CO CO - Kelsey Berreth, 29, Woodland Park, Teller County, 22 Nov 2018 - #46*ARREST*

[Dave F.]

Is there any reason to pursue a DP case in Colorado?

If they go for the DP, there is a trial, then a separate sentencing trial. The same jury sits for both, without a break in between. Both verdicts have to be unanimous. It's an unusually harsh marathon for the jury. The intention of the 2016 law was to make the DP possible, but make it difficult enough that only the most heinous criminals were considered.
It's a gamble that hasn't been taken yet under the new law, but it's also proved to be a huge bargaining chip, as in the CW case.
The history of Colorado is totally unfavorable to the DP. Chances are great that before the appeals are up, Colorado will repeal the DP again. That would pressure the governor to commute his sentence to life, or worse yet, to pardon him with endless parole. That is what groups like The Innocence Project push for now.
On the flip side, Prosecutor May might feel it is his responsibility to go for the DP, because it does fit the heinous nature of the crime.
IMO

 

[marchioness96]

It really could be as simple as this. I think the people in his life were not accustomed to such an independent woman and may have looked at her as an adversary because of her beauty, wisdom and ability to provide all on her own. I think that family might not have liked her even if he did at one time. He might have thought he had to get rid of her for them. I think I’m just trying to find a logical reason for all of this disgusting behavior but even this is completely illogical.

Wish I could like this a hundred times over! ITA.

I think they felt threatened by her.

She wasn't "one of them" the way, say....KK was.

 

[lindaromas]

Yeah, I would think there were numerous calls or texts between them, especially around the time of the murder, that would have been of interest to them.

Probably the solicitations, (who was solicitating who?) Colorado LE should have sent Idaho LE out and got kk's phone too.

 

[GordianKnot]

Hey MG, thanks. Good to see you here. Ok so we will know by June. PF will have to make a plea on April 8th, correct?

I look for him to plead not guilty but hoping by June his family can convince him to plead guilty.

If there's one thing I'm absolutely, positively certain of, it's that PF doesn't listen to anybody else on the planet. Nobody, but nobody, is capable of "convincing" PF of anything.

PF thinks he knows what needs to be done, and just how to do it.
He's that particular breed of imbecile who believes he's brilliant. (!!!!)

Let's all spare a thought for his public defender, because whoever that lucky lawyer is will be beating his/her own head with a baseball bat by the time the trial's over.

Hey, there's a thought: maybe we'll get lucky and PF will decide to represent himself!!!!


JMO.

 

[MsBetsy]

Probably the solicitations, (who was solicitating who?) Colorado LE should have sent Idaho LE out and got kk's phone too.

If the messages were deleted, it may have taken a few days to retrieve them. I'm sure it didn't take very long until LE said, "We really need to talk to this KK person." Jmo

 

[MemPat]

If there's one thing I'm absolutely, positively certain of, it's that PF doesn't listen to anybody else on the planet. Nobody, but nobody, is capable of "convincing" PF of anything.

PF thinks he knows what needs to be done, and just how to do it.
He's that particular breed of imbecile who believes he's brilliant. (!!!!)

Let's all spare a thought for his public defender, because whoever that lucky lawyer is will be beating his/her own head with a baseball bat by the time the trial's over.

Hey, there's a thought: maybe we'll get lucky and PF will decide to represent himself!!!!


JMO.

The one thing that could make PF plead is Mama's access to him, I think.

Maybe they would let him be housed in a closer facility to home?

Perhaps visits wouldn't be behind glass if he isn't on Death Row?

 

[Thekt]

Question for @Dave F. and others ...In the affidavit, attachment A (item 75) it states that “PF gave KKL the firearm that belonged to KB late in the evening on the 24th” of November. @Dave F. has constructed a detailed timeline (thread 51 or 52 I believe)which estimates KKL left at 7:45PM from the Franch on the 24th. What do you and others make of the description “late in the evening” ? Might not be much of anything, however I tend to think of 7:45PM being more early in the evening or even just “evening” but certainly not “late in the evening” it seems totally logical how you backed into the timeline, I just am curious about the late in the evening statement.

 

[Love Never Fails]

If they go for the DP, there is a trial, then a separate sentencing trial. The same jury sits for both, without a break in between. Both verdicts have to be unanimous. It's an unusually harsh marathon for the jury. The intention of the 2016 law was to make the DP possible, but make it difficult enough that only the most heinous criminals were considered.
It's a gamble that hasn't been taken yet under the new law, but it's also proved to be a huge bargaining chip, as in the CW case.
The history of Colorado is totally unfavorable to the DP. Chances are great that before the appeals are up, Colorado will repeal the DP again. That would pressure the governor to commute his sentence to life, or worse yet, to pardon him with endless parole. That is what groups like The Innocence Project push for now.
On the flip side, Prosecutor May might feel it is his responsibility to go for the DP, because it does fit the heinous nature of the crime.
IMO

If it is true PF murdered KB with a baseball bat and their daughter was in the home, both make it extremely heinous. For this reason, I felt the family may ask the DA to seek the DP. Even if he is never executed, he would be in isolation on death row. Can’t be a fun life. Then again, life in prison has to be horrible for anyone. He will be nothing more than a caged animal for the rest of his Life and he is still a young man.

I could see a jury giving him the DP though.

 

[Love Never Fails]

If there's one thing I'm absolutely, positively certain of, it's that PF doesn't listen to anybody else on the planet. Nobody, but nobody, is capable of "convincing" PF of anything.

PF thinks he knows what needs to be done, and just how to do it.
He's that particular breed of imbecile who believes he's brilliant. (!!!!)

Let's all spare a thought for his public defender, because whoever that lucky lawyer is will be beating his/her own head with a baseball bat by the time the trial's over.

Hey, there's a thought: maybe we'll get lucky and PF will decide to represent himself!!!!


JMO.

How about his mother? She may have great influence on him.

 

[Love Never Fails]

Question for @Dave F. and others ...In the affidavit, attachment A (item 75) it states that “PF gave KKL the firearm that belonged to KB late in the evening on the 24th” of November. @Dave F. has constructed a detailed timeline (thread 51 or 52 I believe)which estimates KKL left at 7:45PM from the Franch on the 24th. What do you and others make of the description “late in the evening” ? Might not be much of anything, however I tend to think of 7:45PM being more early in the evening or even just “evening” but certainly not “late in the evening” it seems totally logical how you backed into the timeline, I just am curious about the late in the evening statement.

Timeline is really tight. It takes time to burn things. And remember she says she had a headache and PF told her to take a nap. How could she have left by 7:45?

Timeline in trial will be interesting.

 

[GordianKnot]

The history of Colorado is totally unfavorable to the DP. Chances are great that before the appeals are up, Colorado will repeal the DP again. That would pressure the governor to commute his sentence to life, or worse yet, to pardon him with endless parole. That is what groups like The Innocence Project push for now.
On the flip side, Prosecutor May might feel it is his responsibility to go for the DP, because it does fit the heinous nature of the crime.
IMO

RSABBMFF:

To your bolded point: I'm really hoping this is what the DA is thinking here.

I know that a lot of people believe that the DP is meaningless in CO, has no "teeth," etc., and I respect that position. To a large degree, I agree that it makes sense.

Having said that, there is still a huge psychological impact to being sentenced to death.

People who've been given a potentially terminal diagnosis have to live with a lot of ambiguity, and it's torturous. Ask them. The not knowing is awful. People suffering from serious illnesses certainly don't deserve to experience that kind of psychologically painful uncertainty.

Convicted killers, however, certainly do deserve that kind of ambiguous death sentence.

The proverbial sword is continually dangling over the convicted person's head.
It could drop at any time...or no time. Living w/ that kind of ambiguity is hell.
That's just the kind of hell on earth PF deserves to be living in for the rest of his (un)natural life.

So, I'm all in favor of Dan going for the DP in PF's case.

All of the above: JMO.

 

[Love Never Fails]

RSABBMFF:

To your bolded point: I'm really hoping this is what the DA is thinking here.

I know that a lot of people think that the DP is meaningless in CO, has no "teeth," etc.
While that may be true in terms of executions being carried out, there is still a huge psychological impact to being sentenced to death.

The proverbial sword is continually dangling over the convicted person's head.
It could drop at any time...or no time. Living w/ that kind of ambiguity is hell.
That's just the kind of hell on earth PF deserves to be living in for the rest of his (un)natural life.

So, I'm all in favor of Dan going for the DP in PF's case.

All of the above: JMO.

Gotta ask...

What is RSABBMFF?

 

[GordianKnot]

The one thing that could make PF plead is Mama's access to him, I think.

Maybe they would let him be housed in a closer facility to home?

Perhaps visits wouldn't be behind glass if he isn't on Death Row?

I see no way that PF pleads, MemPat. Sure wish I did.
He hates women...he doesn't want to see his Mom. Or KK.
Or his daughter.

He's an idiot.
He still believes he's going to win at trial.
I'd love to see the "notes" he's jotting on his legal pad in court.
Brilliant strategist.

JMO.

 

[acutename]

Timeline is really tight. It takes time to burn things. And remember she says she had a headache and PF told her to take a nap. How could she have left by 7:45?

Timeline in trial will be interesting.

does anyone think she might have been driving over the speed limit, in the borrowed car with expired tags, with the two guns registered to others? Might have given her a few extra hours...

 

[GordianKnot]

Gotta ask...

What is RSABBMFF?

= Respectfully Snipped And Bolded By Me For Focus

Ha! What a mouthful!

 

[StarEyes]

If there's one thing I'm absolutely, positively certain of, it's that PF doesn't listen to anybody else on the planet. Nobody, but nobody, is capable of "convincing" PF of anything.

PF thinks he knows what needs to be done, and just how to do it.
He's that particular breed of imbecile who believes he's brilliant. (!!!!)

Let's all spare a thought for his public defender, because whoever that lucky lawyer is will be beating his/her own head with a baseball bat by the time the trial's over.

Hey, there's a thought: maybe we'll get lucky and PF will decide to represent himself!!!!


JMO.

Ugh, this reminds me of Jodi Arias. She was exactly the same way and I’m sure she still is, even in prison. Let’s pray that we don’t end up dragged through some awful circus of trials like JA managed. jmo

 

[acutename]

I see no way that PF pleads, MemPat. Sure wish I did.
He hates women...he doesn't want to see his Mom. Or KK.
Or his daughter.

He's an idiot.
He still believes he's going to win at trial.
I'd love to see the "notes" he's jotting on his legal pad in court.
Brilliant strategist.

JMO.

since he seems to dislike some women in his life, have wondered if he would actually feel comfortable in jail, but he did not look particularly healthy and happy in the pictures of his last court appearance, IMO

 

[Love Never Fails]

does anyone think she might have been driving over the speed limit, in the borrowed car with expired tags, with the two guns registered to others? Might have given her a few extra hours...

Oh yeah. She has so many screws loose in that head of hers.

 

[Love Never Fails]

I see no way that PF pleads, MemPat. Sure wish I did.
He hates women...he doesn't want to see his Mom. Or KK.
Or his daughter.

He's an idiot.
He still believes he's going to win at trial.
I'd love to see the "notes" he's jotting on his legal pad in court.
Brilliant strategist.

JMO.

I don’t think he hates women. I think he was a mamas boy who saw himself as a playboy. He liked toying with women, using them. I just see him as a selfish user, immature, rotten to the core.

 

[Thekt]

In reading the affidavit again (items 20-22) it seems as though if I am interpreting it correctly, on the 22nd, 23rd, and 24th that both PF and KB cell phones travel in the same direction together west of Cripple Creek (and KKL’s does too on the 24th). I think I get why they do on the 22 & 24, bringing the tote to Nash on the 22 and retrieving it on the 24th. It’s the 23rd (day after Thanksgiving and day before KKL is said to have arrived) that I am questioning. Has it been discussed why PF & KB phones travelled the same route the day after PF apparently dropped off the tote at Nash Ranch? Is it just a coincidence? Perhaps that is a route he frequently traveled for work, etc it would have been a Friday.