On December 2nd, a 7-minute hearing was held stipulating that Krystal Kenney reappear in court on January 28th at 09:00 to be sentenced. The question is how much time Kenney will get in prison:
Three years [the maximum]?
According to The Denver Channel Kenney’s attorney is filing a motion to prove there was no aggravation, as a way to minimize her clients prison sentence.
If the crime is found to have an aggravating factor, like it happened inside Berreth’s townhome, Kenney could face a maximum of three years in prison. If not, she faces a reduced maximum of 18 months, though the crime does not carry mandatory prison time.
Dru Nielsen, Kenney’s attorney, indicated she intends to file a motion citing case law to show Kenney’s actions were not aggravated. Judge Scott Sells gave her a two-week window to file, and then gave prosecutors another two weeks after that to respond.
According to the law there are several factors that can be considered aggravating including:
recidivism, lack of remorse, amount of harm to the victim, or committing the crime in front of a child, among many others.
It’s the position of TCRS that there are in fact aggravating circumstances, including but not limited to the fact that a child was involved [Kenney babysat Kaylee], and Kenney’s failure to exhibit reasonable care before, during and after the crime, in terms of her knowledge through the premeditated phase right through to the disposal. In addition, Kenney – once aware of the police investigation – never voluntarily came forward, but waited for the authorities to contact her. Even then, her initial gambit wasn’t full disclosure.