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

[gitana1]

Does anyone have a copy of the state's motion?

 

[PommyMommy]

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

Sorry, I'm having terrible technical difficulties and can barely use the like button let alone post. Grrr! Here's the document:

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

 

[gitana1]

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.

Yes. That's what I'm finding. Appellate cases show there is a hearing and the judge then decides if the defense can move forward.

 

[PommyMommy]

Does anyone have a copy of the state's motion?

I think this was all we saw:

https://www.courts.state.co.us/user...oposed Order to Endorse Alternate Suspect.pdf

From here:

Colorado Judicial Branch - Teller - Cases of Interest - The People of the State of Colorado v. Patrick Frazee

 

[gitana1]

Websleuths is really not working. Ugh.

 

[ilovechili]

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.

That is where I am at--on a wait and see.

It bothered me at the last hearing when the judge shortened what I thought was statute(?) for the defense's time to file. That is why I just could not trust the things tweeted, reported, etc. of the last day or two. And we have all seen stranger things happen.

I thought I posted this about 20 minutes ago but apparently it did not post. So it may fall in an odd place.

Jmo.

 

[gitana1]

That is where I am at--on a wait and see.

It bothered me at the last hearing when the judge shortened what I thought was statute(?) for the defense's time to file. That is why I just could not trust the things tweeted, reported, etc. of the last day or two. And we have all seen stranger things happen.

I thought I posted this about 20 minutes ago but apparently it did not post. So it may fall in an odd place.

Jmo.

Our site is acting up!

The defense filed at 3:44 pm yesterday. So it was timely.

The defense appears to state there is no statutory basis for forcing the naming of an alternate defendant. So I don't know about statutory deadlines. I can't find anything.

 

[Dave F.]

Our site is acting up!

The defense filed at 3:44 pm yesterday. So it was timely.

The defense appears to state there is no statutory basis for forcing the naming of an alternate defendant. So I don't know about statutory deadlines. I can't find anything.

I believe you are correct, he is denying the statutory basis; but I am certainly not an attorney. IMO

 

[MassGuy]

This is what an attorney said yesterday in that Gazette piece.

It seems to jibe perfectly with what this new document says:

Still, being barred from specifically naming Kenney doesn't prevent the defense from leaving a trail of breadcrumbs or insinuations that point in her direction or someone else's, said defense attorney David Foley, who is not involved in the case.

"They'll ask questions, the jury will pick up on those questions, and they'll run with it from there," he said.

The lack of specificity also could turn into an advantage, Foley added.

"With an alternate suspect, you're pinning everything on one person," he said. "General denial leaves every option open."

 

[gitana1]

I believe you are correct, he is denying the statutory basis; but I am certainly not an attorney. IMO

Yeah theyre preserving the issue for appeal. So if the court denies their endorsement of an altnerate defendant another appellate issue will be whether endorsing the alternate is even required by statute. So it's another grounds for appeal.

 

[gitana1]

This is what an attorney said yesterday in that Gazette piece.

It seems to jibe perfectly with what this new document says:

Still, being barred from specifically naming Kenney doesn't prevent the defense from leaving a trail of breadcrumbs or insinuations that point in her direction or someone else's, said defense attorney David Foley, who is not involved in the case.

"They'll ask questions, the jury will pick up on those questions, and they'll run with it from there," he said.

The lack of specificity also could turn into an advantage, Foley added.

"With an alternate suspect, you're pinning everything on one person," he said. "General denial leaves every option open."

They're doing both.

 

[GordianKnot]

Yeah theyre preserving the issue for appeal. So if the court denies their endorsement of an altnerate defendant another appellate issue will be whether endorsing the alternate is even required by statute. So it's another grounds for appeal.

It's going to be interesting to see whether and/or what the judge allows to come in here re: naming KK as an alternate suspect during PF's trial.

Here's a Colorado Supreme Court case that may be somewhat relevant since it pertains to an appeal of a case on the basis of a defendant not being allowed to admit alternate suspect evidence during his murder trial:
FindLaw's Supreme Court of Colorado case and opinions.
SFA:

Section IV, Paragraphs 21 - 25
IV. Analysis

¶ 21 This case requires us to clarify the framework for the admissibility of alternate suspect evidence, including evidence of other crimes, wrongs, or acts committed by the alternate suspect.

¶ 22 We hold that the admissibility of alternate suspect evidence ultimately depends on the strength of the connection between the alternate suspect and the charged crime.   To be admissible, alternate suspect evidence must be relevant (under CRE 401) and its probative value must not be sufficiently outweighed by the danger of confusion of the issues or misleading the jury, or by considerations of undue delay (under CRE 403).

¶ 23 The touchstone of relevance in this context is whether the alternate suspect evidence establishes a non-speculative connection or nexus between the alternate suspect and the crime charged.   Where the evidence concerns other acts by the alternate suspect, a court must look to whether all the similar acts and circumstances, taken together, support a finding that the same person probably was involved in both the other act and the charged crime.  CRE 404(b) principles guide this analysis.

¶ 24 Where the evidence concerns statements by the alternate suspect, a court must determine whether the alternate suspect's statements meet the requirements of CRE 804(b)(3) or any other applicable hearsay exception.   Even assuming the statements are admissible under the rules governing hearsay, the court must still determine whether the statements, along with the other proffered alternate suspect evidence, establish the requisite non-speculative connection tying the alternate suspect to the charged crime.

¶ 25 Finally, even relevant alternate suspect evidence may be excluded if its probative value is substantially outweighed by countervailing policy considerations under CRE 403, such as the danger of confusion of the issues or misleading the jury, or by considerations of undue delay.

 

[girlhasnoname]

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.

Doesn't surprise me, there really is no other alternative for PF. What keeps me from worrying is that I don't believe there is any way in hell that DA May would have struck that 'sweety beauty of a deal' with KK unless he was 110% sure she wasn't the one who swung the bat on Thanksgiving Day.

What I do expect is for the Defense to try and create a 'reasonable doubt' by suggesting Kelsey was actually killed the following day some time after KK got to town.

 

[ilovechili]

I tried to post this earlier but I too do not see the motion by the prosecution asking the defense if they are filing an alternate suspect defense on the list of documents on this case. The same list that the other day I posted about wondering if the media request for transcription or exhibits had been filed. I glanced through it a couple of times a little while ago and did not see it unless it was filed quite some time ago.

If anyone finds access to it, I would not mind seeing it either.

Reviewing the list also reminds me that all search warrants and results were not released either, whether that is due to no results or no one requesting them subsequently.

Jmo.

 

[ilovechili]

Doesn't surprise me, there really is no other alternative for PF. What keeps me from worrying is that I don't believe there is any way in hell that DA May would have struck that 'sweety beauty of a deal' with KK unless he was 110% sure she wasn't the one who swung the bat on Thanksgiving Day.

What I do expect is for the Defense to try and create a 'reasonable doubt' by suggesting Kelsey was actually killed the following day some time after KK got to town.

Unless my memory is failing KK said she was not there until wasn't it two days later and not the next day...?

ETA: The 24th I believe and driving back the 25th with KB's cell phone, guns and other things..?

 

[MassGuy]

Doesn't surprise me, there really is no other alternative for PF. What keeps me from worrying is that I don't believe there is any way in hell that DA May would have struck that 'sweety beauty of a deal' with KK unless he was 110% sure she wasn't the one who swung the bat on Thanksgiving Day.

What I do expect is for the Defense to try and create a 'reasonable doubt' by suggesting Kelsey was actually killed the following day some time after KK got to town.

Exactly. They wouldn’t have wanted to let a murderer walk free, if they had any evidence KK could have been involved.

Secondly, she is useless to them if the defense is able to reasonably accuse her of murder. Part of protecting against that, would be vetting her whereabouts on the day of the murder.

The defense can still accuse her, and it certainly appears that they will. But those accusations won’t have any teeth.

 

[MassGuy]

Unless my memory is failing KK said she was not there until wasn't it two days later and not the next day...?

Yes. We know PF called her after the murder, based on cell phone records.

KK received that call on Thanksgiving. She borrowed the car the next day, and arrived on the morning of the 24th. So that would make it about a day and a half.

 

[ilovechili]

Frazee points to Idaho nurse as alternate suspect in Kelsey Berreth's death

I have not seen this posted but the way the site is working for me perhaps it has been. If so, I apologize.

Not much different in it but a Colorado news media and their take.

Jmo.

Well this will probably post twice also because it did not the first time...

 

[girlhasnoname]

Unless my memory is failing KK said she was not there until wasn't it two days later and not the next day...?

ETA: The 24th I believe and driving back the 25th with KB's cell phone, guns and other things..?

Right, either way the Defense will throw as much crap at the wall hoping something will stick.

 

[ilovechili]

Right, either way the Defense will throw as much crap at the wall hoping something will stick.

No doubt. I just hope the prosecution knows what holes will be attacked and be ready to fill them. There is no doubt KB did not die the night before because her mother talked to her on Thanksgiving. If they go for an opening it will be the 22nd onward is my best guess.

I am rooting for him to go away, I just think it is wise to have the bases covered and try to think as the other side might and hopefully the pros is doing just that.

Jmo however.

Edited to correct KB did NOT die the night before.