Nichol Kessinger COULD be prosecuted if…

…If she lived Hawaii, Mississippi, New Mexico, South Dakota,  Utah or North Carolina, and if Nichol was a man, she could be prosecuted via what is known as “tort law” regarding alienation of affection. Couldn’t she?

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1 month before her third pregnancy, Shan’ann was considering divorce – Discovery Documents [25th Tranche]

The “if she was a man” clause in the statement above should give you pause, and should alert you to the sexist nature inherent in this tort law. Where did the this law come from? The apposite question isn’t where but when.

The Alienation of Affection law is an antiquated legal artifact dating back to the 18th century. It was originally a pretty sexist legislation, designed to protect a paternal setup: a husband’s property rights were protected by this law, including the recognition that the wife was the property of the husband during that time. And so a third party cheating with her could be accused of “damaging” the property of the husband. Of course no such law existed then to protect the interests of the other spouse – the wife.

Arguably, society and the law have both changed so much that the law doesn’t necessary protect the rights any more of either spouse during adultery. Although I studied family law for one year at university, I’m no expert on the subject, but it seems clear that it only kicks in due to contractual arrangements, and not by default. Based on whether the couple were married in community of property or not, that will determine to some extent how assets are divide. If married out of community of property, very few protections apply.

According to Vice.com:

Alienation of affection is a type of tort claim, which basically means that a private individual can sue another private individual for doing some kind of wrong to them. For alienation of affection claims specifically, a plaintiff who believes their spouse left them because of the actions of a third party, usually an extramarital lover, can file a lawsuit against that third party.

Robin Lalley is a family law attorney with the firm Sodoma Law who practices in North and South Carolina. Having represented clients on both sides, she says alienation of affection cases are not difficult to win. The most difficult part tends to be proving someone else’s actions played a role in the breakup. That may be more circumstantial, she says, though it does help if the deserted spouse has evidence of the affair, such as texts or photos captured by a private investigator.

“Things like that make it all the more clear to a jury or to a judge that there was some kind of act that would have alienated the affection of your spouse from you,” Lalley says. Also, she adds, “it’s not a necessary element that you prove that your spouse and the third party had sex … Technically, it could be an emotional affair.”

According to local media reporting, about 200 alienation of affection claims are filed every year in North Carolina, though most are settled out of court. When potential clients approach Lalley about filing such a lawsuit, she says she usually asks what they hope to get out of it. “If you want money, then [the third party] has to have money to go after. The average person doesn’t have thousands or millions of dollars just lying around,” she says. “If you’re doing it just on principle, that’s a pretty expensive cause of action to pursue,” considering court costs and attorney fees.

Earlier this year, Keith King, the founder of a BMX entertainment company near Greenville, captured national media attention after he was awarded $8.8 million by a judge after he sued the man who’d been seeing his wife for more than a year. He told WRAL that he realized he’d probably never see that money, but winning his case was more important.


TCRS: Only a man can be sued in this scenario.

More: His wife cheated on him. So he sued the other man for $750,000 — and won. – Washington Post

Suing The Person Your Ex-Spouse Cheated On You With Is Deeply Unchill – Vice.com

Adultery and fornication: Why are states rushing to get these outdated laws off the books? – Salon


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Debunking The TCRS Myths About Chris Watts

The YouTuber below has provided a debunk for the “Chris Watts is a narcissist!” No, actually he isn’t video. What do you think, does she succeed?

I’ve also provided a third video which has an interesting if dubiously relevant explanation of the “covert narcissist”. The scary part is I think I have some of those traits, but doesn’t saying that outright mean I’m not “covert” by definition?

So what am I?

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True Crime In Colorado: Promising New Lines of Inquiry into Nichol Kessinger

The undiscovered country of true crime is undoubtedly social media. Ordinary people leave digital breadcrumbs of themselves online, willy-nilly, randomly, arbitrarily but also authentically. These are off-the-cuff but more important, timestamped and related to a key inner circle of people. These hidden networks reveal plenty about the true social dynamics of the key role players.

Once a crime happens, typically attempts are made to scrub compromising online activity. Kessinger did an impressive job in destroying her virtual identity, but as is typically the case, she wasn’t able to scrub everything.

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The True Crime in Colorado channel has done some good work recently in developing the Kessinger narrative in a meaningful way [as opposed to the ongoing conjecture that has been mostly baseless].

They’ve followed a few leads using Venmo notifications,* and trying to connect these to the discovery as well as timeline-related texts sent between Watts and Kessinger. Fleshing out the timeline is integral to cogent True Crime Rocket Science, which is why there seems to be some – not a lot, but some – new insight here.

The bottom-line with these possible connections to Trent Bolte, Danielle and others, is it provides the cursory apparatus to interrogate the beginnings of “dark things” Watts suggested in his letters to Cheryln Cadle. Were these dark things sexual?

*Note: Venmo is a mobile payment service app owned by PayPal.

Here’s everything you’ve ever wondered about the payment app Venmo – Daily Dot

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2 X Cadaver Dogs Radar and Lucy, Krystal’s Alibi and her father testifies about her “likes to please” Personality – PATRICK FRAZEE TRIAL DAY 6

Recap of Day 5


Day 6

Friday is another cold, glassy clear day in Colorado.

All the effort to burn and dispose of the poor woman’s remains, and the cadaver dogs knew all along there were dead remains.

So Kelsey’s remains were moved twice. From the condo to the Nash Ranch, and from the Nash Ranch to somewhere else where he burned it – southwest of Cripple Creek.


Mid-morning Break


 


Lunch Break




Further Reading:

Patrick Frazee murder trial: ‘I figured out a way to kill her,’ friend testifies Frazee told him – The Denver Channel

Patrick Frazee murder trial: K-9 handlers say dogs hit on items tied to Kelsey Berreth’s killing – The Denver Channel

Patrick Frazee murder trial: Defense questions why Kenney never alerted anyone to murder plot – The Denver Channel

Patrick Frazee trial: Star witness stands ground under cross-examination, declaring, ‘It’s the truth’ – The Gazette

Krystal Kenney Testifies about Where Kaylee was during Murder, Disposing of Kelsey’s Remains, Cover-up – PATRICK FRAZEE TRIAL DAY 5

Some new voices have joined the throng of mainstream coverage of the Patrick Frazee case, this bright blue morning on Day 5.

She said she never called police out of fear that she’d be blamed, and that Frazee would call someone to kill her, too.

SOURCE: THE GAZETTE

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In the afternoon session, Kenney faced aggressive cross-examination from Frazee’s defense team.

Think of it – Kenney driving for hours from Idaho with a murder weapon in her vehicle, and murder in heart and mind. Irrespective of what she did or didn’t do, malintent was clearly present.



 

Further Reading:

Patrick Frazee trial: Video shows prosecution’s star witness pointing to spot where Kelsey Berreth was allegedly burned – The Gazette

Video shows witness in Patrick Frazee trial pointing to spot where Kelsey Berreth was allegedly burned – Pikes Peak Courier

Krystal Kenney Testifies about carrying Frazee’s child, abortion – PATRICK FRAZEE TRIAL DAY 4

Call it True Crime Rocket Intuition [TCRI] but I had a feeling Kenney would be called to the stand today. As the prosecution’s star witnesses it makes sense that they would construct their narrative – their entire case – essentially, around her. And so once the FBI’s Kevin Hoyland’s testimony was done [Hoyland did the Phone Data Review in the Chris Watts case], in terms of the phone narrative, it was only logical to assume Kenney would step in and provide her essential piece to the prosecution’s puzzle.

Her testimony, when it came, came after the tea break at about about 11:00 local time on the morning of Trial Day 4.

The setup inside the court, according to The Gazette is described as:

 …a packed courtroom with creaky seats and poor acoustics…

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At 12:10 the court went into lunch recess, and the speculation turned out to be true as the first tweets went out summing up the morning session.

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More coverage from the afternoon session:

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The very last session of the day was the most emotionally brutal of all for witness #24…


At roughly 1:30 p.m., the man investigators say is Frazee, 33, entered the home with Berreth, who was carrying poinsettias, and their infant daughter, Kaylee.

“This is the last image I ever recovered of Kelsey Berreth, period,” Mininger said. Investigators say she was never heard from after that.

And when the man leaves later that afternoon, he is seen carrying the baby, Mininger said. The person on camera is wearing a light-colored T-shirt and ballcap. 

SOURCE: The Gazette


Further Reading: 

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Patrick Frazee murder trial: Krystal Kenney explains multiple plans to kill Kelsey Berreth – The Denver Channel

Patrick Frazee murder trial: Krystal Kenney explains longtime relationship with Frazee, 2016 abortion – The Denver Channel

PATRICK FRAZEE TRIAL: Cellphone records rebut rancher’s claims, witnesses say – The Gazette

The records also showed calls between Frazee and his mistress, Krystal Lee Kenney, the beginning Thanksgiving evening and into the next day. Kenney was in Idaho on Thanksgiving Day and began driving to Colorado on Nov. 23

Patrick Frazee trial: Defendant’s mistress Krystal Lee Kenney the focus as trial opens – The Gazette

Kenney primed for key witness role in Frazee murder trial – The Denver Channel

Latest Conspiracy: “Nichol Kessinger’s truck spotted on August 15 [exclamation mark]”

YouTubers are really scraping the bottom of the barrel trying to come up with new Chris Watts-related stuff. It wouldn’t even be fair to call this stuff “tenuous links” to the case. It’s linked to the case in the same sense that the sky above the house, and gravity under it are also linked to the rest of the neighborhood. Correlation doesn’t not imply causation, they say, but even these images aren’t correlated to actual people involved, that’s how poor the standard of true crime application is by these folks.

The latest tail-chase is car spotting, preferably red or white vehicles, using the Bodycam footage. In YouTubeLand the standard to meet is weak visual coincidences and an audience that wants to stay in Wonderland.

Spot the differences:

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Defense Pokes Holes in Inconclusive Surveillance Footage – PATRICK FRAZEE TRIAL DAY 3

When does video footage qualify as evidence? Simple – when it’s high-quality and unambiguous. What then if it’s low quality and ambiguous, is it entirely useless as evidence? Not quite.

More: Patrick Frazee trial: Defense questions timeline, lack of black tote in surveillance photos – The Denver Channel

Patrick Frazee trial: Camera spotted Frazee at Kelsey Berreth’s home 11 times on day of alleged killing, investigator testifies – The Gazette

All the defense needs to do is provide a measure of reasonable doubt. And yes, there is some. There is talk that there is more evidence implicating Kenney than Frazee. Maybe, but the surveillance video doesn’t suggest she was there on November 22nd. That doesn’t seem to be something addressed by either legal counsel.

Yet another police officer affiliated with the investigation is identified. This time it’s WPPD Corporal Beth Huber. Huber did a review of the CCTV surveillance from Safeway.

If Frazee is innocent, then why is it that there’s an impression of him being less than honest? For example:

And then there’s this problem:

There’s also the issue that Frazee was late for completely missed a scheduled Thanksgiving Dinner with his mother and brother that day.  What was he supposedly doing all afternoon that afternoon that held him up?

When Sean does encounter his brother he seems to be “acting normal”, as does 1-year-old Kaylee. This raises a question – if there was a murder that day, wouldn’t Kaylee have witnessed it in some way, and if she did, wouldn’t she be traumatized?


True Crime Intertextualities:

1. Kelsey not seen taken out of her home [neither was Shan’ann].

2. Video evidence matters, but not necessarily sufficient.

3. The defense alleged prosecution’s footage has been manipulated to overstate their case. They cite strange incongruous shadows that don’t match up with chronological lighting, unless cloud cover played a role.

4. Just as happened during the Watts case, the first hearing in November coincided with mid-term elections. The same thing interrupted – and arguably interfered with – coverage of the Frazee trial.

4. Frazee “appears normal” after the alleged incident.


Differences:

If Chris Watts blundered by not removing Shan’ann’s purse, keys, car and meds, Frazee has the opposite problem. Why is Kelsey missing, but food is on the table, her cars are out back, but her personal possessions [including phone] are gone and apparently on the move?


Further Reading:

Kelsey Berreth murder case: Patrick Frazee’s brother — who is a Colorado police officer — takes stand in murder trial – Denver Post

Last images showing Kelsey Berreth alive shown at Patrick Frazee trial – KDVR

‘YAY The Witch Is Dead’ Post In Kelsey Berreth Case Is Just ‘Strange Coincidence,’ Authorities Say – Oxygen