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

[imstilla.grandma]

The defense might introduce "evidence that other individuals committed or fabricated portions of the crimes alleged against Mr. Frazee, to include Krystal Lee," according to the memo filed by his lawyer, Payne Steigerwald, in Teller County.

"I learned that Patrick Frazee had committed a homicide on approximately Nov. 22 in Teller County," she said in a statement released by prosecutors after reaching the plea agreement.

"I knew that law enforcement would be investigating that crime," the statement continued. "I moved the victim's cellphone with the intent to impair the phone's availability in the investigation."
Patrick Frazee planning to blame girlfriend for Kelsey Berreth's murder

 

[Hatch]

DBM

 

[GordianKnot]

Once I saw that headline, I already knew who was going to be in the byline.

Fricken Chris Spargo.

I hope against hope that one day he wakes up, looks in the mirror, and has an epiphany:

“I’m a useless hack, and have no business writing so much as a diary, let alone publishing news stories for others to read.”

Then I fantasize that he moves to Alaska, and lives with Grizzly Bears, like Timothy Treadwell did.

With the exact same predictable result.

Okay, okay, we get the hint....

You want a bunch of "I Spargo" paraphernalia for Christmas this year.

Consider it done.

 

[crhedBngr]

Just saw your BCSurvivor note. Me too. 25 years. Congrats!

Thanks, and congrats to your 25 years of being cancer free!

 

[ilovechili]

I do have to say even though she had to know this was coming, I do get a bit of delight over the picture in my head of KK sweating profusely since hearing this news and having her name back all over TV news all over the place, etc.

If she does not end up put away somehow for a long time, as well as PF, well at least every time she has to worry or have a bad day is a bit sweet.

She also may be short on time because I imagine they will begin prepping her for testimony and cross-examination full-time...

Jmo.

 

[katydid23]

It is going to be a really difficult and delicate situation for the defense to try and go after her.

She is obviously vulnerable in many circumstances, like the visit to KB, with the suspicious Starbucks treat. It would be great if the defense could show that KK attempted to poison KB.

However that is a double edged sword. How did KK know where KB lived and what she liked to drink? PF had to tell her.

It seems to me that every thing that can be used to attack KK, also leads directly back to PF.

It is going to be impossible to take any guilt or responsibility off of PF by pointing at KK, in my opinion.

They might be able to add some more blame on to her plate, but nothing will clear him. He was s till the one that had the major motive, and had the info and the access that allowed KK to join in to be his accomplice .

 

[ilovechili]

It is going to be a really difficult and delicate situation for the defense to try and go after her.

She is obviously vulnerable in many circumstances, like the visit to KB, with the suspicious Starbucks treat. It would be great if the defense could show that KK attempted to poison KB.

However that is a double edged sword. How did KK know where KB lived and what she liked to drink? PF had to tell her.

It seems to me that every thing that can be used to attack KK, also leads directly back to PF.

It is going to be impossible to take any guilt or responsibility off of PF by pointing at KK, in my opinion.

They might be able to add some more blame on to her plate, but nothing will clear him. He was s till the one that had the major motive, and had the info and the access that allowed KK to join in to be his accomplice .

Great post.

The way it stands, they are both part of things imo.

As far as motive, I believe they each had their own.

It will be a balancing act though no doubt, for the prosecution and the defense.

Jmo.

 

[ilovechili]

I would add it will also be a balancing act for KK because if she is caught in any lies... Per her deal...

 

[MassGuy]

I agree on the likelihood of a delay, however, the prosecution should have well known this was coming and this witness would be subjected to serious cross examination on the stand.

Jmo.

Of course they knew this was coming; we knew this was coming since the preliminary hearing.

In every trial with a star witness, the aim of the defense is to cast doubt on that witness’ testimony.

No different here.

 

[ilovechili]

Of course they knew this was coming; we knew this was coming since the preliminary hearing.

In every trial with a star witness, the aim of the defense is to cast doubt on that witness’ testimony.

No different here.

Of course. Most of us thought exactly that even before or after the preliminary hearing which was a long time coming and have known it ever since.

Just as both sides have known. However, the prosecution at the last hearing asked for more time and the defense had their time to file shortened slightly even though the prosecution knew as we all did that this witness was going to majorly cross examined since day one and before she was named to us back in the beginning (KK), so I find it a bit of a tactic, they have had more months than the defense due to sealed documents.

So yah, I agree, no argument here.

Jmo.

 

[ilovechili]

https://www.nbcnews.com/news/ncna1056366

 

[PommyMommy]

https://www.nbcnews.com/news/ncna1056366

This page is unavailable.
Please check back soon.

 

[crhedBngr]

This page is unavailable.
Please check back soon.

Yep, same error.

 

[MassGuy]

I’m guessing it was this article.

Patrick Frazee planning to blame girlfriend for Kelsey Berreth's murder

 

[gitana1]

Updated article is at the link. Best report on this subject so far, IMO.
Attorney explains Frazee's planned defense for murder trial

So just as @MassGuy said:

"The document also includes a component about pointing to an alternate suspect as part of the general denial defense. It's important to note this is not the alternate suspect defense.

"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 (Kenney)...," the document read.

From an attorney's perspective, this route provides Frazee's team more options. Instead of having to persuade a jury that an alternate suspect committed the crime from start to finish (the alternate suspect defense), the defense will focus on poking holes in the prosecutor's case with hopes of establishing reasonable doubt in the facts."

So they're not saying it was KK. Probably because they can't. But they're leaving it open so they can insinuate and try to plant doubt?

 

[Dave F.]

So just as @MassGuy said:

"The document also includes a component about pointing to an alternate suspect as part of the general denial defense. It's important to note this is not the alternate suspect defense.

"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 (Kenney)...," the document read.

From an attorney's perspective, this route provides Frazee's team more options. Instead of having to persuade a jury that an alternate suspect committed the crime from start to finish (the alternate suspect defense), the defense will focus on poking holes in the prosecutor's case with hopes of establishing reasonable doubt in the facts."

So they're not saying it was KK. Probably because they can't. But they're leaving it open so they can insinuate and try to plant doubt?

My personal laymen's guess is the defense is saying that the evidence that they have to back the Denial, in combination with the evidence the prosecution has listed, will tend to incriminate KKL as an alternate suspect. They do not intend to rely on that incriminating aspect of the evidence, but do intend to exhonerate PF with self-supporting evidence, and will appeal any move to restrict the evidence based on Alternate Suspect rules.
Once again, I am NOT a lawyer. It's a guess, and as always IMO.

 

[PommyMommy]

I’m guessing it was this article.

Patrick Frazee planning to blame girlfriend for Kelsey Berreth's murder

Thank you. I added it to the media thread.

 

[MemPat]

Thanks, and congrats to your 25 years of being cancer free!

Not cancer free but a survivor, nonetheless. Thank you!

 

[MemPat]

Yes, she will testify and the defense will try to discredit her testimony to create reasonable doubt. Not unexpected. MOO

Yes, I think this is pretty much what MassGuy said after the recent confusion.

No surprises as it's all they've got.

Being guilty as sin doesn't leave lots of options.

 

[Seattle1]

I'd be really, really surprised if there isn't a delay. Look for trial in January or February after the holidays, IMO.

I'd like to add that as disappointing as this may be, the prosecution is going to need the time to prepare. I can't think of a more horrific result than Frazee walking because the prosecution didn't take the time to do it right. Well, I take that back...it would be more horrific if they both walked.

ETA: And if he does walk, he takes the baby with him. Nope, I'll wait as long as it takes to nail this monster to the wall.

I believe this is exactly why the judge set the Sept 16 deadline (i.e., keep trial date on track).

I also think the prosecution expected this defense -- when is it not defense tactic to discredit the star witness in a case...