CO CO - Kelsey Berreth, 29, Woodland Park, Teller County, 22 Nov 2018 - #33 *ARREST*

[vaporlass]

Since state lines were crossed does that mean this is a Federal Prosecution? I keep hearing everyone talk about WP LE ... are feds involved? Sorry I read so many cases, I’ve forgotten if this has been stated.
And I didn’t know this ...
Immunity in Exchange for Testimony
This website states Feds do not offer “transactional immunity” - which (I think) would protect KK but still leave her open for prosecution.
“Use and derivative use immunity is more common (used by both state and federal prosecutors) and narrower than transactional immunity. It prevents the prosecution from using the witness’s statements (“use”) or any evidence derived from those statements (“derivative use”) against the witness in a criminal prosecution. In theory, use and derivative use immunity provides as much protection as the witness not testifying.”

Either way ... Would she even be arrested?
Would she have to go to trial OR just admit guilt and receive lesser or no sentence?
I’m still not sure I understand the difference

 

[Trudie]

The only major thing that happened that we know of, is four months prior to September she purchased her condo through her parents LLC. Her parents could just have easily bought them a place in the country, or put down a nice down payment.

Yea, the only thing we know of. He might have planned her demise as soon as the baby was born, just not soliciting until Sept. moo
Maybe he secretly hated her or was pissed about the pregnancy. We'll never know.
Moo

 

[Ccging]

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."

Interesting, but then who can bring the suit on behalf of the minor? If they are appointed her guardians then can they?

Seems odd that this is a law in Colorado, in Washington I belive there is no such law.

So how exactly does a child get to file a wrongful death suit in Colorado? They don’t? Seems unfair.

 

[Mercedes]

I totally agree. He was stalling, big time.

People who want to get married and don't have a lot of money go to the courthouse, fill out the paperwork, and get married there. Or they get married in their living rooms, or do a small church wedding with the reception in the church hall. IMHO

I agree that PF did not want to get married, but IMO getting married means more than just having a wedding.

 

[PommyMommy]

KOAA's report on PF's motion

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.

 

[Aydrianna523]

Interesting, but then who can bring the suit on behalf of the minor? If they are appointed her guardians then can they?

Seems odd that this is a law in Colorado, in Washington I belive there is no such law.

So how exactly does a child get to file a wrongful death suit in Colorado? They don’t? Seems unfair.

I just wondered if this lawsuit would prevent him from transferring or hiding assets...put a freeze on them. Ok, I know nothing about it but before/during divorces you're not supposed to move monies. Don't know if that's similar.

 

[Mom24]

JMO
I think it was only PF telling KB that to avoid committing to marriage. That was how I took it anyway.

Most couples I have heard about would not let finances stop them from getting married if they really wanted to get married. You can get a justice of the peace to marry you with little to no money. The cost of the marriage certificate is about it in some cases. If you are in Vegas you can get married really cheap too.

I imagine some couples may choose to wait to save enough money for either a large wedding and honeymoon or a place of their own but I dont think that was the issue for them. I think PF was just making excuses.

I think KB started to realize a lot about PF that she had not known at first. Unfortunately she didnt realize how dark his thoughts were getting.

Let's get real here, if finances are an issue to getting married, they'd be an issue in having children too. If he didn't bring a balloon to the party, finances aren't the issue.

 

[AgeofAquaruis]

Interesting, but then who can bring the suit on behalf of the minor? If they are appointed her guardians then can they?

Seems odd that this is a law in Colorado, in Washington I belive there is no such law.

So how exactly does a child get to file a wrongful death suit in Colorado? They don’t? Seems unfair.

He's only proving himself to be the scum he really is. His lawyers might think really hard about advising him against taking this course of action.
MOO

 

[Mom24]

KOAA's report on PF's motion

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.

They have standing under survival action. The representative of a person's estate can file.

 

[scmom]

Why is he filing in federal court? I thought the Berreths filed in state court? And secondly, in that mugshot PF looks like Scooby Doo.

 

[gngr~snap]

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."

What about when the decedents child's father is responsible for killing her mother?
Moo

 

[skycountry]

So since we can speculate on the cattle sales, with that amount of cattle, even at rock bottom prices, he had to have made around $100,000, or more, jmo. Interesting that this newest motion on his part took place two days after the sale of said cows. So are these funds off limits to the Berreth's?

 

[MassGuy]

Why is he filing in federal court? I thought the Berreths filed in state court? And secondly, in that mugshot PF looks like Scooby Doo.

The civil suit was filed in Federal Court.

He actually looks more like Steve from “Blues Clues,” IMO.

 

[Seattle1]

Since the child is so young then couldnt the grandparents file the suit on behalf of the child?

Maybe all they would need to do is refile it a certain way.

We do need a lawyer to chime in to help explain if there is any basis to dismiss.

I believe KB's parents will amend their complaint as soon as they receive legal custody of KB's child. They were only granted temporary custody at hearing on 12/27/18. MOO

 

[Jethro4WS]

Why is he filing in federal court? I thought the Berreths filed in state court? And secondly, in that mugshot PF looks like Scooby Doo.

The Berreth's filed in Federal Court because they aren't residents of Colorado.

 

[gngr~snap]

Did pf just admit kb is deceased in this

Oh, there's a "gotcha"!
Moo

 

[lindaromas]

Taken from the beginning of this forum.....
What we know about Patrick Frazee:

32 Years Old
6'3 and 205 lbs

Education:
Went to Woodland Park High School
PF Jail Record lists "some college"

Employment:
Farrier
Cattle Rancher
Breeds cow herding dogs
Rodeo competitor

Address and location history:
PF was born in Colorado Springs and raised in Teller County
Currently lives with his mother at 1713 Wildhorn Rd Forissant, CO
--property searched by LE and owned by his mother
--35-acre ranch has a one-and-a-half story home and a 1,300 sq ft barn

Family info from MSM:
PF's parents are divorced
PF's mother is a registered nurse
In addition to the property searched, PF's mother owns 2 other properties in the area
PF has 3 siblings
PF's brother SF works for the Colorado Springs Police Department
A cousin has worked for the Garfield County Sheriff’s Office
An uncle FF is a retired Kiowa County sheriff

 

[gngr~snap]

So since we can speculate on the cattle sales, with that amount of cattle, even at rock bottom prices, he had to have made around $100,000, or more, jmo. Interesting that this newest motion on his part took place two days after the sale of said cows. So are these funds off limits to the Berreth's?

I imagine that is his plan.
I'm hoping he just earned the $ that will go to baby K, because he is responsible for her growing up without a mommy or a daddy!
Moo

 

[jaspermac]

I believe KB's parents will amend their complaint as soon as they receive legal custody of KB's child. They were only granted temporary custody at hearing on 12/27/18. MOO

What if filing this unlawful death suit was a child custody strategy?

I find it hard to believe that the same lawyers M.Jackson's family used wouldn't know the law around this- re who can file suit.

What is the liklihood of SF or EF filing a wrongful death suit against PF on behalf of little K? Pretty slim.

Could it be a point favoring the Berreth's that they would have little K's best financial interest at heart by filing a wrongful death lawsuit? Just a thought not sure if it is viable.

 

[GordianKnot]

That’s entirely possible.

Something happened in the time period before September though, when he seems to have begun the initial steps to plan her murder.

KB bought her own place a few months prior to September. We don't know how PF felt about that.

Purchasing a home usually incurs new expenses, homeowner's insurance, etc.

*Speculation only: child support and shared custody agreements were likely very loose and informal b/t KB and PF. KB may have broached the subject of needing increased financial support and/or seeking court-ordered child support or formal custody arrangements if PF was not contributing in a consistent or substantial way to Baby K's expenses. IMO, that would have enraged PF.

I think monetary motives lie at the root of this crime somehow. I might very well be entirely wrong.

I do think LE and the DA have a working theory as to motive based on evidence they've gathered.

JMO.