DENVER — The woman who pleaded guilty to disposing of Woodland Park mother Kelsey Berreth’s cellphone after her 2018 murder is being considered for placement in a community corrections program after serving just two months of what was supposed to be a three-year prison sentence.
Krystal Lee Kenney, 33, was sentenced in January. Since then, she has been housed at the Denver Women’s Correctional Facility. The Fourth Judicial District Attorney’s Office has filed a formal objection to the Community Corrections Board, arguing that Kenney should serve more time behind bars.
According to the DA, offenders placed in community corrections could later be referred to an intensive supervision program where they are monitored electronically and could live outside a halfway house. This process is separate from parole.
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“Ms. Kenney deserves to spend every day of her three-year sentence in the Department of Corrections, but we are cognizant of the fact she will not serve that entire sentence, day for day, in the Women’s Correctional Facility” the letter co-signed by District Attorney Dan May and Senior Deputy District Attorney Jennifer Viehman reads. “She should, however, serve than two months.”
Berreth, 29, was murdered by her one-time fiancé Patrick Frazee on Nov. 22, 2018 – Thanksgiving Day. Frazee is serving a life sentence for the crime, and prosecutors conceded that his conviction largely hinged on Kenney’s testimony during Frazee's month-long trial back in November.
May has referred to the plea agreement with Kenney as a “deal with the devil.” Kenney, who lived in Idaho, admitted to driving to Colorado after Berreth’s murder to clean up the crime scene inside of her condo, and told investigators that she saw Frazee burn the mother of his then-1-year-old daughter’s body in a black tote on his property in Florissant.
Kenney also said that she took Berreth’s cellphone with her when she drove back to Idaho on Nov. 25, 2018, and that she used it to text Berreth’s mother and boss in an effort to mislead law enforcement.
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During her sentencing, Kenney told the court that “sorry is not enough” to repent for what she did – and Judge Scott Sells agreed, giving her the maximum three-year sentence for tampering with physical evidence.
May acknowledged that she likely would not spend that entire three years in the Department of Corrections following the January sentencing. In a statement distributed to the media on Friday, he said that the roughly 60 days Kenney has served of her sentence so far “demonstrates once again that Colorado’s sentencing scheme is outrageously, dishearteningly distorted – with an utter lack of truth in sentencing - and is in desperate need of reform.”
“On behalf of Kelsey Berreth’s family and friends, along with a still-healing community, we vigorously oppose moving this defendant to any community-based alternative, such as community corrections,” the DA’s statement reads. “It shall never be forgotten that his defendant – who worked as a nurse - was aware of convicted murderer Patrick Frazee’s intent to kill Kelsey Berreth, and had she notified anyone – any law enforcement agency or even the victim herself – Ms. Berreth would likely be with her family today.
“She further drove to Colorado from her home state of Idaho to assist Mr. Frazee after the fact, and proceeded to clean up a gruesome, bloody crime scene. When Judge Scott Sells handed down a three-year prison sentence he said what she did was “cold, calculating and cruel” and that if he sentenced her to probation it would minimize the depravity of her actions.”
In an email, Kenney's attorney Dru Nielsen said she hoped her client could be accepted into community corrections in part because of the COVID-19 pandemic and its potential impact on prisons. Kenney was also a nurse.
Here is Nielsen's full email to 9NEWS:
My understanding is that Krystal is eligible to be placed into community corrections where she would be supervised and required to try to find employment. In my opinion, Krystal is an optimal candidate for community corrections. Since you were at the sentencing, you heard about her outstanding work ethic from those who know her best. There is a tremendous need in our community right now and I have no doubt that Krystal would be the first to take on any role to help.
Governor Polis issued an order relating to criminal justice matters. That order is designed to curb the potential spread of COVID-19 in prisons which poses a significant threat not only to prisoners and people who work in prisons, but to our entire community. Krystal is not a threat to public safety. Based on the current public health crisis and what Krystal can offer, I hope that she will be accepted into community corrections immediately.
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