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

[MuddyTires]

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.

What type of counterclaims?

 

[jaspermac]

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

Its probably just language set up to ensure they win civilly based on evidence needed. If you set the bar low for his involvement or give the spectrum of possible involvement it leaves more room for him to be found civilly responsible for the murder. But i could be wrong.

 

[Warwick7]

This:
PICTURED: Female nurse, 32, 'who assisted killer fiance Patrick Frazee' | Daily Mail Online

Thank you!
She doesn't look how I expected....

 

[PrairieWind]

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?

Yes that is common to ask for damages “ as may be awarded at trial.” You have to allege enough to get jurisdiction on certain courts but just the allegation is enough.

 

[katydid23]

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.

Oh Oh. What kind of traps? Could it affect their custody case?

 

[BRRI]

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.

It is also saying that he could have been an accomplice. "(Frazee) acted as either the perpetrator or accessory to the murder""

 

[Ilovemy3boys]

Berreth parents file federal suit against Patrick Frazee

The civil suit accuses Frazee of wrongful death, negligence per se, conspiracy, and infliction of emotional distress. The documents allege Frazee either committed and/or collaborated in Kelsey's murder.

The suit also accuses Frazee of inflicting physical, mental, and emotional acts of violence on Kelsey prior to her death.

The Berreths claim that Frazee's "extreme and outrageous conduct" has caused them emotional distress exceeding the amount of $75,000.

All paperwork pertaining to Frazee's criminal charges has been sealed.

 

[InvSmith]

Wow you snooze you loose. I was away for a few hours and all hell broke loose. I see a wrongful death suit has been filed by Kelsey’s parents. What else has happened?

1. The nurse in Idaho was named by the press and confirmed by Twin Falls police as being investigated and confirmed as on leave from her nursing position.
2. She is not under arrest. We are still referring to her as 'IN' out of habit and tiredness.
3. The arrest warrant was released to the defense and the defendant.
4. We are expecting some type of news (I would imagine) on IN's status by Monday.
5. We are starting to discuss civil versus criminal strategy and why file now.

 

[PommyMommy]

This article includes the same documents BRRI posted, just in three separate pdf files. (Thanks so much, @BRRI!)

Berreth parents file federal suit against Patrick Frazee
Kelsey Berreth's parents, Cheryl-Lee Berreth and Darrell Lynn Berreth, filed a civil suit in federal court against Patrick Frazee, Friday.

The civil suit accuses Frazee of wrongful death, negligence per se, conspiracy, and infliction of emotional distress. The documents allege Frazee either committed and/or collaborated in Kelsey's murder.

The suit also accuses Frazee of inflicting physical, mental, and emotional acts of violence on Kelsey prior to her death.

 

[Ccging]

What type of counterclaims?

I’m curious about this as well. Defamation of character or something along those lines?

 

[PrairieWind]

Oh Oh. What kind of traps? Could it affect their custody case?

I don’t think it affects custody at all. I worry it opens them to an Abuse of Process counterclaim. How do you bring a wrongful death suit for someone not declared dead? And if you bring that suit for the real purpose of trying to assist a criminal case, an “ulterior purpose”, you have abuse of process and the Berreth could be writing a check to PF.

 

[Gardener1850]

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.

Is there any chance PF's criminal case might be thrown out and the Berreths were tipped off to that possibility and decided to file a civil case immediately?

(I really hope this isn't the case but I'm worried since there has been no news of another arrest.)

 

[heartgoesout]

I don’t think it affects custody at all. I worry it opens them to an Abuse of Process counterclaim. How do bring a wrongful death suit for someone not declared dead? And if you bring that suit for the real purpose of trying to assist a criminal case, an “ulterior purpose”, you have abuse of process and the Berreth could be writing a check to PF.

Oh dear, I sure hope they know what they're doing.

 

[KSinMT]

Thank you!
She doesn't look how I expected....

There's some other pics floating around msm where she looks quite different, like she lost a lot of weight.

 

[Hopefullyhelpful]

Posters ARE posting INs real name. I PM'd Tricia a few minutes ago, but haven't heard back.

Because of the initials, it’s actually easier to continue to use IN. MOO

 

[MuddyTires]

I don’t think it affects custody at all. I worry it opens them to an Abuse of Process counterclaim. How do bring a wrongful death suit for someone not declared dead? And if you bring that suit for the real purpose of trying to assist a criminal case, an “ulterior purpose”, you have abuse of process and the Berreth could be writing a check to PF.

Dont know the specifics of Colorado law but it's generally very hard to win abuse or process claims. I guess there's a conceivable risk there, but it's very easy for them to point to the fact that there have been charges brought against him for her murder as the basis for their claim.

 

[MuddyTires]

I’m curious about this as well. Defamation of character or something along those lines?

The statements in the complaint are legally privileged and reasonable in light of the criminal charges so a defamation claim based on the lawsuit wouldn't get anywhere.

 

[jewelsmac]

I missed it earlier today and do not have the will to go through the 47,000 posts from earlier today. Can someone help me out? Did they finally revealed to his lawyer the affidavit I believe it’s called for his arrest? Anybody?

 

[k-mac]

Amazing what make up and hair spray does.....

think its got more to do with age.
the glamour shot is likely when she was about 20 (and little miss rodeo queen) and the pics of her now shes carrying a lot more weight so her face is fuller, she is about a decade older, a working mum and still a active rodeo person.

a lot can change in 10 years.
but she still is a very naturally beautiful woman.

Patrick does pick up lovely looking females.....god knows how!!

 

[heartgoesout]

One theory I'm pondering is that there was no affair. That IN and comrades were solicited by PF and she was the sloppy one.