CO CO - Kelsey Berreth, 29, Woodland Park, Teller County, 22 Nov 2018 - #26 *ARREST*

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  • #441
Ita & I think people are naive to think an “oath” means much to a murderer. He’s likely going down. What’s lying in court going to add to a LWOP?
I wish I could find a link, I read an article, a recently retired Judge of almost 40 yrs claims he never had a case w/o lies from both sides, imo & my interpretation.
I find it annoying for someone to say “he HAS to tell the truth”. No, no he does not. Many don’t, IMO.
That's not the point when the goal is child custody. In criminal court, the defendant has a right to remain silent and invoking that right can't be used against him. But in civil court, anything said or not said can be used against the defendant by the Judge. JMO
 
  • #442
Yes, as if a convicted murderer who never spoke during trial is going to confess in a civil case...sure, chances are the family will win the case but will not obtain any true info.
Jmo
In the Cooper, Young and now this case the goal isn't gain info, the goal is to obtain child custody. JMO
 
  • #443
That's not the point when the goal is child custody. In criminal court, the defendant has a right to remain silent and invoking that right can't be used against him. But in civil court, anything said or not said can be used against the defendant by the Judge. JMO

Sorry, I meant in general, I believe it to be normal for lying to occur in criminal trials.
 
  • #444
  • #445
In CO what are the standard procedures with booking one into jail ? Fingerprints and mug shots are a given and if a suspect is charged with murder I assume DNA swabbing would be taken, but is it mandatory to do drug screening?
 
  • #446
A civil lawsuit does require answering questions and was used in the Cooper and Young cases before either man was even arrested. It is a way for LE to exploit the right to silence. Cooper answered and Young did not but they both lost custody.

Jason Young was sued for wrongful death by Michelle's mother.

Jason Young named in wrongful death lawsuit in Michelle Young's slaying :: WRAL.com

In a civil case, you can still assert your 5th amendment right to not incriminate yourself. The problem with that is that your assertion of the 5th amendment could result in an adverse inference against you in that civil case or another civil case.

In a criminal case, your silence cannot be used against you.

In the Jason Young case, it wasn't that he didn't answer questions or that he asserted the 5th amendment privilege in the civil cases, he never responded to the cases, resulting in default judgments.

His silence and failure to respond should not have been allowed to be used against him in his criminal case, but his lawyers did not properly object when that evidence was offered at his trial. The NC Supreme Court ultimately ruled that by not properly objecting, he had waived the issue.
 
  • #447
Chris Halsne on Twitter

“Search warrants served in #Idaho related to #kelseyberreth murder. Twin Falls Co Sheriff Tom Carter says FBI contacted him in December to help execute. @KDVR investigates at 5,7,9”

Live-stream link: Live Streaming
DwWDTX9U0AEe0Y7.jpg

I wonder who that is in the photo being interviewed...maybe the Twin Falls Sheriff? Listening to the live stream - hopefully that will fill in the blank.
MOO
 
  • #448
In CO what are the standard procedures with booking one into jail ? Fingerprints and mug shots are a given and if a suspect is charged with murder I assume DNA swabbing would be taken, but is it mandatory to do drug screening?
Yes on the first three, but no on the drug screening.

We learned this in the Watts case. Unless PF was showing signs of impairment, there would be no drug screening.
 
  • #449
DwWDTX9U0AEe0Y7.jpg

I wonder who that is in the photo being interviewed...maybe the Twin Falls Sheriff? Listening to the live stream - hopefully that will fill in the blank.
MOO
I’d guess “Twin Falls Co Sheriff Tom Carter”
 
  • #450
In CO what are the standard procedures with booking one into jail ? Fingerprints and mug shots are a given and if a suspect is charged with murder I assume DNA swabbing would be taken, but is it mandatory to do drug screening?

No drug/tox on CW. Somewhere in the 2k pages you can find more specifics.
 
  • #451
I’d guess “Twin Falls Co Sheriff Tom Carter”
Lol yep, I figured that out and edited my post. Must be Tom. :p
 
  • #452
iirc, CB told reporters at the first press conference that the couple never lived together.

I think CB might have been referring to formally living together. I know when my husband and I started dating we each had our own places, but often spent the night at each other's home. At that time, I would not say that we were living together, BUT we were together nearly every night. I don't think her statement rules out that they spent nights at each other's houses. MOO
 
  • #453
Yes on the first three, but no on the drug screening.

We learned this in the Watts case. Unless PF was showing signs of impairment, there would be no drug screening.
Thx @MassGuy it would be good profiling information to have.
 
  • #454
She may have been in a rent to own contract or something, then needed to fulfill the purchase obligation or move. Jmo
KB reportedly had been living in the complex prior to purchasing her unit. Very good chance mortgage was equivalent to her rent. CB also reported that original plan was for KB and PF to purchase their own ranch, but alleged drop in cattle market put a wrench in the plan. MOO
 
  • #455
Sam Kraemer on Twitter
Tonight, we're taking a closer look at the wrongful death lawsuit with help from @McDivittLaw. Why now? What impact could it have on the criminal case, if any? We'll answer those questions & more tonight on @KOAA at 10. #KelseyBerreth #PatrickFrazee

Sam Kraemer on Twitter
We asked Sanders Law Firm, which is representing Cheryl & Darrell Berreth, for an interview. They told me they're unable to comment at this time. #KelseyBerreth #PatrickFrazee @KOAA

Sam Kraemer on Twitter
I also reached out to @4thJudicialDA for comment on how this lawsuit could impact the criminal case. A spokeswoman says the office doesn't handle civil cases & that they are handling the criminal case, which is under seal. #KelseyBerreth #PatrickFrazee @KOAA
 
  • #456
I think the original attorney was replaced because of cost. PF simply could not afford a private attorney to defend him when a public defender is available.
Does a public defender have the right to decline to defend ?
 
  • #457
I have a question from the perspective of psychological profiling. It seems like “narcissist” is the go-to word that is used in cases of husbands who kill their wives/kids.

I know generally what narcissism is. But my question is, can a person do what PF or CW allegedly did and NOT be a narcissist? We still know so little about PF - how is it that so many people call him a narcissist even while not having very much to go on? I’m not saying they’re wrong, I just would like to know what factors have gone into forming such an opinion.

I think oftentimes people assume someone must be a narc bc they are able to have relationships with women (or men) who seem to be more evolved than they are for lack of a better word.

We see someone like KB who seems to be an attractiv, educated, career minded woman and yet she fell for someone who we now see couldn’t have been who she thought he was. There was some sort of mask in place in order for PF to have kept her- MOO.

There are psychopaths and sociopaths who aren’t narcs.

All JMO.
 
  • #458
It would behoove every unmarried mother to learn her state's custody laws in order to protect herself and her child from such an incident. JMO
99% think “X” bad thing will never happen to them.
 
  • #459
Does a public defender have the right to decline to defend ?

I was wondering the same thing, but I don't think so, aren't they assigned?
 
  • #460
I think oftentimes people assume someone must be a narc bc they are able to have relationships with women (or men) who seem to be more evolved than they are for lack of a better word.

We see someone like KB who seems to be an attractiv, educated, career minded woman and yet she fell for someone who we now see couldn’t have been who she thought he was. There was some sort of mask in place in order for PF to have kept her- MOO.

There are psychopaths and sociopaths who aren’t narcs.

All JMO.
Yes. I have experienced this in my life so I get how she became involved and how it was too late once she realized the truth.
 
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