CO CO - Kelsey Berreth, 29, Woodland Park, Teller County, 22 Nov 2018 - #35 *ARREST*

[InvSmith]

I wonder what evidence it is then. I know PF needs to go down, but she should go right down with him.
Moo

If she tampered with KB, she would be under the jailhouse currently.

 

[gitana1]

Thank you for your input @gitana1 Much appreciated! As long as he goes down for life, I'm OK with that. It sucks, but still..

Thank you!!!!

 

[Hopefullyhelpful]

Actually, I think it's about 18 years, which is 2/3 of a maximum "life" sentence of 25 years unless the person is deemed to be a "dangerous offender" in which case the person is held indefinitely. Also, you don't have to have committed murder to be deemed a "dangerous offender".

All that being said, the statistics on recidivism in Canada are admirable and enviable.

 

[lindaromas]

There is zero to suggest that the DA is overlooking possible murder charges for KK. If they had sufficient evidence that she participated in murder they wouldn't let her plea to tampering IMO.

I think the most they have is evidence that she was an accessory. A plea deal from that to tampering in exchange for info and testimony is pretty reasonable IMO and likely to happen. But actual murder to tampering? No way.

Is there a possibility to go from tampering to murder?

 

[Oregon]

Umm yeah...so terribly afraid of a man who lived hundreds of miles away that she traveled willingly to him while keeping quiet for months about his plan to kill the mother of his child. I can see how someone who is so, so afraid would do that. (Insert sarcasm font here....)(Thanks for whoever suggested that.....)lol MOO

How many opportunities did she pass up before KB death that would have saved her life. How many opportunities to seek protection and justice did she pass up during her time in Colorado and her hundreds of miles trip back to Idaho; past local police departments, county police departments, state police departments?

In the end, she deserves the same consideration and compassion she gave to KB. I hope the prosecutors find a way to give that to her. There was/is no credible excuse.

 

[jewelsmac]

Karla Holmolka......just gonna leave that thought here......

 

[Hatch]

Deleted : by myself

 

[gitana1]

I'm curious what a civil lawsuit related to KB's death would do to her ability to be reinstated. Something along the lines of losing the civil suit (which takes a lesser burden of proof) showing that she isn't of the moral standard expected of a nurse. Wishful thinking on my part, maybe, I don't know how nursing license work.

I don't think a civil lawsuit would do anything to risk her nursing license, but I;m not sure. The code states "crimes of moral turpitude". IIRC. But we have some very knowledgeable nurses on here, I think @Mom24 is one who can maybe answer that?

But one thing a civil lawsuit can accomplish is making her actions more well known and also, if there's a judgment and she actually retains or gets back her nursing license, the family can garnish her wages.

 

[gitana1]

Karla Holmolka......just gonna leave that thought here......

This is not Canada. We've never seen anything like that here.

 

[lindaromas]

Yes. True. But I've never heard of an entirely sealed case like this so we don't even know of an arrest, except in the case of some very controversial federal terror cases.

Secret cases make it easy for there to be corruption or injustices to be unmonitored by the public.

I get having affidavits sealed for certain purposes for a certain period but otherwise it really gets into unconstitutional territory. How a Colorado Supreme Court ruling affects the public’s right to inspect judicial records - Colorado Freedom of Information Coalition

I can't remember if you liked this post when I posted it earlier I thought it was a really good explanation of how sealed and suppressed cases work in Colorado
Shrouded justice: Thousands of Colorado court cases hidden from public view on judges’ orders – The Denver Post

 

[gitana1]

She should more than a fine,and probation. Grrrrrrrr.

But if they don't know whether a deal has been made how do they know "she will only get a fine and probation". The charge is for up to 18 months.

 

[Tippy Lynn]

Defense attorneys can get pretty creative. Ever hear of a guy named O.J.? Or that gal in Florida, Casey?

JMO

I'm not in an attorney, but IMO all good attorneys need to be creative at times. It's their job to represent their clients to the best of their ability. They typically want to win their cases and sometimes they need to be creative to win. jmo

 

[thesaint]

JMO
Lets take a quick look at the one of the murder charges on PF which has him possibly committing the murder along with someone else being present with him.

"Prosecutors filed two murder charges because they have different theories. One is that he acted alone to kill Berreth, the other, he alone or with other people killed her during a robbery on November 22nd."

Patrick Frazee, accused of killing missing fiancee Kelsey Berreth, charged with 5 felony counts

Maybe get their ducks-in-a-row before throwing charges against the wall to see what sticks. A decent defense attorney will bring up the filing of these alternative theories as a way of sowing the seeds of doubt, especially if they never recover a body. For a "no body" prosecution you want an airtight theory of the case to present to the jury. Hopefully KK leads them to her location.

 

[InvSmith]

We don't know what evidence they have. The fact that they feel they have to use her testimony concerns me.

JMO

Her testimony is probably more important to the solicitation charge(s) than the phone or actual homicide. The solicitations have far serious consequences such as life in prison than the phone portion. The phone carry to another state was rather juvenile in this Law and Order/Dateline world.

 

[gitana1]

I can't remember if you liked this post when I posted it earlier I thought it was a really good explanation of how sealed and suppressed cases work in Colorado
Shrouded justice: Thousands of Colorado court cases hidden from public view on judges’ orders – The Denver Post

I couldn't access it but I later found another source for the article. Pretty shocking to me. At first I thought that was mostly about cases after they were sentenced. But no. Secret arrests? Secret charges? That's scary territory to me.

 

[MyBelle]

Canada is so lenient on violent crime it’s laughable. Not even comparable imo.

Homolka was offered a plea deal. Not sure how that is any different than offering plea deals in the U.S. in a case involving murder. A plea deal is an incentive to lie.

JMO

 

[gitana1]

I really just needed to take a break for the day. I'm back. I'm used to the vitriol, honestly. People in this country do not like law enforcement and unfortunately DAs fall into that category.

There are bad/lazy/corrupt people in every profession. We don't stop going to church because some priests molest children, we don't stop sending our kids to school because some teachers rape their students. It's unreal to assume that the DA here is just looking for the fast, cheapest, least amount of work necessary way to get this case taken care of.

He said at the press conference in December that this case wouldn't be tried in the media, and it hasn't. For that alone I have a ton of respect. To assume that just because we don't know certain details surrounding this plea deal (or any other aspect of the case) means he's taking the easy way out is ridiculous.

It is very much possible that the only ILLEGAL (not immoral) thing that KK did was transporting the phone. If so, and she could have faced an accessory after the fact charge had she refused to cooperate, but is now going to get a tampering charge in exchange for full cooperation, that is fantastic. Imagine she refused to talk and they had nothing to stick her with except for the accessory charge. She'd go to prison for 2-6 years and that would be that. But she wouldn't testify against PF, and then what? If she is the nail in his coffin, then give her the tampering charge.

I know we all despise her because she knew. She's disgusting and immoral. Frankly, I'd love to give her a piece of my mind. BUT, the DA cannot charge her for knowing. It's simply not a crime. And if all she really did do was transport the phone, then I think it's a sweet deal for the DA frankly. Have some faith, until there's reason not to.

Bravo. Thank you.

 

[UnicornDragon]

Maybe get their ducks-in-a-row before throwing charges against the wall to see what sticks. A decent defense attorney will bring up the filing of these alternative theories as a way of sowing the seeds of doubt, especially if they never recover a body. For a "no body" prosecution you want an airtight theory of the case to present to the jury. Hopefully KK leads them to her location.

It seems like not having a properly lined up set of ducks is what led to Casey Anthony walking. Granted, with what they had, it always looked like Florida over charged without any lesser options. Which doomed them.

 

[InvSmith]

Is there a possibility to go from tampering to murder?

Ms. KK has been investigated upside down and inside out. Literally, every inch of her living space, car, and property has been turned inside out. Her family and friends have been interviewed probably as far back as kindergarten. Every electronic device, GPS, camera with her image has been examined as we still have a missing victim. The pressure that has been brought upon her since she was identified as a POI has been at an intensity hard to explain. If she came out of all of this with interfering with a proceeding prior to evidence (for what we know today) then that is what she deserves to be charged with per the law.

 

[CDB]

JMO
Looking back at the actual charges against PF, and combined with this latest news has me totally rethinking just how much more involved KK may have been.

Lets take a quick look at the one of the murder charges on PF which has him possibly committing the murder along with someone else being present with him.

"Prosecutors filed two murder charges because they have different theories. One is that he acted alone to kill Berreth, the other, he alone or with other people killed her during a robbery on November 22nd."

Patrick Frazee, accused of killing missing fiancee Kelsey Berreth, charged with 5 felony counts

I want to have faith in LE here that they are doing the right thing with KK but my mind is now racing at all the possible scenarios. Not the least of which is that its possible she was with PF that day. Even if the minimum that KK transferred that phone across state lines, sent the texts, and destroyed the phone, then the cushy plea deal that we are learning about seems way too lenient to me.

It doesnt make much sense to me unless there was some outside pressure so I have to wonder. Is it possible that the Twin Falls, Idaho LE may have had some influence on the Colorado LE to minimize her charges as they worked with the Teller County investigators.
Like could there have been discussions that may have went like this:
"We are a small town here in Twin Falls, Idaho and everyone knows everyone and if we hang one of our Rodeo Queens it will not only destroy her but destroy our whole town's reputation for years to come. Can you please keep that in mind as you think about what charges you are going to put on her?"

Is that too far out in left field that internal LE discussions may have encompassed discussions like that?

Don't forget that she lives in Hansen, Idaho not Twin Falls. For this to occur it would require the Twin Falls police, County Sheriff, potentially the State Police, and FBI to be complicit and I find that extremely unlikely. Also Twin Falls has roughly 50,000 people and the Magic Valley has 185,000 population, it is not as tiny as one might think.

*Edited for clarity*