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

[GoJacks]

Not yet, the jury should be finalized today I guess. The plan was for opening statements to begin on Friday afternoon, and it looks like everything is on track.

The flow of information will be delayed, as the judge will not allow Tweeting from the courtroom. During each break, reporters will rush outside and file their updates/send their Tweets.

So the trial will be covered, but we won’t have instant updates like we had during the preliminary hearing.

Shoot, as far as I've seen, there is nothing happening today in regards to the trial. Looks like they are trying to finish jury selection up Friday morning.

I'm not really understanding the reasoning behind no court today. I mean, I guess I would need a break from PF as well.

This seems like too much work to cut 90+ down to 16 by noon Friday though. Wouldn't be surprised if it ends up starting Monday.


Edit to say: I'm going to be so pissed if that tent is only for PF to walk through. If I'm going to Teller County I better get to walk my through that infamous tent.

....I'm going to catch my own charge at this rate.

 

[MassGuy]

Shoot, as far as I've seen, there is nothing happening today in regards to the trial. Looks like they are trying to finish jury selection up Friday morning.

I'm not really understanding the reasoning behind no court today. I mean, I guess I would need a break from PF as well.

This seems like too much work to cut 90+ down to 16 by noon Friday though. Wouldn't be surprised if it ends up starting Monday.

That’s right, they did say something to the effect of nothing being scheduled today.

Regardless, they knew this yesterday, and still expressed confidence that this would begin tomorrow afternoon.

 

[?mysterian?]

That’s right, they did say something to the effect of nothing being scheduled today.

Regardless, they knew this yesterday, and still expressed confidence that this would begin tomorrow afternoon.

Yeah, and I'd bet by now each side knows who they want on the jury and who they don't.

 

[Mind your biscuits]

So, no reporting from on court premises right? Cross off smuggling a pigeon under the reporters coat then. Hmmm, we need a drone looking and listening at the window. Just kidding.

 

[MyBelle]

Shoot, as far as I've seen, there is nothing happening today in regards to the trial. Looks like they are trying to finish jury selection up Friday morning.

I'm not really understanding the reasoning behind no court today. I mean, I guess I would need a break from PF as well.

This seems like too much work to cut 90+ down to 16 by noon Friday though. Wouldn't be surprised if it ends up starting Monday.


Edit to say: I'm going to be so pissed if that tent is only for PF to walk through. If I'm going to Teller County I better get to walk my through that infamous tent.

....I'm going to catch my own charge at this rate.

I think today gives both legal teams the time needed to carefully analyze their notes and also the questionnaires the jurors filled out in order to "rank" them.

JMO

 

[?mysterian?]

So, no reporting from on court premises right? Cross off smuggling a pigeon under the reporters coat then. Hmmm, we need a drone looking and listening at the window. Just kidding.

Or signaling mirrors. Or semaphore flags. Naw, too distracting.

Or reporters switching electronic devices/notepads at breaks. Yeah, that might work. Or a stealth drone, like you said.

 

[susiQ]

Well, of course the prosecution's biggest witness (tm @MassGuy) would need her own tent.

What a rough day for the bovines and brown m&ms though.

Okay......I'm gonna let you guys have a laugh at MY expense. I'm feeling a bit "left out." Maybe I'm slow, naive or just didn't catch it the first time around What are brown m&m's??

 

[Seattle1]

Okay......I'm gonna let you guys have a laugh at MY expense. I'm feeling a bit "left out." Maybe I'm slow, naive or just didn't catch it the first time around What are brown m&m's??

Awwww @susiQ -- thank's for asking what inquiring minds want to know!

 

[susiQ]

Shoot, as far as I've seen, there is nothing happening today in regards to the trial. Looks like they are trying to finish jury selection up Friday morning.

I'm not really understanding the reasoning behind no court today. I mean, I guess I would need a break from PF as well.

This seems like too much work to cut 90+ down to 16 by noon Friday though. Wouldn't be surprised if it ends up starting Monday.


Edit to say: I'm going to be so pissed if that tent is only for PF to walk through. If I'm going to Teller County I better get to walk my through that infamous tent.

....I'm going to catch my own charge at this rate.

If you recall, Steigerwald was dismayed at receiving a year's worth of discovery in two weeks. He needs more time! Judge Sells gave him an extra day, just for fun

 

[steeltowngirl]

Okay......I'm gonna let you guys have a laugh at MY expense. I'm feeling a bit "left out." Maybe I'm slow, naive or just didn't catch it the first time around What are brown m&m's??

It’s a nod to Van Halen and a clause they used to put in their contracts.
Van Halen's Legendary M&M's Rider

ETA Don’t worry it’s just that I’m THAT old that I remember this lol

 

[?mysterian?]

Okay......I'm gonna let you guys have a laugh at MY expense. I'm feeling a bit "left out." Maybe I'm slow, naive or just didn't catch it the first time around What are brown m&m's??

No one's gonna laugh susiQ. steeltowngirl posted that since KK was a 'star' witness she'd demand her own tent (since PF's got one at the courthouse entrance) and also no brown m&ms. A 'star' demands ridiculous, crazy things sometimes, and having someone pick out whatever color of m&ms candy a 'star' doesn't like could be considered a crazy, ridiculous requirement, but one that a 'star' could ask for and receive. So really, brown m&ms ain't no thing.

ETA: yes! Van Halen! I couldn't remember who exactly had that contract rider.

 

[susiQ]

It’s a nod to Van Halen and a clause they used to put in their contracts.
Van Halen's Legendary M&M's Rider

ETA Don’t worry it’s just that I’m THAT old that I remember this lol

Thanks for that piece of trivia!! The reason for doing it makes sense to me

I don't think you're older than me, just more "up-to-date."

 

[GordianKnot]

No camera recording on courthouse property. No live-reporting. No sketch artist.

This is.. quite restrictive.

#KelseyBerreth #PatrickFrazee #KrystalKenney @KOAA

Sam Kraemer on Twitter

People v. Frazee: The Court has ruled on the Motion to Allow EMC NBC News. Motion DENIED. A sketch artist will not be permitted in court or the courthouse per the standing decorum order. courts.state.co.us/userfiles/file…

Rob McCallum on Twitter

B.B.M.

What.
The.
Sells.

No SKETCH ARTIST, even?!?

 

[Aydrianna523]

What in the wide, wide world of sports is going on here?!?

What's next, PF's l'il tent of secrecy is moved into the courtroom and erected over the defense table so no one can see him? Or will they just turn the public seats around to face the rear of the courtroom?

How in the %#€*? would a sketch artist violate the decorum order?

I want to know what other special treatment Mr. Don't-Look-At-Me has been getting while he's been a guest at the graybar hotel.

Here's the new ruling https://www.courts.state.co.us/userfiles/file/Court_Probation/04th_Judicial_District/Teller/caseofinterest/2018CR330/Order_ Motion to Allow EMC NBC News.pdf

ETA: From the ruling: "The motion/proposed order attached hereto: DENIED.

I have reviewed the motion. I am concerned about the privacy of jurors, witnesses and maintaining the integrity of the proceedings. A prior Decorum Order has been entered that prohibits any photographs in Division 11, the courthouse or courthouse grounds. A sketch artist drawing pictures for publication would be a violation of the Decorum Order. The motion is Denied. "

Concerned about jurors, witnesses, and integrity.... I guess pf falls under integrity!!!

 

[Aydrianna523]

"Judges are held to high legal and ethical standards. They must treat all people in their courtrooms with fairness and impartiality. Judges who show favoritism in court or who commit judicial errors that create unfair results face consequences. Judges must avoid even the appearance of favoritism so that the courts remain respected, reliable forums for justice."

What to Do When a Judge Is Unfair

I can't help but feel there's some impartiality for PF with this judge

I kinda think so too. Now I'm getting nervous about justice being served....

 

[GordianKnot]

Concerned about jurors, witnesses, and integrity.... I guess pf falls under integrity!!!

 

[Ccging]

I kinda think so too. Now I'm getting nervous about justice being served....

I’d be more worried if it was a bench trial, I’m confident in DA May and that they have the right jury and that PF is going down.

I’m not sure and maybe one of our attorneys could answer but if the DA felt the judge was being too partial to PF could they file a Motion for Recusal?

 

[Love Never Fails]

"Judges are held to high legal and ethical standards. They must treat all people in their courtrooms with fairness and impartiality. Judges who show favoritism in court or who commit judicial errors that create unfair results face consequences. Judges must avoid even the appearance of favoritism so that the courts remain respected, reliable forums for justice."

What to Do When a Judge Is Unfair

I can't help but feel there's some impartiality for PF with this judge

Both PF and KK. Teller County is a tight knit community. Frazees are known there. Kelsey was not. I feel this judge has been partial from the start and that’s a scary thing. Even the tweets aren’t telling us about the words of the attorneys or judge. Something isn’t right.

 

[Snowsnake]

I’m super curious as to the defense strategy also. Other than trying to go after KK and her credibility I can’t think of any other strategy. Maybe a PF is gonna say KB gave him her phone and told him to send those texts, that’s why their phones were together? (Just one example of them trying to explain the evidence).

PF can’t say anything without taking the stand. That would be like a dream come true for the prosecution. PF will never take the stand, but he will appeal until his death.

 

[MassGuy]

A truly heartwarming piece from Sam:

Tad DiBiase worked as an assistant U.S. attorney for more than a decade in Washington D.C. He said having evidence of the victim's body is a pivotal piece to solving a murder and charging the suspect responsible.

"The body is really the best piece of evidence in a murder case. When you have the body, you typically will know how the murder happened," DiBiase said.

However, statistics show it's not as much of a problem for prosecutors as one might think.

The Bureau of Justice Statistics reports so-called "no body" murders carry a conviction rate of 88 percent. That's compared to just 70 percent for murders where the victim's body or remains are included in the evidence.

<Snip>

DiBiase said the high rate, though initially surprising, is partially explained by the prosecutors' case selection.

"When a 'no body' case goes to trial, a prosecutor is only going to take the strong cases to trial, because there's such an obvious defense if you don't have the body," DiBiase said.

<Snip>

That's why the cell phone data used as evidence will be key, just as Mark Pfoff, a former El Paso County detective, told News 5 days before Frazee's arrest.

"Back in the 60s, finger prints were huge in helping to solve a case. In the 80s and 90s, DNA," Pfoff said on Dec. 18. "In the 21st century, cell phones and technology are the new DNA."


FRAZEE TRIAL: "No body" murder trials carry high conviction rates