CO CO - Kelsey Berreth, 29, Woodland Park, Teller County, 22 Nov 2018 - #38 *ARREST*

[jewelsmac]

Don't you imagine they want to scream from the mountaintops what happened to their girl, especially after the garbage spouted this week on CBS about the good-girl-Rodeo-Queen?

Who could hold it in?! MOO

I couldn’t agree more. The restraint shown by KB‘s parents is remarkable in my opinion . The game her mom had to play in the beginning, during tv interviews, was in order to help the investigation in my opinion. They have been relatively silent during this entire nightmare . Possibly hearing about the character assassination of their daughter in town, how she had disappeared before, how she wasn’t a good mom. Hearing/seeing other people talk about how scared KK was, how it was out of her character, blah, blah, blah. All the while their girl was out there cold and alone. I’m angry as hell for these people and I don’t even know them. So if they want to bring on a passive aggressive, gag order circumventing, laundry list of ugliness against PF for all to see, I say bring it on sister.

 

[amm]

The optimistic part of me thinks that maybe the judge wanted the documents released but is making sure to dot every i and cross every t so as to not give opportunities for appeal down the road. If so, the judge could be secretly cheering the civil complaint document release. JMO.

 

[Dave F.]

Explain, please. Also which part or what was the amendment?

The title at the top is "Amended Complaint and Jury Demand". It appears 11 lines down from the top of the page.
https://media.krdo.com/npg-krdo-med...vil Lawsuit_1550287460872_34091978_ver1.0.pdf

 

[Lhughessk]

Well I’m not surprised at all that this was about custody. A lot of us guessed as much.

What does surprise me is how much he seems to have been in contact with CB to throw her off. I mean it makes sense given that something or someone had to be somewhat placating the Berreths that week. But I guess just because PF has been radio silent in the public realm, just having words at all attributed to him is surprising.

Not any less evil than I originally imagined.

In my opinion, killing your fiancé who you share a child with is not “about custody.” It’s about not wanting your fiancé around anymore. The only way the child is involved is that the child’s existence means you’re going to have to interact with the mother for decades. I don’t think PF is a doting father who loves his daughter and couldn’t stand the thought of being without her. He is a man who hated the thought of a woman weighing him down when he wanted to be totally free of her. JMO

 

[Side Sleuth]

I think he wanted to see what KK was doing with the phone.

My impression is he was just delaying and giving excuses to CB as to why he could not access her phone records. Like maybe CB asked him to try to see if they could locate her and then he gave the lame excuse that he did not know her security questions such as "where did you meet your spouse" which of course he should have known.

 

[NoeticSoul]

Good morning! From the amended document at link: http://media.graytvinc.com/documents/Amended+complaint+vs+Patrick+Frazee.pdf
it looks like KB's parents are the plaintiffs.
(snipped by me):

"PARTIES, JURISDICTION AND VENUE

1. At all times pertinent hereto, the Plaintiff Cheryl-Lee Ellen Berreth was a natural person and citizen of the state of Idaho and resides in Bonner County.

2. At all times pertinent hereto, the Plaintiff Darrell Lynn Berreth was a natural person and citizen of the state of Idaho and resides in Bonner County.

3. At all times pertinent hereto, Plaintiffs Cheryl-Lee Ellen Berreth and Darrell LynnBerreth were husband and wife and the natural parents of Kelsey Berreth (hereinafter referred to as “Kelsey”)."

(snipped by me)

Thank you kindly! I don't understand why they didn't change that? I thought I read somewhere (possibly the VA's here) that it had to be on Baby K's behalf. Hmmm

 

[Dave F.]

I did not notice if the Berreths amended the filing to file on behalf of Baby K and not themselves? TIA if anyone else noticed that change?

This is an amended complaint.......essentially an "ignore motions and restart at the beginning". I think PF's attorney's will simply refile their motion. I don't see anything new that they would have to answer further at this time.
Attorneys can certainly correct me. IMO

 

[mrstfs]

My impression is he was just delaying and giving excuses to CB as to why he could not access her phone records. Like maybe CB asked him to try to see if they could locate her and then he gave the lame excuse that he did not know her security questions such as "where did you meet your spouse" which of course he should have known.

I agree with you. I don’t even believe KB would have used that as a security question because my opinion is she wouldn’t think of him as a “spouse”.

 

[jewelsmac]

In my opinion, killing your fiancé who you share a child with is not “about custody.” It’s about not wanting your fiancé around anymore. The only way the child is involved is that the child’s existence means you’re going to have to interact with the mother for decades. I don’t think PF is a doting father who loves his daughter and couldn’t stand the thought of being without her. He is a man who hated the thought of a woman weighing him down when he wanted to be totally free of her. JMO

I agree but I think it’s even more than that. IMO it was about wanting his freedom. But I don’t think he sees his child the way you or I would,. She is a possession. His possession. One that KB had the audacity to not want to give up....so she had to go. So that his belief that everything was about him and what he wanted, and his freedom, could be accomplished.

 

[Seattle1]

I did not notice if the Berreths amended the filing to file on behalf of Baby K and not themselves? TIA if anyone else noticed that change?

It was not necessary. Berreths' obviously believe they have legal standing to file the suit as parents, and I agree with them. C.R.S. § 13-21-201 governs who may bring a wrongful death action.

Pursuant to a recent statutory amendment, a “designated beneficiary” of the decedent may also have standing to bring a wrongful death action, in lieu of, or in addition to other parties with standing enumerated by the statute. [emphasis added].

 

[Dave F.]

Thank you kindly! I don't understand why they didn't change that? I thought I read somewhere (possibly the VA's here) that it had to be on Baby K's behalf. Hmmm

In Colorado civil law, only the immediate survivor can sue for wrongful death, and also under Colorado civil law, that is Baby K. The B's are claiming that they have a right to sue in federal court, because they are NOT residents of Colorado and intend to establish it is an interstate injury.
The easiest resolution would be for the B's to wait until they have legal custody, and refile in state court as Baby K's legal guardians. This is apparently a signal that the B's do not intend to follow that course. IMO

 

[NoeticSoul]

It was not necessary. Berreths' obviously believe they have legal standing to file the suit as parents, and I agree with them. C.R.S. § 13-21-201 governs who may bring a wrongful death action.

Pursuant to a recent statutory amendment, a “designated beneficiary” of the decedent may also have standing to bring a wrongful death action, in lieu of, or in addition to other parties with standing enumerated by the statute. [emphasis added].

Thank you very much ! eta And I agree with you 100% The Berreths have every right and I hope they go after KK and her BFF too and anyone else who knew for months and did NOTHING.

 

[NoeticSoul]

In Colorado civil law, only the immediate survivor can sue for wrongful death, and also under Colorado civil law, that is Baby K. The B's are claiming that they have a right to sue in federal court, because they are NOT residents of Colorado and intend to establish it is an interstate injury.
The easiest resolution would be for the B's to wait until they have legal custody, and refile in state court as Baby K's legal guardians. This is apparently a signal that the B's do not intend to follow that course. IMO

Thank you as well, Dave, I appreciate the info.

 

[Seattle1]

Huh? You lost me.
http://www.cobar.org/Portals/COBAR/Repository/publicDocs/Colorado's designated beneficiary act_web.pdf?ver=2012-07-27-130730-947

C.R.S. § 13-21-201 governs who may bring a wrongful death action.

Pursuant to a recent statutory amendment, a “designated beneficiary” of the decedent may also have standing to bring a wrongful death action, in lieu of, or in addition to other parties with standing enumerated by the statute. [emphasis added].

 

[MyTinkieGirl]

...

 

[amm]

For the verified attorneys, is there any ground for the Bs to file civil suit against KKL? I can't imagine the agony they must feel, knowing that KKL had knowledge that could have saved KB if KKL had gone to authorities. As a nurse, I feel like it was KKL's ethical duty to report it and she had multiple occasions to do so. As a former social worker and a current nurse, I err on the side of caution in reporting. I wouldn't be able to sleep at night if my failure to report resulted in great harm or death.

 

[kkdj]

For the verified attorneys, is there any ground for the Bs to file civil suit against KKL? I can't imagine the agony they must feel, knowing that KKL had knowledge that could have saved KB if KKL had gone to authorities. As a nurse, I feel like it was KKL's ethical duty to report it and she had multiple occasions to do so. As a former social worker and a current nurse, I err on the side of caution in reporting. I wouldn't be able to sleep at night if my failure to report resulted in great harm or death.

Great points!

 

[Kapua]

I couldn’t agree more. The restraint shown by KB‘s parents is remarkable in my opinion . The game her mom had to play in the beginning, during tv interviews, was in order to help the investigation in my opinion. They have been relatively silent during this entire nightmare . Possibly hearing about the character assassination of their daughter in town, how she had disappeared before, how she wasn’t a good mom. Hearing/seeing other people talk about how scared KK was, how it was out of her character, blah, blah, blah. All the while their girl was out there cold and alone. I’m angry as hell for these people and I don’t even know them. So if they want to bring on a passive aggressive, gag order circumventing, laundry list of ugliness against PF for all to see, I say bring it on sister.

I'm thinking of the time CB described PF and KB as "loving" and remembering that she seemed very guarded to me in those first interviews. I'm going to go back and watch and listen to them with new eyes and ears, knowing what she knew when she spoke. What extraordinary strength!

 

[NoeticSoul]

I'm thinking of the time CB described PF and KB as "loving" and remembering that she seemed very guarded to me in those first interviews. I'm going to go back and watch and listen to them with new eyes and ears, knowing what she knew when she spoke. What extraordinary strength!

And I hope CB fights for Baby K like a mama bear, as KB surely would have and intended to. moo

 

[steeltowngirl]

I agree with you. I don’t even believe KB would have used that as a security question because my opinion is she wouldn’t think of him as a “spouse”.

I envision PF mentioning the spouse security question to CB in a snarky manner. To emphasize how HE didn’t think of himself as KB’s “spouse”, so therefore he couldn’t possibly know the answer to where she “met her spouse”. Pure speculation by me.