Deceased/Not Found CO - Kelsey Berreth, 29, Woodland Park, Teller County, 22 Nov 2018 - #55 *ARREST*

[Sweetsbeach]

I just don't understand. Why wouldn't they file within the timeframe set by the Judge Sells?

 

[PommyMommy]

Quick transcription of the main body of the document:

ENDORSEMENT OF DEFENSES AND WITNESSES
Patrick Frazee, by and through counsel, hereby endorses the following defenses and witnesses:

1. General denial.

2. To the extent the court finds that "Alternate Suspect" is a required endorsed defense despite its absence from Part 7 of Article 1 of Title 18 all other relevant articles of the Colorado Revised Statutes concerning defenses, it is anticipated that as part and parcel to general denial, there may be evidence that other individuals committed or fabricated portions of the crimes alleged against Mr. Frazee, to include Krystal Lee. All evidence presented by the defense will comport with the rules of evidence, to include Rules 402 and 403, as pertinent to this endorsement.

3. John Gonglach, Investigator for the State Public Defenders Office

4. Jesus Manuel Roldan, Investigator for the State Public Defenders Office

5. All witnesses endorsed by the prosecution in their various witness endorsements.

https://www.courts.state.co.us/user.../Endorsement of Defenses and Witnesses PD.pdf

 

[PommyMommy]

I just don't understand. Why wouldn't they file within the timeframe set by the Judge Sells?

Ashley Franco on Twitter
#BREAKING: Alternate suspect has been filed for the #KelseyBerreth case. It looks like #PatrickFrazee attorneys are pointing the finger at #KrystalLee. Watch @KKTV11News for updates. I'm working on getting more answers since the deadline was not met.
11:48 AM · Sep 18, 2019·Twitter Web App

 

[PommyMommy]

Sam Kraemer on Twitter
Think of it this way — it’s well-known Kenney will likely be the state’s key witness. Naming the alternate suspect would’ve pinned the entire crime on that suspect. This lets the defense tackle reasonable doubt with a wider scope. @KOAA
#KelseyBerreth #PatrickFrazee
11:59 AM · Sep 18, 2019·Twitter for iPhone

 

[Sweetsbeach]

Ashley Franco on Twitter
#BREAKING: Alternate suspect has been filed for the #KelseyBerreth case. It looks like #PatrickFrazee attorneys are pointing the finger at #KrystalLee. Watch

I guess the good news is, the prosecution was expecting this based on their own filings.

 

[ilovechili]

I just don't understand. Why wouldn't they file within the timeframe set by the Judge Sells?

If I recall correctly, the judge shortened their time by a few days typically allowed for filing. They have a good argument, it is still before the time generally allowed. No one wants any grounds for appeal that's for sure so I believe it will be allowed... Just guessing.

It is interesting that even though filed some time yesterday, it was still not announced until today midday.

Jmo.

 

[PommyMommy]

SEP 18, 2019
Patrick Frazee's attorneys expected to place some blame on his girlfriend
Patrick Frazee's attorneys have filed his list of defenses and witnesses for his murder trail, which starts in October.

Despite not naming an alternate suspect by Monday's deadline, court documents filed by Frazee's attorneys say they still plan to put part of the blame on Krystal Kenney, an Idaho nurse who was dating Frazee.

[...]

 

[MassGuy]

So basically, this is one big nothingburger.

The defense isn’t naming Krystal as an alternate suspect. That deadline has come and gone.

This is just a list of their intended defenses, which include blaming her for things in order to discredit her.

I think we’re about to see some Tweet corrections.

 

[ilovechili]

Quick transcription of the main body of the document:

ENDORSEMENT OF DEFENSES AND WITNESSES
Patrick Frazee, by and through counsel, hereby endorses the following defenses and witnesses:
1. General denial.

2. To the extent the court finds that "Alternate Suspect" is a required endorsed defense despite its absence from Part 7 of Article 1 of Title 18 all other relevant articles of the Colorado Revised Statutes concerning defenses, it is anticipated that as part and parcel to general denial, there may be evidence that other individuals committed or fabricated portions of the crimes alleged against Mr. Frazee, to include Krystal Lee. All evidence presented by the defense will comport with the rules of evidence, to include Rules 402 and 403, as pertinent to this endorsement.

3. John Gonglach, Investigator for the State Public Defenders Office

4. Jesus Manuel Roldan, Investigator for the State Public Defenders Office

5. All witnesses endorsed by the prosecution in their various witness endorsements.

https://www.courts.state.co.us/user.../Endorsement of Defenses and Witnesses PD.pdf

View attachment 205177

BBM in your post.

I think unless people have changed their minds that most believe parts were fabricated by her or at minimum she made sure she put herself in a somewhat better and more innocent light than was probably true... I have always thought that portions were false and somewhat unbelievable and all that mattered in a big way was put on PF, who is guilty imo, as is she.

Prove a few parts of her story wrong and there are issues. It is what I have always been concerned about whether people agree or disagree. Always.

I also still have slime hope there still may be a twist at the end of this and I hope both end up in the slammer for life...

If I recall correctly, her deal is based on all of her facts in her story being the truth...

Jmo.

 

[Sweetsbeach]

So basically, this is one big nothingburger.

The defense isn’t naming Krystal as an alternate suspect. That deadline has come and gone.

This is just a list of their intended defenses, which include blaming her for things in order to discredit her.

I think we’re about to see some Tweet corrections.

Wasn't the whole point of the request by the prosecution, and motion by the Judge, to require the defense to say whether or not they would be using an alternative suspect as their defense...It's almost like they answered with, "Maybe."

 

[ilovechili]

Alternate suspect named in Kelsey Berreth case

"TELLER COUNTY, Colo. - Krystal Lee was named an alternate suspect in the Kelsey Berreth case Wednesday.

According to Colorado Court public information officer Rob McCallum, the defense filed for an alternate defendant on the 17th. "

Unless they quoted PIO McCallum wrong, this is an alternate suspect named and filed on the 17th. I was told yesterday we could trust McCallum so I am going by that.

Jmo.

 

[crhedBngr]

Rob McCallum on Twitter
People v. Frazee: The defense filed its endorsement of defenses and witnesses on 9/17 #KelseyBerreth
11:19 AM · Sep 18, 2019·TweetDeck

https://www.courts.state.co.us/userfiles/file/Court_Probation/04th_Judicial_District/Teller/caseofinterest/2018CR330/Endorsement of Defenses and Witnesses PD.pdf

But did they indeed miss the deadline??

The above tweet shows a filling date of 09/17.

Did they file this at 12:59:59 p.m. yesterday? And then just announce this to the public?

Questions, questions.

 

[MassGuy]

Wasn't the whole point of the request by the prosecution, and motion by the Judge, to require the defense to say whether or not they would be using an alternative suspect as their defense...It's almost like they answered with, "Maybe."

If I’m understanding correctly, it would have meant that they would blame her for the murder:

She did everything.

This new document says that they will use a “general defense,” and also blame KK for things.

I guess it does mean they can still accuse her of the murder, but not to the degree that the “alternate suspect defense,” would have obligated them to.

 

[MassGuy]

Alternate suspect named in Kelsey Berreth case

"TELLER COUNTY, Colo. - Krystal Lee was named an alternate suspect in the Kelsey Berreth case Wednesday.

According to Colorado Court public information officer Rob McCallum, the defense filed for an alternate defendant on the 17th. "

Unless they quoted PIO McCallum wrong, this is an alternate suspect named and filed on the 17th. I was told yesterday we could trust McCallum so I am going by that.

Jmo.

This was an interpretation of what Mcallum said, and the link he posted, not what he actually said:

People v. Frazee: The defense filed its endorsement of defenses and witnesses on 9/17 #KelseyBerreth

This is not the alternate suspect motion, that was supposed to be filed by the 16th.

 

[gitana1]

Alternate suspect named in Kelsey Berreth case

TELLER COUNTY, Colo. - Krystal Lee was named an alternate suspect in the Kelsey Berreth case Wednesday.

According to Colorado Court public information officer Rob McCallum, the defense filed for an alternate defendant on the 17th.

What in the heck? What are they doing? Why didn't they file on time or file something for an extension? Seems strategic. But why?

 

[gitana1]

Sam Kraemer on Twitter
Think of it this way — it’s well-known Kenney will likely be the state’s key witness. Naming the alternate suspect would’ve pinned the entire crime on that suspect. This lets the defense tackle reasonable doubt with a wider scope. @KOAA
#KelseyBerreth #PatrickFrazee
11:59 AM · Sep 18, 2019·Twitter for iPhone

What does he mean? Did they name an alternate suspect or did they do something different?

 

[ilovechili]

This was an interpretation of what Mcallum said, and the link he posted, not what he actually said:

People v. Frazee: The defense filed its endorsement of defenses and witnesses on 9/17 #KelseyBerreth

This is not the alternate suspect motion, that was supposed to be filed by the 16th.

I am waiting for further information, just as I have the last two days before assuming anything.

KK was named and it was put in as a possible defense as far as I know.

I also do not take general denial as a general defense but then I take words more literally than knowing what it means in the legal sense.

And I will continue to wait rather than jump to conclusions. Look at yesterday versus today.

This case remains an interesting one, but sadly with real victims. One can expect a defense and as always, that is what concerns me.

KK is hardly a stellar star witness.

Jmho--IANAL--However, I am not one bit surprised. This is a big case--of course there is a strategy on both sides.

Tis the way of our system as is giving defendants' every chance and concern of appeals. Imo.

 

[gitana1]

This was an interpretation of what Mcallum said, and the link he posted, not what he actually said:

People v. Frazee: The defense filed its endorsement of defenses and witnesses on 9/17 #KelseyBerreth

This is not the alternate suspect motion, that was supposed to be filed by the 16th.

Ok. I'm reviewing and trying to understand. The media keeps saying they failed to file an alternate suspect motion. The defense doesn;t have to file such a motion.The state is the one who files it, which they did, and they ask for the defense to endorse any alternate suspect. So basically it appears they're asking for a witness list from the defense that includes a description that explains whether a witness will be an alternate suspect. And it appears that's exactly what the defense did, possibly on time, though it was not recorded right away.

So the next step, if the filing was timely, is a hearing, I believe. So the defense will have to present evidence and argument that KK as an alternate suspect is a viable defense. This is where it will get interesting because we should find out exactly what there is or is not to point to KK.

This is my understanding at this point.

Alternate suspect HAS been named. It looks like possibly timely. We will now see what there is to be seen.

 

[gitana1]

I am waiting for further information, just as I have the last two days before assuming anything.

KK was named and it was put in as a possible defense as far as I know.

I also do not take general denial as a general defense but then I take words more literally than knowing what it means in the legal sense.

And I will continue to wait rather than jump to conclusions. Look at yesterday versus today.

This case remains an interesting one, but sadly with real victims. One can expect a defense and as always, that is what concerns me.

KK is hardly a stellar star witness.

Jmho--IANAL--However, I am not one bit surprised. This is a big case--of course there is a strategy on both sides.

Tis the way of our system as is giving defendants' every chance and concern of appeals. Imo.

Yes. It was pretty stunning that they appeared to have failed to file one. Super bleak for the defense. It was over, IMO.

But they did file. And if they have anything that could remotely point to her, they had a duty to file it.

Let's see what comes out at the hearing.

 

[ilovechili]

https://www.criminal-lawyer-colorad...se-when-someone-else-committed-the-crime.html

Really interesting and directly related to this type of defense by Colorado law. I expect a hearing if I would have to guess.

Jmo.