CO CO - Kelsey Berreth, 29, Woodland Park, Teller County, 22 Nov 2018 - #47 *ARREST*

[UnicornDragon]

I just can't imagine this need for privacy and secrecy, and I tend to be imaginative.

Nebraska Forensics Chief Convicted of Evidence Tampering - Innocence Project

Tampering at the crime scene, but if it's happened once, it's possible to happen again and at other locations. Defense has every reason to request full access to testing.

 

[Artis]

Yes, she did. And KKL totally set herself up for LE (and public) scrutiny by making those trips and cleaning up the crime scene. Unbelievably stupid. I've probably used the word "stupid" 10,000 times since this horrible, tragic, avoidable crime occurred, but really. At what point do you say to yourself, "This could get me in a whole lot of trouble?" Do you really think LE is not going to find you and start asking questions? MOO

Only someone without conscience and a complete disregard for the boundaries of others (Kelsey) could do it.

 

[Artis]

What's up with PF suddenly trying to claim Baby K has his last name? Hasn't it been written as K. Berreth in every other official document so far?

(PS: If PF thinks she is going to want his last name when she grows up after he murdered her mother, he is beyond delusional. I hope she already has her mom's surname on her birth certificate to save her the trouble of having to have her name legally changed. MOO.)

To me, that's an indicator of the Frazee's seeing baby K as theirs and in their clan.

 

[Dave F.]

It's very mysterious.
Is it the actual item that may be destroyed after testing or just the DNA evidence on the item? Did they specify which?

Think about it for just a second. If they find a minute drop of blood on the cinammon rolls, and they want to test for the victim's DNA, is it the drop of blood, or the whole batch of rolls that might be destroyed by testing? IMO

 

[Mom24]

Yeah, I'm going to have to use the online thesaurus more often, LOL.

WRT KKL, I just keep thinking of all the red flags she blatantly ignored along the path to self-destruction and all of the opportunities she had to back out and run.
1. Finding out that her "boyfriend" had a fiancée and a child with her.
2. Boyfriend's fiancé tells her that KB is a horrible mother who abuses their child. She accepts this ridiculous lie at face value.
3. Her "boyfriend" asks her to kill his fiancée by poisoning her coffee.
4. Her "boyfriend" asks her to kill his fiancée the second time by striking her with a metal rod.
5. Her "boyfriend" asks her to kill his fiancée the third time by striking her with a baseball bat.
6. Her "boyfriend" asks her to clean up the mess he made by actually killing his fiancée.
7. She drove down to clean up the mess, and could have turned back.
8. On her way back from cleaning up the mess, she could have called LE.
9. When she got back to ID with KB's phone, she could have taken it to the police station.

That's nine, and I probably missed some. So many opportunities to not get involved in this horror. MOO

For the record, I don't believe PF told KK that KB was an abusive parent. I believe that was a story the two of them cooked up together to tell people and part of a story they thought would give them a reason to kill KB. I also don't believe PF forced or attempted to force KK to kill KB, I think they had planned those things as a team as well, but I do believe that KK lost her nerve to kill someone.

 

[scaredtopost]

I don't notice the cameras in this photo... Dec 10

What about the two objects above the window closest to the house number?
Thanks again for posting these @mustloveco
JMO, MOO, etc

 

[Artis]

You are completely right about how KKL is going to present to the jury, but it's going to be PF on trial, not KKL. The threshold of proof for solicitation is lower than that for Murder In The First Degree, and her degree of participation doesn't affect his charge. The important elements are that he asked her to commit a murder, and that the murder was later committed. They are two separate elements of the one crime, and do not have to mesh nicely together. IMO

Why would the burden of proof on a solicitation charge be any different than any other? It still requires evidence to prove beyond a reasonable doubt and her, making that claim, in light of her own admitted trips to kill Kelsey, could easily be disbelieved. Is solicitation not a separate charge on which he could be found not guilty while still be convicted of the murder?

 

[susiQ]

There was at least one mistake on the affidavit; the date on which KKL and CL divorced (according to court records).

Yes, and another error was in 35.

"She then stated that she was actually at Frazee's residence in Colorado on Saturday, November 24th, 2019 from approximately 9am-4pm to look at a horse, and arrived back home in Utah on Sunday, November 25, 2018 around 10:30am or 11:00am after driving during the night."

She lives in Idaho

 

[Seattle1]

This article doesn't really make a lot of sense, as it appears to combine the child custody case in Cripple Creek and the federal lawsuit in Denver. I suspect it is just the opening filings in the "right to file at all" question in the Denver Federal Court. This is the first public mention of the Conservator Marcie McMinimee, who actually has legal custody of the child at this time. CB has Temporary Physical Custody.
Marcie R. McMinimee
Marcie R. McMinimee

I agree the DP article is likely in error by including and/or referencing the child custody case status (sealed), with the initial wrongful death lawsuit, amended complaint, and subsequent motions regarding the same. Denver Federal Court however is appropriate jurisdiction for the Berreth's claim as non residents. I believe we will be seeing an updated/corrected DP story soon.

 

[Dave F.]

Why would the burden of proof on a solicitation charge be any different than any other? It still requires evidence to prove beyond a reasonable doubt and her, making that claim, in light of her own admitted trips to kill Kelsey, could easily be disbelieved. Is solicitation not a separate charge on which he could be found not guilty while still be convicted of the murder?

I don't even know where to begin, but suggest reading this:
Colorado’s "Criminal Solicitation" Laws (18-2-301 C.R.S.)

 

[susiQ]

Yeah, I'm going to have to use the online thesaurus more often, LOL.

WRT KKL, I just keep thinking of all the red flags she blatantly ignored along the path to self-destruction and all of the opportunities she had to back out and run.
1. Finding out that her "boyfriend" had a fiancée and a child with her.
2. Boyfriend's fiancé tells her that KB is a horrible mother who abuses their child. She accepts this ridiculous lie at face value.
3. Her "boyfriend" asks her to kill his fiancée by poisoning her coffee.
4. Her "boyfriend" asks her to kill his fiancée the second time by striking her with a metal rod.
5. Her "boyfriend" asks her to kill his fiancée the third time by striking her with a baseball bat.
6. Her "boyfriend" asks her to clean up the mess he made by actually killing his fiancée.
7. She drove down to clean up the mess, and could have turned back.
8. On her way back from cleaning up the mess, she could have called LE.
9. When she got back to ID with KB's phone, she could have taken it to the police station.

That's nine, and I probably missed some. So many opportunities to not get involved in this horror. MOO

I definitely see your point with this list, but these points are exactly what tells me she was NOT solicited. She was a willing participant throughout, all she lacked, in my opinion, was the stomach to actually do the despicable deed. And perhaps, there was a little spark somewhere in that miniscule brain of hers that wondered, "well, what IF I get caught?" This woman has no conscience or she would have done the right thing and tried to stop it and if she didn't succeed at that, she could have saved herself the trouble of all that driving and cleaning by calling LE the minute that useless piece of skin called her to tell her SHE had a mess to clean up. JMO

 

[ilovechili]

Yeah, I agree. There’s really no motivation for him to plead guilty. His attorneys are free, although I don’t know what his costs are for testing, but I doubt he’s worried about that.

To me, he is an unfeeling psycho — kind of dead and zombie-like (there’s no life in his eyes). He doesn’t care if he drags his family through court for months or longer and of course doesn’t care at all about KB’s family. He is not capable of love.

I don’t believe he cares that much about the baby, either (except possibly as a possession). SF or other family members are likely the driving force in the custody battle. I won’t go there about my opinions of the child living in the same environment where he grew up, but it makes me shiver.

MOO

Agree totally. Other than anger, I have seen no hint of a human emotion in him.

 

[GordianKnot]

Elsewhere on the internets I have seen the exact questions and arguments raised as here. People HATE KK and the plea deal, too.

By the time this trial's over, though, hopefully everyone's revulsion for KK and her sweetie beauty of a plea deal will simply pale in comparison to their overwhelming feelings of loathing for PF.

We can never lose sight of this essential fact: PF swung the bat.

PF violently, viciously murdered KB, with their infant daughter in the home at the time.

By the time Dan May gets done recreating PF's bloody battering of KB, everybody's righteous fury will be squarely directed at the evil, malevolent automaton who killed KB with his own hands.

He isn't even human.

JMO.

 

[Artis]

I don't notice the cameras in this photo... Dec 10

Wow, that's a much better photo of their two doors. Obviously, pre camera installation. Looking at it directly, like that, I'm surprised the neighbors cam picked up anything at Kelsey's door.

 

[MsBetsy]

I'm wondering if they found something in the plastic balls from the fire that may need testing and testing it would destroy the evidence. Moo

I wondered about those balls of plastic too. There have been studies done that show that fire does not completely destroy DNA evidence. But I don't know whether it makes a difference depending on how long or how hot the fire gets. Three hours is a long time. Imo

 

[Artis]

Could it be his DNA they are testing or is it definitely hers?

Don't know.

 

[ilovechili]

There was at least one mistake on the affidavit; the date on which KKL and CL divorced (according to court records).

They also made a remark that she went home to "Utah". Probably none of these things a big deal but it is a major nationally known case...

Not knocking, just saying I would think there would be an attempt for overboard accuracy.

No expert though...

 

[susiQ]

I'm in the he pleads not guilty camp and I hope that KK's testimony enrages him so much that he disregards atty advice and demands to testify.

I agree he'll plead "not guilty". He's got nothing to lose on that count and will doubtless derive some pleasure watching his state paid for attorney making KK look like the liar she is.

I think seeing him testify, is wishful thinking on our part

 

[TDoc72]

I was wondering when those darn cinnamon rolls were going to come up again

I wonder if they are rotting in the evidence room. And how nasty they’d be by trial time.

If he does get off, I don't see how the courts could refuse him custody of Baby K. SF wants Baby K in the Frazee family.

This is the only reason I support her extremely forgiving plea deal. I worry about that baby.

 

[susiQ]

I wonder if they are rotting in the evidence room. And how nasty they’d be by trial time.

This is the only reason I support her extremely forgiving plea deal. I worry about that baby.

Don't worry about the cinnamon rolls. They were likely rock hard by the time they took them from the condo. Remember, KK threw away the foil covering them.