GUILTY Kelsey Berreth, 29, Woodland Park, Teller County, 22 Nov 2018 - *Arrest* #67

[dixiegirl1035]

I was wondering about this last night. I know the prosecution has to turn over information to the defense but it's the prosecution that is putting on the case and the defense tries to refute what they present.

You prompted me to look at Colorado information on this topic, thanks and I've done a 180 on my MOO now.

"No Requirement to Disclose Harmful Evidence

You do not have any obligation to disclose evidence harmful to your criminal case. Your criminal defense attorney may hide incriminating evidence safely away in his files so long as it is not contraband."

Uncovering Your Opponents Case | Denver Crime Lawyer H. Michael Steinberg is a link, there were more but were sooooooooooooo legalese to link

 

[NuttMegg]

Another question for those who have followed this one closely...why would they be adding the options of lesser homicide charges (ie manslaughter) at the end of the trial? Wouldn't those lesser possibilities be on the table from the beginning of the trial?

 

[MsBetsy]

There is a link or tweets, but don't have them handy. If I run across them will post.

It was the snitch who didn't want to talk to the defense, not the other way around.

Imo

 

[LovesPeace2]

I wonder if ma f is in the court room giving the jurors the stink eye

 

[PiertotumLocomotor]

There was a case here on WS where the media and WS actually shared the cost of getting documents, the Teresa Seivers case. But that was done before trial when the media still was getting information out and could do clicks on it due to Florida Sunshine laws.

For this case, it would be an expense that they may not get the information for weeks later, and by then, interest would have waned for the main audience especially if it was competing with information contained in the expected evidence document dump which doesn't require transcription.

MOO

Wow, what a great collaboration between media and WS!

Thank you for your insight!

 

[kkdj]

Another question for those who have followed this one closely...why would they be adding the options of lesser homicide charges (ie manslaughter) at the end of the trial? Wouldn't those lesser possibilities be on the table from the beginning of the trial?

I think prior to closing arguments and deliberations the defense argued for lesser charges to be on the table.

 

[MsBetsy]

“He would pass me notes if his information was too sensitive,” the man said, according to ABC News.

Colorado Bureau of Investigation Agent Gregg Slater read several of the alleged notes that had been recovered in court.

“I’d really like to see Krystal with a bullet in her head,” read one. "No video, no weapon, no body, no forensics."

Frazee allegedly wanted the inmate to eliminate at least 10 people, including Kenney’s parents, her ex-husband, his friend Joe Moore who testified last week about damaging conversations that pair had after Berreth’s 2018 disappearance and Slater himself, NBC News reports.

"They all need to disappear or be unseen until at least Nov. 22 until after the trial," Slater testified that one of the alleged notes, which were written on paper towels and napkins, read.
Patrick Frazee Tried To Arrange For Key Witnesses To ‘Disappear’ Before Trial, According To Inmate's Explosive Testimony

I wonder if the jury will be able to compare the paper towel notes to PF's handwriting on the alibi list so they can compare it and decide for themselves if they think it's a match.

Imo

 

[10ofRods]

He's a great guy, a wonderful father, that even took his daughter to work whenever he could.
He is a family man, a man of God, that stayed on the ranch to take care of his disabled mother, and had his own business which helped local ranchers. And he volunteered to help save the burros. And he cannot fathom why all of this is happening to him now..... or some nonsense like ^^^^that.


They will also probably 'remind' the jury that the surveillance cams from the neighbour does NOT pick up everything. And it is quite possible that other people were coming and going from that apartment.

And of course hit home the fact that the body was never actually found, for sure.

I don't think that will actually be enough though. His own words, that he said to many others, will do him in. His many lies and his phone texts will nail his coffin shut, imo.

That's a great potential defense closing. What else can they say? Ma should hobble in right before. I wonder if the defense team is as smart as you are.

 

[kkdj]

I wonder if ma f is in the court room giving the jurors the stink eye

I don't think she should be able to view the jurors, under the circumstances. jmo

 

[lindaromas]

Guilty 1st degree

I'm 15 pages behind! Need to catch up before the tweets start!

 

[NuttMegg]

I think prior to closing arguments and deliberations the defense argued for lesser charges to be on the table.

I think I get that, but still wonder why the defense didn't ask for those options from the first. I didn't realize those could be added during the trial. Maybe it's just a grandstand to get the public (and jury?) thinking that the evidence is so much less than what it had been thought? Although it was more evidence.

 

[kkdj]

I think I get that, but still wonder why the defense didn't ask for those options from the first. I didn't realize those could be added during the trial. Maybe it's just a grandstand to get the public (and jury?) thinking that the evidence is so much less than what it had been thought? Although it was more evidence.

Maybe they thought Murder one was never going to stick, until the new evidence came in and they became more realistic with how bad their client looks.

 

[iQuill]

Day 11 of the Trial.

Roll Call!

Who's Here for Kelsey?

Here ... ready for the day ... blessings to Kelsey’s family today and 1st degree to PF.

 

[Irmese]

 

[LovesPeace2]

I think I get that, but still wonder why the defense didn't ask for those options from the first. I didn't realize those could be added during the trial. Maybe it's just a grandstand to get the public (and jury?) thinking that the evidence is so much less than what it had been thought? Although it was more evidence.

Im kinda glad they asked i hope pf can’t get a appeal because he was ineptly defended by his legal team

 

[MsBetsy]

I don't think she should be able to view the jurors, under the circumstances. jmo

It might be good for the jurors to see her though, just like they have been observing PF sitting unemotional and unsympathetic during the entire trial.

Maybe they will mouth the words, "I love you," again.

Imo

 

[BUF]

I think I get that, but still wonder why the defense didn't ask for those options from the first. I didn't realize those could be added during the trial. Maybe it's just a grandstand to get the public (and jury?) thinking that the evidence is so much less than what it had been thought? Although it was more evidence.

It is actually fairly common for the defense to argue for lesser includeds during review of the jury instructions. The judge agreed to this.

 

[NoSI]

Oh Yes, Johnny Cash Folsom Prison Blues. For our listening pleasure while we wait..

Oops.... "bend" not "bed"... but i guess bed/cot works too. Yup, great song! Thank you for uploading @steeltowngirl!

 

[dixiegirl1035]

It might be good for the jurors to see her though, just like they have been observing PF sitting unemotional and unsympathetic during the entire trial.

Maybe they will mouth the words, "I love you," again.

Imo

I would think that this is going to be one of the popular questions posed to Sam today/tonight. Was she there, what was her demeanor, and what was the demeanor of others. We want a play by play Sam.

 

[MassGuy]

It is actually fairly common for the defense to argue for lesser includeds during review of the jury instructions. The judge agreed to this.

The defense won by having those lesser counts included, but they’ll lose when the jury ignores them.

This case is a perfect example of what first degree murder is.