GUILTY CO - Kelsey Berreth, 29, Woodland Park, Teller County, 22 Nov 2018 - *Arrest* #70

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In my state a revocable living trust is separate from an LLC - many clients put assets in an LLC for protection against lawsuits IMO- and some mortgage companies will not allow a house to be placed in a trust until it is paid off as you actually record a deed granting the Trust ownership - it avoids probate in my state. There is no other way after death to move assets titled in your name because you are dead. IMO
If PF inherits his fathers estate then when probate is concluded and assets are distributed if he is an heir and does not disclaim his share - his share goes to him and then that asset is like any other in a civil suit IMO
I just wonder how mean he will be - he can disclaim just so the baby never gets anything
JMO

In my state any party with a valid interest in a probate can file a notice to request they are copied everything when it is filed in a probate. I’m hoping the civil/wrongful death suit attorneys for the Berreths can or have filed something like this in the probate. It would allow them to possibly object or file motions in the probate.

I would hope even though PF may disclaim his portion it would then revert back to the estate and somehow the Berreths could file a claim in the probate if they have been granted a judgment against that portion somehow. Not sure if it’s possible, but I hope it is.
 
For all we know, RS left the unidentified male DNA in the bathroom. He'd apparently been to the condo before, he's said so. Was he lurking and spying on KB for PF? Or did he stop in with PF and use the bathroom on one occasion? Perfectly natural, whether or not KB was home, if he and PF were stopping by.
Actually, it's not really perfectly natural that he be in Kelsey's condo. He had no business being in there, if she wasn't home. Not to mention, why would Patrick drop by her condo if she wasn't home and bring a friend in? I sincerely doubt that this guy was fixing something in her condo out of the goodness of his own heart.

I wouldn't be happy if my boyfriend brought someone in my home, especially since I was not married to him nor was I living with him. No one else belonged there, unless Kelsey was home.

I might just be old fashioned in my thinking, but I would find that an invasion of my privacy.
 
Actually, it's not really perfectly natural that he be in Kelsey's condo. He had no business being in there, if she wasn't home. Not to mention, why would Patrick drop by her condo if she wasn't home and bring a friend in? I sincerely doubt that this guy was fixing something in her condo out of the goodness of his own heart.

I wouldn't be happy if my boyfriend brought someone in my home, especially since I was not married to him nor was I living with him. No one else belonged there, unless Kelsey was home.

I might just be old fashioned in my thinking, but I would find that an invasion of my privacy.

Spot on.

The only reason that creep was ever around her place was, most likely, to spy on her.
 
Wouldn't asset with a lien automatically revert to the lien holder? IOW, any probate proceedings would just be a formality?

I've heard Suzi Orman say that we should all have our assets in living, revocable trusts. I don't know if that also requires establishing an LLC or if it's the same thing the Berreths established.

Q. Any assets that PF may end up with from his father's estate - would the Berreths be able to add those to their civil suit and secure them for Baby K?

Our family is experiencing that right now — selling a home with a lien after a sudden death. In our case, it would not revert to the lien holder unless payments are not made.

JMO
 
For all we know, RS left the unidentified male DNA in the bathroom. He'd apparently been to the condo before, he's said so. Was he lurking and spying on KB for PF? Or did he stop in with PF and use the bathroom on one occasion? Perfectly natural, whether or not KB was home, if he and PF were stopping by.
There was blood from the previous owner of the condo found. That said, she could have had any number of guests or workmen leave dna. This I would see as perfectly natural.

However, RS being in that home at anytime wouldn't be natural at all. RS has already given us his dislike for KB.
It was PF that was telling everyone they broke up a year ago and that custody changes took place and the alley by the cars. That would make it even more difficult for RS'd dna to be there.
 
Hopefully she is sentenced tomorrow, but apparently that isn’t set in stone.

Patrick Frazee's mistress Krystal Lee could soon learn fate

The prosecution's star witness, Krystal Lee is next to learn her fate. Lee will go before a judge Dec. 2.

District Attorney Dan May said this is where she will either be sentenced or learn when she will be sentenced.

It isn’t far from my house, and I have the day off (one of my trucks broke). So I’ll go see what’s happening. Also,
I have iron on letters for a shirt. Thinking of catchy phrases.......
 

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I will be heading to CC tomorrow for the KK sentencing....

Great that you're going!

Sentencing? I thought it was just a status? hearing because they always said that the sentencing would follow the trial eight weeks out. Has something changed and I need to read up thread?

ETA if it indeed was sentencing, would not Kelsey's family be notified so they could do a victim impact statement at such? How does that work? I would anticipate a family representative would want to be at her sentencing to do such if allowed.
 
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I will be heading to CC tomorrow for the KK sentencing....
Great that you're going!

Sentencing? I thought it was just a preliminary because they always said that the sentencing would follow the trial eight weeks out. Has something changed and I need to read up thread?
I also understood that tomorrow was just some sort of hearing. I believe May said that she can't be sentenced until at least 8 weeks after the end of the PF trial. I am pretty sure i read that numerous times. I could be wrong.
 
Grand Finale Of “Trial Of The Century” | The Mountain Jackpot News

SABBM:
Now that the case is over, most people have been talking about the fate of Krystal Lee, Frazee’s accomplice and former mistress. As a part of Lee’s plea bargain, she made with the district attorney, the Idaho woman pleaded guilty to tampering with evidence which a class six felony. Lee could receive anywhere from 18 months in a halfway house to three years in prison.

Earlier on in the case, District Judge Scott Sells said that he would wait to sentence Lee until after Frazee’s trial but would get her sentenced within eight weeks of the trial ending. Next Monday, Lee is due in the Teller County courthouse for a review hearing and it is unknown whether the judge will sentence her during that court date or not.

Even though the trial is finished and Frazee has already been sentenced, the convicted murderer is due back in court next week. Next Thursday, Frazee is scheduled for an advisement hearing that it is believed to have to do with the custody of the daughter Frazee and Berreth shared.
____________________


So, according to this article, Judge Sells said he would get KK sentenced within 8 weeks of PF's trial end date, not that he'd wait until 8 weeks after...so, she may or may not get sentenced tomorrow.

Actually, the way this is stated makes much more sense to me.

I never understood why the Judge would stipulate KK's sentencing had to wait for 8 weeks from the completion of PF's, but it stands to reason that he'd want to get her sentence handed down fairly quickly once PF's trial was over.

JMO.
 
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Grand Finale Of “Trial Of The Century” | The Mountain Jackpot News

SABBM:
Now that the case is over, most people have been talking about the fate of Krystal Lee, Frazee’s accomplice and former mistress. As a part of Lee’s plea bargain, she made with the district attorney, the Idaho woman pleaded guilty to tampering with evidence which a class six felony. Lee could receive anywhere from 18 months in a halfway house to three years in prison.

Earlier on in the case, District Judge Scott Sells said that he would wait to sentence Lee until after Frazee’s trial but would get her sentenced within eight weeks of the trial ending. Next Monday, Lee is due in the Teller County courthouse for a review hearing and it is unknown whether the judge will sentence her during that court date or not.

Even though the trial is finished and Frazee has already been sentenced, the convicted murderer is due back in court next week. Next Thursday, Frazee is scheduled for an advisement hearing that it is believed to have to do with the custody of the daughter Frazee and Berreth shared.
____________________


So, according to this article, Judge Sells said he would get KK sentenced within 8 weeks of PF's trial end date, not that he'd wait until 8 weeks after...so, she may or may not get sentenced tomorrow.

Actually, the way this is stated makes much more sense to me.

I never understood why the Judge would stipulate KK's sentencing had to wait for 8 weeks from the completion of PF's, but it stands to reason that he'd want to get her sentenced handed down fairly quickly once PF's trial was over.

JMO.
I didn't know Judge Sells said that. I am just going by what i read many times and i also watched May say it in a news conference that she could not be sentenced until 8 weeks after the trial. But as i said i could be wrong. The fact is whatever the judge said is the way it's going to happen. Could be she will find out her fate tomorrow. I guess we wait and see. Very sorry if i caused any confusion.
 
I didn't know Judge Sells said that. I am just going by what i read many times and i also watched May say it in a news conference that she could not be sentenced until 8 weeks after the trial. But as i said i could be wrong. The fact is whatever the judge said is the way it's going to happen. Could be she will find out her fate tomorrow. I guess we wait and see. Very sorry if i caused any confusion.

No worries, you didn't cause any confusion.

I've read the same thing over and over again about Judge Sells saying he was going to wait until 8 weeks after PF's trial ended.

It was probably misheard/misinterpreted by one of the reporting sources and then repeated by a bunch of other people.

It just logically doesn't make sense that he'd stipulate the court had to wait 8 weeks before sentencing her given she's already a convicted felon by virtue of the fact that she entered the guilty plea months ago.

Judge is going to want to get this resolved quickly.
I can't imagine character witnesses are going to matter here.
I'm sure the Judge has already given it plenty of thought and decided what sentence he's going to hand down to her.

I predict she's getting the max allowed under the terms of her plea deal.

JMO.
 
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Sorry — didn’t realize it may not
Be sentenced. Human error!!! Too
Full of turkey!!!!
don't be sorry. there's a chance the judge says kk has been in his court home too much for his comfort already and he'd prefer he never saw her again and then sentence to max ,but then pull something else magic out of his hat to add on. slam her real hard for 60 secs and then done. that's my hope anyway.
i'm full of it, too. turkey, that is.
 
From my recollection, Dan May mentioned it briefly in his press conference after PF's trial, that KK had a status hearing on 12/2, but sounded a bit unsure whether KK would be sentenced at that time or not.

Then Sam Kramer overheard a court clerk or something say that the sentencing would be 8 weeks after PF's trial ended, and that's what he has been reporting.
 
These were Dan May's remarks immediately following PF's trial:

“Next process in the criminal process for her will be, she is going to be sentenced. We have a review date coming up, I think December 2. I don’t know if that’s just a review or if we’ll use that for sentencing. So it may be December 2 or it may be a future date, but the next thing for Krystal Lee is to come back to court for sentencing.”

And then Sam Kraemer said that a court clerk told him that Kenney will be sentenced eight weeks from Frazee's sentence.
 
I was going back and searching for the word "sentencing", and found this post by @Niner. Would that not be GREAT if she was taken into custody tomorrow, and sentencing came later. @mustloveco, we are all confused and are so grateful your schedule allows you to go tomorrow. When she does go away for her time, I do hope that Kelsey's family is able to give a VERY impactful victim statement which is released in full to the media.

"She won't be having a trial - she has a review hearing on 12/2/19. That will NOT be a sentencing date. Assuming the trial is complete, she will report to probation on that day with sentencing scheduled for 8 weeks after that. Judge Sells says if the trial is delayed, he plans to just delay that review hearing as needed.

So if she reported to probation on the day PF was sentenced - 11/18/19 - then her sentencing date should be about 1/12/20 by my calculations. :)

OR - does it mean that day from the 12/2 review date - she will be sentenced 8 weeks later? Then it would be 1/26/20.... ?? "

Source: GUILTY - CO - Kelsey Berreth, 29, Woodland Park, Teller County, 22 Nov 2018 - *Arrest* #69

ETA: What time is the review hearing scheduled for tomorrow? Has Sam stated he will be there?
 
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