Deceased/Not Found CO - Kelsey Berreth, 29, Woodland Park, Teller County, 22 Nov 2018 - #54 *ARREST*

[PommyMommy]

Ok, so the public part of the hearing is done. Whew....that would suck if it was ongoing when the forum went into shutdown mode....

See y'all when the server is back up.

We're not going down until 8 p.m.! (See banner)

Thanks for all the updates today @PommyMommy!

You're welcome. Thank you for keeping our timeline current!

 

[?mysterian?]

Thanks for all the updates today @PommyMommy!

Yes, thanks for keeping us updated. Wow, what a job that was today!

And thank you, @Tippy Lynn, for keeping the timeline updated!

 

[PommyMommy]

Carol McKinley on Twitter
NEW: Consumptive testing on a human tooth found on #patrickfrazee's property is halfway finished. That testing is being done by the FBI. Motions hearing is over for today. EXTRA: Defense must let the court know if they are going to use an alternate suspect defense by 9/16. @ABC
10:54 AM 23-Aug-2019

 

[steeltowngirl]

So, PF voluntarily agreed to talk to the DHS representative without a lawyer present. But among other things, he lied about talking to Kelsey on the weekend, and incriminated himself. Now his defense wants what he told her to be inadmissible.
Is that the gist of it?

 

[imstilla.grandma]

Follow live updates on Frazee's court appearance for Kelsey Berreth case

 

[Snowsnake]

So, PF voluntarily agreed to talk to the DHS representative without a lawyer present. But among other things, he lied about talking to Kelsey on the weekend, and incriminated himself. Now his defense wants what he told her to be inadmissible.
Is that the gist of it?

That’s the way I see this coward playing the game.

 

[steeltowngirl]

Can anyone offer some insight on the res gestae statement stuff? Venture any guesses on the context of the hearsay? I am trying to figure out if they are referring to statements that PF told the DHS lady that he claims were said by Kelsey. Or - does it refer to statements that Kelsey told DHS herself, obviously prior to her death, as part of an investigation.

I'm really confused on the hearsay part.

 

[GordianKnot]

Lance Benzel on Twitter
More on decision against seeking death penalty. DA Dan May says prosecutors thought they could argue “lying in wait,” potentially making #PatrickFrazee eligible. But AG’s Office said it wouldn’t survive “half time.” @csgazette
11:19 AM - 23 Aug 2019

Lance Benzel on Twitter
Without cooperation from AG, pressing ahead would ignite controversy, May told reporters. @csgazette #PatrickFrazee
11:20 AM - 23 Aug 2019

Lance Benzel on Twitter
Asked if he meant that AG’s “no” opinion was decisive, May demurred, answering, “It’s a moot point.” He also sidestepped Q about how #KelseyBerreth’s family reacted to news. @csgazette
11:24 AM - 23 Aug 2019

BBM:

Translation: DA's office really wanted to go for the dp.
Translation: The AG overrode & overruled them for purely political reasons.
Translation: Kelsey's family ain't happy that the DA isn't pursuing the death penalty.

Man, this ticks me off.
Who's the AG in Colorado?
I got a bone to pick with him/her.

JMO.

 

[PommyMommy]

Sam Kraemer on Twitter
We had a quick press conference with DA Dan May before the private jury hearing. One tidbit: He consulted with @COAttnyGeneral on whether to pursue the death penalty. May said the aggravating factor they were considering was “lying in wait”. @KOAA #KelseyBerreth #PatrickFrazee
12:02 PM - 23 Aug 2019

Sam Kraemer on Twitter
May says the state attorney general’s office believed they wouldn’t have a case to prove that, therefore they did not pursue the death penalty. @KOAA #KelseyBerreth #PatrickFrazee
12:03 PM - 23 Aug 2019

 

[girlhasnoname]

Can anyone offer some insight on the res gestae statement stuff? Venture any guesses on the context of the hearsay? I am trying to figure out if they are referring to statements that PF told the DHS lady that he claims were said by Kelsey. Or - does it refer to statements that Kelsey told DHS herself, obviously prior to her death, as part of an investigation.

I'm really confused on the hearsay part.

Res Gestae in Hearsay Law
Res gestae in hearsay law is considered to be the exception to the rule. This is due to the fact that hearsay is normally prohibited from being considered by a court of law, as it cannot be verified. For instance, if a witness testifies that his neighbor heard the accused say something incriminating, this is hearsay because the neighbor is not present in the courtroom and therefore cannot be called to the stand to verify his statement, or how he came to have knowledge of the fact.

Res gestae in hearsay law, however, is different. Consider the previous example. If a witness testifies that his neighbor yelled “Thief!”, and the witness immediately saw the accused leaving his neighbor’s house with a television under one arm, this declaration may be admissible as evidence. This is because the neighbor’s declaration adds clarity to the situation and essentially proves that the accused stole the television. There is little to no room for doubt or misunderstanding for the witness to think anything other than what his neighbor was trying to communicate: that someone was stealing his television.

Res Gestae - Definition, Examples, Cases, Processes

 

[PommyMommy]

BBM:

Translation: DA's office really wanted to go for the dp.
Translation: The AG overrode & overruled them for purely political reasons.
Translation: Kelsey's family ain't happy that the DA isn't pursuing the death penalty.

Man, this ticks me off.
Who's the AG in Colorado?
I got a bone to pick with him/her.

JMO.

He's a newbie. Phil Weiser - Wikipedia

 

[girlhasnoname]

Thanks Pommy for keeping us updated and I LMAO over your avitar. Hah!

I hope the Judge rules in favor of the Prosecution and allows the statements by Frazee to the Child Case Worker admissible. He had the right to refuse to answer so I hope that's enough to sway his decision. IT NEEDS TO BE HEARD IMO! <sorry for yelling>

 

[GordianKnot]

He's a newbie. Phil Weiser - Wikipedia

Ha. Weiser.

There's a misnomer if ever I heard one.

Our buddy "Phil" is clearly not wiser.

His name should be like, "Phil Dumber," instead.

JMO.

 

[MassGuy]

Thanks Pommy for keeping us updated and I LMAO over your avitar. Hah!

I hope the Judge rules in favor of the Prosecution and allows the statements by Frazee to the Child Case Worker admissible. He had the right to refuse to answer so I hope that's enough to sway his decision. IT NEEDS TO BE HEARD IMO! <sorry for yelling>

Yeah, I feel a lot better about the odds of that being ruled admissible.

He was informed that he didn’t have to comply, but he did anyway.

He’s shot himself in the foot so many times that he’s only got one at this point.

That conversation is important, as it is another example of documented lies.

 

[katydid23]

So, PF voluntarily agreed to talk to the DHS representative without a lawyer present. But among other things, he lied about talking to Kelsey on the weekend, and incriminated himself. Now his defense wants what he told her to be inadmissible.
Is that the gist of it?

One of the arguments the defense gave, for inadmissibility, was really dumb, in my opinion.

The defense said that his statements should be out, because he wasn't given a Miranda warning beforehand.

The DA said, DHS workers don't give Miranda warnings. lol

 

[MassGuy]

One of the arguments the defense gave, for inadmissibility, was really dumb, in my opinion.

The defense said that his statements should be out, because he wasn't given a Miranda warning beforehand.

The DA said, DHS workers don't give Miranda warnings. lol

And this:

9:34 a.m.

Longmire said she informed Frazee of his right to refuse to answer her questions, which contradicts what the defense team said in a motion filed on Monday.

 

[steeltowngirl]

Sam Kraemer on Twitter
We had a quick press conference with DA Dan May before the private jury hearing. One tidbit: He consulted with @COAttnyGeneral on whether to pursue the death penalty. May said the aggravating factor they were considering was “lying in wait”. @KOAA #KelseyBerreth #PatrickFrazee
12:02 PM - 23 Aug 2019

Sam Kraemer on Twitter
May says the state attorney general’s office believed they wouldn’t have a case to prove that, therefore they did not pursue the death penalty. @KOAA #KelseyBerreth #PatrickFrazee
12:03 PM - 23 Aug 2019

Didn't we list a few other aggravating factors earlier in this thread? I don't recall the "lying in wait" on the list at all.
I'm glad to know that Dan May did consider the DP, and if "lying in wait" was the one they needed to prove and they didn't have it, then so be it. But the political aspect is disturbing.

 

[steeltowngirl]

Res Gestae in Hearsay Law
Res gestae in hearsay law is considered to be the exception to the rule. This is due to the fact that hearsay is normally prohibited from being considered by a court of law, as it cannot be verified. For instance, if a witness testifies that his neighbor heard the accused say something incriminating, this is hearsay because the neighbor is not present in the courtroom and therefore cannot be called to the stand to verify his statement, or how he came to have knowledge of the fact.

Res gestae in hearsay law, however, is different. Consider the previous example. If a witness testifies that his neighbor yelled “Thief!”, and the witness immediately saw the accused leaving his neighbor’s house with a television under one arm, this declaration may be admissible as evidence. This is because the neighbor’s declaration adds clarity to the situation and essentially proves that the accused stole the television. There is little to no room for doubt or misunderstanding for the witness to think anything other than what his neighbor was trying to communicate: that someone was stealing his television.

Res Gestae - Definition, Examples, Cases, Processes

Thank you girlhasnoname.
I'm still struggling through the scenarios behind this, but I'm sure it will be more clear during the trial. That is, if the Judge rules to allow the Res Gestae. Word of the day!

 

[girlhasnoname]

Thank you girlhasnoname.
I'm still struggling through the scenarios behind this, but I'm sure it will be more clear during the trial. That is, if the Judge rules to allow the Res Gestae. Word of the day!

I'm hoping someone heard PF utter something incriminating!

 

[gsleuth]

Thanks Pommy for keeping us updated and I LMAO over your avitar. Hah!

I hope the Judge rules in favor of the Prosecution and allows the statements by Frazee to the Child Case Worker admissible. He had the right to refuse to answer so I hope that's enough to sway his decision. IT NEEDS TO BE HEARD IMO! <sorry for yelling>

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Love your name ..I want to be nameless..would make my life simpler.