CO CO - Kelsey Berreth, 29, Woodland Park, Teller County, 22 Nov 2018 - *Arrest* #58

[Hatfield]

My money is on the prosecution. This case is mostly circumstantial, and the jury will be required to put the pieces together.

It comes easy to some people, but not to others.

Especially if your reference point is tv and movies (CSI effect).

While we wait for news updates about their opening statements, my biggest fear right now, which is growing again, is that the jury will not believe the prosecution's star witness, and they may throw out all her testimony.

If the defense is able to show the jury where she has lied in the past and if the defense is able to show where she tried to kill KB herself on 3 different occasions, and if the defense can show she was a personal long time friend of PF, then I have a real concern that the jurors may throw out all her testimony.

Like has been discussed before, we know the prosecution has other evidence that should show PF as guilty. I just hope they are able to do that if for some reason the jury decides, amongst themselves, that they are going to disregard all testimony from KK.

 

[PiertotumLocomotor]

With respect, it is open to the public. Anyone can walk right in. The Court is full of reporters who are reporting multiple times a day. Who will write detailed pieces reporting on and explaining what happened during the day. What you want are not public trials but live-streamed trials on television. Many of our Bill of Rights protections stem from the English and early American trend of show trials where defendants were not given fair hearings but rather served as pawns for overzealous attorneys. There is a Constitutional right to a fair trial and some people, quite reasonably, could believe that doesn't mean every nosy nelly at home has a right to watch every second of it.

Thank you for sharing. It helps to better understand even though it’s still frustrating.

I don’t agree with no video or voice recording, but like others said, it is what it is and isn’t going to change for this particular trial.

 

[MassGuy]

While we wait for news updates about their opening statements, my biggest fear right now, which is growing again, is that the jury will not believe the prosecution's star witness, and they may throw out all her testimony.

If the defense is able to show the jury where she has lied in the past and if the defense is able to show where she tried to kill KB herself on 3 different occasions, and if the defense can show she was a personal long time friend of PF, then I have a real concern that the jurors may throw out all her testimony.

Like has been discussed before, we know the prosecution has other evidence that should show PF as guilty. I just hope they are able to do that if for some reason the jury decides, amongst themselves, that they are going to disregard all testimony from KK.

They don’t have to like her, and they don’t have to believe everything she says.

But if these people are unable to comprehend the fact that her account is supported by the evidence, then the prosecution never had a chance.

Only one person is on trial for murder, and only one person ever will be. This is it.

Choose wisely.

 

[Mimi in London]

Cool!
Do we have any roll call folks present from outside the US? (I’m USA)

Yep. Looking forward to a fortnight of late, late nights!

 

[MassGuy]

Is this the actual courtroom?

KKTV 11 News on Twitter
Jury In Patrick Frazee Case Has Been Selected http://bit.ly/2N87f8N

2:10 PM - 1 Nov 2019

No. It’s a stock photo.

 

[Seattle1]

Oct 30, 2019

"We wouldn't even know where the murder happened in the apartment, even which room or where it happened at all, without her testimony," May said. bbm

[...]

Kenney looks to be a pivotal player in the state's case, but others fear her role in the crime and previous behavior will make her an easy target for the defense.

That interview with police revealed she did much more than the single count of evidence tampering she pleaded guilty to in February.

At Frazee's request, she came to Colorado three different times with three different plans to kill Berreth, according to prosecutors.

[...]

Kenney faces a maximum sentence of three years if the crime is found to be aggravated, but the charge does not carry a mandatory sentence, meaning Kenney could walk free. Her sentence was delayed until after Frazee's trial.

Kenney primed for key witness role in Frazee murder trial

Prosecutor needs to focus on how KK corroborates the evidence. And the jurors can hate KK as much as the rest of us.

MOO

 

[Hatfield]

its Saturday morning coffee in Australia!

thank you in advance all the hunter gatherers. love you all for what you do! x

"Crickey" I think you have the record for the longest distance from the courtroom.

 

[MassGuy]

Oct 30, 2019

"We wouldn't even know where the murder happened in the apartment, even which room or where it happened at all, without her testimony," May said. bbm

[...]

Kenney looks to be a pivotal player in the state's case, but others fear her role in the crime and previous behavior will make her an easy target for the defense.

That interview with police revealed she did much more than the single count of evidence tampering she pleaded guilty to in February.

At Frazee's request, she came to Colorado three different times with three different plans to kill Berreth, according to prosecutors.

[...]

Kenney faces a maximum sentence of three years if the crime is found to be aggravated, but the charge does not carry a mandatory sentence, meaning Kenney could walk free. Her sentence was delayed until after Frazee's trial.

Kenney primed for key witness role in Frazee murder trial

Prosecutor needs to focus on how KK corroborates the evidence. And the jurors can hate KK as much as the rest of us.

MOO

Exactly. It’s about putting hate and emotion aside, and focusing on if what she says is corroborated by the evidence.

Some people hate her so much, they just can’t do that. She’s evil, so she must be the real killer. Or something.

I hate her as much as anyone, but I believe that the evidence fully supports her account.

She offers color and clarity to the events, and can explain how this all went down.

 

[gitana1]

Most criminal cases are circumstantial cases. Direct evidence is: eyewitness to the crime, confession by the perp, or video of the crime. Everything else is, by definition, circumstantial evidence.

Yes!! Even DNA and fingerprints are circumstantial. Most people don’t know that!

 

[Madeleine74]

I sure hope the 'negative nellies' who get scared and then insist a jury will never convict get ahold of themselves throughout this case and wait till it's over. Seems to happen in almost every murder case.

 

[Madeleine74]

Yes!! Even DNA and fingerprints are circumstantial. Most people don’t know that!

Well I do, and I point it out on almost every case I follow (probably every case I follow, come to think of it). It's one of those 'things' that compels me when someone says, "it's just a circumstantial case." I can't help myself, out comes my lectern to educate.

 

[Mercedes]

Mark my spot

 

[gitana1]

While we wait for news updates about their opening statements, my biggest fear right now, which is growing again, is that the jury will not believe the prosecution's star witness, and they may throw out all her testimony.

If the defense is able to show the jury where she has lied in the past and if the defense is able to show where she tried to kill KB herself on 3 different occasions, and if the defense can show she was a personal long time friend of PF, then I have a real concern that the jurors may throw out all her testimony.

Like has been discussed before, we know the prosecution has other evidence that should show PF as guilty. I just hope they are able to do that if for some reason the jury decides, amongst themselves, that they are going to disregard all testimony from KK.

The thing is, her testimony is corroborated by the evidence they have and that evidence likely precludes her from being the killer. So combining the two together I believe the jury can determine that although she’s a criminal her testimony as to the essentials of what happened, is credible.

 

[gitana1]

Well I do, and I point it out on almost every case I follow (probably every case I follow, come to think of it). It's one of those 'things' that compels me when someone says, "it's just a circumstantial case." I can't help myself, out comes my lectern to educate.

Good for you!!!

 

[gitana1]

Well I do, and I point it out on almost every case I follow (probably every case I follow, come to think of it). It's one of those 'things' that compels me when someone says, "it's just a circumstantial case." I can't help myself, out comes my lectern to educate.

You’re on a roll, girl. Love it.

 

[Madeleine74]

You’re on a roll, girl. Love it.

Inside of me there's a prosecutor doubled over in pain, trying to get out. I say that because I'm short and this inner prosecutor is tall. I really like following the prosecution in a case to see what they do and how they do it.

 

[gitana1]

With respect, it is open to the public. Anyone can walk right in. The Court is full of reporters who are reporting multiple times a day. Who will write detailed pieces reporting on and explaining what happened during the day. What you want are not public trials but live-streamed trials on television. Many of our Bill of Rights protections stem from the English and early American trend of show trials where defendants were not given fair hearings but rather served as pawns for overzealous attorneys. There is a Constitutional right to a fair trial and some people, quite reasonably, could believe that doesn't mean every nosy nelly at home has a right to watch every second of it.

Absolument! (Said with a French accent).

Really good post.

 

[susiQ]

While we wait for news updates about their opening statements, my biggest fear right now, which is growing again, is that the jury will not believe the prosecution's star witness, and they may throw out all her testimony.

If the defense is able to show the jury where she has lied in the past and if the defense is able to show where she tried to kill KB herself on 3 different occasions, and if the defense can show she was a personal long time friend of PF, then I have a real concern that the jurors may throw out all her testimony.

Like has been discussed before, we know the prosecution has other evidence that should show PF as guilty. I just hope they are able to do that if for some reason the jury decides, amongst themselves, that they are going to disregard all testimony from KK.

MOO
KK's tears wouldn't get any sympathy from us, but they may get her some from the jurors. They may see her as another victim of PF. I don't believe she's a victim but, I'm o.k. with that. I'm guessing she has a lot more to tell about PF than we've heard so far. Remember, she's betting on her own testimony too. If PF is found not guilty, I venture to say, she's a dead woman walking and she knows it. We all know what he's capable of.

 

[Seattle1]

Lance Benzel‏ @lancebenzel
Jurors said they were clear they can consider only the evidence introduced in court. Not by reading media, not by doing personal research, which are both barred.

12:10 PM - 1 Nov 2019

Lance Benzel‏ @lancebenzel
District Attorney Dan May used the example of a “bunny” leaving tracks in the snow. You didn’t see the bunny, but you know it was there.

12:08 PM - 1 Nov 2019

Lance Benzel‏ @lancebenzel
“I’m not a subjective reasoner, and that’s the way it is,” one man said before getting the boot. Again, circumstantial evidence isn’t subjective as a matter of law.

12:07 PM - 1 Nov 2019

 

[Madeleine74]

While we wait for news updates about their opening statements, my biggest fear right now, which is growing again, is that the jury will not believe the prosecution's star witness, and they may throw out all her testimony.

Buck up, Hatfield. You've opined this fear or something akin to the jury refusing to convict in most every murder case. How about sending some positive energy to the ADA & team.