The Colorado Court of Appeals on Thursday overturned a three-year prison sentence for the Idaho nurse who helped clean up the bloody scene of Kelsey Berreth’s murder on the grounds that the district court judge exceeded the maximum allowed sentence.
The appeals court ordered that Krystal Lee Kenney be resentenced to between one year and 18 months in prison on the felony tampering with evidence charge she pleaded guilty to in 2019.
Berreth was killed by her fiancé, Patrick Frazee, in Woodland Park in 2018. Kenney, who was in a relationship with Frazee, helped clean up the crime scene afterwards, and her testimony against Frazee at trial was key to convicting the man. He is serving life in prison.
Teller County District Court Judge Scott Sells went beyond the boundaries of the plea agreement when he sentenced Kenney to three years in prison, the appeals court found. The district judge improperly relied on facts that were not part of the plea agreement to justify the sentence, which is in the aggravated range for the crime.
Sells called Kenney’s actions “cold, calculated, cruel,” and “devoid of any compassion for human life” when he sentenced her.
A date for the resentencing has not yet been set.
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