CO CO - Kelsey Berreth, 29, Woodland Park, Teller County, 22 Nov 2018 - #53 *ARREST*

[Yellow Rose]

Sam Kraemer‏ @SamKraemerTV 17s17 seconds ago


Porter asks for statistics on how often a sample has been contaminated. Rogers says she doesn’t know. @KOAA #KelseyBerreth #PatrickFrazee #KrystalKenney

 

[Yellow Rose]

Lance Benzel‏ @lancebenzel 32s32 seconds ago


We still haven’t heard what this item is. Today’s hearing is an example of battles that will be fought over what evidence will be admissible if #PatrickFrazee goes to trial in October as scheduled. @csgazette #KelseyBerreth

 

[Yellow Rose]

Sam Kraemer‏ @SamKraemerTV 20s20 seconds ago


Porter asks for clarification. Rogers says the CBI Lab does not do mitochondrial testing. And again, if the lab determines the DNA extract can be split, the defense expert would be kicked out. @KOAA #KelseyBerreth #PatrickFrazee #KrystalKenney

 

[PommyMommy]

Lance Benzel on Twitter
We still haven’t heard what this item is. Today’s hearing is an example of battles that will be fought over what evidence will be admissible if #PatrickFrazee goes to trial in October as scheduled. @csgazette #KelseyBerreth
9:21 AM - 14 Jun 2019

Sam Kraemer on Twitter
Porter asks for clarification. Rogers says the CBI Lab does not do mitochondrial testing. And again, if the lab determines the DNA extract can be split, the defense expert would be kicked out. @KOAA #KelseyBerreth #PatrickFrazee #KrystalKenney
9:22 AM - 14 Jun 2019

Sam Kraemer on Twitter
Viehman now on redirect. She’s asking if the lab is verified, and Rogers says they are accredited (including meeting the FBI’s standards). One of the requirements for their accreditation is having a policy for consumptive testing. @KOAA #KelseyBerreth #PatrickFrazee
9:23 AM - 14 Jun 2019

 

[Yellow Rose]

Sam Kraemer‏ @SamKraemerTV 20s20 seconds ago


Viehman now on redirect. She’s asking if the lab is verified, and Rogers says they are accredited (including meeting the FBI’s standards). One of the requirements for their accreditation is having a policy for consumptive testing. @KOAA #KelseyBerreth #PatrickFrazee

 

[Yellow Rose]

Sam Kraemer‏ @SamKraemerTV 18s18 seconds ago


Sells now asking for clarification. He’s asking if the expert can watch the entirety of the process if it’s deemed to be consumptive. Rogers says just about. They can watch sample prep, DNA extract & quantification. @KOAA #KelseyBerreth #PatrickFrazee

 

[PommyMommy]

Sam Kraemer on Twitter
Sells now asking for clarification. He’s asking if the expert can watch the entirety of the process if it’s deemed to be consumptive. Rogers says just about. They can watch sample prep, DNA extract & quantification. @KOAA #KelseyBerreth #PatrickFrazee
9:24 AM - 14 Jun 2019

Sam Kraemer on Twitter
During quantification, if the DNA extract has enough quantity to be split, the expert is kicked out because the defense can then conduct its own test. If it is deemed consumptive, they can stay. @KOAA #KelseyBerreth #PatrickFrazee #KrystalKenney
9:26 AM - 14 Jun 2019

Sam Kraemer on Twitter
The testimomy is done. Viehman asks the court to allow this testing & that CBI can follow its own policies on this testing. @KOAA #KelseyBerreth #PatrickFrazee #KrystalKenney
9:26 AM - 14 Jun 2019

Ashley Franco on Twitter
Rogers is done testifying. There are no other witnesses. Prosecutors order that CBI should be allowed to test the evidence even if it is small enough the evidence would be destroyed during that testing. @KKTV11News #KelseyBerreth #PatrickFrazee
9:27 AM - 14 Jun 2019

 

[Yellow Rose]

Sam Kraemer‏ @SamKraemerTV 22s22 seconds ago


During quantification, if the DNA extract has enough quantity to be split, the expert is kicked out because the defense can then conduct its own test. If it is deemed consumptive, they can stay. @KOAA #KelseyBerreth #PatrickFrazee #KrystalKenney

 

[Seattle1]

Ashley Franco‏ @AshleyKKTV
Rogers says usually they do a sample split, split evidence in half to preserve it. Sometimes evidence is too small so they can’t do that. She’s explaining how they usually test evidence this small. Still don’t know what this evidence is. @KKTV11News #PatrickFrazee #KelseyBerreth

8:16 AM - 14 Jun 2019

 

[Yellow Rose]

Sam Kraemer‏ @SamKraemerTV 24s24 seconds ago



The testimomy is done. Viehman asks the court to allow this testing & that CBI can follow its own policies on this testing. @KOAA #KelseyBerreth #PatrickFrazee #KrystalKenney

 

[Yellow Rose]

Ashley Franco‏ @AshleyKKTV 38s38 seconds ago



Rogers is done testifying. There are no other witnesses. Prosecutors order that CBI should be allowed to test the evidence even if it is small enough the evidence would be destroyed during that testing. @KKTV11News #KelseyBerreth #PatrickFrazee

0 replies 0 retweets 0 likes

 

[Yellow Rose]

Sam Kraemer‏ @SamKraemerTV 44s44 seconds ago



Viehman says she thinks Rogers’ testimony outlined rationale for their testing policies and procedures. @KOAA #KelseyBerreth #PatrickFrazee #KrystalKenney

 

[PommyMommy]

Sam Kraemer on Twitter
Porter says she doesn’t object to the testing being done. She just objects to those two policies. She says the buccal swab process is intrusive & should be taken after the testing and only if the evidence is contaminated. @KOAA #KelseyBerreth #PatrickFrazee
9:28 AM - 14 Jun 2019

 

[Yellow Rose]

Sam Kraemer‏ @SamKraemerTV 19s19 seconds ago


Porter says she doesn’t object to the testing being done. She just objects to those two policies. She says the buccal swab process is intrusive & should be taken after the testing and only if the evidence is contaminated. @KOAA #KelseyBerreth #PatrickFrazee

 

[Yellow Rose]

Sam Kraemer‏ @SamKraemerTV 21s21 seconds ago


Porter says they wouldn’t want their expert’s swab kept in a DNA database. She also wants her expert there for the entirety of the process, even if the sample is split, because she says there isn’t a guarantee they get the split sample. @KOAA #KelseyBerreth #PatrickFrazee

 

[PommyMommy]

Sam Kraemer on Twitter
Porter says they wouldn’t want their expert’s swab kept in a DNA database. She also wants her expert there for the entirety of the process, even if the sample is split, because she says there isn’t a guarantee they get the split sample. @KOAA #KelseyBerreth #PatrickFrazee
9:29 AM - 14 Jun 2019

Ashley Franco on Twitter
Defense is concerned that CBI would have to do a background check and swab of their expert to be allowed to observe the consumptive testing. Judge Sells says doing a background is not intrusive. @KKTV11News #KelseyBerreth #PatrickFrazee
9:31 AM - 14 Jun 2019

Sam Kraemer on Twitter
Judge Sells rules in favor of the state, noting CBI is a law enforcement agency. He doesn’t find running someone’s name is intrusive. He says it’s important to protect the process (keep in mind they test for thousands of other cases). @KOAA #KelseyBerreth #PatrickFrazee
9:31 AM - 14 Jun 2019

Sam Kraemer on Twitter
Sells says he doesn’t think the defense would send a convicted felon as an expert, but “you never know”. He also says he thinks the buccal swab is equally important to the process. @KOAA #KelseyBerreth #PatrickFrazee #KrystalKenney
9:32 AM - 14 Jun 2019

Sam Kraemer on Twitter
He thinks this is a reachable protocol, it’s used for a narrow reason and so he is ruling in favor of the state on that. @KOAA #KelseyBerreth #PatrickFrazee #KrystalKenney
9:32 AM - 14 Jun 2019

Sam Kraemer on Twitter
As far as the sample split, Sells says the Court is not to dictate the CBI Lab on its process & protocol for the consumptive testing, citing case law. He finds the testing reasonable, done in good faith & grants the order to do the testing. @KOAA #KelseyBerreth #PatrickFrazee
9:34 AM - 14 Jun 2019

 

[Yellow Rose]

Sam Kraemer‏ @SamKraemerTV 23s23 seconds ago



udge Sells rules in favor of the state, noting CBI is a law enforcement agency. He doesn’t find running someone’s name is intrusive. He says it’s important to protect the process (keep in mind they test for thousands of other cases). @KOAA #KelseyBerreth #PatrickFrazee

 

[Seattle1]

So let's change the rules to accommodate the wishes of the defense? Well here's my xmas list...

 

[Yellow Rose]

Ashley Franco‏ @AshleyKKTV 34s34 seconds ago


Defense is concerned that CBI would have to do a background check and swab of their expert to be allowed to observe the consumptive testing. Judge Sells says doing a background is not intrusive. @KKTV11News #KelseyBerreth

 

[Yellow Rose]

Sam Kraemer‏ @SamKraemerTV 38s38 seconds ago


Sells says he doesn’t think the defense would send a convicted felon as an expert, but “you never know”. He also says he thinks the buccal swab is equally important to the process. @KOAA #KelseyBerreth #PatrickFrazee #KrystalKenney