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Speaker 1: A twenty nine year old new mother goes missing. We

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Speaker 1: now know Kelsey Barrett was murdered in the last hours.

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Speaker 1: A stunning development in the case. The mistress of her

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Speaker 1: long time fiance has had her sentence vacated. What does

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Speaker 1: it all mean? How did the whole thing start? Listen?

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Speaker 1: Thanksgiving is the last known time Kelsey Barrett was seen

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Speaker 1: in public. It was at this Safeway store where she

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Speaker 1: was captured by the store's security cameras. Cheryl Barrett says

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Speaker 1: she spoke with Kelsey by phone that day twice. What

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Speaker 1: did you talk about that day? Oh, it was just

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Speaker 1: small things, And initially she needed a recipe. Based on

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Speaker 1: that conversation, there was nothing to make you believe there

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Speaker 1: is anything wrong exactly. Yeah, her voice was fine, she

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Speaker 1: was Yeah, it was a normal day for her, a

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Speaker 1: recipe for a meal that Kelsey Barrett was cooking that

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Speaker 1: night for her a long time fiance. That fiance patrick frazy.

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Speaker 1: So why would she be cooking a meal for her

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Speaker 1: fiance that not along with their little baby girl and

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Speaker 1: then suddenly just bug out and disappear. She didn't. You

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Speaker 1: were just hearing our friend Joe Fryer at the Today

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Speaker 1: Show take a listen to this. Her brother traveled to

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Speaker 1: Colorado to help find her, posting. After arriving at Kelsey's

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Speaker 1: house and combing through her things, we know one thing

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Speaker 1: is certain. Kelsey did not pack to go anywhere. All

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Speaker 1: luggage is here, her purse is all that seems to

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Speaker 1: have gone. Barrett's cars are still in Colorado, and police

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Speaker 1: tell me they have searched her home for clues and

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Speaker 1: are working closely with her family to learn more about her,

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Speaker 1: including her life on social media and anyone she's been

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Speaker 1: in contact with. You were just hearing our friend Mariah

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Speaker 1: Villereale at CBS News joining me an all star panel

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Speaker 1: to break it down and put it back together again

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Speaker 1: in the last hours. A bombshell in the case of

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Speaker 1: Kelsey Barrett, a beautiful young mom we now know to

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Speaker 1: be dead, even though her body has never been found.

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Speaker 1: With me. Criminal defense attorney renowned who practices throughout the

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Speaker 1: country in federal court, Ken Belkin. Doctor Bethany Marshall, Psychoalence

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Speaker 1: to the Stars, joining us out of la star of

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Speaker 1: a new series, Bling Empire on Netflix, and you can

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Speaker 1: find her at doctor Bethany Marshall dot com. Professor Forensics

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Speaker 1: Jacksonville State University, author of Blood Beneath My Feet on

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Speaker 1: Amazon and star of a new series on True Crime

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Speaker 1: Network Poisonous Liaison's Death investigator Joseph Scott Morgan. But first

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Speaker 1: two special guests joining us from KKTV Eleven Ashley Franco. Ashley,

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Speaker 1: thank you so much for being with us. When the

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Speaker 1: brother first went into the home where Kelsey Barrett lived

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Speaker 1: with her daughter, her little baby girl, of course, the fiance,

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Speaker 1: Patrick Frasie, did not live in the condo with her.

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Speaker 1: He really didn't see anything at all wrong, did he,

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Speaker 1: Ashley right, He went in there and he didn't see

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Speaker 1: a thing out of place, and that was a little

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Speaker 1: bit shocking to them. Obviously, her purse and her keys

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Speaker 1: weren't there, but everything else seemed to be in place.

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Speaker 1: Only now in a retrospect do we realize a horrible

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Speaker 1: and bloody crime scene had gotten the quote woman's touch.

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Speaker 1: Take a listen to a neighbor who could shed light

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Speaker 1: on what helped what happened with Kelsey. Take a listen

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Speaker 1: to our friend Sam Kramer at ko AA. What do

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Speaker 1: you remember seeing Thanksgiving day just up the road here?

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Speaker 1: I looked up there and there was both red pickups

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Speaker 1: up there Thanksgiving Day and that was from about twelve

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Speaker 1: thirty to one. She says she never saw anybody, but

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Speaker 1: the information aligns with what Frasey told police Thereugh his attorney,

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Speaker 1: saying he picked up their daughter sometime Thanksgiving Day. The

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Speaker 1: Safeway surveillance video includes a twelve oh five time stamp,

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Speaker 1: meaning the truck would have arrived shortly thereafter. The other

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Speaker 1: two cars were parked with the vehicles facing the apartment,

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Speaker 1: but his was parked sideways behind them. The neighbor says

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Speaker 1: it's the same chunk she's seen the last two years

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Speaker 1: driven by a man picking up and dropping off of baby.

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Speaker 1: And when I showed her video of Phrasie's truck towed

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Speaker 1: off his property Friday, she says, it looks the same.

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Speaker 1: So now we're understanding Patrick phrase. If Yancey's truck had

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Speaker 1: her Kelsey Barrett basically blocked in like a tea bone

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Speaker 1: in that condo. When I said the condo got the

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Speaker 1: woman's touch, this is what I mean. Take a listen

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Speaker 1: to Jennifer meccles at nineties Denver. Chrystal Lee has to

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Speaker 1: find that she and the defendant, Patrick Frazy had a

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Speaker 1: long and complicated relationship. She said Patrick killed Kelsey, the

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Speaker 1: mother of his child, with a baseball bat, and that

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Speaker 1: Crystal Lee has helped clean up the crime scene. Cristel

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Speaker 1: pleaded guilty to tampering with evidence in this case, and

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Speaker 1: this morning, Cristel told the jury that the terms of

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Speaker 1: her plea deal were for her to tell the truth.

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Speaker 1: She said that has not been easy back when this

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Speaker 1: first started and now as she testifies. But when prosecutors

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Speaker 1: asked her why she decided to tell the truth, Cristel

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Speaker 1: answered this quote, I couldn't have lived with what I knew,

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Speaker 1: and Kelsey's family deserves to know what happened. Straight out

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Speaker 1: to Ashley Franco KKTV eleven News, Colorado Springs. Ashley, what

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Speaker 1: now do we know happened in kelsey barris condo with

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Speaker 1: her baby nearby? Well, we were told that Thanksgiving Day

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Speaker 1: that Patrick Frazy had gone in and blindfolded Kelsey, had

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Speaker 1: candles sitting out, that we're all lit as some sort

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Speaker 1: of a game, perhaps to maybe spice up their romance life.

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Speaker 1: And we were told by Chrystal Lee that Patrick Crazy

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Speaker 1: killed Kelsey with a baseball bat and beat her multiple

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Speaker 1: times with their one year old sitting in the room

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Speaker 1: right next door. So let me understand this. Ashley Franco KKTV,

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Speaker 1: the mistress. I believe it's a rodeo queen. Crystal Kenny,

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Speaker 1: single mom. She learns from her boyfriend, her lover, Patrick Frazy,

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Speaker 1: who was engaged Kelsey Barrett, the mother of his daughter,

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Speaker 1: that he Patrick Frazy convinces Kelsey so Thanksgiving, when she's

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Speaker 1: in the middle of cooking dinner for him to let

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Speaker 1: herself be blindfolded to smell different candles, and while she's blindfolded,

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Speaker 1: he beats her in the head with a baseball bat.

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Speaker 1: Is that right? That's correct? Yes, take a listen to

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Speaker 1: ABC Denver seven. Prosecutors say Phrasie blindfolded Kelsey to smell

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Speaker 1: candles and guess the scent and then beat her to

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Speaker 1: death with a baseball bat and burned her body. Prosecutors

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Speaker 1: told the jury this is a case of a cold,

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Speaker 1: calculated manipulator, and while showing a photo of Frasey called

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Speaker 1: him the face of a killer. We learned the trial

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Speaker 1: hinges on cell phone records, trace amounts of blood, evidence

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Speaker 1: and testimony from Idaho nurse Crystal Lee Kenny without a body.

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Speaker 1: Crystal is the state's star witness. She told investigators she

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Speaker 1: tried to kill Kelsey three times at Patrick's request, but

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Speaker 1: couldn't go through with it. She says that's when Frasey

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Speaker 1: took matters into his own hands, and she drove down

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Speaker 1: from Idaho to clean up a bloody mess in Kelsey's apartment.

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Speaker 1: Dodger Bethany Marshall, what person in their right mind would

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Speaker 1: drive from out of state to come clean up a

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Speaker 1: bloody martyr, saying, Nancy, I don't even know where to

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Speaker 1: begin with this. I mean, the easy answer would be

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Speaker 1: hate was brainwash, bite him, she would love sick. But

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Speaker 1: I don't think that's true. I think that she had

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Speaker 1: as much secret and malice sports the victims as her

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Speaker 1: boyfriend did. They both hated this one together. And why

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Speaker 1: the victim was beautiful, She had a child, she had

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Speaker 1: her whole life ahead her, you know, Nancy, Sometimes envy

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Speaker 1: plays such a primary role in these kinds of crimes,

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Speaker 1: when one woman sees another who seemingly had it all

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Speaker 1: and they just want to blot that woman off the

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Speaker 1: face of the earth because they cannot stand at that

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Speaker 1: person's around. That's the only thing I can think of. Otherwise,

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Speaker 1: why would a woman seen up a bloody crime scene.

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Speaker 1: I mean, as part of that, Chelsea's tooth was found.

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Speaker 1: He beat her so badly about the face of the

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Speaker 1: head with a baseball bat. Why else is blindfold with

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Speaker 1: the baby in the next room. Her teeth flew out

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Speaker 1: of her head, and this woman, Crystal Kenny, leaves her

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Speaker 1: own family to come clean up the crime scene. I mean,

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Speaker 1: Ken Belkin, you're the famous criminal defense attorney. Explain to

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Speaker 1: me how in the world you would explain that away

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Speaker 1: to a jury. And now in the last hours we

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Speaker 1: understand Ashley Franco KKTV, is it true that Crystal Kenny,

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Speaker 1: the rodeo queen that cleaned up a crime scene, backed

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Speaker 1: out of her deal? Right? Colorado Court of Appeals has

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Speaker 1: ruled that they would like her sentence to be vacated

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Speaker 1: and have her possibly resentence crime stories with Nancy Grace. Guys,

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Speaker 1: we are talking about the brutal murder of a twenty

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Speaker 1: nine year old mother of one. She was no edge

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Speaker 1: at guys, As I recall Ashley Franco, she had a

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Speaker 1: great job, she was a trained pilot. She bought her

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Speaker 1: condo all on her own, no help from the fiance.

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Speaker 1: I might add and was raising her child on her

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Speaker 1: own and doing a really good job at it. So

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Speaker 1: explain to me, ken Belkin, what you could possibly say

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Speaker 1: to defend the mistress Crystal Kenney, who literally is a

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Speaker 1: rodeo pageant queen who three times says she backed out

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Speaker 1: of killing Kelsey. She knew Kelsey was going to be killed.

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Speaker 1: She could have saved her life, but she didn't. Well,

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Speaker 1: she was obviously operating under extreme arrest at the beast

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Speaker 1: of her lover at the time. And you know clearly

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Speaker 1: she loved this one. And Kim Belkin objection, dear s,

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Speaker 1: in other words, coercion. Isn't it true that under the

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Speaker 1: law for you to claim coercion as a defense, in

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Speaker 1: other words, you admit you did it, but you were

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Speaker 1: coerced forced to do it, you have to be in

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Speaker 1: fear of your own life or the life of another

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Speaker 1: at the moment you act. Isn't that true, Ken Belkin? Well,

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Speaker 1: you could argue that maybe she was if her lover

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Speaker 1: was going to she was in a different state, she

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Speaker 1: was in Idaho. How could she be a phrase she's

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Speaker 1: about to take a bullet to the head. She was

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Speaker 1: nowhere near the defendant, or she was certainly operating under

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Speaker 1: some form of diminished capacity. Oh, I see, your defense

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Speaker 1: is shifting. It was coercion. But since I am explained

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Speaker 1: the law of coercion, now it's what did you say

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Speaker 1: mental Did you say mental defense? Oh? Yeah, So she

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Speaker 1: was insane for the moments that she drove to Idaho,

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Speaker 1: cleaned up the crime scene, and then went home. And oh,

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Speaker 1: by the way, remember to get rid of Kelsey's cell

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Speaker 1: phone along the way. Diminish capacity. And as soon as

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Speaker 1: you got back home, she came to well, certainly not

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Speaker 1: the actions of the same person, right, Nancy. Look, listen,

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Speaker 1: Kim Belkin. You're a great lawyer. You've got a great reputation.

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Speaker 1: You practice some federal courts all around the country, and

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Speaker 1: I know I'm putting you on the hot seat where

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Speaker 1: there's really not a good defense in guys. That's why,

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Speaker 1: even though I would never do it myself, that's why

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Speaker 1: it must be hard to be a defense lawyer, because

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Speaker 1: you're stuck with these horrible facts and somehow you've got

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Speaker 1: to make a silk purse out of a sal's ear.

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Speaker 1: That's what it boils down to sometimes. So how in

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Speaker 1: the hey, before I circle back to beat up poor

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Speaker 1: Kim Belkin for a moment, Ashley Franco, what do you

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Speaker 1: mean the Rodeo queen sentence has been vacated? So the

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Speaker 1: Colorado Court of Appeals. Her attorney went to the Colorado

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Speaker 1: Court of Appeals and said, you think that they illegally

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Speaker 1: sentenced our client? And the Colorado Court of Appeal said,

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Speaker 1: after reviewing everything, we believe that the district court erroneously

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Speaker 1: sentenced to Kenny outside of the maximum term. And so

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Speaker 1: we're vakating down a little bit, just a little bit.

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Speaker 1: What So they said that they believe the district court

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Speaker 1: erroneously sentenced Kenny outside of the maximum term, and they

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Speaker 1: want her sentenced to be vacated and they want her

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Speaker 1: to be resentenced. Well, didn't her defense attorney go along? Right?

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Speaker 1: So the defense attorney went along with the plea and

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Speaker 1: after sentencing just file this complaint that they sentenced her wrong.

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Speaker 1: But according to the defense attorney and I just talked

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Speaker 1: to where she was given the plea paperwork late at

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Speaker 1: night and then the next morning, they just went along

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Speaker 1: with with everything. So that was the attorney just quote

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Speaker 1: went along right. There was nothing in court to you know,

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Speaker 1: object the plea agreement. I was sitting right there in court.

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Speaker 1: There was nothing at the time that anyone had a

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Speaker 1: problem with. So what was the sentence, Ashley Franco, This

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Speaker 1: woman who has known about the murder plot for a

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Speaker 1: long time, backed out of murdering Kelsey herself three times,

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Speaker 1: went and cleaned up a bloody crime, saying hid evidence

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Speaker 1: from police, lied about it. What was her sentence? She

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Speaker 1: would sentence to three years in prison as she pleaded

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Speaker 1: guilty to a tampering with evidence charge in exchange for

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Speaker 1: information about Kelsey's death. So if you are convicted of tampering,

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Speaker 1: what is the appropriate sentence Ashley? In Colorado? The maximum

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Speaker 1: sentence is eighteen months. How many charges did she have

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Speaker 1: of tampering? She pled guilty to just one charge of

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Speaker 1: tampering with evidence? How many was she charged? How many

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Speaker 1: counts does she charged with? They didn't. They didn't give

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Speaker 1: her anything else but that one charge. In the DA's

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Speaker 1: office said only had said on one occasion that she

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Speaker 1: could be charged with several charges of tampering with evidence.

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Speaker 1: Did never give a number, but that's what that's what

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Speaker 1: he had said. Okay, Ken Belkin, criminal defense attorney, you

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Speaker 1: got me over a Barrel. I know when something's wrong,

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Speaker 1: and this plea deal is wrong. You can't sentence somebody

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Speaker 1: to a term greater than is allowed by the law.

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Speaker 1: It was the prosecutor's decision to let her plead guilty

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Speaker 1: on a much lesser charged. I think she should have

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Speaker 1: been charged with conspiracy to commit murder myself. But according

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Speaker 1: to Ashley Franco, they led her plead guilty to one

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Speaker 1: tampering with evidence charge. The only sentence for that maximum

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Speaker 1: eighteen months, according to Ashley Franco, and they sentence her

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Speaker 1: to three years. Oh look, this is the basic Okay. Here,

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Speaker 1: a conviction comes in two parts, the plea and the sentence.

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Speaker 1: If it's a plea deal, that's up to the DA's

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Speaker 1: office the prostitutor to offer a deal, but it is

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Speaker 1: up to the judge to sentence the individual. And in

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Speaker 1: every plea deal, the the plea deal is given in

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Speaker 1: consideration of a court commitment to a certain sentence. Now Here,

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Speaker 1: the maximum sentence on this particular charge was eighteen months,

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Speaker 1: but in certain circumstances where there are aggravating factors, you

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Speaker 1: could be sentenced to up to three years on this charge. Now,

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Speaker 1: she took the pretty one day and it was a

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Speaker 1: journe for sentensing, and on the sentencing date, the judge

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Speaker 1: felt that there were aggravating factors and sentenced her to

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Speaker 1: three years. But you can't do that. There's Supreme Court

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Speaker 1: precedent that says you cannot sentence someone on aggravating factors

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Speaker 1: on a plea deal unless those aggravating factors are are

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Speaker 1: proven beyond a reasonable doubt to the trier of fact,

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Speaker 1: which would mean a jury. And they were not in

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Speaker 1: this case. So the court was wrong in sentencing her,

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Speaker 1: and not only that. Kim Belkan criminal defense attorney. You

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Speaker 1: can find him at Belkin law dot com. Those aggravating

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Speaker 1: circumstances must be enunciated by the court or by the

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Speaker 1: prosecution in the charges, similar to can when the state

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Speaker 1: decides to seek the death penalty in a murder case

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Speaker 1: in every jurisdiction in our great and wonderful country, to

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Speaker 1: seek the death penalty, you must very specifically lay out

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Speaker 1: aggravating circumstances on which you are relying to seek the

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Speaker 1: death penalty. Why is this murder different from every other murder?

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Speaker 1: Why is this person being singled out for the death

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Speaker 1: penalty when that person is not you must enunciate it clearly,

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Speaker 1: and then in front of a jury you must prove

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Speaker 1: those specific aggravated circumstances. That was not done here. So,

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Speaker 1: after all this investigation, after the months and months of

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Speaker 1: hard work by detectives, we have Crystal Kenny, Rodeo Queen,

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Speaker 1: thirty three years old. Sentence is thrown out right out

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Speaker 1: the window. Can you imagine how Kelsey Barres's family is

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Speaker 1: feeling today? Crime Stories with Nancy Grace, Guys, we were

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Speaker 1: talking about the death, the murder of a young mom.

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Speaker 1: Her daughter will be raised, never having Mommy knowing that

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Speaker 1: she the daughter sat in the next room was a

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Speaker 1: baby as her mother was brutally murdered. And then in

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Speaker 1: flounces the mistress, the Rodeo queane to clean up the mass,

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Speaker 1: and boy did she clean it up well. But people

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Speaker 1: came into the home, they thought it looked neat and undisturbed.

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Speaker 1: They had no idea it had what's been sprayed with

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Speaker 1: Kelsey's blood. Take a listen to this, holding back tears,

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Speaker 1: she detailed a long relationship with Patrick Frazie, at one

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Speaker 1: point getting pregnant by him. I guess you are a

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Speaker 1: baby killer or not? She claimed, Frazie told her. Lee

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Speaker 1: said she then got an abortion and prepared divorce papers

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Speaker 1: in order to be with Frasie. Later, she learned he

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Speaker 1: already had a daughter with another woman, Kelsey Beareth. Lee

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Speaker 1: said that Frasie claimed that daughter was being abused by Beareth.

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Speaker 1: He wanted her not to be a problem anymore. He

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Speaker 1: wanted her dead. Lee told the court Frasie had her

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Speaker 1: bring a poisoned Starbucks drink to Beareth, but she didn't

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Speaker 1: taint the drink. Next, Lee said, Frazy wanted her to

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Speaker 1: kill Barrett using a pipe, then another time with the bat,

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Speaker 1: but each time she backed out. And now this woman

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Speaker 1: has somehow slithered out of a three year sentence behind

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Speaker 1: bars after all that. What I don't understand, Ashley Franco

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Speaker 1: joining me KKTV eleven. Actually, you've been on the case

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Speaker 1: from the very beginning, you've been in court. Why they

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Speaker 1: gave her such a sweet They'll just start with right

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Speaker 1: when you talked to the Districh attorney about this multiple times,

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Speaker 1: and you'll hear him say after Patrick Crazy sentence that

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Speaker 1: they made a deal with the devil, but they had

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Speaker 1: to get information on Kelsey Barrett's death and her at

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Speaker 1: that time disappearance. They had no idea what had happened

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Speaker 1: to her until Crystal Lee Kenny had come forward and

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Speaker 1: put out this whole story, this whole matter plan by

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Speaker 1: Patrick crazy. They needed all of her facts in order

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Speaker 1: to put Patrick away for life, and that was the

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Speaker 1: only way she was the only way they could do that.

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Speaker 1: M I don't know about that. True. Sometimes, Ashley Franco,

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Speaker 1: you got to go to hell to get the witness

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Speaker 1: to put the devil in jail. But I don't know

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Speaker 1: if it was that easy in this case. Let's go

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Speaker 1: to forensics expert Joseph Scott Morgan, what did we learn

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Speaker 1: at the crime saying Joe Scott, Oh my god. Okay,

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Speaker 1: let me break this down for you. People are familiar

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Speaker 1: with I'm masked. Okay, poor Jack can hardly take it

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Speaker 1: in go. People are familiar with a reagent that we

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Speaker 1: use in forensic science called luminol. Luminal is a very

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Speaker 1: old substance. But everybody knows about luminal. Well, it's a

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Speaker 1: reagent that actually and that lights up blood. There iron

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Speaker 1: in our blood. Well, now there's a newer reagent that's

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Speaker 1: based on the same molecule called blue star. Well, they

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Speaker 1: applied blue Star in Kelsey's apartment, Nancy, and it is

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Speaker 1: mind blowing what they found because, as you stated earlier,

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Speaker 1: they walked in, it looked like Circle suite. You know,

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Speaker 1: it was Christine, It was clean. But Nancy, I'm just

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Speaker 1: reading over this right now. They found They found blood

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Speaker 1: around the base of the toilet. They found it on

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Speaker 1: the walls, they found it, they found it in the tub,

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Speaker 1: they found it on the sink, they found it everywhere

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Speaker 1: after applying this blue Star reagent. Even the mother, Kelsey's

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Speaker 1: mother come in and said, you know what's missing out

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Speaker 1: of the photograph. The rug that used to surround the toilet.

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Speaker 1: It's gone. It's completely gone. It's been done away with

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Speaker 1: because she always kept a rug in the bathroom, you know,

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Speaker 1: blood out Alley, Wait a minute, My point is we

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Speaker 1: didn't need the Rodeo Queen. Remember Joe Scott Morgan and

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Speaker 1: the recent Connecticut Missing Mama five. There was such a

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Speaker 1: vast quantity of blood found at the crime scene. Of course,

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Speaker 1: there had been a primitive cleanup that a medical examiner

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Speaker 1: would testify there was so much a blood the person

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Speaker 1: Jennifer had to be dead because of so much blood

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Speaker 1: had been seeped out of her body. Same thing here.

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Speaker 1: I don't need the Rodeo Queen to tell me what happened.

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Speaker 1: I can look at the crime scene findings by forensics,

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Speaker 1: and I know Kelsey Barth is dead because of the

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Speaker 1: quantity of blood and the clean up. Somebody came in

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Speaker 1: after all that blood and cleaned it up. And I

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Speaker 1: know who was there. The neighbor tells me Patrick Frazie

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Speaker 1: was there, and cell phone records tell me the Rodeo Queen,

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Speaker 1: mistress Crystal Kenney, came from Idaho to that location that day.

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Speaker 1: Why do I need her testimony? I would put those

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Speaker 1: two wet cats in a barrel, try him at the

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Speaker 1: same time and see what the jury said. We didn't

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Speaker 1: need her to start with. Joe Scott finished showing me

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Speaker 1: about the crime scene. All of this could have been

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Speaker 1: evidence in a trial against the Rodeo Queen, but no,

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Speaker 1: they take the easy way out and got a plea

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Speaker 1: go ahead. Yeah they did. And I think you know,

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Speaker 1: as as was mentioned just a few moments ago by

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Speaker 1: a reporter, the uh, they did need this key because

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Speaker 1: right now we don't have a body. Well, we do

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Speaker 1: have is a lot of blood at the sea they

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Speaker 1: could manage that blood to Kelsey Barns. They're trying to

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Speaker 1: you know, at the end of the day, unlike the

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Speaker 1: case that you previously mentioned up in yes right, miss Dulos,

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Speaker 1: we didn't have a body with that. There is a body.

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Speaker 1: There's Kelsey's body and let me Kelsey's body. Well, we

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Speaker 1: do in a manner because this is kind of reflected

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Speaker 1: in what they believe happened. According to that the blood

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Speaker 1: all over the stuffed animals. Animals were covered in blood.

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Speaker 1: Kelsey is dead. With all that blood, we can establish that,

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Speaker 1: and we know who was with her last Bam, go ahead.

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Speaker 1: And there's evidence that cleaning supplies were used. We had

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Speaker 1: blood that was present on bleach bottles and also on

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Speaker 1: a swiffer, you know, a wet mop. But what we

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Speaker 1: came to find out through you know what the police

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Speaker 1: have put together Kelsey's body and this gives you an

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Speaker 1: idea how small she is. Allegedly, well not allegedly now known.

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Speaker 1: She was placed into a black nylon toade taken to

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Speaker 1: this person's ranch and he used a tractor to actually

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Speaker 1: put her body in the toad on top of a

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Speaker 1: bail of hay to kind of store it until he

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Speaker 1: could decide what he wanted to do with it. And

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Speaker 1: at the end of the day he took all those items.

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Speaker 1: I remember we were talking about the missing missing items

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Speaker 1: that she that were kind of connected to her. Everything

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Speaker 1: went into a hundred gallon allegedly hundred gallon horse trough

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Speaker 1: and there was a mix, a mixed nancy of accelerance

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Speaker 1: things like motor oil, gasoline, diesel, all this stuff and

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Speaker 1: everything was set on fire at that moment time to

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Speaker 1: make her essentially vanished, go into thin air. And I'd

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Speaker 1: like to point out and correct me if I'm wrong,

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Speaker 1: ask you Franco actually joining us from KKDB. Eleven witnesses

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Speaker 1: saw Patrick Frazy the kill our fiance, guarding over a

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Speaker 1: huge fire on his property in the days that followed

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Speaker 1: Keltzy's a murder? Isn't that true? Yes, that's absolutely true.

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Speaker 1: There were several neighbors who said that they saw that fire.

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Speaker 1: And Nancy, if I can just interject, go ahead one

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Speaker 1: more Yeah, and you and I have covered so many

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Speaker 1: of these cases where people would attempt to use heat

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Speaker 1: in order to dispose of bodies. One thing that the

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Speaker 1: public might not understand, and this is not something where

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Speaker 1: you can just apply gasoline and the body just vanishes.

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Speaker 1: Just as was just spoken. It requires tending. It requires

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Speaker 1: kind of a constant fueling in order to make a

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Speaker 1: body eventually rendered down and still at some point in time.

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Speaker 1: You might if you do a thorough search of the scene,

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Speaker 1: find things like chips of bone. But it's a very,

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Speaker 1: very labor intensive task in order to facilitate that, And

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Speaker 1: that's what Phrasy was about at the scene tendingness fire

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Speaker 1: climb stories with Nancy Grace Guys in the last hours.

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Speaker 1: A stunning below to the victims family and for the

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Speaker 1: state in the death of twenty nine year old mom

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Speaker 1: of one Kelsey Barret, who's brutally murdered by her killer fiance,

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Speaker 1: Patrick Frazy. His mistress, who part in the cleanup and

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Speaker 1: the planning of the murder, got a sweetheart deal just

428
00:28:04,960 --> 00:28:09,480
Speaker 1: three years for tampering with evidence. And guess what she

429
00:28:09,760 --> 00:28:14,440
Speaker 1: tricked the state. She has now vacated that sentence and

430
00:28:14,560 --> 00:28:18,159
Speaker 1: she'll serve even less time for those of you just

431
00:28:18,400 --> 00:28:20,840
Speaker 1: joining us to actually Franco bring us up to date

432
00:28:21,119 --> 00:28:25,280
Speaker 1: with the vacated sentence of Rodeo Queen Crystal Kenney. So

433
00:28:25,600 --> 00:28:29,399
Speaker 1: just recently in Colorado Corn of Appeals had ruled that

434
00:28:30,200 --> 00:28:35,320
Speaker 1: the district court erroneously sentenced Kenny outside of the maximum term,

435
00:28:35,680 --> 00:28:39,200
Speaker 1: and they decided that they wanted her sentence to be

436
00:28:39,600 --> 00:28:42,600
Speaker 1: thrown out and they wanted the Tyler County judge to

437
00:28:42,880 --> 00:28:46,680
Speaker 1: resentence her, so the max would be eighteen months. I

438
00:28:46,840 --> 00:28:50,800
Speaker 1: guess Ken Belkin with me, a veteran trial lawyer criminal

439
00:28:50,840 --> 00:28:53,520
Speaker 1: defense attorney joining us. You can find him at Belkin

440
00:28:53,920 --> 00:28:59,400
Speaker 1: Law dot com. Ken, based on the forensics evidence and

441
00:28:59,560 --> 00:29:01,719
Speaker 1: there is more, by the way, which I'm sure you're

442
00:29:01,800 --> 00:29:05,160
Speaker 1: familiar with, I believe the state could have proven this

443
00:29:05,320 --> 00:29:10,640
Speaker 1: case and tried both of them for murder. What do

444
00:29:10,760 --> 00:29:14,120
Speaker 1: you think? I mean? I think they could have prosecuted

445
00:29:14,160 --> 00:29:15,920
Speaker 1: them for it. But the fact of the matter is

446
00:29:16,080 --> 00:29:19,240
Speaker 1: most of that evidence is circumstantial, and what they really

447
00:29:19,320 --> 00:29:22,720
Speaker 1: needed with some direct evidence, and that is what Miss

448
00:29:22,840 --> 00:29:27,160
Speaker 1: Kenny's testimony provided, well, direct evidence. Let me ask you

449
00:29:27,200 --> 00:29:31,680
Speaker 1: a question, Ken, because what I learned getting my JD

450
00:29:31,800 --> 00:29:35,560
Speaker 1: at Mercer and my LLM and criminal constitutional law at

451
00:29:35,720 --> 00:29:39,920
Speaker 1: NYU and practicing criminal law my entire career is that

452
00:29:40,320 --> 00:29:45,840
Speaker 1: the judge actually instructs the jury verbatim from the law

453
00:29:46,400 --> 00:29:52,040
Speaker 1: that circumstantial evidence has an equal weight as direct evidence.

454
00:29:52,360 --> 00:29:56,040
Speaker 1: Isn't that true? Of course, because the way you said it,

455
00:29:56,280 --> 00:29:59,880
Speaker 1: it could mislead a listener to thing that somehow, quote,

456
00:30:00,320 --> 00:30:04,480
Speaker 1: just a circumstantial case is somehow inferior to a case

457
00:30:04,560 --> 00:30:07,160
Speaker 1: that has direct evidence. But that's certainly not true, is it.

458
00:30:07,360 --> 00:30:10,280
Speaker 1: But you know as a prosecutor that a defense attorney

459
00:30:10,400 --> 00:30:12,640
Speaker 1: is going to jump all over a case that's only

460
00:30:12,720 --> 00:30:16,280
Speaker 1: brought the circumstantial evidence, going to jump every any case, Milkin,

461
00:30:17,280 --> 00:30:20,480
Speaker 1: that's a good defense attorney mill anyway. But you know

462
00:30:20,840 --> 00:30:24,080
Speaker 1: that testimony really is the nail in the coffin that

463
00:30:24,480 --> 00:30:27,320
Speaker 1: gets them to that conviction. But Ken, based on the

464
00:30:27,480 --> 00:30:32,920
Speaker 1: forensics alone and the fact that three times she Crystal

465
00:30:33,000 --> 00:30:37,960
Speaker 1: Kenny agree to kill Kelsey Barrett and then threw away

466
00:30:38,080 --> 00:30:42,200
Speaker 1: Kelsey's cell phone, made it look as if Kelsey had

467
00:30:42,640 --> 00:30:45,600
Speaker 1: traveled out of state to get away from her responsibilities,

468
00:30:46,800 --> 00:30:49,880
Speaker 1: cleaned up a crime scene, destroyed evidence, and stood by

469
00:30:50,680 --> 00:30:56,600
Speaker 1: while Phrasie burned evidence. It's so obvious to me she

470
00:30:56,720 --> 00:30:59,360
Speaker 1: should have been tried for murder along with Patrick frazy

471
00:31:00,080 --> 00:31:02,280
Speaker 1: Well that they certainly could have tried her, but you

472
00:31:02,360 --> 00:31:05,960
Speaker 1: know they really wanted that testimony from her, that direct evidence,

473
00:31:06,200 --> 00:31:08,200
Speaker 1: and also in light of the fact that she had

474
00:31:08,280 --> 00:31:11,040
Speaker 1: no criminal record, they probably wanted to show her some

475
00:31:11,240 --> 00:31:13,760
Speaker 1: mercy and give her an easy way out or an

476
00:31:13,840 --> 00:31:16,280
Speaker 1: easier way out than what she would have faced had

477
00:31:16,360 --> 00:31:19,600
Speaker 1: she have gone to trial earlier. Guys, you heard our

478
00:31:19,960 --> 00:31:23,400
Speaker 1: ABC Denver seven and Denver CBS four. Now take a

479
00:31:23,480 --> 00:31:27,680
Speaker 1: listen to Rick Salinger or CBS four. Crystal Lee, the

480
00:31:27,800 --> 00:31:31,600
Speaker 1: other party to this love triangle, testified this week that

481
00:31:31,760 --> 00:31:36,400
Speaker 1: Patrick Frasey admitted killing Barrett with a baseball bat. Law

482
00:31:36,520 --> 00:31:41,360
Speaker 1: enforcement agents searched phrases florescent grant several times and found

483
00:31:41,480 --> 00:31:45,880
Speaker 1: three wooden baseball bats. They also located part of a tooth.

484
00:31:46,400 --> 00:31:49,680
Speaker 1: It was beneath some plastic but over a spot where

485
00:31:49,760 --> 00:31:54,360
Speaker 1: Crystal Lee said she believed Barrett's body was burned. And

486
00:31:54,640 --> 00:31:57,360
Speaker 1: take a listen to what else Crystal Kenny had to

487
00:31:57,440 --> 00:32:00,800
Speaker 1: say in court. Here's our friends at KdV. Just a

488
00:32:00,880 --> 00:32:04,440
Speaker 1: few moments after Crystal Lee continued her second day of testimony,

489
00:32:04,720 --> 00:32:08,000
Speaker 1: she began to cry. She had been handed several photographs

490
00:32:08,200 --> 00:32:11,800
Speaker 1: of Kelsey Barrett's condo, which she had cleaned. Lee went

491
00:32:11,840 --> 00:32:14,640
Speaker 1: on to say, I saw blood all over the floor

492
00:32:14,960 --> 00:32:18,400
Speaker 1: and all over the wall, her belongings were covered in blood.

493
00:32:18,840 --> 00:32:21,880
Speaker 1: More tears began rolling down her face when Kelsey Barrett's

494
00:32:21,880 --> 00:32:25,040
Speaker 1: baby girl, Kayley, appeared on a large screen above the

495
00:32:25,120 --> 00:32:27,640
Speaker 1: jury box, and when she was asked to describe a

496
00:32:27,760 --> 00:32:31,000
Speaker 1: couch she had wiped down, She said today Phrasie told

497
00:32:31,040 --> 00:32:34,240
Speaker 1: her to text from Barrett's phone after she was dead,

498
00:32:34,320 --> 00:32:36,560
Speaker 1: saying he wanted to make it look like she was

499
00:32:36,680 --> 00:32:39,880
Speaker 1: still alive. Lee told the court today that she was

500
00:32:40,040 --> 00:32:43,160
Speaker 1: present when he started the fire in which Barrett's body

501
00:32:43,360 --> 00:32:46,600
Speaker 1: was burned. Phrasie's attorney pointed out that Lee had not

502
00:32:46,880 --> 00:32:50,680
Speaker 1: told the truth until a plea agreement was made. He said,

503
00:32:51,040 --> 00:32:53,600
Speaker 1: that's a story you had to tell agents to get

504
00:32:53,640 --> 00:32:56,520
Speaker 1: your plea deal. Lee said, I had to tell them

505
00:32:56,600 --> 00:33:01,400
Speaker 1: the truth. The reality is is that everything that Crystal

506
00:33:01,560 --> 00:33:05,760
Speaker 1: Kinney did divulge it was corroborated by evidence straight out

507
00:33:05,800 --> 00:33:08,880
Speaker 1: to doctor Bethany Marshall, psychoanalist joining us out of la

508
00:33:09,040 --> 00:33:11,120
Speaker 1: You can find her at doctor Bethany Marshall dot com.

509
00:33:11,880 --> 00:33:17,560
Speaker 1: How bad is this for Kelsey Barris family to have

510
00:33:18,200 --> 00:33:26,520
Speaker 1: Crystal Kenney's sentence light as it was vacated? Bad? Nancy Bad.

511
00:33:26,640 --> 00:33:28,720
Speaker 1: I'm listening to all of this. I'm listening to the

512
00:33:28,800 --> 00:33:31,440
Speaker 1: panel and I almost can't believe my mind. I mean,

513
00:33:32,040 --> 00:33:34,720
Speaker 1: the defense attorney is talking about, oh did she have

514
00:33:35,080 --> 00:33:38,080
Speaker 1: you know, a prior record and you know the fact

515
00:33:38,200 --> 00:33:41,240
Speaker 1: that you know, something came up trial that now the

516
00:33:41,360 --> 00:33:44,440
Speaker 1: sentence has to be staycated. If this was a man

517
00:33:46,000 --> 00:33:52,240
Speaker 1: who lurked around a woman's apartment, cross state line several times,

518
00:33:53,200 --> 00:33:56,760
Speaker 1: wo into a bloody scene, blood all over the place

519
00:33:57,320 --> 00:34:01,480
Speaker 1: that victim has pod learned there's a two another part

520
00:34:01,520 --> 00:34:04,480
Speaker 1: of the room and was a part of that bloody

521
00:34:04,560 --> 00:34:08,200
Speaker 1: crime scene. But they did eighteen months. I mean, just

522
00:34:08,400 --> 00:34:12,520
Speaker 1: because Crystal Kenny is a rodeo queen, just because she's

523
00:34:12,560 --> 00:34:16,120
Speaker 1: a woman, so she ate it in a bed of

524
00:34:16,200 --> 00:34:19,560
Speaker 1: her boyfriend. I don't think we should call this aiding

525
00:34:19,680 --> 00:34:22,359
Speaker 1: the betting. I think that this was she was as

526
00:34:22,480 --> 00:34:27,240
Speaker 1: murderous as he was. She just was in after the fact.

527
00:34:27,440 --> 00:34:32,040
Speaker 1: I mean, Ashley Franko KKTV eleven. You hear doctor Bethany Marshall,

528
00:34:33,360 --> 00:34:36,680
Speaker 1: I've got a feeling a jury would agree with Bethany.

529
00:34:37,480 --> 00:34:44,040
Speaker 1: And also regarding the light sentence that she got. She

530
00:34:44,200 --> 00:34:49,880
Speaker 1: started crying on the stand. Boo, who why is she crying?

531
00:34:50,560 --> 00:34:55,279
Speaker 1: She is the one that stoked the fire that ended

532
00:34:55,360 --> 00:34:59,439
Speaker 1: with Phrasie murdering Kelsey. As a matter of fact, before

533
00:34:59,480 --> 00:35:01,359
Speaker 1: you come in on that, take a listen to our

534
00:35:01,440 --> 00:35:06,160
Speaker 1: friend over at CBS News This, says Nicky Batista. Lee

535
00:35:06,320 --> 00:35:09,320
Speaker 1: testified that Frazie told her he beat his fiance to

536
00:35:09,440 --> 00:35:12,520
Speaker 1: death with a baseball bat on Thanksgiving Day and that

537
00:35:12,680 --> 00:35:16,680
Speaker 1: Barett's last words were please stop. After the murder, Li

538
00:35:16,800 --> 00:35:19,560
Speaker 1: says Frasie called her and said she had a mest

539
00:35:19,600 --> 00:35:22,560
Speaker 1: to clean up. Crystal Lee says when she walked into

540
00:35:22,680 --> 00:35:26,760
Speaker 1: kelsey Beartstown home, she saw blood everywhere. She was cleaning

541
00:35:26,880 --> 00:35:30,560
Speaker 1: up this massive crime scene. Lee claimed she drove from

542
00:35:30,600 --> 00:35:33,600
Speaker 1: Idaho to Colorado and cleaned up the crime scene because

543
00:35:33,719 --> 00:35:36,680
Speaker 1: Frazie told her to and she feared for her life.

544
00:35:37,160 --> 00:35:39,800
Speaker 1: A few days after the murder, Lie says she watched

545
00:35:39,880 --> 00:35:42,759
Speaker 1: u Phrasie burned a black tote bag that he told

546
00:35:42,800 --> 00:35:47,320
Speaker 1: her contained Barrett's body and the baseball bat. Tashi Franco

547
00:35:47,480 --> 00:35:52,399
Speaker 1: KKTV eleven eleven News there in Colorado Springs, Ashley did

548
00:35:53,320 --> 00:35:59,040
Speaker 1: the mistress Crystal Kenney stay together in the relationship with

549
00:35:59,160 --> 00:36:02,200
Speaker 1: Phrasie after the murder, Yes, she was with him the

550
00:36:02,280 --> 00:36:05,520
Speaker 1: whole entire time, and she even on the stand said

551
00:36:05,560 --> 00:36:07,040
Speaker 1: that she was still in love with him when she

552
00:36:07,120 --> 00:36:11,320
Speaker 1: testified against him. So she definitely had something that was

553
00:36:11,480 --> 00:36:13,960
Speaker 1: just I guess in her heart saying that that she

554
00:36:14,080 --> 00:36:17,759
Speaker 1: still loves Fancy if I could interject, for really, she

555
00:36:17,880 --> 00:36:23,120
Speaker 1: had so many opportunities to go to the authorities and

556
00:36:23,320 --> 00:36:26,600
Speaker 1: tell them that he was planning on killing the single

557
00:36:26,719 --> 00:36:29,880
Speaker 1: mother of Toller. Did she go to the authorities know?

558
00:36:30,239 --> 00:36:38,080
Speaker 1: Even after victim was promissioned to guts? That's what it means.

559
00:36:39,640 --> 00:36:43,880
Speaker 1: She is still sleeping with a guy she knows to

560
00:36:44,040 --> 00:36:49,040
Speaker 1: be a brutal killer and the States defance Take a

561
00:36:49,120 --> 00:36:53,520
Speaker 1: listen to ABC dinverse seven. The district attorney says Kenny

562
00:36:53,600 --> 00:36:56,160
Speaker 1: got off too lightly, but says they had to make

563
00:36:56,239 --> 00:36:58,720
Speaker 1: a deal with the devil in order to convict Frazy.

564
00:36:58,960 --> 00:37:01,400
Speaker 1: It was a horrible some saying to hear the description

565
00:37:01,480 --> 00:37:04,239
Speaker 1: of what happened, he deserves every day he got and

566
00:37:04,360 --> 00:37:07,080
Speaker 1: then some. The brutal murder of Kelsey Barrett led to

567
00:37:07,160 --> 00:37:10,759
Speaker 1: a highly charged and highly emotional case with ex lover

568
00:37:10,920 --> 00:37:14,080
Speaker 1: Chrystal Lee Kenny at the center as the States star witness.

569
00:37:14,320 --> 00:37:16,920
Speaker 1: Do I feel bad every day that she only got

570
00:37:17,000 --> 00:37:19,520
Speaker 1: three years today, you bet you. But in the end,

571
00:37:19,880 --> 00:37:21,719
Speaker 1: we needed to solve this case. He needed to be

572
00:37:21,880 --> 00:37:23,920
Speaker 1: held accountable for what he did. He's the one who

573
00:37:23,960 --> 00:37:26,719
Speaker 1: brutally murdered this woman. Well, District Attorney Dan May calls

574
00:37:26,760 --> 00:37:30,680
Speaker 1: her three year prison sentence inadequate. Here's the reality. The

575
00:37:30,800 --> 00:37:34,320
Speaker 1: judge gave Kenny the maximum punishment allowed under her plea agreement.

576
00:37:34,719 --> 00:37:37,680
Speaker 1: Kenny signed that deal in exchange for her testimony against

577
00:37:37,719 --> 00:37:41,680
Speaker 1: Frazy testimony and evidence. Prosecutors say they needed to put

578
00:37:41,760 --> 00:37:45,160
Speaker 1: Freeze away for life. And we asked May if Kenny

579
00:37:45,239 --> 00:37:48,440
Speaker 1: could get out early for good behavior. His answer was yes.

580
00:37:49,080 --> 00:37:52,000
Speaker 1: Make called out Colorado lawmakers for letting it happen. Well,

581
00:37:52,040 --> 00:37:54,279
Speaker 1: we're finding it anymore. Is it's not unusual for someone

582
00:37:54,320 --> 00:37:57,120
Speaker 1: to serve maybe twenty five percent of their sentence on

583
00:37:57,239 --> 00:38:00,680
Speaker 1: a crime, no matter what it is. Wow, a lot

584
00:38:00,719 --> 00:38:03,120
Speaker 1: of finger pointing right now about whose fault it is

585
00:38:03,320 --> 00:38:05,640
Speaker 1: that this what I believe to be a co conspirator

586
00:38:05,719 --> 00:38:11,800
Speaker 1: to murder is walking free. Ashley Franco kk TV. What

587
00:38:12,040 --> 00:38:14,840
Speaker 1: happens now? So we're told by the district attorney that

588
00:38:15,560 --> 00:38:19,840
Speaker 1: they will be conferring with the Colorado Attorney General's office.

589
00:38:20,000 --> 00:38:22,840
Speaker 1: And from there they will both kind of see what

590
00:38:23,000 --> 00:38:25,239
Speaker 1: goes next. And then the courts, the Tyler County Court

591
00:38:25,280 --> 00:38:28,319
Speaker 1: supposed to set a date as to win that resentencing

592
00:38:28,440 --> 00:38:32,600
Speaker 1: will happen. We wait to see if justice can be

593
00:38:32,760 --> 00:38:36,799
Speaker 1: salvaged in any way. Nancy Grace Crown's story, signing off,

594
00:38:37,160 --> 00:38:37,839
Speaker 1: good my friend,