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Patrick Frazee scheduled for hearings on child custody and evidence in murder case

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WOODLAND PARK – Accused murderer Patrick Frazee is expected in court twice this week as his attorneys manage both the child custody case involving the daughter from his relationship with Kelsey Berreth, and discuss the use of evidence that would be destroyed in testing requested by prosecutors.

The custody hearing will take place in a Cripple Creek courtroom on Thursday. The grandparents on both sides of the family have sought to gain or retain custody of the child following Berreth’s death and Frazee’s arrest on charges of first degree murder.

Back in April, a judge once again ruled Patrick Frazee and Kelsey Berreth’s daughter will remain in the custody of Berreth’s parents for now.

Members of the media will not be allowed in that hearing in order to protect the privacy of the child.

  • Kesely Berreth<div class="caption-wrap"><div class="caption">Kelsey Berreth was last seen in Woodland Park on Nov. 22nd.

Then on Friday, there’s the hearing on consumptive evidence testing, tests that would destroy an entire sample. As part of our coverage on the case, News5 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.

Frazee is accused of murdering Berreth on Thanksgiving last year at her home in Woodland Park. He’s also accused of trying to have his girlfriend, Krystal Kenney, kill Berreth multiple timesover the course of several months.

The murder trial is scheduled to start on October 28 and is expected to last three weeks.

Recently, the court has considered requests from the defense to heavily restrict the presence and access to the case by media, citing concerns about the possibility of conducting a fair trial. In Colorado, media is not guaranteed access to a courtroom with recording equipment. News organizations must file requests with the presiding judge for coverage.