CO CO - Kelsey Berreth, 29, Woodland Park, Teller County, 22 Nov 2018 - #18 *ARREST*

[Noharg]

RBBM
Respectfully, I find it hard to believe an attorney would advise a client to not respond in court. "not talking" is one thing, but to not respond when being addressed by the court is something else entirely. Using my own terminology (i.e., not what I consider to be a legal description), I would think that makes him a "hostile" party, no?

I agree. Appears hostile to me, but JMO.

 

[PommyMommy]

@PommyMommy can you please explain what this all means?! Break it down? For those of us (me) that have never seen something like this before. Thank you in advance!

Well, IANAL (I am not a lawyer!) but here is what I understand. On 12/21 the prosecution indicated in court that they had no objection to unsealing the arrest warrant. They are now saying that they were misinformed about the status of the investigation and that unsealing the AW would jeopardize the investigation. The court has agreed to keep the AW sealed.
MOO

 

[Jupiter05]

Jail hair
Don’t care

sorry I just had to. Lol.

I wonder what he does all day. Just sits there in silence?

Probably catching up on sleep that he was not getting while doing his evil deeds and then trying to cover them up. IMO

 

[Insomnia Momma]

She must not have seen his youtube dog videos before moving to CO.

Can someone please link these? I still can’t find them! Thank you!

 

[Elley Mae]

Snip


A court summary of the hearing said Frazee’s mother filed a motion to intervene in the custody case and made an unspecified placement request. The summary didn’t say whether she had asked for custody.

Kelsey Berreth disappearance: Colorado mother's parents win temporary custody of her child

 

[PommyMommy]

Can someone please link these? I still can’t find them! Thank you!

Patrick Frazee

 

[susiQ]

Can someone please link these? I still can’t find them! Thank you!

Just go to Youtube and type in his name and go to his channel. They should come up.

 

[BRRI]

Okay, if I am reading this correctly, the court authorizes expanded media coverage for the Dec 31 appearance and the arrest warrant will remain sealed.
MOO

Yea, and the prosecution feels witnesses would be in serious jeopardy and unsafe if it’s unsealed...interesting.

 

[PrairieWind]

...and wondering who is talking and what they are saying.

Its clear that LE is getting information from someone or more than one someone. But either that person doesn't have all the details or else they are giving that information to LE one drop at a time. Its interesting that the prosecution wants the arrest warrant to remain sealed as releasing could jeopardize the physical safety of witnesses. That sounds like there are multiple people out there that are involved and LE is trying to leverage them for info. I can't help but still feel that LE was forced to arrest PF sooner than they wanted.

 

[Insomnia Momma]

Okay, if I am reading this correctly, the court authorizes expanded media coverage for the Dec 31 appearance and the arrest warrant will remain sealed.
MOO

I REALLY want to see that warrant since it states he can’t have contact with anyone listed in the warrant other than family...

 

[The Saint]

Can someone please link these? I still can’t find them! Thank you!

Patrick Frazee

 

[BRRI]

I REALLY want to see that warrant since it states he can’t have contact with anyone listed in the warrant other than family...

Which makes me think his family wasn’t involved.

 

[riolove77]

SF filed a motion to intervene according to the today show
Kelsey Berreth case: Parents of missing Colorado mom get custody of child

Filing does not mean it would be granted - the Judge can deny it

Yes I know. I was replying to someone saying she might be filing on behalf of KBs brother.

 

[CuriousCricket]

I think this case is going to be unbearably hard on KB's mother.

It sounds like she may be finding out that she didn't know as much about her daughter as she thought. And I hope that doesn't sound like I think KB was a terrible person, because by all indications she was the exact opposite. I mean it in a "some things I just keep to myself, and let my Mom believe something else" type of way.

Yes, and thank goodness most of us don't have to learn about it in this way.

If we raise our children to be strong and live their own lives, we won't know every detail and may even be uncomfortable when an adult child discloses something we'd earlier had no idea of. My son enjoys dropping little bombshells occasionally to watch my expression.

Silly little things -- sneaking out with friends, etc.

But to learn private lives things in the way CB is being forced to must be very painful on so many levels.

 

[Mercedes]

RBBM
Respectfully, I find it hard to believe an attorney would advise a client to not respond in court. "not talking" is one thing, but to not respond when being addressed by the court is something else entirely. Using my own terminology (i.e., not what I consider to be a legal description), I would think that makes him a "hostile" party, no?

IMO, all criminal defendants are hostile parties to some degree.

A hostile witness, however, is someone whose testimony is adverse/ to the lawyer who is questioning the witness. That is, a witness is hostile when his testimony is not helpful to the lawyer’s questions. The witness may be prejudiced against the party that lawyer represents.

When a witness is declared hostile, the questioning lawyer is allowed to ask leading questions on direct examination. Leading questions prompts or encourages certain answers, while direct questions cannot be in a form that suggests an answer to the question.

Direct questions are more open and can begin with who, what, where, when, and how. A leading question could be, for example, “Isn’t it true, Mr. Thompson, that PF asked you many times to (kill) his fiancé?”

 

[Gardener1850]

I drove by yesterday, it doesnt appear anyone is staying there.

Thanks mustloveco! Have you seen any big police activity anywhere around there? Someone reported they were searching a park area a few days ago but I never saw specifics of where nor confirmation of that in the mainstream media.

 

[PrairieWind]

Okay, if I am reading this correctly, the court authorizes expanded media coverage for the Dec 31 appearance and the arrest warrant will remain sealed.
MOO

Thats what it looks like. The original order to unseal the warrant would not have made the warrant available to the public, but only to the defense team. The court has now rescinded that. The withholding of that information cannot go on forever. So the prosecution needs LE to get whatever information they can as soon as possible.

 

[Elley Mae]

Snipped

The judge granted the prosecution's request that Frazee have no contact with any witness or anyone else named in the sealed arrest affidavit, with the exception of his family.

Patrick Frazee arrested in missing CO mom case

 

[NervousNellie]

IMO, all criminal defendants are hostile parties to some degree.

A hostile witness, however, is someone whose testimony is adverse/ to the lawyer who is questioning the witness. That is, a witness is hostile when his testimony is not helpful to the lawyer’s questions. The witness may be prejudiced against the party that lawyer represents.

When a witness is declared hostile, the questioning lawyer is allowed to ask leading questions on direct examination. Leading questions prompts or encourages certain answers, while direct questions cannot be in a form that suggests an answer to the question.

Direct questions are more open and can begin with who, what, where, when, and how. A leading question could be, for example, “Isn’t it true, Mr. Thompson, that PF asked you many times to (kill) his fiancé?”

See... that was my point in saying I was not using the term "hostile" with any legal knowledge. (Thanks for the lesson, though!) I was using what I knew to be a legal term in what I meant to be merely an adjective describing his actions (or lack of). Sorry I wasn't clear. My point was that he isn't helping his case by not respecting the court and its processes - even if his response is "I plead the 5th," it would be better than silence.

 

[Celt1997]

Snipped

The judge granted the prosecution's request that Frazee have no contact with any witness or anyone else named in the sealed arrest affidavit, with the exception of his family.

Patrick Frazee arrested in missing CO mom case

I'm guessing they're afraid of things going missing?