CO CO - Kelsey Berreth, 29, Woodland Park, Teller County, 22 Nov 2018 - #39 *ARREST*

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Love Never Fails said:
Oh please...If you can! I am not on twitter and inquiring minds wants to know. Anyone out there know if this can be posted? Surely if it comes from twitter, it’s ok?

PommyMommy, just saw you said no, but if we can read twitter from the courthouse, why not this?
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The Tweets from the courthouse are coming from MSM sources. Sam's tweet can be posted but not the comments, and we're not allowed to discuss the comments.

Sorry to be a party pooper. :oops:
 
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Unfortunately, it looks like my busiest time today is going to be from about 11:30 to around 3 ET. I'm counting on a lot of good posts and updates from those who are so kind to always keep us informed. I appreciate that so much. I, along with all of you, hope that after today we'll have many answers. I'm most anxiously waiting. May justice for Kelsey and her family begin today!
 
https://twitter.com/mpetkash/status/1097868957313351680
#PatrickFrazee just entered the Courthouse in Cripple Creek for his first prelim today. Hoping to get more answers on what happened to #KelseyBerreth

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Hatfield said:
Agree.

The way I look at it is its part of our rights to be a witness to justice being served by one of the best and fairest systems in the world.

Oh well at least we should get some good live tweets of the happenings.

I always get a little nervous as we get really close now. If its even 1/2 as good as KK's hearing then we should learn a lot.

There is a lot of mixed emotions that happens as justice is served and I know we never want to get back to the old days where the crowds held a party in the town square at the gallows but in this particular case I would not mind throwing a few heads of lettuce at a couple of the co-conspirators. :)

We have to always remember that we are here for Kelsey and her baby and her family to help ensure that justice is served for them.
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Yes and tweets are the person doing the tweeting's interpretation. I like to see it myself as many people look at things so differently so the tweet thing does not do it for me.
 
“A camera will not be allowed in the courtroom during Tuesday's preliminary hearing. 9NEWS will have crews on the scene and provide updates to 9NEWS and 9NEWS.com as they become available.”

Snip

Bringing this forward again (I think @gliving posted this last night):

“Preliminary hearings are designed to weed out a weak case,” 9NEWS legal expert Scott Robinson said. “So, the prosecution needs to put on evidence, but just enough to show there is probable cause for the charges.

“And for the defense, it’s an opportunity to find out everything they can about the prosecution’s case that might not have been revealed in the police reports, the discovery.”“

Prosecutors expected to explain why they believe Patrick Frazee was responsible for Kelsey Berreth's death
 
One attorney's take on a preliminary hearing
https://www.hmichaelsteinberg.com/colorado-preliminary-hearings-law.htm

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Colorado Preliminary Hearings in Criminal Cases

By Colorado Criminal Defense Lawyer – H. Michael Steinberg – Colorado Preliminary Hearings Law


Preliminary Hearings are always held in the County Court of the relevant jurisdiction’s Court Justice Center. H. Michael appears with you. If the case actually proceeds to a preliminary hearing – a brief hearing to determine if there was “probable cause” for the “Complaint” is held. You will not testify at that hearing and the Prosecutor cannot call you as a witness. In fact it is very rare that the defense presents any evidence at all.


A preliminary hearing is limited to matters necessary to a determination of probable cause. The rights of the defendant are curtailed and typical “trial” evidentiary and procedural rules are relaxed. The rights to cross-examine witnesses and to introduce evidence are limited to the question of probable cause.


A defendant has no constitutional right to unrestricted confrontation of witnesses and to introduce evidence at a preliminary hearing. By rule, defendants have the right to a preliminary hearing under certain circumstances. The law permits a defendant to ” cross-examine witnesses against him and may introduce evidence in his own behalf.’ Colorado Crim. P. 7(h)(3). However, the preliminary hearing is not intended to be a mini-trial or to afford the defendant an opportunity to effect discovery of the State’s case.


Additionally, the judge’s findings at a preliminary hearing are restricted to a determination of probable cause. A judge does not and may not engage in credibility determinations unless the testimony is incredible as a matter of law.


Testimony is “incredible as a matter of law” if it is “in conflict with nature or fully established or conceded facts. It is testimony as to facts which the witness physically could not have observed or events that could not have happened under the laws of nature.”


This finding of “incredible as a matter of law is exceptionally rare. The Defense lawyer is often prevented from going deeply into motives to lie – for example or to engage in other credibility inquiries by the Judge. Thus, the right to cross-examination may be curtailed by the judge in all but the most unusual circumstances.


Because credibility is not at issue and probable cause is a low standard, once a prima facie case (a very basic case) for probable cause is established, there is little defense counsel can do to show that probable cause does not exist. As a practical matter, some defense lawyers do not extensively cross-examine witnesses at the preliminary hearing, understanding that the cross-examination.


Thus the fundamental opportunity for cross-examination at a preliminary hearing is limited and the opportunity for cross-examination regarding the credibility of a witness, as a matter of fact, is even further curtailed by most judges.


The Far More Common “Use” of the Preliminary Hearing in Colorado

The far more common use of the PH, is the first sincere “arms length” negotiations to try to achieve a “Plea Agreement.” An offer by the DA is usually met with several rounds of “back and forth” between the lawyers who start the process to work closer and closer to a “waiver” of the hearing for the “right” plea bargain offer.
 
oviedo said:
I thought I read here that Sam was on vacation? Glad he isn't - he really has followed this case IMO.
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Totally agree. Sam has done one of the best jobs of a reporter I had ever seen following the breaking news of a case as its happening.

The one-sided interview he did with "PF at the Gate" will go down in history.
 
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