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.
At 4:14 in the clip below Krystal Kenney describes the books added to the burn trough on Frazee’s ranch.
“Um…uh…one of them was her…um…I would imagine it was a bible. [sniff]”
No need to imagine, you were there. A new candidate for most-hated woman in America?
It’s strange how “sniffy” Kenney is in the walk-through of Kelsey’s home. . Grief, or some other problem with her nose? Investigators have to drag every detail out of her.
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…
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.
More coverage from the afternoon session:
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
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