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

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  • #881
I know. I think what he told KKL to get her to come down and take the phone was a lot different than the actual truth.
 
  • #882
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].

Designated beneficiary could be tied to the town house Berreth LLC I think that's what it's called. Correct me if needed please.
 
  • #883
Everyone has pretty much stated the horror and sadness I felt reading the amendment to the civil suit, but the mention of PF admitting to having her keys and gun was especially interesting to me. Having her keys and her being on his phone plan certainly makes it seem they were in a relationship leading up to Thanksgiving. To me, this proves that PFs statement to a friend they broke up in January 2018 is untrue. You would not keep those things if you were broken up.

The gun to me just goes along with him not wanting to give her a chance to defend herself against the attack he started planning in September. MOO
 
  • #884
  • #885
Hi All, long-time follower, first-time poster... I was close to replying a few times, but knew I would get sucked in further if I did... Anyhow, today is the day... I am a Psych NP, with passion for suicide prevention, and researched the above mentioned case. I don't know any additional info other than what's in the media, but do want to share that she unfortunately had a lot of VERY significant suicide risk factors including the presence of a mood disorder (and anxiety, and insomnia), likely being off her mood stabilizer, a very significant family history of suicide, and likely alcohol in her system. This can be the perfect storm... Alcohol disinhibits and often is the one factor that makes the difference between a person making it through a suicidal crisis without acting on it or not. In other words, having alcohol in the system is like taking the foot off the break so thoughts turn into deeds. An impulsive moment is all that it takes unfortunately and being off medications and with alcohol..... OK, I could go on an on an on. What I read about this case, leads me to think it was a suicide as well and justice was done, but like I said, I may not be aware of information others are.

Anyhow, I feel this case is completely different and both PF and KK look very very very guilty and I can't wait for justice for Kelsey! Kelsey and her family have been on my mind every single day!!!

I hope I didn't rerail the discussion. If I did, please delete.

Great post, I’m new-ish too, so I’m glad the link inspired you to brave making that first post. And I am glad to hear that the two cases and circumstances seem far different from one another, and that the type of defense angle used in the Fallis case would be very unlikely to be appropriate or to present itself in this case.

Seconding the shout-out of Welcome to Websleuths!
 
  • #886
Designated beneficiary could be tied to the town house Berreth LLC I think that's what it's called. Correct me if needed please.
A Colorado designated beneficiary must be unmarried. The law is intended to give some of the rights of marriage to unmarried persons, ie long term gay couples who could not legally marry at the time.

Same-Sex Marriage Historic Developments

(In 2006, CO voters passed Amendment 43 defining marriage as between a man and a woman. Federal law has since overturned these prohibitive laws. More history at link.)

"...In 2009, Colorado enacted HB 1260, the Colorado Designated Beneficiary Act, codified at C.R.S. 15-22-101,et seq. It was a first, baby step to give a few of the rights of marriage to unmarried couples, including same-sex couples, but fell far short of the full protections of marriage.

In essence, the law provided for a super-charged power of attorney, providing that a couple could enter into a Designated Beneficiary Agreement, and under C.R.S. 15-22-105 have some basic rights: ..."


CB and DB do not qualify as CO designated beneficiaries of KB.
 
  • #887
Does anyone know if KB’s firearm is now in the possession of LE?

MOO, but I’d say it’s not. I suspect it’s still missing, just like her keys and purse. (And perhaps even her phone. I still haven’t heard that it’s officially been recovered, only that KKL admits she moved it.)

Which then makes me wonder if maybe her body is not in the landfill at all but was instead “staged” in the wilderness somewhere so that, if it were ever found, it might appear to have been a suicide. Hmm...

I guess we’ll find out soon enough when we learn what the townhouse evidence of her demise actually is. And where the motivation to search the landfill came from. Etc., etc. PF certainly seems to have followed through on a half-baked plan, for sure. I’m also sure he thought it was airtight. ...SMDH...

All of the above is MOO, as always...
 
  • #888
Yes. It's day we've been told that PF claimed to have received a text from Kelsey (but we were never told it what it said) and the day the text to Doss was sent. Looks like couldn't keep his lies straight.
German proverb: Lies have short legs :)
 
  • #889
Please could someone give me the low-down about what to expect on 19th? I’m not so familiar with the US justice system.

Which players are likely be in court? What’s the least we can expect to find out and what is the most?

Thanks!
 
  • #890
Please could someone give me the low-down about what to expect on 19th? I’m not so familiar with the US justice system.

Which players are likely be in court? What’s the least we can expect to find out and what is the most?

Thanks!
The prosecution team will be there as well as PF and his defense team. The prosecution will lay our their probable cause to the judge, what lead them to arrest PF. This is the information that has been sealed that we are all waiting to hear...what evidence that they found (so far) that gave them probable cause to arrest PF. The judge will then rule if the prosecution has proved to proceed. The judge has said that he will make a ruling after this hearing about unsealing the docs. There will be reporters there tweeting what is going on in the courtroom, so we will at least get information from there. If (hopefully) the probable cause affidavit is unsealed, this will have the most information.
Hope that helps.
 
  • #891
Court filing reveals possible motive for Kelsey Berreth killing; friends saw Patrick Frazee as doting father and hard-working rancher

Contrary to what has been reported, Cline said Frazee was the primary caretaker of the couple's baby, Kaylee, who is now about 16 months old.

“He’s been raising the little girl since she was born,” Cline said. “Kelsey (Berreth) had visitation, and he had custody.”

GAG :oops:
RSBM
There's another lie PF told the C's. He told them that he and KB had broken up the year prior, but we know that's a lie. And now he's told them that he had full custody, which we also know is a lie. C might want to stop giving interviews because all he's doing is showing how easily PF manipulated those around him against KB. Kind of makes you wonder if he had solicited C for KB's demise.
 
  • #892
The prosecution team will be there as well as PF and his defense team. The prosecution will lay our their probable cause to the judge, what lead them to arrest PF. This is the information that has been sealed that we are all waiting to hear...what evidence that they found (so far) that gave them probable cause to arrest PF. The judge will then rule if the prosecution has proved to proceed. The judge has said that he will make a ruling after this hearing about unsealing the docs. There will be reporters there tweeting what is going on in the courtroom, so we will at least get information from there. If (hopefully) the probable cause affidavit is unsealed, this will have the most information.
Hope that helps.

Thank you, BUF. I’m guessing it’s highly unlikely (in any case, not just this one?) that there would not be sufficient proof to proceed. ie. the DA isn’t going to bring a case that doesn’t stand up.
 
  • #893
Thank you, BUF. I’m guessing it’s highly unlikely (in any case, not just this one?) that there would not be sufficient proof to proceed. ie. the DA isn’t going to bring a case that doesn’t stand up.
Yes, you are correct. Oh, they have enough on PF!
 
  • #894
With the recent info received, PF certainly has dug his hole: his lies are plentiful.
There should be more documents, which I hope we receive soon.
Surely PF's Defence, will advise this Creep to plead guilty, having further evidence and KK's involvement.
Hope this is round the corner.
MOO.
 
  • #895
That and saying that she didn't always return home directly after work, and that she would put her phone in "do not disturb" mode. Signs of a total control freak, IMHO.
It sounds to me like he was making a ridiculous attempt at explaining away why KB wasn't answering her phone or messages, not that he really wanted access. If it's true that he said KB might've changed her number/phone, he really is a bad liar. It would be incredibly far-fetched for KB to get a new number and not pass it along to her mum. MOO
 
  • #896
More on Colorado wrongful death:

Colorado Wrongful Death Lawyers | Bachus & Schanker Attorneys

"Who Can Bring A Wrongful Death Claim?
Colorado’s wrongful death law is found in the Colorado Revised Statues (C.R.S. 13-21-201 et.seq.) These laws specifically identify which family members are eligible to bring a wrongful death claim in Colorado and provide time limits for bringing these claims. In Colorado, the surviving spouse has the exclusive standing to bring a claim within the first year after the death, and both the surviving spouse and children have standing to bring a claim thereafter. If there is no spouse, then the children may bring a claim; if there is no spouse and no children, then and only then may the parents of the deceased bring a claim. In wrongful death cases in Colorado, there is a two year statute of limitation, meaning that a claim must be brought within two years of the death."

The Statute of Limitations for a Wrongful De - Guides - Avvo

"Who Can Bring a Claim of Wrongful Death

Colorado’s laws specify that the surviving spouse and the children of the victim can bring a wrongful death claim. The parents of the deceased person can file for a claim only if the deceased doesn’t have a spouse or children.

The spouse is entitled to bring the suit in the first year after death, and the spouse may provide written notice allowing the deceased's heirs to file the claim, too. If there is no spouse, then the heirs may bring the suit. In the second year, the spouse and/or heirs may bring the suit."

*

Every source says the same thing. As parents of the unmarried deceased person who left a minor child (heir), they have no standing to make a wrongful death claim on their own behalf.
 
  • #897
Could the following be PF's plan, all only MOO:
Could KB's gun have been used in the murder, and a bullet was found in the ceiling of her home, having brain matter around it, and ceiling?
This would account for reporting KB was murdered in her home, using ladders in their search.
Then KB's body was moved, in the direction of the phone pings, to stage a suicide, if/when the body is found: ie KB was heading to her grandmother's home.
KB's cars were left, to appear, KB traveled with a work colleague.
MOO.
 
  • #898
  • #899
  • #900
Exactly. I think CB found a way to control the narrative, and steal PF’s thunder. See we have an entire weekend to roll our eyes at how pathetic and little a man he is and when he rolls into court and tries to bring Kelsey down, CB has already taken the sting out.
BAM!!! Excellent post!!
 
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