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

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Bluebythec said:
What I know about the law would fit on the head of a pin. Is it possible the DA is being really sly and only charging her with the lesser offenses and offering the plea deal so she'll talk, then they can turn around and hit her with more serious charges? Is that possible?
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MOO. I am not a lawyer, but that I know enough to say that would be considered unethical and unless additional facts came to light after the fact that changed the terms in some way or the terms of the deal are not honored by the parties, the DA would not be involved in a "bait and switch". MOO
 
riolove77 said:
Correct. It is an underlying theory for the felony murder charge. It is not a separate charge. Felony murder by definition requires a qualifying underlying felony. He can't be convicted of robbery separately though.
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I know. He also can't be convicted twice for the same murder. I think the theory a robbery was involved is because they have some kind of evidence to support it, such as security video or a witness.
JMO
 
susiQ said:
I'm seething. PF gets a protective ballistic vest?? Is someone threatening his life? Tough luck!! Regardless if he didn't actually do the deed, HE was the reason for it. If someone got to him before the trial, wouldn't bother me much. No one was there to protect and INNOCENT woman!!

Sorry, it's just SO ironic in my eyes.
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I think its standard procedure now, for high profile cases.
 
MassGuy said:
This is best left to @riolove77 but that is my understanding as well.

The deal is contingent upon being truthful.
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That is correct. If you are found to have lied, the deal is off.

Also, I have little doubt KK hasn't spoken with the DA. I know that as a DA I would have personally been part of several conversations in what appears to have been a several weeks long plea negotiation.

Edited for grammar
 
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I have read on DM & another site that KK will get fined & probation. DO you think this will happen!!
 
MyBelle said:
I know. He also can't be convicted twice for the same murder. I think the theory a robbery was involved is because they have some kind of evidence to support it, such as security video or a witness.
JMO
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He isn't going to be convicted twice for the same murder. I think they probably do too, but you said earlier the robbery was a separate charge which is why I replied that it wasn't.

If there was a robbery inside or outside the Safeway, then felony murder with a robbery qualifier wouldn't be on the table. The homicide has to happen in the commission of the underlying felony, meaning she would have had to be killed during the robbery, and we know she wasn't killed inside the Safeway or in the parking lot. She is believed to have been killed at home, so if the felony murder theory holds, then that means she was robbed at home just before being killed there.

Once the perpetrator leaves the scene of the underlying felony, the murder cannot be considered to have been committed "in the commission" of the felony.
 
Artis said:
Maybe if she'd ever spoken to a Russian a SWAT team would have raided her house and dragged off in cuffs but I digress...

See, here's what I'm wondering about and maybe you know: Would there not be several potential/pss


Here's what I'm wondering: In her case, would there not be several potential/possible charges? Say, stuff like 1) destruction of evidence, 2) accessory to murder after the fact, 3) the current tampering (sounds so Mickey Mouse) charge, 4) some kind of telecommunications fraud for the texts, etc. IOW, a slew of stuff which would enable prosecutors to bargain with one or two, saying testify against Frazee and we drop two of four or five charges and you get 10 years instead of 35, or along those lines. Why one measly charge for someone who was this involved in a murder? Seems like giving up too much, unless they've got little on her which doesn't seem to be the case.
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When you look at what KK is charged with we can figure out somewhat where the law is in her case.

What KK did:
*took possession of stolen property
*drove to Idaho with phone
*sent at least two texts or simply turned the phone on and the text were sent
*disposed of the phone (?)

She is basically charged with having the forethought to know an official proceeding into KB would ensure, thus she did tamper and she did and did with intent.

The official investigation into KB had not even begun until the ordered well check (arguably) until 11/25. Law enforcement has ruled out at least by this charge that she was not involved on matters occurring on 11/22 or 11/23.

The Felony charge has to follow the violation which is the action with the interference with the official proceeding.

There may be other charges but as matters stands the DA as well as many agencies are indicating, this was her role and not the others. The DA is NOT going to give a plea such as this for murder involvement such as accessory.
 
riolove77 said:
That is correct. If you are found to have lied, the deal is off.

Also, I have little doubt KK hasn't spoken with DA. I know that as a DA I would have personally be part of several conversations in what appears to have been a several weeks long plea negotiation.
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@riolove77 Doesn't the judge have to approve the plea deal?
 
MassGuy said:
This is best left to @riolove77 but that is my understanding as well.

The deal is contingent upon being truthful.
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That's my understanding as well -- that the deal is upheld with the condition that the "witness" must be completely truthful, and can be nullified if it's discovered that the "witness" is caught in verifiable lies. It's this condition that makes a plea deal more palatable, in my opinion. Hopefully @riolove77 or @gitana1 can weigh in on the accuracy of this....
 
riolove77 said:
That is correct. If you are found to have lied, the deal is off.

Also, I have little doubt KK hasn't spoken with DA. I know that as a DA I would have personally be part of several conversations in what appears to have been a several weeks long plea negotiation.
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Can you clarify - not only does KK have to tell the truth to keep her deal, if evidence emerges that she simply withheld any information that is also construed as lying and deal is off?

So KK has to give up every bit of her own knowledge and involvement, and she has to hope no witness or text or her fingerprints pop up during PF's trial implicating her further?
 
MassGuy said:
These charges are so weak in the grand scheme of things, that they just wreak of “deal.”

There is every reason to believe that she was far more involved than that.

Coupled with the statement by those unnamed family members, I’d be shocked if there was not a deal.

Even without that statement, I’d be shocked.
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I think the charges wreak of "more to come."

JMO
 
UnicornDragon said:
Possible some of those didn't occur in Colorado, thus Colorado may not be able to charge. That'd be ID or federal charges.
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No. This is going to be a Colorado case. The DA indicated their office was lead. The phone physically did cross state lines but the state found a felony charge that works for the facts of this case. The central factor is the death of the victim. All efforts go toward that focus of the case.
 
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