Here's the latest Part 3 timeline. Any news on the custody hearing today?
Timeline - PART 3
(March 1, 2019 - December 2, 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
Colorado Judicial Branch
March 7, 2019 - Thursday
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.
- Hearing Conservators (2 1/2 hours), which is different than a custody hearing in that it's usually held to appoint someone to represent a child or adult in ongoing legal matters. The courtroom was closed to the media and anyone not associated with the case, and details of that hearing — including the outcome — were not available Friday.
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
- Judge Sells approved the background testing requested by CBI. Sells says CBI is accredited and finds it is reasonable for them to ask for a DNA swab for defense attorney’s expert to be present during testing.
- PF attorneys contend mandatory back ground checks and buccal swabs for their DNA expert are too intrusive. Judge Sells disagrees. He says anyone who comes into the lab should be tested to deter contamination. Testing could begin in two weeks.
- Porter asks the buccal swab for their expert (who hasn’t been identified yet) be destroyed after the testing. Sells says he won’t rule on that today. Porter says they should ID their expert within two weeks. Viehman says they want to start another round of testing soon.
- Press Conference
- Item to be tested is a tooth or possible tooth, prosecutor Jennifer Viehman says. She won’t say to whom it may belong.
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)
- KK appeared by phone
- KK will testify against PF
- Looking at Nov. 25 and Dec. 2. Since the plea deal requires KK to testify against PF, preferring Dec. 2. This wouldn’t be a sentencing date. Assuming the trial would be complete, KK would report to probation on that day with sentencing scheduled for 8 weeks after that.
July 26, 2019 - Friday
- 4th Judicial District Attorney's Office, confirmed to News 5 that prosecutors did not file the motion to seek the death penalty against PF
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." (Sells ruled in favor of the state in its request for advanced notice regarding an alternate suspect. Defense has until Sept 16 to put forth an alternative suspect)
- 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. (Judge will rule on this within a week)
- 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)
- Judge Sells has denied a motion by the state to file an advance notice of res gestae evidence. That motion would have allowed otherwise inadmissible hearsay evidence to be presented in the case. The state said it would have been in relation to solicitation to commit murder charges that PF is facing and additional hearsay evidence of KB during the trial.
- Longmire said she spoke with PF’s mother SF and other relatives on the day of PF’s arrest. She said her interview with PF was to serve him notice about the custody proceeding. She said she made an appointment and informed him about the process before visiting the jail.
- The state is also asking Longmire to describe the interview and the room it was conducted in. She said it was the video advisement room at the jail. She said she thought he wasn't wearing handcuffs during the meeting because he was asked to sign paperwork.
- Longmire reports the meeting lasted between an hour and 90 minutes. She said she was there to learn more about the Berreth and Frazee's daughter. She also said SF and PF’s sister, EF, asked for custody of the daughter.
- Longmire said she informed PF of his right to refuse to answer her questions, which contradicts what the defense team said in a motion filed on Monday.
- PF’s attorney has now asked the court to suppress the information in the interview between Longmire and PF on the grounds that she steered the conversation to ask "incriminating questions" about certain dates related to the case. He argued that a DHS employee asking questions that could be used against him in court violated his constitutional rights. Viehman is arguing that Longmire is not a law enforcement agent who is not required to read PF his Miranda rights, and it was her job to determine who should get temporary custody of PF and KB’s child.
- Judge Sells has decided to allow the prosecution, defense and court to receive a list of the names of potential jurors. Both parties will have access to the names, but law enforcement will not. Sells cited privacy concerns for the potential jurors.
- PF’s attorneys have until Sept. 16th to notify prosecutors if they’ll put forth an alternative suspect as defense; their defense strategy must be provided to prosecution 35 days before trial.
- Last month, May and his team opted not to file a motion in pursuit of the death penalty for PF. He explained that decision Friday, saying the Colorado Attorney General's Office provided consultation in that decision. May said he was looking at the 'lying in wati' aggravator, which would suggest PF essentially waited and then ambushed KB. He said the state office felt the case wasn't strong enough for that.
- Judge Sells asked about consumptive testing being done in the case. A prosecutor said the "vast majority" of the testing is done. She also mentioned other evidence was submitted for consumptive testing, which is evidence that can only be tested once due to its size or material. News5 was told that the first piece of evidence was a tooth fragment discovered at the Frazee property. Viehman said some other evidence was submitted as well. That evidence was not disclosed.
August 30, 2019 - Friday
- Judge ruled PF‘s allegations that KB abused their 1-year-old daughter will be part of the evidence
- PF’s motion to suppress evidence related to his conversation with a Teller County DHS employee has been denied. The conversation focused on parenting & upbringing for the couple’s daughter.
September 5, 2019 - Thursday
- Review with appearance of parties (Custody) - 8:15am
Case #: D602018JV26
September 16, 2019 - Monday
- PF’s attorneys have until Sept. 16th to notify prosecutors if they’ll put forth an alternative suspect as defense.
October 18, 2019 - Friday ?
- Pre-trial readiness - 9am
October 28, 2019 - Monday
- PF’s Trial - 8:30am (Trials is expected to take 3 weeks)
Inmate #: 2018001543
Booking #: 18-02029
Case #: D602018CR330
December 2, 2019 - Monday
- KK Review is scheduled 11 am
Case #: D602019CR17
- Sentencing date for KK will be set during this hearing
****************************************************************************
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:
https://twitter.com/search?f=tweets&vertical=default&q=kelsey berreth&src=typd
PF Twitter Search:
#PatrickFrazee hashtag on Twitter
