CO CO - Kelsey Berreth, 29, Woodland Park, Teller County, 22 Nov 2018 - #19 *ARREST*

[Ilovemy3boys]

Sam Kraemer

Prosecution asked for another week to prevent defense from seeing the probable cause affidavit to protect ongoing investigation of several leads. Judge said that will be discussed Friday.
@KOAA
#KelseyBerreth #PatrickFrazee

No plea was entered. Again, the charges were not read aloud. Standby for the press conference.
@KOAA
#KelseyBerreth #PatrickFrazee

 

[BRRI]

We need some input from verified lawyers. As I'm reading this, it looks like maybe the solicitation offer made by PF might be cause for the felony murder charge. His action of solicitation caused her murder, which is separate from the first degree murder charge.
ETA: Does this mean someone accepted the solicitation offer?

I’m wondering the same. If they aren’t 100% sure he actually killed her, or someone else did at his request, and are covering all bases. Not sure though.

 

[bestill]

If they find her body will there be more charges? They need to find her!

 

[Seattle1]

2nd murder charge for death during attempted robbery.

No evidence or report of pregnancy and nothing to do with murder charges here. MOO

In Colorado you also commit first-degree murder when:

• Someone other than a co-conspirator dies during your commission or attempted commission of arson, robbery, burglary, kidnapping, or sexual assault (“felony murder”);
• As a result of your perjury or subornation of perjury, an innocent person is convicted and executed;
• Under circumstances evidencing extreme indifference to the value of human life, you cause the death of another person by knowingly engaging in conduct which creates a grave risk of death;
• You unlawfully distribute, dispense, or sell a controlled substance to a child under 18 on school grounds and the child dies from using the substance; or
• While occupying a position of trust with respect to a child under 12, you knowingly causing the death of the child.

Colorado "first degree murder" laws |18-3-102 C.R.S.

 

[PommyMommy]

Liz Gelardi on Twitter
Frazee's attorney says he still hasn't seen the arrest affidavit. Prosecution also made a motion to allow for testing on a specific piece of evidence but did not say what that evidence was.

 

[Ilovemy3boys]

Sam Kraemer
https://mobile.twitter.com/SamKraemerTV

Also, preliminary hearing set for Jan. 29 at 9 a.m.
@KOAA
#PatrickFrazee #KelseyBerreth

 

[PommyMommy]

Sam Kraemer on Twitter
Also, preliminary hearing set for Jan. 29 at 9 a.m. @KOAA #PatrickFrazee #KelseyBerreth

Sam Kraemer on Twitter
Presser underway

 

[Ilovemy3boys]

Lance Benzel

The issue is there’s still an ongoing investigation and multiple investigative leads and things being followed up on," Viehman told court.
@csgazette
#Frazee #KelseyBerreth

 

[Yellow Rose]

Sweet Lord! This guy is/was the most narcissistic person I've ever known of (and my I THOUGHT my ex sister in law WAS)

 

[PommyMommy]

Sam Kraemer on Twitter
Defense motions to preserve law enforcement communication (emails & texts) and to limit pre-trial publicity (prevent press conferences, tweets & interviews) were both denied. Written orders to come later today @KOAA #KelseyBerreth #PatrickFrazee

 

[Ilovemy3boys]

Sam Kraemer
DA Dan May says his office filed five felony counts against Frazee. Under Colorado law, they file two counts of first degree murder under their theories. They associate with their theories on what happened to Berreth.
@KOAA
#KelseyBerreth #PatrickFrazee

 

[girlhasnoname]

Liz Gelardi on Twitter
Frazee's attorney says he still hasn't seen the arrest affidavit. Prosecution also made a motion to allow for testing on a specific piece of evidence but did not say what that evidence was.

@PommyMommy
Oh the irony if it were to be the blasted cinnamon buns!

 

[bestill]

Presser: LIVE

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[Seattle1]

We need some input from verified lawyers. As I'm reading this, it looks like maybe the solicitation offer made by PF might be cause for the felony murder charge. His action of solicitation caused her murder, which is separate from the first degree murder charge.
ETA: Does this mean someone accepted the solicitation offer?

No, solicitation offer does not result in murder charge but if someone dies during burglary/robbery or during attempted commission of same this will result in 1st degree murder.

Colorado "first degree murder" laws |18-3-102 C.R.S.

 

[Ilovemy3boys]

Sam Kraemer

Consumptive testing: A very small amount of evidence that a lab can’t test without consumptive testing. That’ll be discussed Friday, as will the unsealing of the probable cause affidavit for the defense’s eyes only.
@KOAA
#KelseyBerreth #PatrickFrazee

 

[Yellow Rose]

In Colorado you also commit first-degree murder when:

• Someone other than a co-conspirator dies during your commission or attempted commission of arson, robbery, burglary, kidnapping, or sexual assault (“felony murder”);
• As a result of your perjury or subornation of perjury, an innocent person is convicted and executed;
• Under circumstances evidencing extreme indifference to the value of human life, you cause the death of another person by knowingly engaging in conduct which creates a grave risk of death;
• You unlawfully distribute, dispense, or sell a controlled substance to a child under 18 on school grounds and the child dies from using the substance; or
• While occupying a position of trust with respect to a child under 12, you knowingly causing the death of the child.

Colorado "first degree murder" laws |18-3-102 C.R.S.

This is undoubtedly why they are keeping the details under wraps...so no one is killed or injured because their name was released. IMO

 

[SiouxSays]

@missy1974 said: I am a bit behind in all of this, but 2 first degree murder charges is confusing when there is only 1 death. How are they allowed to charge him like that?

In Colorado, first degree murder is a separate offense from felony murder (which can also be separated by degrees). Generally, first degree murder is murder with prior intent, or malice aforethought. Felony murder is murder that occurs during the commission of another crime (robbery, kidnapping, etc.), with the other crime being the primary intention and murder happening as a secondary result. Explained by Colorado attorneys Pearson & Paris on their website.

Colorado Revised Statutes codify it under one heading (CRS 18-3-102), but it has separate subdivisions. 18-3-102(1)(a) would be murder with prior intent, or first degree murder, and 18-3-102(1)(b) would be murder that occurred during the commission of another crime, making it first degree (based on degree of offense) felony murder. Because the offenses have two separate sections, separate intent, and so on, they can be charged as two separate crimes.

The Evans Law Firm (Colorado-based) also has a detailed explanation of the various degrees for murder, elements of each offense, instructions for use, etc.

 

[jaspermac]

The court documents are out. The felony murder charge read "On or about nov 22, PF...acting alone or with one or more others committed or attempted to commit robbery... and in the furtherence or flight from that crime caused the death of KB. So he actively participated in the murder even if he set it up as a robbery.

 

[mustloveco]

Liz Gelardi on Twitter
Frazee's attorney says he still hasn't seen the arrest affidavit. Prosecution also made a motion to allow for testing on a specific piece of evidence but did not say what that evidence was.

thats crazy

 

[PommyMommy]

Matt Kroschel on Twitter
The formal charges including felony first degree murder filed but not addressed in the courtroom just now- local/national media covering these developments. DA’s office about to hold press conference. * We will have the latest at 11am over on @CBSDenver