Let's be clear here. SF came to court under a subpoena. It's was also very clear prosecution tried to call SF as it's
first witness in the preliminary hearing -- without any preface whatsoever, as some have alleged.
SF's attorney cited her 5th amendment right not to testify, judge removed her from courtroom, and hearing continued without delay.
Only later, after lunch, and off the record discussion, did Judge Sells inform the court that he was upholding his decision to free SF of her subpoena-- which meant she did not have to testify at PF's preliminary hearing because Judge believed others could provide similar information about
"when PF arrived for dinner on Thanksgiving, the well being of baby K, and a steel rod that may have been recovered." ... and the
"burning incident."
How this translated to the DA being labeled "unethical" is seriously wrong. MOO
Courtroom updates: Preliminary hearing for Patrick Frazee, who is accused of killing Kelsey Berreth
Tuesday’s court appearance is a preliminary hearing, which means the prosecution will attempt to show the judge that there is enough evidence for the case to go to trial.
The prosecution tried to call Patrick Frazee's mother Sheila Frazee as its first witness, however, her attorney argued that she should not be compelled to testify, citing her Fifth Amendment rights. [bbm]
The judge ruled in favor of Sheila Frazee and she will not testify at this point, though he has asked that she leave the courtroom.
[...]
1:30 p.m -- COURT IS BACK IN SESSION AFTER LUNCH
Teller County Judge Scott Sells is upholding his decision to release Patrick Frazee’s mother from her subpoena, which means she will not have to testify against her son at his preliminary hearing.
Sells said prosecutors had wanted Sheila Frazee to testify about when her son arrived at Thanksgiving dinner the day Berreth disappeared, the well being of his child, and a steel rod that may have been recovered.
She was also expected to testify about what was referred to as a “burning incident” at Frazee’s home, according to Sells.
Sells said a preliminary hearing is not a time for this testimony, and that other witnesses can provide further similar information.