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Timeline - PART 2
(Dec. 12 , 2018 - Feb 26, 2019)
December 12, 2018 - Wednesday
Booking #: 18-02029
Case #: D602018CR330
Archonix XJail Public
Booking #: 18-02029
Case #: D602018CR330
Booking #: 18-02029
Case #: D602018CR330
Colorado Judicial Branch - Court Docket Search
COUNT 1 - MURDER IN THE FIRST DEGREE
On or about November 22, 2018, PATRICK FRAZEE unlawfully, feleniously, after deliberation, and with the intent to cause the death of a person other than himself, caused the death of Kelsey Berreth.
COUNT 2 - SOLICITATION TO COMMIT MURDER IN THE FIRST DEGREE
Between and including September 1, 2018 and November 1, 2018, PATRICK FRAZEE unlawfully and feloniously commanded, induced, entered, or otherwise attempted to persuade another person to commit the felony of murder in the first degree, with intent to promote or facilitate the commission of that crime and under circumstances strongly corroborative of that intent.
COUNT 3-MURDER IN THE FIRST DEGREE
On or about November 22, 2018, PATRICK FRAZEE unlawfully and feloniously, acting alone or with one or more persons, committed or attempted to commit Robbery and, in the course of or in furtherance of that crime, or in the immediate flight therefrom, the death of Kelsey Berreth, a person, other than one of the participants, was cause by anyone.
COUNT 4-SOLICITATION TO COMMIT MURDER IN THE FIRST DEGREE
Between and including September 1, 2018 and November 1, 2018, PATRICK FRAZEE unlawfully and feloniously commanded, induced, entered, or otherwise attempted to persuade another person to commit the felony of murder in the first degree, with intent to promote or facilitate the commission of that crime and under circumstances strongly corroborative of that intent.
COUNT 5-SOLICITATION TO COMMIT MURDER IN THE FIRST DEGREE
Between and including September 1, 2018 and November 1, 2018 PATRICK FRAZEE unlawfully and feloniously commanded, induced, entreated, or otherwise attempted to persuade another person to commit the felony of murder in the first degree, with intent to promote or facilitate the commission of that crime and under circumstances strongly corroborative of that intent.
January 3, 2019 - Thursday
Colorado Judicial Branch - Court Docket Search
January 4, 2019 - Friday
Booking #: 18-02029
Case #: D602018CR330
Colorado Judicial Branch - Court Docket Search
January 29, 2019 - Tuesday (VACATED)
Booking #: 18-02029
Case #: D602018CR330
Colorado Judicial Branch - Court Docket Search
February 4, 2019 - Monday
Colorado Judicial Branch - Court Docket Search
Colorado Judicial Branch
February 7, 2019 - Thursday
Colorado Judicial Branch - Court Docket Search
February 8, 2019 - Friday
Colorado Judicial Branch
February 15, 2019 - Friday
Civil Action No. 1:19-CV-00027-PAB
http://media.graytvinc.com/documents/Amended+complaint+vs+Patrick+Frazee.pdf
February 18, 2019 - Monday
Booking #: 18-02029
Case #: D602018CR330
Booking #: 18-02029
Case #: D602018CR330
Colorado Judicial Branch - Court Docket Search
(Dec. 12 , 2018 - Feb 26, 2019)
December 12, 2018 - Wednesday
- PF Attorney releases statement - PF is cooperating with investigators
- A document with a list of five people who could provide medical care for Baby K in the event PF was absent was dated and signed by PF on Dec. 12. (KB’s name is not on the list)
- Candlelight Vigil Held for KB
- Custody paperwork for KB found at PF property around Dec 13th. Paperwork was dated from August. There was NEVER a custody case filed.
- Investigators applied for, and were granted a search warrant for the residence of PF.
- Search Warrant Frazee Property/Residence
- FBI made first contact with KK on Dec. 14. This was a recorded phone interview. She was in Las Vegas with family & friends at the time, per Slater. They said KK wasn’t forthcoming with her relationship to PF, only calling it a business relationship that began in 2006.
- CL said after KK’s interview on Dec 14 she was very nervous when she talked to him about the phone call and finally told him that she had actually gone to Colorado to see a horse she and PF own together around Thanksgiving. CL also stated she thought someone “set her up.
- Slater said, KK told the FBI she came to Colorado to talk with PF about a horse that weekend. KK told the FBI agent that she didn’t know who KB was.
- At some point, investigators bring up the ping from KB’s phone in Idaho. She says she didn’t know. KK also refused to give release her phone records at that point.
- KK called Meghan and told her she was contacted by the FBI and they might ask her questions about KK borrowing her car. KK did not provide instructions on what she should.
- Twin Falls law enforcement was requested to help
- The search of PF’s property concludes Sunday night
- On Dec. 16, CBI and FBI flew to Idaho to interview KK. She said she wanted to cooperate.
- Rockstahl’s contacted LE stating KK told her friend (their employee) PF asked KK to kill the mother of his child
- KK was interviewed by Agents form the CBI and FBI at her residence. During the recorded interview KK stated she wanted to speak to her attorney before continuing to speak with investigators, but indicated she wanted to be cooperative.
- Five law enforcement vehicles seen leaving PF Property
- PF and 2 others made trip to a Waste Management Landfill. Witnesses say PF remained in a white pickup truck as the two other men, who drove in two separate cars, unloaded the a long trailer.
- Slater went to Idaho again to talk with KK with proof she lied to the FBI and about her knowledge of what happened. KK wouldn’t speak without her attorney present,
- KK invited Slater & another agent inside her home. They wanted to ask about the case. She wouldn’t talk without an attorney. Twin Falls PD arrested her to get buckle swabs. She was taken to the Twin Falls Police Department. Slater says he & another CBI agent stayed with her at Twin Falls PD until her aunt arrived. KB’s aunt took her to Boise to meet with an attorney. KK agreed to talk to police with an attorney on Dec. 20.
- LE at Kelsey’s Residence
- LE at Kelsey’s Residence
- KK agreed to an interview with her attorney present on Dec. 20, after reaching an agreement with the DA’s Office about her charges.
- KK flew to Colorado Springs and was interviewed on Dec 20 for 4 1/2 hours. Interview took place at the Colorado Springs Police Department. It was 4.5 hours long, recorded with video & audio. Slater says KK was somewhat jumbled on her timeline of events.
- KK told FBI she and PF met each other at a dude ranch in 2006. Slater says KK & PF reconnected in October 2017 talking about a fundraiser. KK came out to Colorado in March 2018 and started a intimate relationship with PF at that time. KK says she didn’t know about KB or Baby K.
- Slater: KK said PF would call her with questions about medicine for Baby K since she’s a nurse. KK says PF called KB a terrible mother, who used drugs and alcohol, was physically abusive toward Baby K. KK said PF cited examples. One example: Baby K returned to PF’s custody with burns on the top & bottom of her hands. KB said it was from grabbing a curling iron. KK said that wouldn’t make sense. Another example claimed KB slammed Baby K’s hand in the fridge. Slater says his investigation revealed no sign of child abuse toward Baby K. CBI investigator Slater on stand says there are no police reports nor reports from human services regarding abuse.
- Krystal: PF was very concerned that KB was going to harm KB, potentially kill her. KK says PF told her that he wanted her to get rid of Kelsey. She took that as kill KB.
- PF told KK he wanted her to "get rid of KB.” He told KK she should poison KB’s coffee. KK told PF she had access to drugs that could do that
- Slater: KK said PF asked her to poison KB’s macchiato as a way to “get rid of her.”
- PF suggested KK taint a caramel macchiato from Starbucks with ambient or other narcotics to kill KB. KK said she carried some of those drugs as a nurse.
- Slater says KK admitted to him that they never followed through with tainting KB’s coffee.
- KK tells CBI that PF suggested Krystal put paint in KBs coffee to “get rid” of her.
- Why she helped? KK wanted to please PF and feared retaliatory action from PF toward her own child. per Slater.
- KK told Slater that she loved him and feared for her life and family's life. KK said PF told her, "One day your daughter can be playing on the playground and the next she can be gone.”
- KK claimed she did all this out of fear of PF. KK said she was worried that he had people watching her, like he claimed he had people watching
- Arrested- 1st Degree murder and Solicitation of Murder
Booking #: 18-02029
Case #: D602018CR330
Archonix XJail Public
- Press Conference 10am MST
- LE at Kelsey’s Residence
- PF - Hearing on Advisement - 3:30pm
Booking #: 18-02029
Case #: D602018CR330
- Vigil held for KB in Moses Lake, WA
- Slater says there was a second interview with KK at the Colorado Springs Police Department. This interview was much shorter, about 90 minutes. This was after law enforcement “went to some sites” with KK.
- The site visits: the Nash Ranch, KB’s townhome & back to the PF residence. Those were on Dec. 21, state says.
- They went to PF’s property first that day. KK showed investigators where the burn was. New exhibit (#12) is photo of aerial view with a pin indicating where the burn area was.
- On PF’s property investigators found two black totes which KK said resembled the one KB’s body was in.
- Slater says Arson Investigator Jerry Meams came to the PF property that day. They excavated the area & found charred clumps of plastic. A test revealed there was accelerant in the debris.
- When interviewing KK, Slater says she did not know KB’s phone also pinged near Grand Junction & Salt Lake.
- Slater says he could see the film residue on hard surfaces like the television, couch and other tabletops — the same areas K wiped down when she cleaned up.
- Slater says CBI agents were able to find areas where blood remained. That includes the fireplace and a nearby wall with a light switch. Again, that matches KK’s story. Slater says testing on those samples isn’t complete yet
- Slater says KK walked the FBI and CBI through KB’s townhome and explained what the crime scene looked like.
- Slater says suspected blood splatter was found underneath some chairs. Another photo includes floor boards that have suspected blood splatter between the tongue & grooves. Wasn’t visible to investigators until the floor was pulled up.
- Twin Falls, ID Police Department issued statement they are working with CBI and FBI to prepare and serve several search warrants, including processing items of possible evidence with the assistance of the Twin Falls County and Twin Falls Evidence Technicians.
- Temporary Custody Hearing - 1pm
- Court granted a Temporary Emergency Custody Order made by Teller County Department of Human Services (TCDHS) placing the minor child in the temporary physical custody of maternal grandparents and legal custody of TCDHS. The court continued the temporary custody of the minor child with maternal grandparents. The court postponed a final decision after Frazee’s mother, the girl’s grandmother, filed a motion in the custody case and the case is continued for a pre-trial conference
- PF - First Appearance - 9am
Booking #: 18-02029
Case #: D602018CR330
Colorado Judicial Branch - Court Docket Search
COUNT 1 - MURDER IN THE FIRST DEGREE
On or about November 22, 2018, PATRICK FRAZEE unlawfully, feleniously, after deliberation, and with the intent to cause the death of a person other than himself, caused the death of Kelsey Berreth.
COUNT 2 - SOLICITATION TO COMMIT MURDER IN THE FIRST DEGREE
Between and including September 1, 2018 and November 1, 2018, PATRICK FRAZEE unlawfully and feloniously commanded, induced, entered, or otherwise attempted to persuade another person to commit the felony of murder in the first degree, with intent to promote or facilitate the commission of that crime and under circumstances strongly corroborative of that intent.
COUNT 3-MURDER IN THE FIRST DEGREE
On or about November 22, 2018, PATRICK FRAZEE unlawfully and feloniously, acting alone or with one or more persons, committed or attempted to commit Robbery and, in the course of or in furtherance of that crime, or in the immediate flight therefrom, the death of Kelsey Berreth, a person, other than one of the participants, was cause by anyone.
COUNT 4-SOLICITATION TO COMMIT MURDER IN THE FIRST DEGREE
Between and including September 1, 2018 and November 1, 2018, PATRICK FRAZEE unlawfully and feloniously commanded, induced, entered, or otherwise attempted to persuade another person to commit the felony of murder in the first degree, with intent to promote or facilitate the commission of that crime and under circumstances strongly corroborative of that intent.
COUNT 5-SOLICITATION TO COMMIT MURDER IN THE FIRST DEGREE
Between and including September 1, 2018 and November 1, 2018 PATRICK FRAZEE unlawfully and feloniously commanded, induced, entreated, or otherwise attempted to persuade another person to commit the felony of murder in the first degree, with intent to promote or facilitate the commission of that crime and under circumstances strongly corroborative of that intent.
January 3, 2019 - Thursday
- Temporary Custody Hearing Continued - 8:30am
Colorado Judicial Branch - Court Docket Search
January 4, 2019 - Friday
- PF - Motions Hearing - 1:30pm
Booking #: 18-02029
Case #: D602018CR330
Colorado Judicial Branch - Court Docket Search
- Discuss how to process an unknown piece of evidence, and whether Frazee and his defense can have access to the arrest affidavit.
- KB’s parents file civil suit against PF
- The civil suit accuses Frazee of wrongful death, negligence per se, conspiracy, and infliction of emotional distress. The documents allege Frazee either committed and/or collaborated in Kelsey's murder. The suit also accuses Frazee of inflicting physical, mental, and emotional acts of violence on Kelsey prior to her death. The Berreths claim that Frazee's "extreme and outrageous conduct" has caused them emotional distress exceeding $75,000.
- PF - motion filed to dismiss wrongful death lawsuit
January 29, 2019 - Tuesday (VACATED)
- PF - Preliminary Hearing - 9am
Booking #: 18-02029
Case #: D602018CR330
Colorado Judicial Branch - Court Docket Search
February 4, 2019 - Monday
- Nurse KK - Teller County charged KK with 1 Felony Count Tampering with Physical Evidence
Colorado Judicial Branch - Court Docket Search
Colorado Judicial Branch
February 7, 2019 - Thursday
- Pre-Trial Conference (Custody) - 8:30am
Colorado Judicial Branch - Court Docket Search
- KK - Received a Summons of Class 6 Felony tampering with physical evidence
February 8, 2019 - Friday
- Nurse KK Advisement Hearing 8:30am - Teller County
- 1 Felony Count Tampering with Physical Evidence
- KK pleads guilty - Felony tampering with physical evidence, deferred hearing until after PF’s murder trial. Prosecutors requiring KK to cooperate fully in PF’s murder trial. She is prohibited from speaking with press under plea. Prosecution wants plea papers kept from public. Judge grants motion. Review hearing schedule for June 24th at 11 am and every 90 days or so after. KK is allowed to appear for review hearings by phone until closer to sentencing. As part of the plea deal KK is required to cooperate, testify and have no communication with the press. KK stated she learned PF committed homicide on or about November 22nd in Teller County and she moved KB’s cell phone with intent to impair the phones availability of it in Teller County on November 24th or 25th, 2018.
Colorado Judicial Branch
February 15, 2019 - Friday
- Amended Civil Action Complaint Filed
Civil Action No. 1:19-CV-00027-PAB
http://media.graytvinc.com/documents/Amended+complaint+vs+Patrick+Frazee.pdf
February 18, 2019 - Monday
- PF - added three counts : one tampering with evidence and two for a crime of violence
Booking #: 18-02029
Case #: D602018CR330
- Just before 5 p.m., the state amended their complaint. New counts have been added against PF. One count is tampering with a deceased body and two for a crime of violence. That’s 8 total counts for PF
- PF - Preliminary Hearing - 9am
Booking #: 18-02029
Case #: D602018CR330
Colorado Judicial Branch - Court Docket Search
- Judge Scott Sells has ordered all witnesses be sequestered meaning they won’t be allowed in the courtroom until they take the stand.
- The state asked for a written sequestration order.
- One witness is a Woodland Park Police officer and the state has endorsed Michael Dalton as a witness too.
- State is prepared to go forward. Two witnesses today are Adams with WPPD and Greg Slater with CBI Colorado.
- Defense also has a pair of witnesses, SF and Adam Steigerwalk.
- State’s first witness called is SF, PF’s mother. Her attorney, Joshua Tolini, stands and objects, citing 5th Amendment. Says prosecution hasn't demonstrated she has any involvement.
- She refuses to answer questions. DA Dan May says he has a right to call & ask questions, saying she has to have good faith basis for the process
- Defense doesn’t have an opinion either way. SF’s attorney says he’s never seen this come up in a preliminary hearing. May says she has relevant evidence to this case (motive, certain dates when KK was here).
- May says SF knows about a defendant showing up to her house on Thanksgiving. Assuming that’s KK, since PF lives with SF.
- Judge Scott Sells rules in favor of SF’s refusal of testimony. Due to the sequestration order, she’ll have to exit the courtroom for the remainder of today’s hearing. But May is still pleading his case.
- SF will not be made to testify, judge rules, citing attorney's representation she would invoke the 5th.
- Adams says there was no video/photos to show KK entered KBs townhome. He says a utilities worker & a friend of PF’s showed up on surveillance. Adams said the friend was there to pick up a package.
- Now talking about neighbor surveillance. It can see access to the only entrance to KB’s townhome. Adams says there are other photos of PF that day, but couldn’t tell if he’s coming or going. He’s wearing a white t-shirt & ball cap
- Adams says they would’ve known if PF’s clothing was blood-stained. When asked how many photos there are of PF leaving with a black tote, Adams says none.
- Adams says PF used KB’s computer. He checked if she booked flights & then got into her Facebook. Adams says he changed her password to access the account without permission
- State now questioning again. The neighbor’s surveillance is through Arlo. Neighbor has the free plan, which has 7 days of storage. Arlo uses a motion sensor to alert the owner. Owner gets an email & quick snapshot of it.
- Focus now is on Doss Aviation. Slater says CBI went to Doss Aviation & met with a number of people, including KB’s supervisor Ron (no last name given).
- PF wanted KK to take the remains to Idaho. KK refused. PF said, “we’re finishing this.” So, at PF’s direction, KK texts CB from KB’s phone saying she’d call her tomorrow. SF had Baby K.
- Slater says a cadaver dog was brought to Nash Ranch eventually. It alerted to the specific discolored hay bale when positioned both underneath and above it.
- May says SF recovered a steal rod that will tie to more details about solicitation, witnessed the destruction of evidence by way of fire & burning. He’s pleading his case again for her testimony
- The judge is now asking District Attorney Dan May why PF’s mother should testify. May says she will provide a motive as to why PF is behind KB’s disappearance and that his mother saw them destroy evidence.
- May asks if SF witnessing PF burning the black tote would equate her conspiring in the crime.
- May referenced PF’s communication with an attorney in August 2018 about potential action for custody. May says SF had documents on that, which he says help explain the motive.
- DA Dan May says KK witnessed burning of evidence and that PF directed her to lie about KB in campaign to make her seem a bad mother.
- DA Dan May states that PF’s mom, SF, saw the “burning of the black tote” implying KB’s body was burned after she was murdered and that the body was in the tote. Judge will decide whether or not SF will testify after lunch.
- May says he knows about the fire by way of KK. He says SF could establish directly what was happening.
- SF is going before the judge as a witness. She is exercising her right to remain silent at the advisement of counsel.
- State wants to ask SF about the phone call on Nov. 22 from PF, witnessing the burn, and more. Judge reviewed the case law citations. He says this is not the time & place for SF’s testimony.
- Judge Sells says he thinks the evidence the state seeks from SF can be presented from other witnesses. She’s still sequestered, so not allowed in the courtroom.
- Slater says he wasn’t involved in the search & processing of PF’s truck. Defense asks if he’s aware no blood or other signs of human decomposition were found inside the truck. Slater said no — but that he believed the cadaver dog wasn’t run by the truck
- Defense now focused on Slater’s conversation with the KB’s parents. Defense pointing out CB didn’t reach out to KB for about a week, between Nov. 25 and Dec. 2.
- Defense asks Slater if PF alluded to not wanting to give Kelsey her gun back. Slater confirms.
- Now shifting to cell phone data. Defense asking if he knows anything about the number of cell towers in the area. Slater says he does not.
- Defense asks if Slater was the one to ask PF to meet on Dec. 4, when they eventually met in Colorado Springs. Slater said no, it was Agent Torres, and that there was an agreement to meet at a Five Guys restaurant.
- In that meeting — Defense says Patrick talked to his brother Sean before talking to investigators. He then said he’d give a statement, but wanted to talk to an attorney
- Talking about KB’s admittance to a depression clinic. Kelsey was diagnosed with severe, non-suicidal depression. Defense asks if she lied, knowing she told Doss she had chronic fatigue. Slater said no, they were related.
- Defense asking if Slater was involved in discussion with KK’s estranged husband. Defense says he didn’t know much about PF. Same goes for KK’s dad, who didn’t notice anything different on Thanksgiving Day when he was with KK.
- Defense now asking about KK’s Aunt Kristi. She was with KK during her trip to Las Vegas & didn’t notice odd behavior. Kristi, per Slater, was unaware of KK’s relationship with PF and KB’s disappearance.
- Defense now moving to KK’s recorded phone interview on Dec. 14 in Las Vegas. She denied knowing about KB & denied having a personal relationship with PF.
- At some point, investigators bring up the ping from KB’s phone in Idaho. She says she didn’t know. KK also refused to give release her phone records at that point
- They then went to KK’s home on Dec. 18 with proof she lied to the FBI and about her knowledge of what happened. KK wouldn’t speak without her attorney present, which then happened on Dec. 20 after reaching an agreement with the DA’s Office about her charges.
- Defense pointing out fact that PF never blatantly said he wanted KK to kill KB. Slater agrees. KK felt like PF was just “pulling her chain”. KK is the one who suggested putting ambien in the macchiato.
- KK held out and did not cooperate with authorities until the the day before PF arrested or 12/21. And only with a deal in place.
- Slater confirming KK brought an aluminum bat the third time, which he agrees (with the defense) was the closest she came to committing the crime. Defense points out she didn’t once warm KB about what was happening.
- Defense points out KK said she didn’t think Kelsey was abusing Baby K, but still drove to KB’s townhome on multiple occasions to try to kill KB.
- It was KK who tried establishing rapport & gave her the number to the burner phone on the Sept. 23 visit. KK destroyed that phone & actually got another burner phone before her Oct. 15 visit to KB’s home, defense & Slater agree.
- Defense adds KK used towels to cover a window above the sink, which is on the same wall as the front door to KB’s townhome. Defense going through KK’s clean-up efforts.
- KK destroyed first burner phone in Breckenridge, and 2nd burner phone destroyed in a fire at KK Idaho home together with KB's real phone. KB reportedly disposed the phone ash/remnants at her workplace.
- In cross examination, PF‘s attorney is asking lots of questions about why KK never told anyone about the murder even after she saw the “horrific crime scene”. Reminder: KK has plead guilty to moving KB‘s cellphone but not attempted murder.
- Under cross-x by PF’s attorney, CBI agent Slater says KK told him she came closest to attacking KB as she sat outside her home with a baseball bat. But after driving to Woodland Park from Idaho, she left when she heard a dog bark
- KK said she believed the couple’s daughter was in danger under KB’s care and that she “couldn’t live with herself if something happened” to the child
- Defense acknowledging KK deliberately throwing off law enforcement with the cell phone. Slater says that was at PF’s direction.
- Defense asking about KK’s view of PF. Slater says PF was KK’s first love & that she still loved him. This was taken from interviews with her.
- Slater says that KK had a relationship with PF and that some of her friends knew. Most family members didn’t.
- Again, KK never saw KB’s body. She never noticed an odor at the ranch or at PF’s residence. KK went as far as to remove the IDs from KB’s wallet to ensure they’d burn.
- There were no reported sightings of PF at Nash Ranch between Nov. 22-24. Slater says no.
- Slater confirms that nothing taken from KB’s town home was found in PF’s possession.
- Slater also agrees that no one saw PF removing tote with body from house or seeing KK take out trash bags.
- State asks about KK’s details given regarding her cleaning up KB’s townhome. Slater says she was very detailed & that’s it’s obvious KK has been inside that townhome.
- State reiterates that testing of certain possible blood spots, which KK pointed out, is not complete yet. But he touts his 30+ years in law enforcement to say he believes those spots are indeed blood.
- KK told investigators PF asked her to kill KB three different times. Once by poison, twice by beating.
- State asking Slater about Michelle Stein, a friend of KK’s and former paralegal in Idaho. Michelle, per Slater, was told what happened by KK and she said “she’s done with Patrick.” Slater says Michelle told KK she needed to tell someone.
- In court: PF’s defense team questions CBI agent about lack of blood in PF’s truck, no signs of him going into her condo with a bat and no one who saw that KK was at condo on 11-24.
- Defense to Slater: Was PF angry his plan did not come to fruition? Yes.
- Defense to Slater: PF tells KK to bring a bat and instructs her how to use the bat.
- Slater says KK smelled gasoline and oil when PF was allegedly burning KB’s body at his home.
- State is going through details now on facts they’ve provided through previous testimony, emphasizing PF’s instructions to KK to kill KB.
- According to testimony PF left the murder scene and then went to have Thanksgiving dinner with his family. Later, he allegedly returned to collect KB’s body and burned it.
- Stiegerwald asked the court to review the third count, felony murder tied to robbery, and suggests the judge review evidence presented today to toss that count out.
- State replies that the sequence of events is irrelevant. Defense argued the theft took place after the alleged murder. Again, state says that doesn’t matter. Defense now citing case law
- Judge, citing statutes for proof evident presumption great hearing, says the people have established probable cause in both first-degree murder counts. Same for all three solicitation counts.
- Judge finds proof evident for tampering with evidence too. He’ll be held without bond. Judge asked defense to set trial or arraignment. Defense asks for arraignment, saying the DA’s Office just emailed 3,300 pages of discovery to him.
- Judge rules, PF will face trial on suspicion of 1st-degree murder and solicitation of murder in apparent beating death of KB.
- Judge now addressing motions to unseal the arrest (probable cause) affidavit.
- DA Dan May says he has no objection to releasing any of the search or arrest warrants after talking with law enforcement.
- May says there were 32 search warrants in conversation with the defense.
- Defense still wants it sealed & would like the media to talk with the defense before requesting future motions.
- Judge ruled to release the arrest warrant, but deferred judgment on the entire docket. Should be released later today or tomorrow — they need time to redact
- Judge Sells admits he hasn’t reviewed all search warrants, so he will not release those yet
- State now bringing up its motion for consumptive testing (first brought back on Dec. 31). Defense says it’s not ready to address that. Judge set that for a separate legal argument hearing on March 4 at 8:30 a.m.
- Defense asks court to amend order limiting contact from PF to Baby F. They’re asking for the court to address it moving forward. Judge agrees.
- Authorities are planning to search the Midway Landfill in Fountain, CO for KB’s remains. (Whatever is collected at the Waste Management (WM) site in Divide is trucked daily to the WM landfill in Fountain).
- Investigators have reportedly narrowed in on a “target” area in the landfill that includes 4,320 cubic yards of trash.
- Adams reportedly said that 30 to 40 people from multiple local and state agencies will aid in the search of Midway Landfill in Fountain, Colorado. The search will not involve cadaver dogs.
- When asked why there was an apparent delay in the start of the search, Adams told the KOAA reporter that investigators had been working to corroborate KK’s story and seek outside help experts more experienced in landfill searches.
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