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Krystal Kenney’s plea deal ensures her cooperation, legal expert says

Posted at 11:01 PM, Feb 08, 2019
and last updated 2019-11-01 12:51:25-04

TELLER COUNTY – Krystal Kenney, the woman who admitted to moving Kelsey Berreth’s cell phone, walked out of the Teller County courthouse, free on Friday, and now awaits her sentence.

It’s part of a plea deal 4th Judicial District Attorney Dan May negotiated.

Kenney admitted in she removed Berreth’s cell phone and said she “learned that Patrick Frazee had committed a homicide on approximately November 22nd in Teller County”.

The 32-year-old from Idaho, pleaded guilty to one count of tampering with physical evidence and cannot speak with the media.

“Why did we do this? I think that’s a fair question, at some point.” May said at a press conference, referencing a reporter’s question.

“It’s just not a question I can answer today but I think it’s one that needs to be answered at the appropriate time.”

“This happens all the time in every court room in the United States,” said Mike McDivitt, chief operating officer with McDivitt Law Firm.

McDivitt, a lawyer with more than four decades of experience, thinks Patrick Frazee is the reason the district attorney’s office struck a deal with Kenney.

“The big fish here that they’re after is Mr. Frazee and so they need help to get at that fish ring and bring it in,” he said.

A plea deal can be a critical tool for prosecutors to prove their case.

“If [Kenney is] admitting that she tampered with evidence, it’s very possible that she did a lot – had a lot of knowledge about what went on,” McDivitt explained.

“And her knowledge, her testimony would presumably be very helpful to the district attorney in proving the claim against Mr. Frazee.”

But for now, he says it’s normal to have it all under wraps.

“To have it all revealed right now takes away the concept of a jury trial,” he explained.

The public will know more at Frazee’s preliminary hearing on February 19th.

Kenney will be sentenced after Frazee.

McDivitt says this ensures she follows through with the terms of her plea deal.
A judge will decide her sentence. It could range from probation to three years in prison.