Deceased/Not Found CO - Kelsey Berreth, 29, Woodland Park, Teller County, 22 Nov 2018 - #55 *ARREST*

[MassGuy]

This is Sam’s response to someone who tweeted an article that read “Alternate Suspect Named In Kelsey Berreth Case.”

It isn't true (they've updated the article), but this is a confusing matter, especially when neither of the legal teams will comment on it. We'll have an explaining story on this tonight

Sam Kraemer on Twitter

 

[ilovechili]

My bet is still available about trial delayed if anyone wants to take me up on it. I think however that over Halloween is the perfect time for at the very least, two people who could have stopped the murder of KB... Monsters...

 

[MassGuy]

My bet is still available about trial delayed if anyone wants to take me up on it. I think however that over Halloween is the perfect time for at the very least, two people who could have stopped the murder of KB... Monsters...

I was convinced the trial would be delayed, but now I’m not so sure.

His next appearance is October 18th, and we’ll know by then at the latest, if things are on track or not.

This latest filing doesn’t appear to push anything back, but I’m still waiting to hear a more detailed analysis of what this means.

We’ll see.

 

[ilovechili]

I was convinced the trial would be delayed, but now I’m not so sure.

His next appearance is October 18th, and we’ll know by then at the latest, if things are on track or not.

This latest filing doesn’t appear to push anything back, but I’m still waiting to hear a more detailed analysis of what this means.

We’ll see.

Yep, we shall see. I don't care if I am wrong. Like most, I would like to see this trial proceed for us interested in it.

But what is it something like 40 days (including weekends) until trial, there will probably be a hearing and the prosecution will likely file something in response and that has to be taken and handled in those 40 days and fit into the court calendar. Now it took a long time for just a preliminary hearing but perhaps this will proceed quicker

I am not sure but that is my uneducated guess...

Jmo of course.

 

[gitana1]

It's going to be interesting to see whether and/or what the judge allows to come in here re: naming KK as an alternate suspect during PF's trial.

Here's a Colorado Supreme Court case that may be somewhat relevant since it pertains to an appeal of a case on the basis of a defendant not being allowed to admit alternate suspect evidence during his murder trial:
FindLaw's Supreme Court of Colorado case and opinions.
SFA:

Section IV, Paragraphs 21 - 25
IV. Analysis

¶ 21 This case requires us to clarify the framework for the admissibility of alternate suspect evidence, including evidence of other crimes, wrongs, or acts committed by the alternate suspect.

¶ 22 We hold that the admissibility of alternate suspect evidence ultimately depends on the strength of the connection between the alternate suspect and the charged crime.   To be admissible, alternate suspect evidence must be relevant (under CRE 401) and its probative value must not be sufficiently outweighed by the danger of confusion of the issues or misleading the jury, or by considerations of undue delay (under CRE 403).

¶ 23 The touchstone of relevance in this context is whether the alternate suspect evidence establishes a non-speculative connection or nexus between the alternate suspect and the crime charged.   Where the evidence concerns other acts by the alternate suspect, a court must look to whether all the similar acts and circumstances, taken together, support a finding that the same person probably was involved in both the other act and the charged crime.  CRE 404(b) principles guide this analysis.

¶ 24 Where the evidence concerns statements by the alternate suspect, a court must determine whether the alternate suspect's statements meet the requirements of CRE 804(b)(3) or any other applicable hearsay exception.   Even assuming the statements are admissible under the rules governing hearsay, the court must still determine whether the statements, along with the other proffered alternate suspect evidence, establish the requisite non-speculative connection tying the alternate suspect to the charged crime.

¶ 25 Finally, even relevant alternate suspect evidence may be excluded if its probative value is substantially outweighed by countervailing policy considerations under CRE 403, such as the danger of confusion of the issues or misleading the jury, or by considerations of undue delay.

Thanks for that.

On another note it does look like the filing was untimely. If it was due on the 16th, that was late. And so I'm back to wondering why.

I'm leaving room open that I'm wrong that this was a specific alternate suspect endorsement as @MassGuy is stating and more in line with a general denial.

I don't think so but we shall soon find out. If a hearing is set on the matter then an alternate was specifically endorsed.

Otherwise they're doing what some legal analysts have suggested and are going to try to infer that she could be responsible without specifically blaming that woman.

The state would then have to show their evidence as to how they know it couldn't have been her.

 

[gitana1]

Doesn't surprise me, there really is no other alternative for PF. What keeps me from worrying is that I don't believe there is any way in hell that DA May would have struck that 'sweety beauty of a deal' with KK unless he was 110% sure she wasn't the one who swung the bat on Thanksgiving Day.

What I do expect is for the Defense to try and create a 'reasonable doubt' by suggesting Kelsey was actually killed the following day some time after KK got to town.

Yeah I agree. They're not just trying to throw charges at whoever they can. They really do want to get the right person.

These are hard decisions for them. Fraught ones.

 

[PommyMommy]

SEP 18, 2019
In court filing, Patrick Frazee points to Idaho nurse as alternate suspect in Kelsey Berreth’s death – Canon City Daily Record
[...]

The deadline for filing alternate suspects to the court was Monday, but Frazee’s defense team had not filed those documents by then, Robert McCallum, spokesman for the Colorado Judicial Branch, confirmed. It’s unclear whether a Teller County District Court judge will accept the documents filed Tuesday.

[...]

The filing said as part of Frazee’s denial of the crimes he’s accused of, “it is anticipated that as part and parcel to general denial, there may be evidence that other individuals committed or fabricated portions of the crimes alleged against Mr. Frazee, to include Krystal Lee.”

[...]​

 

[katydid23]

This is what an attorney said yesterday in that Gazette piece.

It seems to jibe perfectly with what this new document says:

Still, being barred from specifically naming Kenney doesn't prevent the defense from leaving a trail of breadcrumbs or insinuations that point in her direction or someone else's, said defense attorney David Foley, who is not involved in the case.

"They'll ask questions, the jury will pick up on those questions, and they'll run with it from there," he said.

The lack of specificity also could turn into an advantage, Foley added.

"With an alternate suspect, you're pinning everything on one person," he said. "General denial leaves every option open."

That's ^^^ the strategy the Chase Merritt defense team tried in the McStay Family murder trial.

They went after a mutual friend of McStay and Merritt, and tried to paint him as the acvtuasxk killer. However, they also implied there were other potential suspects, and threw out suspicious inferences against various family members, etc too.

In the end, it was a failed defense. I think the jury thought it suspicious that the defense team couldn't get behind one alternate suspect t, but just was throwing spaghetti on the wall, to see if anything stuck.

 

[GordianKnot]

Exactly. They wouldn’t have wanted to let a murderer walk free, if they had any evidence KK could have been involved.

Secondly, she is useless to them if the defense is able to reasonably accuse her of murder. Part of protecting against that, would be vetting her whereabouts on the day of the murder.

The defense can still accuse her, and it certainly appears that they will. But those accusations won’t have any teeth.

BBM:
Oh, the defense is toothless, all right.

But you know who isn't toothless?

DA May & Co., that's who.

We know for a fact that the prosecution isn't toothless, because teeth were collected as evidence from the ranch including a piece of tooth that required consumptive testing.

Some here have argued that not even PF would be so stupid as to hang onto Kelsey's teeth.
I respectfully disagree.
He is both that stupid, and that lazy.
I think at least one tooth, or partial tooth, will be coming into evidence at trial.
And I think that tooth will be KB's.

What's that old saying again?

"An eye for an eye, and a ____ for a _____?"

Oh, yeah.

I remember the rest of it now.

JMO.

 

[MassGuy]

That's ^^^ the strategy the Chase Merritt defense team tried in the McStay Family murder trial.

They went after a mutual friend of McStay and Merritt, and tried to paint him as the acvtuasxk killer. However, they also implied there were other potential suspects, and threw out suspicious inferences against various family members, etc too.

In the end, it was a failed defense. I think the jury thought it suspicious that the defense team couldn't get behind one alternate suspect t, but just was throwing spaghetti on the wall, to see if anything stuck.

Yeah, if I recall, one person they tried to accuse was in Hawaii at the time of the murders. So accusing a guy who wasn’t there, obviously didn’t work.

Just like KK here.

 

[MsBetsy]

SEP 18, 2019
In court filing, Patrick Frazee points to Idaho nurse as alternate suspect in Kelsey Berreth’s death – Canon City Daily Record
[...]

The deadline for filing alternate suspects to the court was Monday, but Frazee’s defense team had not filed those documents by then, Robert McCallum, spokesman for the Colorado Judicial Branch, confirmed. It’s unclear whether a Teller County District Court judge will accept the documents filed Tuesday.

[...]

The filing said as part of Frazee’s denial of the crimes he’s accused of, “it is anticipated that as part and parcel to general denial, there may be evidence that other individuals committed or fabricated portions of the crimes alleged against Mr. Frazee, to include Krystal Lee.”

[...]​

If KK is named as the alternate suspect, can she still be a witness? How does that work?

Or maybe they are just going to produce evidence showing that she and others lied about certain details to discredit her and show that she was more involved than she claimed?
Rather than directly accuse her?
I really don't understand it but it sounds like it could get very messy. Imo

 

[MsBetsy]

Yeah, if I recall, one person they tried to accuse was in Hawaii at the time of the murders. So accusing a guy who wasn’t there, obviously didn’t work.

Just like KK here.

Yeah, but it seemed to take them forever to get around to proving he was actually in Hawaii.
I hope that doesn't happen in this case.

 

[Love Never Fails]

I’m of the opinion the defense was letting the prosecution know they are going after KKL with all they have. I suspect they are going to eat each other alive.

I’m good with that. Let the trial begin.

 

[katydid23]

Yeah, if I recall, one person they tried to accuse was in Hawaii at the time of the murders. So accusing a guy who wasn’t there, obviously didn’t work.

Just like KK here.

Yes. And I think the exact same thing is going to happen in this case.

The alternative suspect in the McStay trial was Dan Kavanaugh, who had an alibi, that he was in Hawaii with his girlfriend when the McStays were killed.

Much of the trial then involved the defense trying to destroy that alibi. They had warrants for DK's cell records and his bank records. And records of his airline ticket purchases showing he was in Hawaii for 2 weeks. And they suggested he may have snuck home in the middle of that vacation, secretly, and committed the quadruple murders.

I think a similar thing will happen here. The defense will say there is no solid proof that KB had thanksgiving dinner with her family and the State will have to bring in witnesses to show that she did.

And it will be up to the judge to determine how far off track he will allow them all to venture.

 

[alpinegirl727]

How do you suppose defense will try and pin KK when Arlo footage only shows PF in and out on 11/22?

 

[crhedBngr]

Delete

 

[MemPat]

Delete

Just saw your BCSurvivor note. Me too. 25 years. Congrats!

 

[MassGuy]

How do you suppose defense will try and pin KK when Arlo footage only shows PF in and out on 11/22?

Good question. That footage is only part of the problem, as his phone was on at the time as well.

And of course when he left, so did Kelsey’s phone (and likely her body).

Then he talks to KK on the phone, which will almost certainly put her in Idaho at the time.

So in short, I don’t have a fricken clue.

 

[303gmf]

Good question.

The only "alternate suspect" trial that comes to mind is Martha Moxley.

Michael Skakel's defense brought up the Skakel tutor (Littleton) in first trial as the alternate. (I believe defense wanted to blame his brother Tom as alternate suspect in the last trial).

I recall that if Michael confessed to his attorney's - they could not let him perjure himself and would have to prevent him from testifying. It didn't stop them from suggesting another killed Martha. MOO

If only Dominic Dunne was still around to write a few more books!

 

[MyBelle]

Doesn't surprise me, there really is no other alternative for PF. What keeps me from worrying is that I don't believe there is any way in hell that DA May would have struck that 'sweety beauty of a deal' with KK unless he was 110% sure she wasn't the one who swung the bat on Thanksgiving Day.

What I do expect is for the Defense to try and create a 'reasonable doubt' by suggesting Kelsey was actually killed the following day some time after KK got to town.

The "sweet beauty of a deal" is still contingent on KK telling the truth. I think DA May wants the truth as does everyone else. By now listing two public defender investigators as potential trial witnesses, I'd like to know that they uncovered in their investigation.

I've never believed the scented candles/baseball bat story or that PF told KK there was a tooth stuck in a vent that PF told her to retrieve or that PF attempted to burn the body on his property while his mother was home. That's all incredibly far-fetched, imo.