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Charges, motions provide preview of evidence against Patrick Frazee

Posted: 10:28 PM, Jan 02, 2019
Updated: 2019-01-03 00:31:12-05

COLORADO SPRINGS – Patrick Frazee is, so far, the only person police have arrested on suspicion of killing his fiancé and missing Woodland Park mom Kelsey Berreth.

Based on the charges formally filed this week, though, investigators believe he sought help in committing the crime.

Stephen Longo, an attorney with McDivitt Law Firm, helped explain the charges.

“It suggests to me that he probably asked the same person three times to either help or commit the crime individually,” Longo said. “It’s always possible, based on the three counts, that he asked three separate people.”

Patrick Frazee looks on in his initial court appearance on Dec. 31, 2018. Frazee is charged with five murder counts connected to the disappearance of Kelsey Berreth.

The solicitation charges also suggest Frazee tried planning the crime for months, between and including Sept. 1 and Nov. 1 of this year.

Longo said the timeline inclusion could help explain what evidence investigators have uncovered.

“It’s documented somehow, right? Whether it’s email, text message, recorded phone call, something where we have specifics where we can trace the date,” Longo said.

A person could also have supplied that information, he said.

Meanwhile, prosecutors still are not releasing evidence, including the probable cause affidavit to Frazee, citing the ongoing investigation. They did, however, ask the judge to allow consumptive evidence testing.

News 5 asked Mark Pfoff, a former detective in the El Paso County Sheriff’s Office who worked on more than 50 homicide investigations, what that testing means.

“You’re usually looking at some form of body fluids, whether it’s blood or saliva or something like that,” Pfoff said.

Pfoff said the amount of evidence is so small, it’s likely not visible to the eye — meaning testing that evidence once would prevent any follow-up testing moving forward.

Judge Linda Billings-Vela will decide on the motion for consumptive testing, as well as another motion on whether to allow Frazee himself to see the probable cause affidavit, in a Friday motions hearing.

Frazee is due back in court Thursday for a custody hearing. Both Berreth and Frazee’s mothers are vying for custody of the couple’s 1-year-old daughter.