CO CO - Kelsey Berreth, 29, Woodland Park, Teller County, 22 Nov 2018 - #36 *ARREST*

[Tippy Lynn]

There really is no incentive for him to plead guilty. So I don't expect him to.

That's right - besides the death penalty, but that hasn't happened in CO for so many years it's not really a factor.
jmo

 

[riolove77]

Tippy how do you get the old school ones?!

 

[PrairieWind]

I think to take a plea you have to have more involvement than what you are pleaing to - otherwise it isn't a plea?

Today she was charged with tampering of evidence as a plea. She plead guilty.

Anything else she may have done she didn't have to talk about today, because no one asked her. LE knows, the DA knows but they are only charging her with a lesser sentence. I think at her sentencing date, she may have to admit to everything else but not today.

She wont have to admit to anything other than what she did today. She CAN offer mitigating evidence at her sentencing, but she isn't required to say anything. She will be required to tell everything she knows if she is called as a witness at PF's trial.

 

[Tippy Lynn]

Tippy how do you get the old school ones?!

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[Hopefullyhelpful]

It would be logical now for representation for PF to explain to him that his circumstance is not favorable and discuss a plea for him. VA's? Death penalty off the table in exchange for location or disposition of KB's remains? If anyone else is involved, that could be negotiated to be even more favorable for him at this point. Better prison placement, chance for parole after minimum number of years served (?) Thoughts?

 

[InvSmith]

Now they have her fingerprints : LE may be checking them against prints taken in and around KB town home. That might be a telling factor IMO

Hmmm... so I can have evidence from a victim of a homicide and not be arrested nor fingerprinted or DNA collected, really? Don't try this in South Carolina.

 

[jaspermac]

She wont have to admit to anything other than what she did today. She CAN offer mitigating evidence at her sentencing, but she isn't required to say anything. She will be required to tell everything she knows if she is called as a witness at PF's trial.

Thanks!

What about the "aggravating factors" for her charge that could result in up to 3 yrs.

What would constitute "aggravating factors" for a judge?

 

[Tippy Lynn]

Hmmm... so I can have evidence from a victim of a homicide and not be arrested nor fingerprinted or DNA collected, really? Don't try this in South Carolina.

It seems incredibly wrong doesn't it?

 

[CarolinePolly]

KKs statement read by DA.

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[SandyQLS]

And she looks smug in her mugshot. Or maybe defiant. Ugh.

Not caught up, but ITA with you. My first thought was that she looks hard, the look in her eyes and her face is hardened. And this is her best pose given yesterday in Colorado Springs. Most mugshots we see are people arrested in circumstances like drunk, after a fight, after wrestling with police, after an accident. That face is the real KKL, hard, smug and defiant.

The crying in court was fake acting, or self-pity.

I have confidence that LE and the DA know what she is and what they are dealing with. Privately IMO they may expect she will crumble on the stand in the trial(s) when she testifies, and maybe they can add charges if she implicates herself.

 

[Seattle1]

I think to take a plea you have to have more involvement than what you are pleaing to - otherwise it isn't a plea?

Today she was charged with tampering of evidence as a plea. She plead guilty.

Anything else she may have done she didn't have to talk about today, because no one asked her. LE knows, the DA knows but they are only charging her with a lesser sentence. I think at her sentencing date, she may have to admit to everything else but not today.

Should PF move forward to trial, we can bet that the defense will allege that KK was very involved, and PF innocent. IMO, KK has a scorned woman look about her, and man oh man defense will play it up!

Anything KK testifies to will be challenged (including her PA) to plant the seed of reasonable doubt. It doesn't have to be true -- just alleged (a la C Anthony).

MOO

 

[PrairieWind]

That's right - besides the death penalty, but that hasn't happened in CO for so many years it's not really a factor.
jmo

Exactly! There is no real possibility that he will get a death sentence, let alone it being carried out.

 

[Julia966]

UPDATE: Magic Valley woman pleads guilty to tampering with evidence in Colorado

This is interesting:

"Her sentencing will not take place until after Frazee's trial, the prosecutor said."

I wonder why. So that the prosecution won't tip its hand as to what her cooperation has been? Or will her sentence somehow depend on how his trial goes? Or to make sure she continues to cooperate?

 

[jaspermac]

A reported asked about the search of the landfill site at the very end of the press conference.

Dan May started questioning whether it had been released into public domain. It had not.

Which means the landfill site search was real. My interpretation of it and how it was the only question he wavered on was there was still info to be released . I don't think they have done the landfill search yet, they are probably still planning it and gathering resources- staff etc.

 

[zea mays]

UPDATE: Magic Valley woman pleads guilty to tampering with evidence in Colorado

This is interesting:

"Her sentencing will not take place until after Frazee's trial, the prosecutor said."

I wonder why. So that the prosecution won't tip its hand as to what her cooperation has been? Or will her sentence somehow depend on how his trial goes? Or to make sure she continues to cooperate?

BBM. That's the reason. If she doesn't cooperate or isn't truthful her plea deal ceases to exist.

 

[Seattle1]

All of our attorneys say "anyone can sue anyone" - the question IMO is what would they hope to gain out of it? I thought the reason for them to sue PF was to get him to talk - but they haven't really moved that case forward that I can tell. If they amend the complaint to add KK to it, maybe they would get the answers they need? They did use the plural cases, so perhaps she may have to testify in the civil trial for PF as well as the criminal one? I don't know. But I do hope she has to tell every single thing she knows and when she knew it JMO
ETA: all of our attorneys at my firm - not the WS attorneys

Good catch -- it appeared to me from the tweets that pursuant to her PA, KK is required to cooperate with all the suits involving the homicide of KB. MOO

 

[jaspermac]

UPDATE: Magic Valley woman pleads guilty to tampering with evidence in Colorado

This is interesting:

"Her sentencing will not take place until after Frazee's trial, the prosecutor said."

I wonder why. So that the prosecution won't tip its hand as to what her cooperation has been? Or will her sentence somehow depend on how his trial goes? Or to make sure she continues to cooperate?

They have to disclose her cooperation to the Defense.

I think they are waiting til after his trial so that they don't get stuck with a bad deal if she has lied. Telling the truth is part of the deal but what if the lies are not enough to increase her charges but enough to affect whether her sentencing is probation, or jail Or "aggravated factors" which could increase jail time.

 

[Niner]

Tippy how do you get the old school ones?!

oops already answered...

 

[PrairieWind]

UPDATE: Magic Valley woman pleads guilty to tampering with evidence in Colorado

This is interesting:

"Her sentencing will not take place until after Frazee's trial, the prosecutor said."

I wonder why. So that the prosecution won't tip its hand as to what her cooperation has been? Or will her sentence somehow depend on how his trial goes? Or to make sure she continues to cooperate?

She has told the DA what she knows and the DA made the deal. So now she has to go on the witness stand at PF's trial and testify to what she has already told LE and the DA. If she does not, she will face a harsh sentencing, and perhaps additional charges. As long as she does testify, she gets the benefit of the plea deal and little or no prison time. As long as she cooperates, the DA is locked into this deal.

 

[Seattle1]

There really is no incentive for him to plead guilty. So I don't expect him to.

Yup, and as a criminal defendant, PF's been a perfect client: kept his mouth shut from the beginning.

There's still no body.

Defense will challenge any testimony by KK -- possibly pointing the finger at KK and her invisible accomplices, hoping for some reasonable doubt!

Agree. PF is going to trial.

MOO