CO CO - Kelsey Berreth, 29, Woodland Park, Teller County, 22 Nov 2018 - #56 *ARREST*

[Seattle1]

Sam Kraemer‏ @SamKraemerTV
Judge says he’s closed every juvenile hearing out of best interest of the child. When they end, Sells says he goes around the room asking for objections on releasing info on the hearing. He says that’s been done with full consent from Frazee. @KOAA #KelseyBerreth #PatrickFrazee

8:31 AM - 18 Oct 2019

Sam Kraemer‏ @SamKraemerTV
He says that’s also been done to protect the privacy of the other parties (Berreths & Frazees) from press inquiries on the matter. @KOAA #KelseyBerreth #PatrickFrazee

8:32 AM - 18 Oct 2019

Sam Kraemer‏ @SamKraemerTV
Judge says the court PIO has not done anything wrong. He says he’ll make sure anything the PIO releases will he done by judge’s orders. @KOAA #KelseyBerreth #PatrickFrazee

8:32 AM - 18 Oct 2019

Sam Kraemer‏ @SamKraemerTV
Judge says he will enter an order prohibiting either counsel from speaking publicly on the case until further order. @KOAA #KelseyBerreth #PatrickFrazee

8:33 AM - 18 Oct 2019

Sam Kraemer‏ @SamKraemerTV
Judge is going to take under advisement the request to ban live-tweeting. He says he will expand the decorum order moving forward. He says he’s concerned live-tweeting could impact witnesses. @KOAA #KelseyBerreth #PatrickFrazee

8:35 AM - 18 Oct 2019

Huh? Witnesses sitting outside the courtroom reading tweets?

 

[Seattle1]

Sam Kraemer‏ @SamKraemerTV
Judge says he expect the decorum order will have additional restrictions. @KOAA #KelseyBerreth #PatrickFrazee

8:36 AM - 18 Oct 2019

Sam Kraemer‏ @SamKraemerTV
Next issue: defense motion regarding the designation of statements made on Facebook. Defense wants 10-day notice before trial on what records will be used. @KOAA #KelseyBerreth #PatrickFrazee

8:37 AM - 18 Oct 2019

 

[Seattle1]

Sam Kraemer‏ @SamKraemerTV
Viehman says they will tell the defense what records will be used. She’s offering Oct. 25 as a deadline for that, which she says would be Facebook posts & jail calls. @KOAA #KelseyBerreth #PatrickFrazee

8:38 AM - 18 Oct 2019

Sam Kraemer‏ @SamKraemerTV
Stiegerwald says he received 18.5 hours of jail calls within the last week or so. @KOAA #KelseyBerreth #PatrickFrazee

8:38 AM - 18 Oct 2019

Sam Kraemer‏ @SamKraemerTV
May says they intend to use a jail phone call from Feb. 2. @KOAA #KelseyBerreth #PatrickFrazee

8:39 AM - 18 Oct 2019

Bring it on -- who's PF ranting at?

 

[Seattle1]

Sam Kraemer‏ @SamKraemerTV
Pending motions: People obtained info of Frazee’s contact with an attorney. It related to another matter, not this case. People have not opened it & there are talks of destroying it. @KOAA #KelseyBerreth #PatrickFrazee

8:41 AM - 18 Oct 2019

Sam Kraemer‏ @SamKraemerTV
Judge says he doesn’t have an objection to destroying it if it’s ok with the other attorney. @KOAA #KelseyBerreth #PatrickFrazee

8:42 AM - 18 Oct 2019

 

[PommyMommy]

Sam Kraemer @SamKraemerTV
Viehman says they will tell the defense what records will be used. She’s offering Oct. 25 as a deadline for that, which she says would be Facebook posts & jail calls. @KOAA #KelseyBerreth #PatrickFrazeer

@SamKraemerTVs

Next issue: defense motion regarding the designation of statements made on Facebook. Defense wants 10-day notice before trial on what records will be used.
@KOAA#KelseyBerreth #PatrickFrazee

Alexis Dominguez KRDO
Judge is concerned about live tweeting during trial, says he’s worried about credentials on who is legitimate #KRDO #patrickfrazee

Alexis Dominguez KRDO@alexisdomm
Judge says a more extensive decorum order will come out between now and October 28th #patrickfrazee

Sam Kraemer@SamKraemerTV
Judge says he expect the decorum order will have additional restrictions.
@KOAA
#KelseyBerreth #PatrickFrazee

Sam Kraemer @SamKraemerTV
Judge is going to take under advisement the request to ban live-tweeting. He says he will expand the decorum order moving forward. He says he’s concerned live-tweeting could impact witnesses.
@KOAA #KelseyBerreth #PatrickFrazee

Ashley Franco @AshleyKKTV
Judge is prohibiting council on both sides to speak publicly about the case until further order of the court.
@KKTV11News
#KelseyBerreth #PatrickFrazee

So sorry guys, computer has chosen this morning to have a massive meltdown. Looks like Seattle1 has us covered. Thank you! MUAH!

 

[Seattle1]

Can I block "promoted tweets?" They're cramping my work here....

 

[Seattle1]

Sam Kraemer‏ @SamKraemerTV
Next: people’s response to defense motion regarding 404b evidence. People said they wouldn’t file on Aug. 23, but then filed on Sept. 23. @KOAA #KelseyBerreth #PatrickFrazee

8:44 AM - 18 Oct 2019

Sam Kraemer‏ @SamKraemerTV
May says they initially thought it wouldn’t be filed, but it was still filed before the motion deadline. He says the statements have always been part of discovery. @KOAA #KelseyBerreth #PatrickFrazee

8:45 AM - 18 Oct 2019

 

[PommyMommy]

Can I block "promoted tweets?" They're cramping my work here....

Yes, I think so because I'm not seeing any. Don't remember how I did it, tho.

 

[Seattle1]

Sam Kraemer‏ @SamKraemerTV
Stiegerwald says he has about 23,000 pages of statements. @KOAA #KelseyBerreth #PatrickFrazee

8:46 AM - 18 Oct 2019

Sam Kraemer‏ @SamKraemerTV
Judge says he understands people are requesting 404b from three specific people. He says he’s ready to rule on two of them right now. Stiegerwald says there needs to be time for analysis of case law. @KOAA #KelseyBerreth #PatrickFrazee

8:47 AM - 18 Oct 2019

Sam Kraemer‏ @SamKraemerTV
May says some of it is an abundance of caution. He says some of it is part of putting the defense on notice because they don’t know what’s coming in trial. @KOAA #KelseyBerreth #PatrickFrazee

8:48 AM - 18 Oct 2019

 

[Seattle1]

People also ask

What is a 404 B motion?

Rule 404 – Character Evidence; Crimes or Other Acts. (a) Character Evidence. (1) Prohibited Uses. Evidence of a person's character or character trait is not admissible to prove that on a particular occasion the person acted in accordance with the character or trait.
Rule 404 - Character Evidence; Crimes or Other Acts - 2019 Federal

 

[Seattle1]

Sam Kraemer‏ @SamKraemerTV
May says a certain statement is in a relevant time period, when they believe Frazee is soliciting Krystal Kenney to commit murder. There’s another statement suggesting Frazee met with a hitman in Breckenridge, showing the planning here. @KOAA #KelseyBerreth #PatrickFrazee

8:50 AM - 18 Oct 2019

Sam Kraemer‏ @SamKraemerTV
May says there’s another statement between the time Berreth went missing & Frazee was arrested that shows Frazee similarly spoke about plans to kill. “We have a missing person that still has not been found,” May says. @KOAA #KelseyBerreth #PatrickFrazee

8:51 AM - 18 Oct 2019

 

[Seattle1]

Sam Kraemer‏ @SamKraemerTV
A separate statement identifies motive, planning and more, May says. He says they have, via witnesses, proof that Frazee beat cattle with a baseball bat. May says that corroborates their evidence on what happened. @KOAA #KelseyBerreth #PatrickFrazee

8:54 AM - 18 Oct 2019

Sam Kraemer‏ @SamKraemerTV
Stiegerwald says the prosecution is flat out misusing the common scheme. @KOAA #KelseyBerreth #PatrickFrazee

8:56 AM - 18 Oct 2019

 

[susiQ]

Looks like our Renaissance man, Sam, may need to add one more "talent" to his repertoire. Maybe we should courier him a copy of the Pitman Shorthand Dictionary so he can embark on a 10 day "crash course."

 

[Seattle1]

Sam Kraemer‏ @SamKraemerTV
Judge says the motion was not timely filed, but he’ll try to address it. He says a typical 404b motion includes police reports. The state’s didn’t. He says that makes it hard for him to believe something happened in preponderance. @KOAA #KelseyBerreth #PatrickFrazee

8:57 AM - 18 Oct 2019

 

[Seattle1]

What is 404(b) evidence and how can it harm… and help you? This kind of evidence is commonly used for the prosecution to show that the defendant has engaged in conduct that is similar to the charges that are against them. However, there are various scenarios where this kind of evidence can aid you in your defense. Sexual assault and domestic violence are the most common types of cases for this kind of evidence but it more generally applies to evidence of other crimes, wrongs, or acts of any person.

What is 404(b) evidence?
404(b) evidence is a rule of criminal evidence to show other wrongs, acts, or crimes. However, this evidence is not submitted for the purpose to prove the bad character of a person, it does have a much larger scope. Evidence submitted under this rule is to show:

1) proof of motive,

2) opportunity,

3) intent,

4) preparation,

5) plan,

6) knowledge,

7) identity,

8) or absence of mistake, entrapment, or accident.

The timing of the act or wrong that is trying to be submitted into evidence is not as important as you would think. The crime or act being submitted does not have to come before the crime being charged, it can be an act that happened after the charges that you are facing. This is important because it forces people to have to be conscious of their behaviors even after someone is charged with a crime.

404(b) evidence doesn’t have to be an act or crime that lead to a conviction. This is extremely important because it goes to the threshold of what is allowed into the courtroom and what is not. All it takes is an accusation that someone has done something similar for the evidence to be submitted to the court. You don’t need paperwork or proof, all you need is someone to come in and say that the defendant (or the victim) has engaged in acts similar to the current charges.

Test of Admissibility
In order for this rule to be relevant evidence, there must be sufficient reason that the person committed the crime and that there is a reason other than to make a statement of someone’s character. Once it is established, again this can be as simple as someone accusing you, that the defendant committed the crime, then there is an analysis that takes place to see if the information is relevant under the 404(b) rule of evidence. This analysis looks like the diagram above.

What is 404(b) evidence? - The Law Office of M. Colin Bresee

 

[PommyMommy]

Looks like our Renaissance man, Sam, may need to add one more "talent" to his repertoire. Maybe we should courier him a copy of the Pitman Shorthand Dictionary so he can embark on a 10 day "crash course."

My jaw is still hanging open at 23,000 pages of statements and 255 witnesses!

MOO

 

[Seattle1]

Sam Kraemer‏ @SamKraemerTV
He says it’s a far cry from real proof of abuse & violence. @KOAA #KelseyBerreth #PatrickFrazee

9:00 AM - 18 Oct 2019

Sam Kraemer‏ @SamKraemerTV
Judge says he does not find an allegation of Frazee abusing an animal is factually relevant in this case. As to Part 2 of the 404b evidence motion, the judge says no. It will not be allowed. @KOAA #KelseyBerreth #PatrickFrazee

8:59 AM - 18 Oct 2019

 

[PommyMommy]

O/T @Seattle1, to block promoted content on Twitter:

1. Go to your Twitter settings by clicking on the gear on the top right and choosing "Settings."
2. Under "Account" (the first page), there is an option called "Promoted content." 3. Uncheck the box by "Tailor ads based on information shared by ad partners."

 

[steeltowngirl]

Beating an animal with a baseball bat is not factually relevant? ummmmmm....

 

[Love Never Fails]

Hmm. So he did meet with a hit man.
So that theory wasn’t so far off base.