“You need to get a plea agreement, or you want to get some conviction against her without compromising, ultimately, what you want to accomplish in the murder trial,” Longo said. Longo said they need to keep Kenney on board as a witness, while still holding her accountable for the alleged crime. “Her kind of reversing and not sure if she’s gonna enter a plea deal or recanting statements is interesting, because you wonder whether or not she just doesn’t like the plea deal she’s getting and wants to leverage her position as a key witness against the defendant,” Longo said. Stephen Longo, an attorney with McDivitt Law Firm, said it appears Kenney is trying to leverage her position as a possible key witness in the case against Patrick Frazee to try and get a lesser sentence in her case, if convicted. Kenney hereby revokes and rescinds all releases, waivers and authorizations for the release of information which she may have heretofore made, and she hereby asserts all of her rights and privileges under Colorado’s privilege rules, statutes and principles…,” Nielsen said in the document. They also seek all handwritten or typed notes about this case from investigators.īut the final demand, the “Revocation of all releases and waivers and assertion of all rights and privileges”, shows the defense is looking to protect Kenney from overreaching prosecution.
The document includes the demanded release of “Evidence that a prosecution witness has a motive or bias because he or she has entered into an agreement with the prosecution, received leniency from the state, or has outstanding litigation or cases with a prosecutorial agency…” That includes information that could eventually lead to tossing out testimony from witnesses, based on certain factors. Nearly all of them focus on ensuring prosecutors turn over all information and evidence relevant to the case, so they can provide fair representation. In Colorado, that’s a Class 6 felony - punishable by 12-18 months in jail, as well as fine between $1,000 and $100,000.ĭru Nielsen, Kenney’s defense attorney, filed a list of nine discovery demands this week. More specifically, prosecutors allege Kenney destroyed evidence related to the case on Nov. Krystal Kenney, 32, of Hansen, Idaho, faces one count of tampering with physical evidence. None of the prosecution’s witnesses explicitly said whether, how or when they believe Morphew used the tranquilizer gun on Suzanne.COLORADO SPRINGS – New court documents in the case against a second suspect in the presumed murder of Kelsey Berreth reveal an attempt at using leverage, according to legal experts. The prosecution repeatedly brought up the tranquilizer gun, empty darts and a cap found in the dryer that is used with a syringe to fill the darts with tranquilizer chemicals. The defense also played body camera footage that showed Chaffee County sheriff’s deputies stating that they didn’t believe a tranquilizer dart gun found in Morphew’s gun safe functioned. Under questioning by defense attorney Nielsen, retired FBI Agent Jonathan Grusing said that multiple dogs trained to detect decomposing bodies did not alert to such evidence in Barry Morphew’s truck. The duo of defense attorneys elicited testimony from investigators that did not support the prosecution’s theory of the alleged crime. Cahill said the forensic scientist described the glovebox DNA as “limited genetic data.”
Prosecutors tried to downplay the validity of the DNA matches while cross-examining Cahill, the CBI agent.
DRU NIELSEN TRIAL
Murphy sealed the affidavit citing Morphew’s right to a fair trial and the need to protect the Morphews’ two daughters. The 130-page arrest affidavit detailing the case against Morphew remained sealed Tuesday, though the judge will decide Sept. Prosecutors’ theory - outlined through three days of questioning during the preliminary hearing - is that Morphew killed Suzanne on the evening of May 9 before leaving early on May 10 to work in Broomfield.ĭuring the four days of testimony, however, neither prosecutors nor the case’s lead investigators provided evidence about how Morphew allegedly killed his wife or how he allegedly disposed of her remains.
Searchers found her mountain bike at the bottom of a steep ditch off Chaffee 225 and her bike helmet less than a mile away. Digital Replica Edition Home Page Close MenuĪ neighbor reported Suzanne missing on May 10, 2020, which sparked massive searches for her.
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