CO CO - Kelsey Berreth, 29, Woodland Park, Teller County, 22 Nov 2018 - #23 *ARREST*

[Ccging]

Wrongful Death Overview :: Justia

Interesting, easy read

Oh my, just read that. Thank you.

The last paragraph of it especially.

All I can think is poor KB.

 

[cynsational]

Yes. Honestly, these kinds of maneuvers make me question just how strong of a case law enforcement has.

I think it is to make the child custody case stronger.

 

[Mom24]

"The couple is also suing for negligence, alleging “Frazee enacted physical, mental, and emotional acts of violence upon Kelsey Berreth prior to her death, Frazee breached the duty of care with which a reasonable person should conduct himself toward another human being.”​

Berreth’s parents file wrongful death suit against fiancé

Could it be that there was a history of psychological abuse?

I missed that "emotional acts of violence". That does seem to indicate a pattern of psychological abuse.

 

[heartgoesout]

Really like how hard her family is hitting him - first with custody, then with wrongful death. Clearly her family is not to be messed with.

Classy bada$$es. Love it.

 

[Gardener1850]

I have PACER... if I can post, let me know and I will pull the documents

Documents are there... I'll post the docket for now until I know if I can post the documents

Date Filed # Docket Text
01/04/2019 1 COMPLAINT AND JURY DEMAND against Patrick M Frazee (Filing fee $ 400,Receipt Number 1082-6466586)Attorney Perry Ray Sanders, Jr added to party Cheryl-Lee Ellen Berreth(ptyla), Attorney Perry Ray Sanders, Jr added to party Darrell Lynn Berreth(ptyla), filed by Cheryl-Lee Ellen Berreth, Darrell Lynn Berreth. (Attachments: # 1 Civil Cover Sheet, # 2 Summons)(Sanders, Perry) (Entered: 01/04/2019)

01/04/2019 2 Case assigned to Judge Philip A. Brimmer and drawn to Magistrate Judge Kathleen M. Tafoya. Text Only Entry. (rroge, ) (Entered: 01/04/2019)
01/04/2019 3 SUMMONS issued by Clerk. (Attachments: # 1 Magistrate Judge Consent Form) (rroge, ) (Entered: 01/04/2019)

Please message @Tricia and/or @Harmony 2 to ask if you can post it.

 

[BRRI]

Please message @Tricia and/or @Harmony 2 to ask if you can post it.

I alerted them on the post, so hopefully they chime in soon. Definitely some interesting wording in the documents, but nothing very specific

 

[vaporlass]

Missing Woman’s Fiance Facing Wrongful Death Lawsuit.

My thoughts exactly. These parents may be heartbroken but they do not intend to take any chances of PF getting away with the murder of their daughter. I agree, they are seeking witnesses - and more proof with these actions - they are effectively tightening the noose around PF’s throat.
It is also abundantly clear that KB was her parents daughter - same determination, intelligence and strength. It makes me very emotional to think about the amazing strength it took them to set aside their grief and pursue their own justice.

 

[zecats]

If so, this may explain: (from PommyMommy's recent post):
"The couple is also suing for negligence, alleging “Frazee enacted physical, mental, and emotional acts of violence upon Kelsey Berreth prior to her death, Frazee breached the duty of care with which a reasonable person should conduct himself toward another human being.”

Really really shaking my head on this comment. What the heck had been going on prior to her death? Her MURDER. This is a tangled web of a case that continues to descend downward constantly. I'm afraid to hear the reason behind this statement. Sigh...

 

[Concernedmamaof3]

I missed that "emotional acts of violence". That does seem to indicate a pattern of psychological abuse.

Her appearing to not have many friends in the area makes more sense now. Sounds like it is possible he completely isolated her.

 

[Mom24]

Really?

Did anyone notice PF seemed to be taunting CB, prior to his arrest, when he was photographed out with the baby?
That’s how I saw it. I wondered then, do they even “like” each other?
Again, imo, (which I am entitled to), I didn’t “feel the luv” when she spoke of him.

JMO

I wasn't really surprised at the behavior during the early days because CB's daughter was missing and PF was acting like a petulant child. But I wonder how friendly they were before all this happened. It is odd that we've never seen a pic of all of them together. Not that one doesn't exist, but it is odd.

 

[MuddyTires]

IMO, there really is nothing about what happened to KB that can be gleaned from the complaint. The only specific facts alleged are the identities of the parties and that Frazee was charged with murdering KB and for soliciting murder of KB. Everything else is just boilerplate and "upon information and belief."

 

[MsBetsy]

"prior to her death"??? How long prior to her death?

I think it could refer to minutes. Similar to Travis Alexander, when he was facing the mirror as his killer was stabbing him. I'm thinking something like that. I don't think I want to know anymore. This just keeps getting worse! Imo

 

[vaporlass]

Could the purpose of the wrongful death case be to bring forth information more quickly that could potentially aid in the Barreth's custody case? Does a civil suit progress more quickly through the courts than the criminal trial?

Yes... this! Applying pressure... they will not go silently into the night and grieve ... they will fight and bring down the monster - by legal means. Moo.

 

[Ccging]

I wasn't really surprised at the behavior during the early days because CB's daughter was missing and PF was acting like a petulant child. But I wonder how friendly they were before all this happened. It is odd that we've never seen a pic of all of them together. Not that one doesn't exist, but it is odd.

I thought the same about a picture. The most recent one released of them was when baby was a baby. Makes me think he was not asked to the photoshoot where we get the beautiful pic of CB, KB, and little KB. (Which based on CB’s comment of last seeing KB in October leads me to think that is when that photo was taken).

 

[KNinTX]

Just an idea here. Perhaps the B’s are filing suit on behalf of little K while they have temp custody because if PF walks, he won’t sue himself, and if the F’s get custody of little K, they won’t file suit against their son, PF.

@Mercedes do you know if there is any way in which a civil suit could compel any otherwise unknown evidence relating to the criminal case to come out? Say if something was not allowed in a criminal trial but was allowed in a civil case for example... could that be a strategy?
Thank you for your insight!

 

[KayBe]

I’m wondering if perhaps addiction is involved at all. It has all the markings. IMO

 

[Gunslinging Granny]

I don't think it's standard language. I looked up several wrongful death lawsuits and they are were written differently and specific to the case.

I also searched and couldn't find that "enacted physical, mental, and emotional acts of violence prior to her death" was standard language.

 

[LietKynes]

That last paragraph is disturbing.
I wonder what evidence they have, to make such a statement.
This is horrid.
MOO.

Agreed.

Pretty sad that if her death wasn't instantaneous, she had time to realize that she was leaving her daughter forever.
For just Kelsey's fear and anguish alone--- he should never be free.

 

[Gardener1850]

KMVT has added a video to their story with a 3rd picture of IN posing with a dog. She's wearing a plaid shirt, a cowboy hat with a tiara and a pageant type sash: Family friend names Twin Falls County woman investigated in connection to missing Colorado woman

ETA: Dog looks similar to the type PF breeds. MOO.

 

[PommyMommy]

I have PACER... if I can post, let me know and I will pull the documents

Documents are there... I'll post the docket for now until I know if I can post the documents

Date Filed # Docket Text
01/04/2019 1 COMPLAINT AND JURY DEMAND against Patrick M Frazee (Filing fee $ 400,Receipt Number 1082-6466586)Attorney Perry Ray Sanders, Jr added to party Cheryl-Lee Ellen Berreth(ptyla), Attorney Perry Ray Sanders, Jr added to party Darrell Lynn Berreth(ptyla), filed by Cheryl-Lee Ellen Berreth, Darrell Lynn Berreth. (Attachments: # 1 Civil Cover Sheet, # 2 Summons)(Sanders, Perry) (Entered: 01/04/2019)

01/04/2019 2 Case assigned to Judge Philip A. Brimmer and drawn to Magistrate Judge Kathleen M. Tafoya. Text Only Entry. (rroge, ) (Entered: 01/04/2019)
01/04/2019 3 SUMMONS issued by Clerk. (Attachments: # 1 Magistrate Judge Consent Form) (rroge, ) (Entered: 01/04/2019)

Yes, that's what it looks like. IDK the rules on that-- it was said for the records from the Cocourts website we couldn't post because of the paywall, but that is not an official gov website. On other cases in the past if a long time member paid for court records (like through an FOIA request) a PDF link with a WS watermark was allowed (pre-approved by Tricia). If anyone has PACER access they should probably message Tricia to ask if the records can be posted. Hopefully a media source will just post the docs though. JMO.

Please message @Tricia and/or @Harmony 2 to ask if you can post it.

I alerted them on the post, so hopefully they chime in soon. Definitely some interesting wording in the documents, but nothing very specific

I've asked as well, so we have all the bases covered.

 

[Ccging]

KMVT has added a video to their story with a 3rd picture of IN posing with a dog. She's wearing a plaid shirt, a cowboy hat with a tiara and a pageant type sash: Family friend names Twin Falls County woman investigated in connection to missing Colorado woman

Um isn’t that dog a border collie? Not that it means anything, but I noticed it.