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Blog: Patrick Frazee appears in court for preliminary hearing

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CRIPPLE CREEK – Patrick Frazee, the man suspected of killing his fiancée Kelsey Berreth, is appearing in court for a preliminary hearing Tuesday morning.

We’re expected to learn more about evidence authorities have gathered in the case, which has been sealed since his arrest on Dec. 21. Frazee will also have a chance to enter a plea at this court appearance.

News5’s Sam Kraemer is in court and is live tweeting updates from the courtroom. The court is not allowing video of the hearing, however, prosecutors are expected to hold a news conference afterward. That will be streamed at the top of this story.

We will post continuous updates below. Refresh this page for updates.

 

4:50 p.m.

Defense asks court to amend order limiting contact from Patrick Frazee to Kaylee Frazee. They’re asking for the court to address it moving forward. Judge agrees. That’s all for today.

4:46 p.m.

State now bringing up its motion for consumptive testing (first brought back on Dec. 31). Defense says it’s not ready to address that. Judge set that for a separate legal argument hearing on March 4 at 8:30 a.m.

4:43 p.m.

Judge Sells admits he hasn’t reviewed all search warrants, so he will not release those yet.

4:41 p.m.

Defense wants a hearing to unseal the entire docket. Judge ruled to release the arrest warrant, but deferred judgment on the entire docket. Should be released later today or tomorrow — they need time to redact.

4:36 p.m.

DA Dan May says he has no objection to releasing any of the search or arrest warrants after talking with law enforcement. May says there were 32 search warrants in conversation with the defense.

4:32 p.m.

Judge now addressing motions to unseal the arrest (probable cause) affidavit. Defense still wants it sealed & would like the media to talk with the defense before requesting future motions.

4:31 p.m.

Arraignment now set for April 8 at 8:30 a.m.

4:30 p.m.

4:29 p.m.

Judge, citing statutes for proof evident presumption great hearing, says the people have established probable cause in both first-degree murder counts. Same for all three solicitation counts.

4:25 p.m.

State replies that the sequence of events is irrelevant. Defense argued the theft took place after the alleged murder. Again, state says that doesn’t matter. Defense now citing case law.

4:24 p.m.

Questioning done. Stiegerwald now asking the court to review the third count, felony murder tied to robbery and suggests the judge review evidence presented today to toss that count out.

4:23 p.m.

Regarding treatment of the crime scene, state asks if it was treated fairly. Slater says yes

4:22 p.m.

4:18 p.m.

State asking Slater about Michelle Stein, a friend of Krystal’s and former paralegal in Idaho. Michelle, per Slater, was told what happened by Kenney. Kenney said, “she’s done with Patrick.” Slater says Michelle told Kenney she needed to tell someone.

4:15 p.m.

State reiterates that testing of certain possible blood spots, which Kenney pointed out, is not complete yet. But Slater touts his 30+ years in law enforcement to say he believes those spots are indeed blood.

4:14 p.m.

State asks about Kenney’s details given regarding her cleaning up Berreth’s townhome. Slater says she was very detailed & that it’s obvious Krystal has been inside that townhome.

4:12 p.m.

There were no reported sightings of Frazee at Nash Ranch between Nov. 22-24. Slater says no. Defense ends questioning. The state is now asking more.

4:11 p.m.

Defense asking if neighbors (especially the one whose surveillance was submitted) noticed anything out of the ordinary around Nov. 22. Defense asks if there’s footage of Frazee taking a big tote from the home, entering with a bat, or Kenney entering. Slater says no.

4:08 p.m.

Defense asking about Kenney’s view of Frazee. Slater says Frazee was Krystal’s first love & that she still loved him. This was taken from interviews with her.

 

<figcaption class="wp-caption-text" id="caption-attachment-172468">Krystal Kenney mug shot

4:06 p.m.

Defense acknowledging Kenney deliberately throwing off law enforcement with the cell phone. Slater says that was at Frazee’s direction.

4:05 p.m.

4:03 p.m.

Frazee is staring straight ahead, sometimes blinking his eyes and turning them toward Agent Slater.

4:01 p.m.

Defense adds Kenney used towels to cover a window above the sink, which is on the same wall as the front door to Berreth’s townhome. Defense going through Kenney’s clean-up efforts now.

4:00 p.m.

Defense points out Kenney said she didn’t think Kelsey was abusing Kaylee, but still drove to Kelsey’s townhome on multiple occasions to try to kill Kelsey Berreth.

3:58 p.m.

Slater confirming Kenney brought an aluminum bat the third time, which he agrees (with the defense) was the closest she came to committing the crime. Defense points out she didn’t once warn Kelsey Berreth about what was happening.

3:56 p.m.

It was Krystal who tried establishing rapport & gave Berreth the number to the burner phone on the Sept. 23 visit. Krystal destroyed that phone & actually got another burner phone before her Oct. 15 visit to Kelsey’s home, defense & Slater agree.

3:54 p.m

3:52 p.m.

Investigators then went to Kenney’s home on Dec. 18 with proof she lied to the FBI and about her knowledge of what happened. Kenney wouldn’t speak without her attorney present, which then happened on Dec. 20 after reaching an agreement with the DA’s Office about her charges.

3:50 p.m.

At some point, investigators bring up the ping from Kelsey’s phone in Idaho. Kenney says she didn’t know. Kenney also refused to release her phone records at that point.

3:49 p.m.

Defense now moving to Krystal Kenney’s interview on Dec. 14 in Las Vegas. She denied knowing about Kelsey Berreth & denied having a personal relationship with Frazee.

3:47 p.m.

Defense now asking about Krystal’s Aunt Kristi. Kristi was with Krystal during her trip to Vegas & didn’t notice odd behavior. Kristi, per Slater, was unaware of Krystal’s relationship with Frazee and Berreth’s disappearance.

3:44 p.m.

Defense asking if Slater was involved in discussion with Chad Lee, Krystal’s estranged husband. The defense says Lee didn’t know much about Frazee. Same goes for Krystal’s dad, who didn’t notice anything different on Thanksgiving Day when he was with Krystal.

3:43 p.m.

Talking about Kelsey’s admittance to a depression clinic. Kelsey was diagnosed with severe, non-suicidal depression. Defense asks if she lied, knowing she told Doss she had chronic fatigue. Slater said no, they were related.

3:41 p.m.

Defense asks if Slater was the one to ask Frazee to meet on Dec. 4, when they eventually met in Colorado Springs. Slater said no, it was Agent Torres, and that there was an agreement to meet at a Five Guys restaurant. In that meeting the defense says Patrick talked to his brother Sean before talking to investigators. He then said he’d give a statement but wanted to talk to an attorney.

3:39 p.m.

Now shifting to cell phone data. Defense asking if Slater knows anything about the number of cell towers in the area. Slater says he does not.

3:38 p.m.

Defense asks Slater if Frazee alluded to not wanting to give Kelsey her gun back. Slater confirms.

3:36 p.m.

The defense is now focused on Slater’s conversation with the Berreths. Defense pointing out Cheryl didn’t reach out to Kelsey for about a week, between Nov. 25 and Dec. 2. Conversation now between Frazee & Cheryl Berreth on Dec. 2. Cheryl texted him asking to check in on Kelsey. Patrick called back with details about Kelsey wanting to go her separate way.

3:33 p.m.

Slater says he wasn’t involved in the search & processing of Frazee’s truck. Defense asks if he’s aware no blood or other signs of human decomposition were found inside the truck. Slater said no — but that he believed the cadaver dog wasn’t run by the truck

3:31 p.m.

Defense points out the DNA of another male was found in Kelsey’s sink. Tests revealed it wasn’t that of Patrick Frazee.

3:30 p.m.

Dec. 6 search then processed Kelsey Berreth’s home with more DNA experts. Defense asking specifics about colors in Kelsey’s bathroom. Only blood spot visible to eye was in the toilet. Not to be insensitive, but defense points out Kelsey was on her period at that time. Slater confirmed he found tampons in the trash.

3:27 p.m.

Slater says a cadaver dog used during a search of the home showed interest in a pair of Kelsey Berreth’s underwear, and also alerted near her Toyota. The car was searched. Investigators used a chemical process to test for any contents for blood, a sock reacted positively.

3:18 p.m.

Recess ends. Defense is now cross-examining CBI Agent Slater. The Defense points out Berreth’s parents stayed in her townhome from December 3rd – 6th, which is not normal as it is considered a crime scene. During questioning, Slater says there was no evidence visible in the home during a search on December 4th.

3:06 p.m.

Another quick recess. By the way, Woodland Park Police Chief Miles De Young is now here. He wasn’t in the morning session.

3:05 p.m.

Slater says suspected blood splatter was found underneath some chairs. Another photo includes floorboards that have suspected blood splatter between the tongue & grooves. Wasn’t visible to investigators until the floor was pulled up.

3:02 p.m.

Slater says CBI agents were able to find areas where blood remained in Berreth’s townhome. That includes the fireplace and a nearby wall with a light switch. Again, that matches Kenney’s story. Slater says testing on those samples isn’t complete yet.

2:58 p.m.

State enters exhibits 13-30. These are photos taken inside Kelsey’s townhome.

2:57 p.m.

Going back on Dec. 21, Slater says he could see the film residue on hard surfaces like the television, couch and other tabletops — the same areas Kenney wiped down when she cleaned up.

2:55 p.m.

Back to Berreth’s townhome. Slater says luminol, a substance used to detect trace amounts of blood at crime scenes, was used on Dec. 6 to find DNA, but it didn’t react. They (CBI) later tore out some of the hardwood floor in the living room.

2:53 p.m.

State asking if paperwork was seized from Frazee home regarding custody. Slater says they did find that on the first search of the property. It did pertain to Kaylee, Berreth and Frazee’s daughter. Slater says he believes the paperwork was dated August 2018, but the investigation showed no filings/court proceedings related to custody of Kaylee.

2:51 p.m.

Slater says a cadaver dog was brought to Nash Ranch eventually. It alerted to the specific discolored hay bale when positioned both underneath and above it.

2:49 p.m.

Slater says Arson Investigator Jerry Meams came to the Frazee property that day, Dec. 21. They excavated the area & found charred clumps of plastic. A test revealed there was an accelerant in the debris. The melted plastic was described as black & clumped into small balls.

2:47 p.m.

Slater said he didn’t see anything charred in the dirt there. He just noticed the discoloration. FBI evidence team was present. Kenney also pointed out a small red plastic gas can & totes similar to what she said Frazee used to transport Kelsey’s body.

2:46 p.m.

2:45 p.m.

At Frazee’s property, Slater said something caught his eye. In Afghanistan, he says he was trained to detect where IEDs,  improvised explosive device, was. He noticed a distinct discoloration in an area that Kenney eventually pointed out as the burn area. The dirt was darker there than nearby.

2:42 p.m.

They went to Frazee’s property first that day. Kenney showed investigators where the burn was. New exhibit (#12) is a photo of an aerial view with a pin indicating where the burn area was. Again these site visits were Dec. 21. Slater says Kenney had no difficulty remembering where the burn area & Nash Ranch were.

2:41 p.m.

Kenney, on Dec. 20, said Frazee had to climb this large stack & go to the back to grab the tote and a plastic bag containing Kelsey’s gun. The tractor was used to bring the tote down from the top of the stack, Slater says.

2:39 p.m.

More exhibits. First (#9) is a photo of two red barns on Nash Ranch. Second (#10) is a photo of a bale of hay that is distinctively discolored from other bale. Third (#11) is the tractor Slater says Frazee used to move the hay bale.

2:36 p.m.

The sites where investigators and Kenney visited during the second interview with CSPD: the Nash Ranch, Kelsey’s townhome & back to the Frazee residence. Those were on Dec. 21, state says.

2:35 p.m.

When interviewing Kenney, Slater says she did not know Berreth’s phone also pinged near Grand Junction & Salt Lake. Remember, we all only knew about Gooding, Idaho.

2:34 p.m.

About the gun — Slater says they were able to track down Mark Pearson and get the gun. Pearson said he got it from Kenney. An ATF analysis revealed it is Kelsey Berreth’s.

2:32 p.m.

Frazee, by the way, had his head down while writing notes on this when News5’s Sam Kraemer just looked.

2:30 p.m.

Slater says there was a second interview with Kenney at the Colorado Springs Police Department. This interview was much shorter, about 90 minutes. This was after law enforcement “went to some sites” with Krystal.

2:29 p.m.

Slater says Kenney gave investigators the locations of where she had Kelsey’s phone on for pings. She gave Kelsey’s gun to her high school friend Mark Pearson, saying it was her aunt’s gun and she just wanted to get rid of it.

2:27 p.m.

In conversation with Kenney, Slater says Patrick wanted to make it look like Kelsey Berreth just went off on her own. That’s also why Kenney took Berreth’s gun.

2:25 p.m.

Kenney tells police she left her phone on along the drive back so that police could find her. Kenney says she was instructed by Patrick to text him from Kelsey’s phone, “Do you even love me anymore,” and tell her supervisor about a trip to see her grandma.

2:24 p.m.

From there, Slater says Kenney took the remnants and discarded them at the hospital she worked at.

2:23 p.m.

She threw the keys (presumably to Berreth’s townhome) into a gorge in Gooding, Idaho. Kenney told investigators about her route back to Twin Falls. It matches the phone records. She then burned Kelsey’s phone & a burner phone in her yard.

2:21 p.m.

Kenney says the flame was so high that Sheila Frazee came onto the front porch to look. Kenney also grabbed the trash bags & Kelsey’s purse to burn in the fire. Kenney recalled seeing a “lump” in the tote. Again, not sure if it was Kelsey.

2:20 p.m.

Kenney couldn’t confirm if Kelsey Berreth was still in the tote. Frazee then pulled a trough & started a large fire with gasoline to burn the tote, Slater says, per Kenney.

2:18 p.m.

Frazee, per Kenney, used a ladder to put Kelsey Berreth’s body near a big haystack. They took the tote with her gun inside.

2:16 p.m.

This is all on Nov. 24. After that text, Kenney met Patrick at the Florissant Conoco Gas Station to go to the Nash property (can confirm it’s Nash). Kenney says Frazee backed the truck up to a large red barn.

2:15 p.m.

Frazee wanted Kenney to take the remains to Idaho. Kenney refused. Frazee said, “we’re finishing this.” So, at Frazee’s direction, Kenney texts Cheryl Berreth from Kelsey’s phone saying she’d call her tomorrow. Sheila Frazee had Kaylee.

2:13 p.m.

2:10 p.m.

Kenney says Frazee put Kelsey in a black tote and set that on the ground near the green Toyota before putting it in his truck & transporting her remains to a ranch in Fremont County. Didn’t catch the name. It sounded like Nash Ranch or Dash Ranch. Again, bad acoustics.

2:09 p.m.

Slater: Per Kenney, Frazee asked her if she cleaned up well. Kenney said she did the best she could, and Frazee said you better hope so. Then, Frazee said, “You don’t know how hard it was to go have Thanksgiving dinner after killing her.”

2:07 p.m.

Slater: Frazee essentially blindfolded Kelsey with the sweater. It was tied into a knot. Kenney found it cleaning up.

2:06 p.m.

2:05 p.m.

Kenney did find a tooth but threw it away. When she was done, she put the trash bags out front, got her car and then picked up the trash before going to Sonic.

2:04 p.m.

Per Slater, Kenney says she purposely left blood spatter in certain areas of the house. That includes spots on the fireplace, a switch near the fireplace, and the baby gate that was leaning on the wall that leads upstairs. Why she did that? She told Slater she wanted police to find that and find her soon.

2:02 p.m.

2:01 p.m.

Slater says Kenney used some Oxiclean & Windex from inside Berreth’s home. She wiped down windows, the television, tabletops, underneath chairs, the kitchen, the bathroom, the floors and stairs.

1:59 p.m.

Slater says after Kenney collected the items, she put some towels in the washing machine. She ran out of trash bags & used 4 bags from inside Berreth’s home. She also found bloody baby wipes, suggesting Frazee tried to clean up, and discarded though.

1:58 p.m.

Kenney collected a stuff animal, tin foil on top of cinnamon rolls, some of Kaylee’s toys and some cookie cutters that Frazee told her to clean. She put those in trash bags, along with curtains, pillows & a Bible with blood on it, and discarded those items.

1:57 p.m.

Going room by room starting in the living room, Frazee told Kenney to grab a sweater, look for a tooth in a vent & clean up Kaylee’s toys covered in blood.

1:56 p.m.

1:53 p.m.

Kenney brought gloves, a hair net, two trash bags, bleach, a white body suit (to keep things off her person) and booties (shoe covers). She brought those supplies from home, Slater says, because she had them from painting her home.

1:52 p.m.

Slater says Kenney exchanged her car with her friend Megan (unsure on spelling) on Nov. 23. It’s a Volkswagen Passat with expired plates. She left around 6:30 p.m. that day, arriving around 7:30 a.m. on Nov. 24.

1:50 p.m.

Kenney said she couldn’t come out right away, realizing what happened. Slater says Frazee said, “Just f***ing talk.” He made it clear to Kenney that she needed to bring things with her to “clean up.”

1:49 p.m.

1:47 p.m.

Frazee didn’t reach out to Kenney again until Nov. 21. Frazee asked what she was doing for Thanksgiving. Kenney, in hindsight, interpreted this as Frazee finding a way to make sure she couldn’t get out of it this time.

1:45 p.m.

On Nov. 3, Kenney was with family in Reno when Frazee called again with another “opportunity”. She told Slater she looked into airfare, but decided she couldn’t do it.

1:44 p.m.

At that point, Slater says Kenney saw Frazee as being angry again. “If you can’t do it, I’m gonna have to,” Slater says (which he’s attributing to Frazee). Slater thought that was around Oct. 23.

1:43 p.m.

Slater says Kenney came back about a week after the Oct. 15 incident. She brought a bat from home, parked outside Kelsey’s home & waited. Kenney realized she couldn’t do it, left the property and says she drove past Kelsey to Frazee’s residence.

1:42 p.m.

Again, per Slater, Frazee told Kenney she had another chance to “get rid of Kelsey”. This time he suggested a baseball bat. Slater says Kenney was told to “start swinging” when Kelsey comes home after an exchange of the baby.

1:40 p.m.

Slater says he believes Kenney left the pipe at the Frazee residence on Oct. 16. Per Slater, Sheila Frazee found the pipe and asked Patrick why it was there. Kenney told Frazee she just couldn’t do it. She was scared, per Slater.

1:39 p.m.

Why did she help? Kenney wanted to please Frazee and feared retaliatory action toward her own child from Frazee, per Slater.

1:38 p.m.

Slater: Kenney drove to Kelsey’s home. Got out of the car, but didn’t take the rod. She heard a dog barking, got in her car, drove to Frazee’s residence and left the rod at the gate of his home.

1:37 p.m.

1:35 p.m.

CBI Agent Slater retakes the stand. The horse trailer-Starbucks incident was Sept. 23 (it was misheard earlier that it was Nov.). Slater says Frazee was angry but told Kenney she had another chance on Oct. 15.

1:33 p.m.

Judge Sells says he thinks the evidence the state seeks from Sheila can be presented from other witnesses. She is still sequestered, so she is not allowed in the courtroom.

1:32 p.m.

The state wants to ask Sheila about the phone call on Nov. 22 from Patrick, witnessing the burn, and more. Judge reviewed the case law citations. He says this is not the time & place for Sheila’s testimony.

1:30 p.m.

Court is back in session. Judge says they talked about admitting Sheila Frazee as a witness. She is exercising her right to remain silent at the advisement of counsel.

12:07 p.m.

The court is in recess until 1:30 p.m. Mountain time.

 

<figcaption class="wp-caption-text" id="caption-attachment-172468">Krystal Kenney mug shot

12:00 p.m.

Slater: Kenney said that Frazee suggested poisoning a Caramel Macchiato from Starbucks with Ambien and other drugs to kill Kelsey Berreth, she carried some of those drugs as a nurse. Kenney said she went to the Starbucks and drove to Berreth’s townhome on Sept. 23, 2018. That’s when Kenney told Slater she gave her the coffee, which she told investigators wasn’t drugged. Slater said Kenney told him she told Berreth that she was a neighbor and she wanted to thank Berreth for finding her dogs.

Slater said Kenney told him that she didn’t drug the drink because “she didn’t want to hurt her.” Kenney said she texted Frazee afterward. Kenney told Slater that Frazee was angry. She said Frazee sent her an apology text later that day. According to Slater, Frazee told Kenney that there would be another chance.

11:58 a.m.

According to Slater’s testimony, Kenney said that Frazee told her that he was concerned Berreth was going to harm Kaylee Berreth. Krystal said Frazee told her that he wanted her to get ride of Kelsey. Slater said Kenney believed that statement meant that he meant it as killing Berreth.

11:50 a.m.

Slater said Kenney told him that Frazee told her she thought Kelsey Berreth was abusive toward their daughter. Slater said his investigation revealed no evidence of child abuse from Kelsey Berreth.

11:47 a.m.

Slater said Kenney and Frazee reconnected in Oct. 2017 and her relationship with Frazee started when she came to Colorado in March 2018. Kenney told investigators she didn’t know about Kelsey Berreth or Kaylee Berreth at that time.  Slater said Kenney learned about Kaylee in July and bough her a t-shirt and toys when she visited. Slater said that’s when she found out about Kelsey. She told Slater Frazee didn’t want to talk about his and Berreth’s relationship.

11:42 a.m.

According to testimony from Slater, Kenney said she came to Colorado on the weekend after Thanksgiving to meet with Frazee about a horse. Slater said Kenney claimed she didn’t know who Kelsey Berreth was.  Slater eventually said he visited her in Idaho on Dec. 18. She was arrested that day in Twin Falls, Idaho to provide DNA samples to investigators.

Slater said Kenney traveled to Boise, Idaho with her aunt to talk with an attorney. She then agreed to talk with authorities on Dec. 20. That interview happened in Colorado Springs.

11:38 a.m.

Slater said that it’s his understanding that Berreth and Frazee’s phone were near each other They both moved west from Woodland Park toward Florissant and Cripple Creek. The FBI first contacted Krystal Kenney on Dec. 14 and Slater said she didn’t disclose her relationship to Frazee with agents. She called it a business relationship that began in 2006.

11:34 a.m.

Slater said they found Frazee called his mother around 4:24 p.m. on Nov. 22 and they determined that the phone pinged off of a tower in Woodland Park, near Berreth’s townhome. Slater then said Frazee called an Idaho number at 4:37 p.m. that pinged off the same tower. Slater said records show he received a call from the same number, that one pinged off of a tower in Divide, located between Woodland Park and the Frazee property in Florissant.

11:30 a.m.

Slater said he called Frazee, who said he was with his brother Sean running errands in Colorado Springs. Slater said CBI agents met him at the Five Guys restaurant in Colorado Springs where they took Frazee’s phone. Slater said Frazee wanted to talk with a lawyer before talking with law enforcement.

11:27 a.m.

Slater said investigators collected swabs of Cheryl and Clint Berreth and they took a toothbrush, mouthguard and a bottle nipple from Kelsey’s bathroom. They said the blood returned with a high number, meaning investigators believe Kelsey Berreth’s blood was found in the bathroom.

11:25 a.m.

Slater said CBI agents and Woodland Park police returned to Berreth’s townhome on Dec. 6. They tested the bathroom using a chemical that reacts with blood that can’t be seen with the naked eye. Investigators said they found blood on the toilet, the outside of the bathtub, the bottom of the trash can, on the floor, on the vanity, on a wall near the toilet and on hinges in the bathroom.

11:21 a.m.

Slater said Kelsey Berreth’s parents texted him on Dec. 6 and said they thought they found blood in a toilet in the bathroom, on her television and on a doorknob inside the townhome. Slater was shown exhibits showing photos of the blood sent to him by Clint Berreth. Cheryl Berreth told Slater that she also noticed a bathroom mat was missing.

11:18 a.m.

Addressing Frazee’s accusations of Kelsey Berreth’s alcohol and drug problem, Slater said Berreth went to the Nedley Clinic in August 2018. Slater said that center doesn’t address drug and alcohol addiction, but  depression and anxiety issues.

11:14 a.m.

Slater said Doss Aviation’s HR Director Jennifer Banks told him that she talked with Frazee after Berreth’s disappearance. Slater said Banks told him that Frazee said Berreth dropped their daughter off and said she didn’t want anything to do with him anymore.

11:09 a.m.

Slater also said Berreth had dinner with a coworker (who wasn’t named) in the days before the Thanksgiving holiday.

11:05 a.m.

Slater said CBI agents met with Berreth’s supervisor at Doss Aviation. The supervisor told authorities that he received a text from Kelsey Berreth’s phone on Nov. 25 that she wouldn’t be at work and that she was going out of town to visit her grandmother. Slater said Cheryl Berreth was unaware of any trip to Washington, which is where Berreth’s grandmother lives. Slater also said that Cheryl Berreth found it strange that she would leave without talking with her about it.

11:02 a.m.

Slater said Cheryl told him that she received a text from Kelsey’s phone on the evening of Nov. 22 that Kelsey got her gun back and felt safe with Frazee. Slater said Frazee took the gun from Kelsey Berreth sometime around New Year’s Day.  According to Slater’s testimony, Cheryl Berreth said Frazee took it from Berreth because she put it to her head when they had an argument about finances.

10:59 a.m.

Slater said Cheryl Berreth told him that Kelsey didn’t discuss relationship problems with her. She said Kelsey planned to go out to dinner with Patrick Frazee and her daughter for Thanksgiving, but she said Kelsey wanted a dip recipe if something happened. According to Slater, Cheryl Berreth said Kelsey called her back at 9:17 a.m. on Nov. 22 to discuss Christmas plans, but there was no mention of travel to Idaho or Washington.

10:56 a.m.

Slater said he talked with Kelsey Berreth’s parents, Clint and Cheryl Berreth. Cheryl Berreth said she talked with her daughter for about 5 minutes around 9 a.m. on Nov. 22. Cheryl Berreth said Kelsey told her she didn’t get home until about 4 a.m. after meeting with Frazee the previous say to check on cattle.

10:53 a.m.

Slater was asked about searches near Berreth’s townhome with cadaver dogs. He said the dog alerted on the driver’s side rear bumper of Berreth’s Toyota Corolla , but the dog didn’t hit anywhere else on the vehicle. He also said there weren’t any tracks through the snow that was on the ground.

10:48 a.m.

Slater said he was brought in on the fourth day of Woodland Park Police’s investigation into Berreth’s disappearance to help look for her. He said his team wasn’t able to find credible evidence that Berreth had been spotted since Nov. 22.

10:47 a.m.

Court is back in session. CBI Agent Greg Slater has now taken the stand.

10:30 a.m.

The court is now taking a 15-minute recess.

10:28 a.m.

The state also asked Adams to explain his actions with on Berreth’s computer and her Facebook page. Adams said he couldn’t have gotten permission to access her Facebook profile. He said he didn’t post anything and did not see any previous activity or information about booked flights. Adams also said he saw nothing to indicate that she had left on a trip. He said her purse, keys and phone were missing, but her vehicles were still parked at the townhome.

10:26 a.m.

Prosecutors asked Adams if Sean Frazee and Patrick Frazee have an estranged relationship. Adams said that they do.

10:22 a.m.

The state is now questioning Adams again. Adams explained that the neighbor’s surveillance system is through Arlo Surveillance. The neighbor’s camera has seven days of storage, and the camera would activate with a motion sensor. That camera then sends a still to the owner from the clip.

10:19 a.m.

Frazee’s lawyer asked Adams about his interviews with Frazee’s brother, Sean Frazee. Adams said Sean Frazee arrived at Thanksgiving with his family around 2:30 p.m. and Patrick arrived later. Sean said he didn’t notice anything out of the ordinary. The defense claims Sean was a member of law enforcement and would have noticed suspicious behavior.

10:17 a.m.

The defense asked about Adams about surveillance video from the neighboring townhome. The defense asked Adams if they had photos of Frazee leaving the townhome with a black tote. Adams said police did not have those photos. The defense also asked if police knew how Frazee carried his tools around, and Adams said he did not.

10:10 a.m.

Adams said he found out that there may be blood inside the townhome on Dec. 6 after Berreth’s family allowed a search inside the home. He admitted that he missed the blood and the cadaver dogs did as well.

10:08 a.m.

Adams said he returned to the townhome on Dec. 4 for crime analysis from the CBI and they didn’t discover anything to determined the townhome was a crime scene. They searched the area with cadaver dogs, but they didn’t find her.

10:06 a.m.

Adams is now talking about his first search of Berreth’s townhome on Dec. 3. He said he saw a Safeway receipt inside, but he didn’t find any signs of a struggle, blood stains or signs of cleaning inside.

Adams said he also logged into her computer and logged into her Facebook account. He said he changed her password to access the account without permission.

10:03 a.m.

The defense is now asking Adams questions in cross-examination. Frazee’s attorney asked Adams if he was an expert on cell phone data and towers. Adams said he was not. The attorney asked if Adams knows where the towers are in Grand Junction, Salt Lake City and in Gooding. Adams said he didn’t know how many there were or their exact location.

10 a.m.

The state showed more stills from surveillance video at an Ent Credit Union location to the courtroom of Patrick Frazee. One of those showed him and the other showed a black tote in his truck. Adams said the tote played an important role in the case.

9:52 a.m.

Adams said Frazee also talked with Krystal Kenney on Nov. 24. Adams said Kenney was Frazee’s former girlfriend. Adams said she was in Colorado on Nov. 24 and he pointed out Kenney’s vehicle on surveillance video at the Sonic Drive-In in Woodland Park and at the Conoco station in Florissant.

Adams went on to say that Kenney’s phone pinged off of the same tower that Berreth’s phone did about one minute after Berreth’s phone did. Adams said data showed that both phones were traveling together.

9:46 a.m. 

Adams said the last text Frazee received from Berreth’s phone was “Do you even love me?” Adams obtained a warrant for data from Berreth and Frazee’s phones. Adams said both phones were near the townhome on Nov. 22, but later that day, they pinged near Divide. That evening, they pinged west of Cripple Creek.

Adams said the pings showed the phones were together. He also mentioned that data showed Frazee called Krystal Kenney and his mother later in the day on Nov. 22.

Adams said both phones pinged off the tower near the Frazee property in Florissant on the morning of Nov. 23. On Nov. 24, Adams said texts were exchanged between both phones near Florissant and Cripple Creek.

Adams said Berreth’s phone pinged off of a tower near Grand Junction, near Salt Lake City and in Gooding, Idaho on Nov.  25.

9:43 a.m.

A still frame from the surveillance camera showed Frazee, Berreth as well as the flowers that she picked up from the Safeway store in front of her door around 1 p.m. on Nov. 22. When asked if he was aware of another video showing Frazee there at 3:36 p.m., Adams said yes.

9:41 a.m.

Adams recounted combing through surveillance video of Berreth leaving the Safeway store. He said he saw her vehicle on a Walmart security camera, video from the Williams Furniture store and eventually he accessed video from one of Berreth’s neighbors. That video showed Frazee at Berreth’s townhome.  Her townhome became the focus of the investigation in the days leading up to Frazee’s arrest in December.

9:37 a.m.

Adams said Frazee told him he gained custody of his daughter on Nov. 22 and that Frazee never reported Berreth as missing in the 10 days after she was last seen.

9: 35 a.m.

Prosecutors played a recorded phone call of a conversation between Frazee and Woodland Park police officers. In the call, he said they had a heart-to-heart about their relationship not working out and that they wanted to go separate ways. He also mentioned that she wanted her keys and her gun back. He said she wanted space and that he’d respect her wishes. They did not agree to a custody arrangement on that call. He then told the officer that Kelsey texted him on Nov. 25 and that he got a message the following Friday that her “telephone expired.”

Frazee went on to say that she considered moving to Pueblo where she worked at Doss Aviation in Pueblo. Frazee said she moved frequently after arriving in Colorado in May 2016.  He said she lived in Colorado Springs first, then moved to Grand Junction before eventually finding a job with Doss in Pueblo.

Frazee said “We lived so separate lives for so long.” and he also claimed that the couple’s exchanges of their 1-year-old daughter were inconsistent.

9:12 a.m.

Prosecutors are now calling Chris Adams, Woodland Park Police Commander Chris Adams to the stand. Adams has been working the Berreth case since she was reported missing by her mother on Dec. 2.

9:10 a.m.

The defense called Sheila Frazee, Patrick Frazee’s mother, to the stand to testify. She refused and exercised her fifth amendment rights.  District Attorney Dan May said Sheila Frazee would know about a defendant showing up to her house on the day Berreth was last seen, however, Judge Scott Sells ruled in favor of Frazee’s refusal to testify.

9:04 a.m.

The state has named CBI Agent Greg Slater, Woodland Park Police officer Chris Adams and Michael Dalton as witnesses. Krystal Kenney, the woman who pleaded guilty to tampering with evidence for moving Berreth’s cell phone, is not a witness.

9:02 a.m.

The state has added three counts in addition to the two first-degree murder charges and the three solicitations to commit first-degree murder charges.

One of the new charges is for tampering with evidence and two for a crime of violence. This means Frazee now faces a total of eight counts.

8:57 a.m.

Patrick Frazee has arrived in the courtroom wearing a ballistic vest and shackles and a green-striped jumpsuit. News5’s Sam Kraemer notes that lawyers involved in the custody case are attending the hearing as is Frazee’s mother.

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