Deceased/Not Found CO - Kelsey Berreth, 29, Woodland Park, Teller County, 22 Nov 2018 - #54 *ARREST*

[cryscrys]

Just going to insert a quick comment here...I find it chilling that he accused her of burning the baby. That is all.

 

[PommyMommy]

Sam Kraemer on Twitter
Viehman asks how she knew about Thanksgiving being a critical date, which they attribute to media coverage. @KOAA #KelseyBerreth #PatrickFrazee
10:08 AM - 23 Aug 2019

Ashley Franco on Twitter
Longmire says she knew something about the case from seeing it on TV. She says her discussion with #PatrickFrazee was centered around the Thanksgiving time period when #KelseyBerreth went missing. @KKTV11News
10:08 AM - 23 Aug 2019

Sam Kraemer on Twitter
That wraps up questioning of Longmire. Stiegerwald asks the court to suppress that information on the grounds she’s asking incriminating questions, steering the conversation to dates in question. @KOAA #KelseyBerreth #PatrickFrazee
10:09 AM - 23 Aug 2019

 

[PommyMommy]

Sam Kraemer on Twitter
Stiegerwald says she was aware Frazee was represented by the public defender’s office for the criminal allegations. He says she essentially misled Frazee. @KOAA #KelseyBerreth #PatrickFrazee
10:10 AM - 23 Aug 2019

Sam Kraemer on Twitter
Stiegerwald: In the context of a conversation for the welfare of your child, but asking questions that could be used for or against him, this violated Frazee’s constitutional rights. @KOAA #KelseyBerreth #PatrickFrazee
10:11 AM - 23 Aug 2019

Sam Kraemer on Twitter
Viehman says Frazee was not “in custody” in line with case law. She says him being in jail doesn’t mean he was “in custody” per Miranda laws. The door was open. He wasn’t in handcuffs, she adds. @KOAA #KelseyBerreth #PatrickFrazee
10:12 AM - 23 Aug 2019

Sam Kraemer on Twitter
Viehman: Ms. Longmire is not a law enforcement agent, which means she’s not required to provide Miranda rights. She was just doing her job as a case worker to interview everyone. @KOAA #KelseyBerreth #PatrickFrazee
10:13 AM - 23 Aug 2019

Carol McKinley on Twitter
Attorneys for #patrickfrazee - Mary Longmire saw him in jail & asked questions @ abuse and substance abuse as if she were law enforcment under the guise of care for his & #kelseyberreth's daughter. DA argues frazee could have refused to answer. Judge has yet to make an order.
10:15 AM - 23 Aug 2019

 

[PommyMommy]

Sam Kraemer on Twitter
Viehman: Her goal at that time was to determine where the couple’s daughter should go. There were competing relatives here... it was incumbent upon Longmire to find the best place for the child. @KOAA #KelseyBerreth #PatrickFrazee
10:15 AM - 23 Aug 2019

Sam Kraemer on Twitter
Viehman: There’s really nothing about these questions that would illicit a criminal response. This wasn’t even an interrogation. His statements were completely voluntary. @KOAA #KelseyBerreth #PatrickFrazee
10:16 AM - 23 Aug 2019

Sam Kraemer on Twitter
Viehman: Longmire never issued an ultimatum to Frazee regarding he questions. It was very friendly, cordial & professional. On those grounds, she’s asking Judge Scott Sells to deny the motion. @KOAA #KelseyBerreth #PatrickFrazee
10:17 AM - 23 Aug 2019

Sam Kraemer on Twitter
Sells says he’ll plan to rule on that by next Friday. @KOAA #KelseyBerreth #PatrickFrazee
10:17 AM - 23 Aug 2019

Ashley Franco on Twitter
Judge Sells says he's issuing a written order and his decision should be made next Friday. @KKTV11News #KelseyBerreth
10:18 AM - 23 Aug 2019

Sam Kraemer on Twitter
The judge now talking about 404b evidence. The state doesn’t intend to file a response to the defense motion on this. @KOAA #KelseyBerreth #PatrickFrazee
10:19 AM - 23 Aug 2019

 

[PommyMommy]

Ashley Franco on Twitter
Prosecution says there's evidence pertaining to the background of #PatrickFrazee and #KelseyBerreth and #KrystalLee. Prosecution says they believe they may introduce hearsay of Kelsey Berreth further down the line. @KKTV11News
10:20 AM - 23 Aug 2019

Sam Kraemer on Twitter
State says they could see some residual hearsay evidence of Kelsey Berreth during the trial. This is in response to the defense motion for advance notice. Judge asks if 35 days is enough. Stiegerwald says yes unless it’s extraordinary. @KOAA #KelseyBerreth #PatrickFrazee
10:20 AM - 23 Aug 2019

Sam Kraemer on Twitter
Sells says rarely does he grant an order to both parties to release all res gestae evidence. Reed says she could see questioning Krystal Kenney at trial about her relationship with Frazee. @KOAA #KelseyBerreth #PatrickFrazee
10:22 AM - 23 Aug 2019

 

[PommyMommy]

Sam Kraemer on Twitter
Judge asks if that would be in relation to the solicitation attempts. Reed says yes. Stiegerwald says he thinks they’re entitled to know in advance about testimony she’d provide about her relationship with Frazee. @KOAA #KelseyBerreth #PatrickFrazee
10:23 AM - 23 Aug 2019

Sam Kraemer on Twitter
Judge denies request for the state to file advance notice of res gestae evidence. @KOAA #KelseyBerreth #PatrickFrazee
10:24 AM - 23 Aug 2019

Dani Fried on Twitter
Prosecution may introduce evidence of hearsay pertaining to #PatrickFrazee #kelseyberreth and #krystallee
10:25 AM - 23 Aug 2019

Lance Benzel on Twitter
Judge postpones ruling on defense request to throw out #PatrickFrazee’s incriminating statements on Dec. 26 to a Teller DHS worker, when he was jailed. @csgazette #KelseyBerreth
10:25 AM - 23 Aug 2019

Ashley Franco on Twitter
Jude Sells is denying the request for the state to file advanced notice of res gestae evidence. @KKTV11News #PatrickFrazee #KelseyBerreth.
10:25 AM - 23 Aug 2019

 

[PommyMommy]

Sam Kraemer on Twitter
Now onto the state’s motion for advance notice of the juror list. Sells says it’s unclear. He read it as requesting juror names & addresses. Reed says they don’t intend to contact any of them (that’d be jury tampering). @KOAA #KelseyBerreth #PatrickFrazee
10:27 AM - 23 Aug 2019

Dani Fried on Twitter
People’s motion 11: filing a motion for advanced notice of the jurors list. The people also asked for a protective order. Pertaining to the protection of potential jurors. The request has been modified for the jury names. This information is limited to council and staff.
10:28 AM - 23 Aug 2019

Sam Kraemer on Twitter
Reed says they’d do some investigation based on those names. Judge clarifying if the information is limited to both parties & their staff. Reed says yes. @KOAA #KelseyBerreth #PatrickFrazee
10:28 AM - 23 Aug 2019

Lance Benzel on Twitter
During that interview, #PatrickFrazee claimed to have repeatedly communicated with #KelseyBerreth in days after authorities say she was already dead, describing how Berreth asked him to watch their daughter. @csgazette
10:28 AM - 23 Aug 2019

Sam Kraemer on Twitter
Stiegerwald says he doesn’t think the addresses would be helpful in any way. He also wants to clarify which staff members could see this info. He doesn’t want May to be able to use law enforcement resources. @KOAA #KelseyBerreth #PatrickFrazee
10:29 AM - 23 Aug 2019

 

[PommyMommy]

Sam Kraemer on Twitter
Reed says they want to streamline the process in knowing what questions they want to ask. She says that’s why they’d use law enforcement assistance. @KOAA #KelseyBerreth #PatrickFrazee
10:30 AM - 23 Aug 2019

Ashley Franco on Twitter
Judge Sells says he's uncomfortable with the idea that DAs office can do background checks on any person in the juror pool. @KKTV11News #PatrickFrazee.
10:31 AM - 23 Aug 2019

Sam Kraemer on Twitter
Sells says he’d be uncomfortable with local law enforcement running an investigation on someone’s name that pops up in the jury pool, knowing the DA’s Office has the ability to run background check. @KOAA #KelseyBerreth #PatrickFrazee
10:31 AM - 23 Aug 2019

 

[PommyMommy]

Sam Kraemer on Twitter
Stiegerwald says his office is limited to looking at previous cases within Colorado. He does not want them (potential jurors) to be subject to another investigation. He says police would help the DA but not his office. @KOAA #KelseyBerreth #PatrickFrazee
10:33 AM - 23 Aug 2019

Sam Kraemer on Twitter
Reed says there are other cases where jurors have not disclosed previous criminal behavior, and once that information is discovered, the rulings have been reversed. She says they’re trying to avoid that. @KOAA #KelseyBerreth #PatrickFrazee
10:34 AM - 23 Aug 2019

Sam Kraemer on Twitter
Judge asks if the DA’s Office has investigators. Reed says yes. Judge says he will grant the order that prosecution, defense & court receive a list of the summoned jurors — names only. @KOAA #KelseyBerreth #PatrickFrazee
10:36 AM - 23 Aug 2019

Krystal Story on Twitter
We've got a busy day ahead of us! I'm stepping into the courtroom for the #PatrickFrazee case, taking over this afternoon for @DaniFriedKRDO at some point. #KelseyBerreth @KRDONC13
10:36 AM - 23 Aug 2019

 

[PommyMommy]

Sam Kraemer on Twitter
Judge is limiting the information to the attorneys, investigators & clerks working this case for both parties. He denies the request to release it to law enforcement, noting privacy concerns for the jurors. @KOAA #KelseyBerreth #PatrickFrazee
10:37 AM - 23 Aug 2019

Sam Kraemer on Twitter
He wants no one, whether directly or indirectly, to contact anyone on the juror list. @KOAA #KelseyBerreth #PatrickFrazee
10:38 AM - 23 Aug 2019

Lance Benzel on Twitter
Judge Scott Sells says he hopes to rule by Aug. 30 whether #PatrickFrazee’s statements that day will be admissible at trial. @csgazette #KelseyBerreth
10:40 AM - 23 Aug 2019

Sam Kraemer on Twitter
Judge grants motion related to cell phone evidence for the three listed numbers related to “self-authenticating documents”. State’s motion for discovery is granted. @KOAA #KelseyBerreth #PatrickFrazee
10:40 AM - 23 Aug 2019

 

[PommyMommy]

Dani Fried on Twitter
People’s motion 12: they will have the affidavits released in time from the telephone company. “People’s notice of intent to introduce Self-Authentication documents” has been granted
10:39 AM - 23 Aug 2019

Dani Fried on Twitter
P 13 and P 14 have also both been granted. P15 people’s motion to require ultimate suspect endorsement that there be a pre trial hearing of some sorts. With the trial drawing near the people are requesting 35 days prior to trial.
10:41 AM - 23 Aug 2019

Krystal Story on Twitter
Judge asks if there will be an alternate suspect, that a pre-trial hearing comes beforehand. Preferably, 35 days before the trial. Remember, the trial is set to start Oct. 28. #PatrickFrazee #KelseyBerreth @KRDONC13
10:41 AM - 23 Aug 2019

Sam Kraemer on Twitter
Now onto the alternate suspect motion. Reed says they’d request a 35-day deadline ahead of trial for such a defense. Stiegerwald says that would be fine. @KOAA #KelseyBerreth #PatrickFrazee
10:41 AM - 23 Aug 2019

 

[PommyMommy]

Sam Kraemer on Twitter
Reed, noting that would be close, asks if that could be moved to Sept. 1. Stiegerwald says that seems unrealistic due to thousands of pages of discovery. @KOAA #KelseyBerreth #PatrickFrazee
10:42 AM - 23 Aug 2019

Sam Kraemer on Twitter
Judge says pre-trial readiness on the morning of Oct. 18. He asks if a hearing on the alternate suspect defense could fit there. Reed says they’d need more than 10 days (before trial) for preparation. @KOAA #KelseyBerreth #PatrickFrazee
10:43 AM - 23 Aug 2019

Sam Kraemer on Twitter
Stiegerwald is asking for the 35 days (before trial), which would be around Sept. 20. Judge rules that any alternate suspect defense must be done by Sept. 16, barring new discovery. @KOAA #KelseyBerreth #PatrickFrazee
10:45 AM - 23 Aug 2019

Sam Kraemer on Twitter
Judge asks about the consumptive testing. Viehman says the vast majority of it is done. She says some other evidence was submitted for that. @KOAA #KelseyBerreth #PatrickFrazee
10:46 AM - 23 Aug 2019

 

[KathrynL]

Can't figure out how to embed tweet, but judge adjourned the hearing to discuss jury selection/protocol with Prosecution and Defense privately. Court is now in recess.

 

[PommyMommy]

Krystal Story on Twitter
Prosecutors: "The vast majority of CBI testing has been completed." This is different from the consumptive testing. #PatrickFrazee #KelseyBerreth @KRDONC13
10:46 AM - 23 Aug 2019

Sam Kraemer on Twitter
Judge says he’s going to adjourn this hearing, but meet privately with both parties regarding jury selection & protocol. He says that needs to be done with protection from the public. @KOAA #KelseyBerreth #PatrickFrazee
10:47 AM - 23 Aug 2019

Krystal Story on Twitter
Judge announces this hearing will adjourn to speak with counsel, defense and Frazee on jury selection away from the public. #PatrickFrazee #KelseyBerreth @KRDONC13
10:47 AM - 23 Aug 2019

Sam Kraemer on Twitter
And we’re in recess. @KOAA #KelseyBerreth #PatrickFrazee
10:48 AM - 23 Aug 2019

Lance Benzel on Twitter
That’s a wrap on today’s motions hearing. #PatrickFrazee is due to return to court in Cripple Creek on Oct. 18 for a pre-trial hearing, 10 days before start of his trial. @csgazette #KelseyBerreth
10:54 AM - 23 Aug 2019

 

[PommyMommy]

Dani Fried on Twitter
The portions of the hearing that are open to the public are now over. Tune in at noon for a live update.
10:57 AM - 23 Aug 2019

Dani Fried on Twitter
DA Dan May: standard motions to know what their theory of defense is. Motions for the most part were granted. 7-10 the judge will rule on motion to suppress. They are not seeking the death penalty in this case.
11:01 AM - 23 Aug 2019

 

[Tippy Lynn]

I'm keeping the timeline simple. I hoping to add each motion ruling when/if I get time.

August 23, 2019 - Friday

• Motions Hearing 9:00 am (All Day)
• Prosecutors filed a motion to require the defense to endorse an alternate suspect defense "if he intends to present such evidence at trial."
• The hearing will also cover logistical details surrounding jury selection. Prosecutors asked for a jury pool of 250 people, while the defense asked for a pool of 300 people.
• The defense also asked for a total of 80 to 90 people for the final stage of jury selection, and the prosecution proposed 70-80 potential jurors.
• Both prosecutors and the defense agreed to having four alternate jurors.
• The defense wants to suppress statements PF made to an employee with DHS at the Teller County Jail five days after his arrest. The defense said the woman asked him questions, and they want those statements thrown out.
• Court updates begin on Thread #54 @ Post #515 - Post #574. Deceased/Not Found - CO - Kelsey Berreth, 29, Woodland Park, Teller County, 22 Nov 2018 - #54 *ARREST*
• DHS Case Worker - Thread #54, (Post #515 - Post #564)
• 404B Evidence - Thread #54, Post (#564 - 567)
• State’s motion for advance notice of the juror list - Thread #54, (Post #567 - #569)
• Multiple motion rulings, phone company records, Alternate Suspect, Consumptive testing - Thread #54, (Post #570 - Post #574)

 

[imstilla.grandma]

Patrick Frazee wants statements to social worker suppressed in murder case

 

[katydid23]

Ok, so the public part of the hearing is done. Whew....that would suck if it was ongoing when the forum went into shutdown mode....

See y'all when the server is back up.

 

[Tippy Lynn]

Thanks for all the updates today @PommyMommy!

 

[PommyMommy]

Lance Benzel on Twitter
More on decision against seeking death penalty. DA Dan May says prosecutors thought they could argue “lying in wait,” potentially making #PatrickFrazee eligible. But AG’s Office said it wouldn’t survive “half time.” @csgazette
11:19 AM - 23 Aug 2019

Lance Benzel on Twitter
Without cooperation from AG, pressing ahead would ignite controversy, May told reporters. @csgazette #PatrickFrazee
11:20 AM - 23 Aug 2019

Lance Benzel on Twitter
Asked if he meant that AG’s “no” opinion was decisive, May demurred, answering, “It’s a moot point.” He also sidestepped Q about how #KelseyBerreth’s family reacted to news. @csgazette
11:24 AM - 23 Aug 2019