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

[Trudie]

I think the filing of a wrongful death suit is very premature and probably a big mistake. What is the purpose? There are potential big traps for KBs parents here and I worry that this is legally not well thought out.

PW~the civvie was not filed because of new info B’s got pertaining to the criminal suit, was it?
Statue of limitations is 2 years so they have plenty of time to file. So, it does seem odd.
The purpose of a civil suit is monetary, not criminal, correct?
Maybe he has something we don’t know of that can be liquidated for the baby. Idk. Guessing.
Tysm

 

[Pedrosmom]

Some of the wording makes me wonder if they may think he was an accomplice and not the primary murderer.

I disagree. He caused her to be murdered, by his own hands or by soliciting. The filing of the suit is stating he caused her death, not an accomplice to her murder. MOO.

 

[Trudie]

Some of the wording makes me wonder if they may think he was an accomplice and not the primary murderer.

Same here. Especially “committed and/or collaborated”. This is not saying he commited the murder. He could have or could not have. Moo
Possibly written this way in anticipation of another arrest & finger pointing to begin.
Co-defendant cases......ahhhhhh. I bet DAs tear their hair out.
^^^speculating, if there's another arrest .

 

[PrairieWind]

I tend to think they are very careful to follow instructions from those running the case as to not interfere in any way. This had to have been done at the recommendation of the prosecutor's. IMO

The prosecutor can have NO involvement with this civil case. If they were it could seriously jeopardize the criminal case. I bet this is a total surprise to the prosecutors.

 

[Pedrosmom]

The standard of evidence for civil is clear and convincing and criminal is reasonable doubt which a higher standard of proof so certain evidence and statements are used/said at a different proof. What I think is good is it forces statements now. I doubt the DA will like it.

I thought civil was preponderance of evidence. VA ? MOO

 

[Mountain Misst]

Interesting that IN has been named in the media immediately after the judge allowed PF to have access to what was earlier deemed withheld information "citing the safety of a possible witness."
IMO that likely indicates that IN was cooperative with LE - prior to PF arrest.

Sources confirm identity of woman under investigation in Kelsey Berreth case

 

[Concernedmamaof3]

I am thinking that may be justification for the damages being requested. Extreme and outrageous conduct before/during/after is interesting though

The after was certainly made apparent to all with his lack of presence at PC and seemingly withholding baby K. In addition to misinformation he sent them about KB and who knows what else that hasn’t been publicized. I think there is a case with this. The other parts are hard to argue without the evidence being made public. So you would think this case would need to be argued after the criminal trial or at least once the prosecution has laid out all their evidence. Of course this is all MO (non-attorney)O.

 

[AgeofAquaruis]

This has been going on for weeks- Nancy Grace reported it on Dec 26, so how much longer before that?
That is what makes me think maybe she won't get arrested but is in the process of deal making. Otherwise, why not have already arrested her, they have to have enough by now. JMO, hope I'm wrong.[/QUOTE Maybe she got an immunity deal. that could explain why she hasn't been arrested, and why they wanted to keep witness 'safe'. Maybe there are others involved that will arrested soon.
MOO.

 

[Jethro4WS]

I think the filing of a wrongful death suit is very premature and probably a big mistake. What is the purpose? There are potential big traps for KBs parents here and I worry that this is legally not well thought out.

Yeah, I don't see the urgency in doing this civil suit. Even the criminal side of this seems rushed - and I do wonder why that is.

 

[cluciano63]

Same here. Especially “committed and/or collaborated”. This is not saying he commited the murder. He could have or could not have. Moo

Covering bases, imo. And since criminal trial is likely to be first, as far as I can tell, just in case his actual conviction is different from first degree murder for some (bizarre) reason?

 

[Jazzy5980]

Deleted

 

[PrairieWind]

PW~the civvie was not filed because of new info B’s got pertaining to the criminal suit, was it?
Statue of limitations is 2 years so they have plenty of time to file. So, it does seem odd.
The purpose of a civil suit is monetary, not criminal, correct?
Maybe he has something we don’t know of that can be liquidated for the baby. Idk. Guessing.
Tysm

I don’t know what this based upon but I think it’s a huge mistake. It is opening the Berreth family up to counterclaims that he could could very easily win. I am stunned by this.

 

[Deleted member 718]

Sam's a little slow tonight. We already have the documents thanks to @BRRI.

Sam Kraemer‏ @SamKraemerTV 10m10 minutes ago
JUST IN: Kelsey Berreth's parents have filed a wrongful death lawsuit against Patrick Frazee in federal court. We'll have the latest on @KOAA at 10. #KelseyBerreth #PatrickFrazee

 

[cluciano63]

Gitana are you here?

Do you know if the criminal trial comes first, since he was arrested before this new civil case was filed? Or if criminal trials always come first? From googling...seems so, but info is sparse. Thanks.

 

[MuddyTires]

I think the filing of a wrongful death suit is very premature and probably a big mistake. What is the purpose? There are potential big traps for KBs parents here and I worry that this is legally not well thought out.

Unless there's some helpful aspect to the custody case, which is doubtful in the near term given a civil case would likely be stayed pending the criminal case, this to me seems like the product of desperation for answers. There's much we dont know and I'll give their counsel the benefit of the doubt because of that, but I share the concern that it doesn't seem well thought out.

 

[jaspermac]

I think it helps with nothing and complicates everything. It could freeze assets but they are few. The parents can’t use this to help discovery for the criminal case. It’s odd. It’s brought in federal court and I don’t think jurisdiction can even be maintained. I think it’s possible this could be dismissed. This just to me is poor legal strategy.

Thanks, it seemed odd to do this so early on, when it looks like he might not own much more than some cattle and a couple of trucks. Unless the intention is to file multiple unlawful death suits against other people who may have had a role in this and have more assets? To get those frozen?

 

[Kapua]

We can't sleuth her yet but it has been confirmed in MSM here: https://heavy.com/news/2019/01/krystal-jean-lee-kenney-idaho/

That's…. interesting.

 

[MsBetsy]

Some of the wording makes me wonder if they may think he was an accomplice and not the primary murderer.

Yes, like he "agreed" as opposed to plotted or something like that. Imo

 

[Concernedmamaof3]

I don’t know what this based upon but I think it’s a huge mistake. It is opening the Berreth family up to counterclaims that he could could very easily win. I am stunned by this.

Yikes. There must be reasoning behind it though. In the docs it never gave a specific number they were hoping to get; instead it seemed to leave that to the court’s discretion. Is that normal?

 

[PrairieWind]

Gitana are you here?

Do you know if the criminal trial comes first, since he was arrested before this new civil case was filed? Or if criminal trials always come first? From googling...seems so, but info is sparse. Thanks.

They operate independently.