CO CO - Kelsey Berreth, 29, Woodland Park, Teller County, 22 Nov 2018 - #53 *ARREST*

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Patrick Frazee pleads not guilty to killing fiancee Kelsey Berreth; trial set for October

CRIPPLE CREEK, Colo. — Patrick Frazee, the man accused of killing his fiancee Kelsey Berreth and burning her remains on a makeshift pyre, pleaded not guilty on Friday morning in Teller County District Court.

Frazee is being held without bond. Berreth’s remains have not been found despite a search in an El Paso County landfill.

Teller County District Court Judge Scott Sells set a three-week trial to begin on Oct. 28.
 
Would have been nice for KB's family and little K if he had done the right thing today, but it appears he is incapable of EVER doing the right thing. Arrogant ar$e! I guess we all knew that, right?

Well, our consolation is we get to hear what Ma F has to say and hopefully incriminate herself in some way and then watch the defence have a "hay day" with KK and expose her for the devil she really is. I'm still fuming over the attempts by the Rockstahl's and MS and a few others to paint her like some sort of poor, misled, fearful, innocent, love struck damsel. Makes me want to chuck my cookies. Something to look forward to when it finally happens, which I somehow doubt will be Oct. 28th. JMHO
 
ilovewings said:
How does the prosecutor go for the death penalty without a body???
Click to expand...
'No Body' Murder Cases
SFA:
But a funny thing often happens on the way to a 'no body' murder trial, especially if the death penalty is on the table.

When faced with the possibility of the ultimate penalty, says attorney Debaise, "It's very common that the defendants will bargain with the location of a body."

If you take death off the table in exchange for the victim's remains suddenly a 'no body' case can get solved on lots of different levels.
______________________________________________
It's not at all unprecedented.

There are several strategic reasons for the DA to consider making this a capital murder case.
One reason relates to the bolded info above.

There's also the fact that in Colorado capital murder cases, both sides get 10 presumptive strikes during jury selection, whereas in all other criminal cases, they only get 5 presumptive strikes. Jury selection is going to be critically important in this trial.

Until DA May takes the DP off the table officially, I'm not taking it off the table, either.

I am not interested in trying to help PF sleep any easier right now.

Thankfully and much more importantly, neither is Dan May.

JMO.
 
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Updated

Timeline - PART 3
(March 1, 2019 - June 24, 2019)

March 1, 2019 - Friday
  • PF filed a motion in Teller County District Court asking a judge to deny a claim by Berreth’s parents. Colorado’s wrongful death statute clearly states that the Berreths have no standing to make a legal claim based on the alleged wrongful death of Kelsey Berreth, the motion says.
March 4, 2019 - Monday
  • PF - Legal Argument Hearing - 8:30 am
Inmate #: 2018001543
Booking #: 18-02029
Case #: D602018CR330
  • Judge agreed to unseal 22 of the 28 search warrants, he did not allow the exhibits displayed at the preliminary hearing to be made public. Both the prosecution and defense agreed that they did not want those released ahead of the trial. Some of the 22 warrants to be made public this week detail records from Verizon, Google and Facebook.
  • The state and defense agreed to move a decision about consumptive evidence testing until after PF’s arraignment. Consumptive testing involves evidence that can only be tested one time, likely due to the size of the evidence or the material in question.
March 6, 2019 - Wednesday
March 7, 2019 - Thursday
  • Motion filed by defense
March 11, 2019 - Monday
  • PF Wrongful Death - Scheduling and Planning Conference - 1:30 pm (Vacated pending a ruling on motion filed by defense on 3/7/19)
Case: 19-cv-00027-PAB-KMT

April 4, 2019 - Thursday
  • Disposition Hearing (Custody) - 8:30am
Case #: D602018JV26
  • EF, PF’s sister, was also at the hearing with her partner. She’s vying for custody of her niece as well.
  • The Teller County District Court once again ruled on Thursday that PF and KB's 1-year-old daughter will stay in the custody of the child's maternal grandparents.
Colorado Judicial Branch - Court Docket Search

April 5, 2019 - Friday
  • PF - Arraignment - 8:30 am
Inmate #: 2018001543
Booking #: 18-02029
Case #: D602018CR330
  • The defense requests a continuance. The people have no objection.
  • No plea today. Judge Sells reschedules arraignment for 5/24.
  • Both parties want seven more weeks for forensic evidence testing. Defense feels PF needs that information before moving forward.
  • Judge Scott Sells says he doesn’t think it’s appropriate to set a trial date until all parties have more info on forensic testing.
  • Judge granted defense access to DHS records.
  • The testing they’re waiting on is the consumptive testing, which they still have to finalize a procedure for. May says some of the evidence hasn’t been tested yet.
  • May says it’s not the time to think about pursuing the death penalty. It must happen after arraignment. After the plea, they have 9 weeks to decide.
  • When asked about a change of venue, May says that’s a question for the defense, who would request that.
  • May says he won’t comment on whether a plea deal is being pursued.
  • Beth Reed talked about the social services record. She’s referencing the lack of reports suggesting KB harmed her daughter (like PF claimed). She says these records are post-arrest.
April 17, 2019 - Wednesday
  • Woodland Park Police have concluded their search of the Midway Landfill. They did not find KB’s remains.
May 2, 2019 - Thursday
  • WP City Council Meeting - WP Police were authorized to spend $80,000 on the landfill search for KB’s remains. That money went toward equipment, fuel, food, overtime and more. The appropriation was approved by city council at the meeting.
May 22, 2019 - Wednesday
  • A Teller County judge has barred TV and newspaper cameras from a court hearing scheduled Friday in the PF’s murder case claiming that extraordinary media coverage might impinge on his right to have a fair trial.
  • People v PF: Decorum and EMC orders have been issued for Friday’s arraignment. EMC denied. No cameras in the courtroom and no photography in the courthouse.
  • People v PF: electronic devices including phones, laptops and pdas my be used for note taking, Tweeting, Facebooking, etc., in the courtroom during Friday’s arraignment. No photography, video or audio recording.
May 23, 2019 - Thursday
  • A spokeswoman for the District Attorney's Office said she is barred from addressing the issue of plea negotiations, and the defense has cited a gag order in declining to field questions, making it unclear how PF intends to proceed.
May 24, 2019 - Friday
  • PF - Arraignment - 8:30 am
Inmate #: 2018001543
Booking #: 18-02029
Case #: D602018CR330
  • PF pleaded not guilty to all felony charges at the Teller County courthouse in Cripple Creek, Colorado.
June 13, 2019 - Thursday
  • PF Review with Appearance of Parties (Custody) - 8:15am
Case #: D602018JV26
(Review with appearance is to advise the court the status of the case and how the parties want to proceed. The parties are required to appear in court in person.)

June 14, 2019 - Friday
  • Hearing 9:00 am - Consumptive Testing
June 24, 2019 - Monday
  • KK- Review Hearing - 11 am - Teller County
Case #: D602019CR17
(KK is allowed to appear for review hearings by phone until closer to sentencing)

August 23, 2019 - Friday
  • Motions Hearing 9:00 am
October 28, 2019 - Monday
  • PF’s Trial - 8:30am (Trials is expected to take 3 weeks)
Inmate #: 2018001543
Booking #: 18-02029
Case #: D602018CR330

KB, PF and KK’s cell phone communication and locations information between Nov. 22 - Dec. 4
  • Nov. 22, 2018 - The analysis of the cell phone data revealed that KB and PF cellular phones connected to the same Verizon tower in WP at 12:23 p.m when KB missed a call from PF at 12:31 p.m.
  • Nov. 22, 2018 - Both KB and PF’s phones were seen by towers near Cripple Creek in the evening, traveling in the same directions and often similar distances from the cell towers hen measurements were captured by the Verizon network. This would indicate the phones were likely together.
  • Nov. 22, 2018 - KK spoke with PF at 4:30 p.m. PF texted KK asking for her to call him. PF eventually called KK, saying, she had to get to CO because she had a mess to clean up. KK interpreted that as KB was dead. Cell phone records support this cell phone conversation.
  • Nov. 23, 2018 - both KB and PF’s phones utilized the Verizon cell tower in Florisant, along with the sector facing PF’s residence when PF’s phone called KB’s phone in the morning. Later in the day, both phones then appear to travel together from the area of PF’s residence towards the same area west of Cripple Creek and both phones had visited the prior evening before returning in the direction of PF’s residence.
  • Nov. 24, 2018 - Both KB and PF’s phones utilized the Verizon cell tower in Florisant, along with the sector facing PF’s residence when PF’s phone called KB’s phone first thing in the morning. Both phones eventually travel to same area west of Cripple Creek.
  • Nov. 24, 2018 - Call records indicate PF and KK communicated at 7:23 a.m., 10:47 a.m., 11:39 a.m., 1:06 p.m. and 5:21 p.m. (KK initially told LE she was at PF’s residence at this time)
  • Nov. 24, 2018 - KK’s cell phone was connected to a cell tower and also to a sector of that tower that would service KB’s residence on the morning of Nov. 24, 2018. The tower is some distance from the PF residence and likely wouldn’t service his residence.
  • Nov. 24, 2018 - KK sent Meghan a text message in the afternoon, asking if she could stay the night at her house because she had too much to drink. Meghan said the content of the message was false and was only meant to establish an alibi in case CL checked KK’s phone or called Meghan to see where KK was.
  • Nov. 24 and or Nov. 25, 2018 - KB’s cellular phone likely traveled from CO via I 70 into Utah and I 15 through Salt Lake City into Idaho during the evening of Nov. 24 and/or the morning of Nov. 25.
  • Nov. 24 and or Nov. 25, 2018 - KK’s phone traveled back to Idaho on the 24th or 25th of November. KK’s phone was connected to the exact same tower an sectors in a remote area of the Colorado/Utah border on the morning of Nov. 25. KK’s phone was connected to the tower at approximately 4:13 a.m., 4:17 a.m. and 4:23 a.m. KB’s phone was connected to the tower at approximately 4:11 a.m. and 4:16 a.m.
  • Nov. 25, 2018 - Last activity for KB’s phone at 5:13 p.m. approximately 6.38 W/Sw from a Verizon cell tower in Gooding, Idaho. That distance placed the phone at or near Malad Gorge State Park, which is supported by additional tower measurements from Verizon in the minutes leading up to that data point.
  • Nov. 25, 2018 - KK was in cell phone communication with PF on her return trip to Idaho, including shortly after the last activity of KB’s cell phone.
  • Dec. 4, 2018 - KK lost her cell phone and purchased a replacement Samsung device. (same day LE seized PF’s cell phone.
  • Dec. 4, 2018 - LE seized PF’s cell Phone
LINKS:
Colorado Judicial Branch Docket Search: Colorado Judicial Branch - Court Docket Search
Teller County Jail Lookup: Archonix XJail Public
4th District Cases of Interest: Colorado Judicial Branch - 4th Judicial District - Homepage
People of CO v. PF: Colorado Judicial Branch
People v. KLK: Colorado Judicial Branch
Custody Docket: Colorado Judicial Branch - Court Docket Search
Case#: D602018JV26
Year = 2018
Case Class = JV
Case Sequence = 26

Amended Civil Action Complaint: http://media.graytvinc.com/documents/Amended+complaint+vs+Patrick+Frazee.pdf

Sam Kraemer Twitter: Sam Kraemer (@SamKraemerTV) | Twitter
Clayton Sandell Twitter: Clayton Sandell (@Clayton_Sandell) | Twitter
Kayna Whitworth Twitter: @KaynaWhitworth
Becky Perlow Twitter: @gobeckygo
Carol McKinley Twitter: @CarolAMcKinley
Emily Shapiro Twitter: @EmilyShapiroABC
Lance Benzel Twitter: Lance Benzel (@lancebenzel) | Twitter
KB Twitter Search: kelsey berreth - Twitter Search
PF Twitter Search: #PatrickFrazee hashtag on Twitter
 
susiQ said:
Would have been nice for KB's family and little K if he had done the right thing today, but it appears he is incapable of EVER doing the right thing. Arrogant ar$e! I guess we all knew that, right?

Well, our consolation is we get to hear what Ma F has to say and hopefully incriminate herself in some way and then watch the defence have a "hay day" with KK and expose her for the devil she really is. I'm still fuming over the attempts by the Rockstahl's and MS and a few others to paint her like some sort of poor, misled, fearful, innocent, love struck damsel. Makes me want to chuck my cookies. Something to look forward to when it finally happens, which I somehow doubt will be Oct. 28th. JMHO
Click to expand...

I'm interested in what Ma F has to say but I'm more interested in hearing KK on the stand. She couldn't spit out a couple sentences without 'crying'. She has to remember her first stories (lies) and what she told LE, FBI, etc. I think she'll crumble! JMO
 
justme11 said:
I'm interested in what Ma F has to say but I'm more interested in hearing KK on the stand. She couldn't spit out a couple sentences without 'crying'. She has to remember her first stories (lies) and what she told LE, FBI, etc. I think she'll crumble! JMO
Click to expand...
She’s so damn lucky that this won’t be televised.
 
GordianKnot said:
'No Body' Murder Cases
SFA:
But a funny thing often happens on the way to a 'no body' murder trial, especially if the death penalty is on the table.

When faced with the possibility of the ultimate penalty, says attorney Debaise, "It's very common that the defendants will bargain with the location of a body."

If you take death off the table in exchange for the victim's remains suddenly a 'no body' case can get solved on lots of different levels.
______________________________________________
It's not at all unprecedented.

There are several strategic reasons for the DA to consider making this a capital murder case.
One reason relates to the bolded info above.

There's also the fact that in Colorado capital murder cases, both sides get 10 presumptive strikes during jury selection, whereas in all other criminal cases, they only get 5 presumptive strikes. Jury selection is going to be critically important in this trial.

Until DA May takes the DP off the table officially, I'm not taking it off the table, either.

I ain't interested in trying to help PF sleep any easier right now.

Thankfully and much more importantly, neither is Dan May.

JMO.
Click to expand...

I’ve never seen it result in a death penalty verdict though.

I think PF is going for the home run here, and isn’t about to give up anything.

I’d love May to do it, but I’m not even a little bit optimistic.

PF probably isn’t scared of the death penalty anyways, as no one is ever going to be put to death in Colorado.
 
justme11 said:
I'm interested in what Ma F has to say but I'm more interested in hearing KK on the stand. She couldn't spit out a couple sentences without 'crying'. She has to remember her first stories (lies) and what she told LE, FBI, etc. I think she'll crumble! JMO
Click to expand...
Oh yes, those CROCODILE tears.....again!:confused: I'll need to take my anti nausea medication:p
 
justme11 said:
I'm interested in what Ma F has to say but I'm more interested in hearing KK on the stand. She couldn't spit out a couple sentences without 'crying'. She has to remember her first stories (lies) and what she told LE, FBI, etc. I think she'll crumble! JMO
Click to expand...

BBM:

I don't.

KK won't crumble. For one reason, she can't afford to do that.

KK's sweetie beauty of a deal with the DA is contingent upon her telling the truth, the whole truth, and nothing but the truth when she lumbers up onto that stand at PF's trial.

KK clearly has enough of an instinct for self-preservation that she'll remember that she's required to fulfill her end of the bargain with the prosecutor in order to save her own leathery hide.

That creature is as tough as leather and as hard as nails when she needs to be.

JMO.
 
Some thoughts after this morning's activity:

- IIRC, death row is particularly nasty - not quite solitary confinement with the worst of the worst and limited activity to roam around. If so, until such time as the death penalty is actually legally gone, bad people can be convicted of it - and kept on death row. That might be May's real negotiating edge here - does PF want to spend years on death row or years mixing with other inmates?

- I hope KB left a will. I can't see why her parents would be in a hurry to execute any will she might have left, but if (please, no!) she left a will leaving anything to PF or Baby K directly, I assume PF and SF would want to get at it.

- Grrrr, that defense attorney! Doesn't want PF photographed on a public street entering the courthouse? Seriously? I hope ordinary citizens turn up in big numbers with their cellphones at the ready if the judge grants a crazy request like this. If he doesn't want his face exposed on a public street, he can put a blanket over his head - it's been done before.
 
MassGuy said:
I’ve never seen it result in a death penalty verdict though.

I think PF is going for the home run here, and isn’t about to give up anything.

I’d love May to do it, but I’m not even a little bit optimistic.

PF probably isn’t scared of the death penalty anyways, as no one is ever going to be put to death in Colorado.
Click to expand...

I recently googled death row prisoners in CO. Per the Denver Post in March there are 3. One was convicted in 1993 with 8 counts of first degree murder. Not sure I understand the point.
Life without parole, can't they still appeal?

Colorado death row inmates: The three men awaiting execution
 
MassGuy said:
I’ve never seen it result in a death penalty verdict though.

I think PF is going for the home run here, and isn’t about to give up anything.

I’d love May to do it, but I’m not even a little bit optimistic.

PF probably isn’t scared of the death penalty anyways, as no one is ever going to be put to death in Colorado.
Click to expand...

http://www.nobodymurdercases.com/no_body2.pdf

Linking to nobodymurdercases.com

Cites hundreds of examples of no body murder cases.

A few of them were sentenced to death.
Not many at all, but a few.

So there's precedent.

It's not a "This has never ever happened before" scenario.
On extremely rare occasions, no body murder convictions have resulted in death penalty sentences.

Mark Christopher Crew murdered his wife Nancy in 1989.
No body case.
Sentenced to death.
California Supreme Court rejects South Bay killer’s appeal – The Mercury News
 
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justme11 said:
I recently googled death row prisoners in CO. Per the Denver Post in March there are 3. One was convicted in 1993 with 8 counts of first degree murder. Not sure I understand the point.
Life without parole, can't they still appeal?

Colorado death row inmates: The three men awaiting execution
Click to expand...
Yup. It’s the appeals that draw it out over decades.

None of those men will ever be killed by the state.

Colorado is moving away from the death penalty, and I fully expect it to be abolished in the near future.
 
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