CO CO - Kelsey Berreth, 29, Woodland Park, Teller County, 22 Nov 2018 - #56 *ARREST*

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Seattle1 said:
Sam Kraemer‏ @SamKraemerTV
Judge now addressing statements Berreth made to a long-time friend. It includes comments Frazee reportedly made to her, as well as more on their relationship. Judge says they are allowed. @KOAA #KelseyBerreth #PatrickFrazee

9:31 AM - 18 Oct 2019

The hearsay is always tricky....
Click to expand...
One thing the Judge and we can be assured of: whatever comes out of the mouths of KB's family and dear friends will be truth, unadulterated TRUTH! And in this case, the TRUTH will NOT set PF free!!
 
Sam Kraemer‏ @SamKraemerTV
Judge says he’ll have a closed hearing shortly to discuss jury selection issues. @KOAA #KelseyBerreth #PatrickFrazee

9:32 AM - 18 Oct 2019

Sam Kraemer‏ @SamKraemerTV
Stiegerwald is voicing some frustration about the amount of discovery he’s still receiving, including information that the El Paso County Coroner could be called to the stand. @KOAA #KelseyBerreth #PatrickFrazee

9:34 AM - 18 Oct 2019

Sam Kraemer‏ @SamKraemerTV
He says he’s gotten a year’s worth of work in the last two weeks. Stiegerwald offered the idea of a continuance or having the state clearly identify what the discovery will he used for. @KOAA #KelseyBerreth #PatrickFrazee

9:35 AM - 18 Oct 2019

Sam Kraemer‏ @SamKraemerTV
Stiegerwald says he received DNA analysis on his way to court today. He’s asking if the state has any remaining evidence that it must be turned over today. @KOAA #KelseyBerreth #PatrickFrazee

9:36 AM - 18 Oct 2019

Sam Kraemer‏ @SamKraemerTV
He says he doesn’t see how his team can properly prepare to represent Frazee under these circumstances. Viehman says as soon as they get evidence, they immediately turn it over to the defense. @KOAA #KelseyBerreth #PatrickFrazee

9:37 AM - 18 Oct 2019
 
Ashley Franco on Twitter
Statements made to a longtime friend of #KelseyBerrerh talk about comments #PatrickFrazee had made to her about herself and their relationship. Judge says they’re important to the case because it regards their relationship.
@KKTV11News
10:31 AM · Oct 18, 2019

Ashley Franco on Twitter
Defense says he knows the discovery is on going. They’ve received a lot of the discovery. Over 1,000 pages of FBI reports. Allegedly the coroner is testifying on xrays. Not sure what those xrays are.
@KKTV11News #KelseyBerreth #PatrickFrazee
10:35 AM · Oct 18, 2019

Ashley Franco on Twitter
Prosecution says every time they get something they immediately turn them over. A lot of things defense is discussing are things they just received as well.
@KKTV11News #KelseyBerreth #PatrickFrazee
10:37 AM · Oct 18, 2019

Ashley Franco on Twitter
They’re talking about the coroners office and how he took items and took x-rays of them. He recently ran x-rays on undisclosed pieces of evidence.
@KKTV11News #KelseyBerreth #PatrickFrazee
10:40 AM · Oct 18, 2019

Ashley Franco on Twitter
Today is over. They are going to meet privately about jury selections now.
@KKTV11News #PatrickFrazee #KelseyBerreth
10:44 AM · Oct 18, 2019
 
Here's what I added to today's date on part 3 of the timeline.

October 18, 2019 - Friday
  • Pre-trial readiness - 9am
(Thread #56, post 879 - 955)
  • Reed says it’s imperative to prove a relationship between KB & PF through the use of in-life photos. She says they also help prove PF asked for some photos off KB’s phone. They also plan to use the missing person flyer.
  • May says they have a photo of KB’s family from inside her townhome that he says has clear wipe marks on it, suggesting the cleanup. Reed says she can get them to the judge by Monday.
  • Judge says he’s a bit skeptical on the use of that, based on case law, but he needs to see the photos first. Stiegerwald asks the court for a deadline to see those photos. Both agree they could discuss during jury selection.
  • Defense is asking for a deadline for prosecution to submit pictures so they can look at them and know what they are before trial. Prosecution says they can have them to the judge by Monday.
  • The two sides are discussing whether photos of KB while she was alive can be shown at trial. Defense doesn't want them shown.
  • Judge says there was an agreed upon return date this morning for PF’s Walgreens account. Looking around, it appears no one is here from Walgreens to provide that. Judge says he wouldn’t accept emails with that information.
  • Viehman says it was their understanding Walgreens was going to bring the records today, and that they don’t know why someone isn’t here.
  • The prosecution wants the photos shown, in part to establish the nature of the relationship between KB and PF. Judge says that he'll decide on that at a later date, likely during jury selection.
  • Prosecution will call witness from Idaho by Skype for today’s pretrial hearing. We are underway with wk & half before trial.
  • Prosecution says defense asked for a witness line up. They don’t want to provide that because they would prefer to tell them each evening of who they would call the next day. Judge says 255 witnesses listed in the case.
  • Next motion: Stiegerwald wants a gag order on live reporting from the courtroom. Judge interprets that as a ban on tweeting. Stiegerwald says yes.
  • Viehman says she always tell the defense the day before who will be called as a witness the next day. Judge says he recalls a prosecutors’ list of 255 possible witnesses. Viehman says that will be dwindled down.
  • Stiegerwald says he believes the good faith list should still be efforted now, to keep this at a three-week trial versus a three-month trial. He says it’s all about judicial proficiency.
  • Stiegerwald says he wants the court’s PIO to stop commenting on the case on Twitter. He wants him to recuse himself.
  • He says it comes down to misinformation regarding the defense missing a deadline (probably referencing the alternate suspect defense).
  • Viehman says she can get that list to the defense before jury selection. Judge sets an Oct. 25 deadline on the good faith list of witnesses.
  • Stiegerwald says it’s not possible to see if those sequestered as part of this case are actually following that order if reporters are allowed to tweet and use social media.
  • Defense is saying it’s inappropriate for our court PIO to refer to this case in any way, including commenting on it. He says our PIO is offering his own opinions and not being fair.
  • Stiegerwald says it’s not possible to see if those sequestered as part of this case are actually following that order if reporters are allowed to tweet and use social media.
  • He’s also requesting the prosecutors not give press conferences throughout trial and let it be tried in court.
  • Viehman says they don’t object to the part on the court PIO, but she does object to the gag order for the press. Viehman says Stiegerwald is referencing M Dalton — and says she wouldn’t mind him being kept from the courtroom.
  • Viehman says Dalton is not a member of the press.
  • Viehman says they’ve followed all rules of order on talking with the press as part of the case. She says she doesn’t think the gag order is necessary.
  • Judge says there are only nine full-time staff here at the Teller County Courthouse. He says the case has received extraordinary publicity, and that the staff, at times, only answer calls about the case all day.
  • Judge says he’s approved the court PIO to be a spokesman because the Teller County Courthouse is overwhelmed. For example, when us reporters call leading up to important deadlines. That’s been at the judge’s direction.
  • Judge says the defense motion reads the court spokesman has violated a court order by releasing information on the juvenile case. He says that allegation is not correct.
  • Prosecution says they’ve complied with rules on speaking to press. They’re objecting to the gag order because they have followed all rules when talking to media.
  • Judge says he’s closed every juvenile hearing out of best interest of the child. When they end, Sells says he goes around the room asking for objections on releasing info on the hearing. He says that’s been done with full consent from PF.
  • He says that’s also been done to protect the privacy of the other parties (B’s & F’s) from press inquiries on the matter.
  • Judge says the court PIO has not done anything wrong. He says he’ll make sure anything the PIO releases will he done by judge’s orders.
  • Judge says he will enter an order prohibiting either counsel from speaking publicly on the case until further order.
  • Judge is going to take under advisement the request to ban live-tweeting. He says he will expand the decorum order moving forward. He says he’s concerned live-tweeting could impact witnesses.
  • Judge says he expect the decorum order will have additional restrictions. Next issue: defense motion regarding the designation of statements made on Facebook. Defense wants 10-day notice before trial on what records will be used.
  • Viehman says they will tell the defense what records will be used. She’s offering Oct. 25 as a deadline for that, which she says would be Facebook posts & jail calls.
  • Stiegerwald says he received 18.5 hours of jail calls within the last week or so.
  • May says they intend to use a jail phone call from Feb. 2.
  • Pending motions: People obtained info of PF’s contact with an attorney. It related to another matter, not this case. People have not opened it & there are talks of destroying it.
  • Judge says he doesn’t have an objection to destroying it if it’s ok with the other attorney.
  • Viehman says they will tell the defense what records will be used. She’s offering Oct. 25 as a deadline for that, which she says would be Facebook posts & jail calls.
  • Next issue: defense motion regarding the designation of statements made on Facebook. Defense wants 10-day notice before trial on what records will be use.
  • Judge is concerned about live tweeting during trial, says he’s worried about credentials on who is legitimate.
  • Judge says a more extensive decorum order will come out between now and October 28th
  • Judge says he expect the decorum order will have additional restrictions.
  • Judge is going to take under advisement the request to ban live-tweeting. He says he will expand the decorum order moving forward. He says he’s concerned live-tweeting could impact witnesses.
  • Judge is prohibiting council on both sides to speak publicly about the case until further order of the court.
  • Next: people’s response to defense motion regarding 404b evidence. People said they wouldn’t file on Aug. 23, but then filed on Sept. 23.
  • May says they initially thought it wouldn’t be filed, but it was still filed before the motion deadline. He says the statements have always been part of discovery.
  • Stiegerwald says he has about 23,000 pages of statements.
  • Judge says he understands people are requesting 404b from three specific people. He says he’s ready to rule on two of them right now. Stiegerwald says there needs to be time for analysis of case law.
  • May says some of it is an abundance of caution. He says some of it is part of putting the defense on notice because they don’t know what’s coming in trial.
  • May says a certain statement is in a relevant time period, when they believe PF is soliciting KK to commit murder. There’s another statement suggesting PFmet with a hitman in Breckenridge, showing the planning here.
  • May says there’s another statement between the time KB went missing & PF was arrested that shows PF similarly spoke about plans to kill. “We have a missing person that still has not been found,” May says.
  • A separate statement identifies motive, planning and more, May says. He says they have, via witnesses, proof that PF beat cattle with a baseball bat. May says that corroborates their evidence on what happened.
  • Stiegerwald says the prosecution is flat out misusing the common scheme.
  • Judge says the motion was not timely filed, but he’ll try to address it. He says a typical 404b motion includes police reports. The state’s didn’t. He says that makes it hard for him to believe something happened in preponderance.
  • He says it’s a far cry from real proof of abuse & violence.
  • Judge says he does not find an allegation of PF abusing an animal is factually relevant in this case. As to Part 2 of the 404b evidence motion, the judge says no. It will not be allowed.
  • State said it helped show PF’s experience using a bat or metal rod as a weapon. Judge Scott Sells does not agree.
  • Judge says he’s schedule another hearing for a third person’s statement to discuss that evidence, which apparently involves the size of Teller County.
  • Next motion involves residual hearsay. Viehman says the statements they look to admit were all made by KB.
  • Stiegerwald says it lacks analysis of the trustworthiness of those statements. Viehman says several of the statements, including those to her mother on Thanksgiving Day, would be covered by exceptions.
  • Viehman says she told coworkers about a strange person bringing her coffee, referencing KK.
  • Judge says the 5-6 statements attributed to CB (KB’s mom) will be allowed in court. He says it’s trustworthy under law.
  • Regarding a statement made by Kelsey to her mother, saying she might leave PF, Judge Sells that too will be allowed.
  • Judge says he needs additional time to review statements KB reportedly made to her mother about Ma F. Judge says he needs more context & notes he had discussions of immunity with Ma F.
  • Judge now talking about R Hill, who prosecutors say was a coworker of KB’s at Doss Aviation. Judge is now looking at statements from Hill.
  • Judge says KB described PF to Hill utilizing genitalia. He says it’s crude, but he doesn’t find it self-serving or fictitious. Judge will allow that statement.
  • Judge is allowing another statement from KB to Hill about someone coming to her house & delivering coffee.
  • Judge now looking at KB’s communication with C Sharp (spelling?), another Doss Aviation coworker. Judge says KB’s statement involves PF’s treatment of her. It’s allowed.
  • Judge now looking at statements made by a man identified as Mr. Jeffries (spelling?), another Doss Aviation coworker. Judge denies a first statement involving something with a medical office. He says it isn’t relevant.
  • More statements show KB describing her mental state, why she went to CA for treatment and more on her relationship with PF. Judge will allow that.
  • Statements KB made to another Doss coworker show her describing how important her daughter is to her life. Judge will allow that.
  • A statement regarding potential future changes about her relationship with PF is also going to be allowed.
  • Another statement regarding KB intending to be less physical will not be allowed. Judge says it’s too vague.
  • Judge now addressing statements KB made to a long-time friend. It includes comments PF reportedly made to her, as well as more on their relationship. Judge says they are allowed.
  • Judge says he’ll have a closed hearing shortly to discuss jury selection issues.
  • Stiegerwald is voicing some frustration about the amount of discovery he’s still receiving, including information that the El Paso County Coroner could be called to the stand.
  • He says he’s gotten a year’s worth of work in the last two weeks. Stiegerwald offered the idea of a continuance or having the state clearly identify what the discovery will he used for.
  • Stiegerwald says he received DNA analysis on his way to court today. He’s asking if the state has any remaining evidence that it must be turned over today.
  • He says he doesn’t see how his team can properly prepare to represent PF under these circumstances. Viehman says as soon as they get evidence, they immediately turn it over to the defense.
  • He says he doesn’t see how his team can properly prepare to represent PF under these circumstances. Viehman says as soon as they get evidence, they immediately turn it over to the defense.
  • For example, El Paso County Coroner recently ran x-rays on undisclosed pieces of evidence.
  • Judge says he does not want a continuance in this case. State pointed out they are compiling everything they have to give to the defense today. Judge leaves it at that.
  • And that’s a wrap for open hearings.
 
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