CO CO - Kelsey Berreth, 29, Woodland Park, Teller County, 22 Nov 2018 - #35 *ARREST*

[susiQ]

What stood out to me was a quote by EN " All we have to do is prove they don't have a case " that was a quote from a Google search Not concerning this case. Sort of EN's motto. IMO sounds like KK will have very good representation .

Excellent motto! However, with regard to KK, I think they may have a difficult time proving that the DA DOES NOT have a case. I think most of us agree, they are pretty much letting her "walk" with a charge of merely tampering with evidence for her testifying against PF when the time comes. Hopefully her attorney will agree. To see her walk without even a slap on the wrist would be a major miscarriage of justice, IMHO. The court of public opinion will likely be her harshest judgement.

 

[crhedBngr]

Following.

 

[InvSmith]

I know the conversation has moved on, but I didn't see these corrected and I always think it's best to get the details clear.




I believe this is backward -- it was explained that the felony murder charge/theory is about a homicide that occurs during the commission of a robbery, not the other way around.



IIRC the neighbor left their own townhome sometime during that half hour timeframe, on the way out to their TG dinner celebration. Neighbor did not see PF's truck arrive or leave, only saw that it was there at the time they (neighbor) left their own home, which they estimated as being between 12:30 and 1pm.

I don't think we know which day any potential cleanup took place? No reason it had to be on the 25th.

@Auntie Cipation There was a post asking a question about reasons for the robbery as a charge. I am answering from a standpoint of case design/strategy. The charge is Murder 1. The robbery allows for enhancement of DP was my point. If the focus was robbery it would be manslaughter. We do not have all of the discussion here.

 

[InvSmith]

I don't know how accurate this is, but this states, within four days of making the call to the FBI, Patrick Frazee was arrested and PF was arrested on Friday, December 21st.

Idaho couple say they called the FBI after hearing about the 'plot' to kill Kelsey Berreth | Daily Mail Online

It was the date of the first public appearance of CB's missing person's televised announcement.

 

[Seattle1]

I just messaged Shawn Groggins who wrote the article, asking him to clarify phrase accomplice. If I hear back, I will share, of course.

Authorities connect Twin Falls, Idaho woman to murder of ex-Warden woman

Respectfully, the reporting source is a small Eastern WA outlet similar to the local WP outlet which also seems to publish fb comments as facts. In other words -- don't hold your breath!

Take note the article referenced above also published incorrect penalty (maximum penalty of five years in prison and/or a $2,500 fine) for the single tampering charge filed against KK.

Correct penalty pursuant to CRS 18-8-610:

3. What are the penalties for tampering with physical evidence?
Tampering with evidence is a class 6 felony in Colorado.3 The penalties for tampering with physical evidence include 12 to 18 months in prison and a fine of up to $100,000. In addition, there is a mandatory 1-year parole period.
Tampering with Physical Evidence - Colorado Law CRS 18-8-610.

 

[CarolinePolly]

It was the date of the first public appearance of CB's missing person's televised announcement.

InvSmith, what do you mean?

 

[InvSmith]

Respectfully, the reporting source is a small Eastern WA outlet similar to the local WP outlet which also seems to publish fb comments as facts. In other words -- don't hold your breath!

Take note the article referenced above also published incorrect penalty (maximum penalty of five years in prison and/or a $2,500 fine) for the single tampering charge filed against KK.

Correct penalty pursuant to CRS 18-8-610:

3. What are the penalties for tampering with physical evidence?
Tampering with evidence is a class 6 felony in Colorado.3 The penalties for tampering with physical evidence include 12 to 18 months in prison and a fine of up to $100,000. In addition, there is a mandatory 1-year parole period.
Tampering with Physical Evidence - Colorado Law CRS 18-8-610.

@Seattle1 Maybe they are expressing what we are suppressing.

 

[InvSmith]

InvSmith, what do you mean?

Mrs. R stated when she saw CB on T.V. is when they contacted the FBI. I thought this would help finding the date. This would have been in December.

 

[CarolinePolly]

Mrs. R stated when she saw CB on T.V. is when they contacted the FBI. I thought this would help finding the date. This would have been in December.

Ok, Thank you!
It was on December 10th.

 

[24Brix]

Excellent motto! However, with regard to KK, I think they may have a difficult time proving that the DA DOES NOT have a case. I think most of us agree, they are pretty much letting her "walk" with a charge of merely tampering with evidence for her testifying against PF when the time comes. Hopefully her attorney will agree. To see her walk without even a slap on the wrist would be a major miscarriage of justice, IMHO. The court of public opinion will likely be her harshest judgement.

MOO, but I’m inclined to believe that KK’s highly skilled counsel is the primary reason she’s only being charged with tampering. That that is the deal that counsel negotiated on her behalf. And that the Discovery Demand is typical and necessary to protect KK in case the wheels come off the bus, so to speak, and the deal collapses for some reason or new evidence leading to potential new charges come to light somehow.

Again, MOO.

 

[Jethro4WS]

Did you guys read this or am I nuts? A suspected accomplice what???!!! Is this just strong language related to the tampering or is she an accomplice??? I would NOT use this language if not.

UPDATE 7:25 p.m. - At 3:12 p.m., the 4th Judicial District Attorney in Teller County announced that Krystal Lee, a suspected accomplice in the murder of Kelsey Berreth, will appear in court for a hearing on Friday Feb. 8. Lee faces one count of tampering with physical evidence, a class 6 felony that carries a maximum penalty of five years in prison and/or a $2,500 fine. "

That seems to be a news source of some kind in the area where KB grew up.

Authorities connect Twin Falls, Idaho woman to murder of ex-Warden woman

The "a suspected accomplice in the murder of Kelsey Berreth" is something the author wrote and not what the DA wrote. Otherwise, we would have seen this everywhere. Also, I have no idea where the part about the penalties for a class 6 felony came from but Colorado statutes are clear that a class 6 felony is punishable by 12 to 18 months in jail and/or a fine of $1,000 to $100,000 and a mandatory parole period of 1 year.

There is much misinformation in that Update.

 

[InvSmith]

That seems to be a news source of some kind in the area where KB grew up.

Authorities connect Twin Falls, Idaho woman to murder of ex-Warden woman

The "a suspected accomplice in the murder of Kelsey Berreth" is something the author wrote and not what the DA wrote. Otherwise, we would have seen this everywhere. Also, I have no idea where the part about the penalties for a class 6 felony came from but Colorado statutes are clear that a class 6 felony is punishable by 12 to 18 months in jail and/or a fine of $1,000 to $100,000 and a mandatory parole period of 1 year.

There is much misinformation in that Update.

@Jethro4WS It is amazing in this small article how much misinformation is present. Txs. I think they listed VA's penalties.

 

[InvSmith]

Ok, Thank you!
It was on December 10th.

Awesome!!!

 

[MassGuy]

MOO, but I’m inclined to believe that KK’s highly skilled counsel is the primary reason she’s only being charged with tampering. That that is the deal that counsel negotiated on her behalf. And that the Discovery Demand is typical and necessary to protect KK in case the wheels come off the bus, so to speak, and the deal collapses for some reason or new evidence leading to potential new charges come to light somehow.

Again, MOO.

I definitely think you’re right.

I gotta hand it to her, she played her hand well.

 

[Jethro4WS]

@Jethro4WS It is amazing in this small article how much misinformation is present. Txs. I think they listed VA's penalties.

Unfortunately, it is not the only article or reporting that was FUBAR during this case. And I don't think we have seen the end of that yet.

 

[CarolinePolly]

Awesome!!!

But it couldn’t be 12/10 that MRS. R saw this bc ON 11/26 she had already given MS the ultimatum to pass on to KK.
Right????

 

[InvSmith]

But it couldn’t be 12/10 that MRS. R saw this bc ON 11/26 she had already given MS the ultimatum to pass on to KK.
Right????

The ultimatum was prior from social media post she saw. She eventually found out no reporting occurred. She (according to her) put it all together when she saw CB on T.V. and heard "Patrick".

 

[Seattle1]

But it couldn’t be 12/10 that MRS. R saw this bc ON 11/26 she had already given MS the ultimatum to pass on to KK.
Right????

I recall this conflict of dates discussed several threads ago, after which MRS R lost all credibility with her account.

I also believe MRS R later backtracked --saying she first saw KB missing on FB, and not the date CB went public about her daughter missing. MOO

 

[Hatch]

This article states that he met KB at Safeway. Did I miss this?

“Police say that Frazee, who was the father of Berreth’s 15-month-old daughter, was the last person to see Berreth alive on that Thanksgiving Day, when Frazee claimed that he met Berreth at the Safeway store with their daughter Kaylee.”


ETA quote

I am thinking the local news is quoting scuttle butt from around town. Glad we are hearing from the locals IMO we should have any and all info out there available, some may prove to be true and some not.

 

[CarolinePolly]

The ultimatum was prior from social media post she saw. She eventually found out no reporting occurred. She (according to her) put it all together when she saw CB on T.V. and heard "Patrick".

I recall this conflict of dates discussed several threads ago, after which MRS R lost all credibility with her account.

I also believe MRS R later backtracked --saying she first saw KB missing on FB, and not the date CB went public about her daughter missing. MOO

What? Ok which is it?