommyMommy]

I think a poster determined that KB moved to CO before she got pregnant. That was a few threads ago. Someone refresh our collective memory.

Yes. Baby K was born in October 2017. Someone used a pregnancy calculator and determined a January 2017 conception date. It was reported that PF went to Washington and moved KB to Colorado in 2016, so she was not pregnant prior to living in Colorado.
MOO

 

[jewelsmac]

Don't commit murder in CO!

sincerely! I’m impressed to hell

 

[PommyMommy]

Maybe to rattle another person or two's nerves. Better come in and talk with us yourself, or we're coming to get you......

I hope it's working!
MOO

 

[MsBetsy]

Did PF want to move away from KB and his mom?
Or did he want GF to move down to CO?

I had thought a while back that Patrick wanted GF and baby girl at his family's Thanksgiving meal but not KB.

We don't know the facts yet. Perhaps KB and/or GF were prgenant. That would add even more stress to the situation.

IMO

I don't know what to think. Now that we know they were lovers there is no end to the possibilities. This is starting to look like a bad soap opera.

 

[Gunslinging Granny]

I am tired of the putrid disinformation spread by Patrick's family and his few local friends against the Kelsey and the Berreth family. I hope the family court judge is also disgusted and awards full custody to Kelsey's mom. Enough is enough!

 

[BRRI]

Has this been posted? A friend of PF says that PF and KB broke up New Years Day 2018? Also said the only contact PF had with KB was over their daughter.

Murder charges filed against man in case of missing Colorado mom

 

[gitana1]

I think that would be very unlikely. I think the court would want to give the girl a stable home without a lot of moving back and forth that could be confusing to her.

Yeah. I have never seen that in a juvenile dependency case. Also, these people live in two different states.

 

[gitana1]

If I were KB's family, I would petition to determine paternity first. IMO

If he is on the birth certificate or signed a voluntary declaration of paternity there is not going to be a paternity case

Further, juvenile dependency cases have jurisdiction over all others and no other case will have it while that case is pending.

 

[riolove77]

Evidence LE is refusing to share with a person involuntarily detained in jail.

I'm not a lawyer but I already have 3 appeals planned, and lots of reasonable doubt. If the charges are supported by witness affidavits alone, then I still smell Swiss cheese and a weak case.

I am a lawyer, and I disagree.