Defense attorneys for the Colorado man accused of murdering his fiancee on Thanksgiving last year are asking the court to exclude evidence ahead of the October trial.
Patrick Frazee’s public defenders filed a motion to suppress evidence based on a meeting he had with a Teller County Department of Human Services employee on December 26, just five days after his arrest.
The employee asked a series of child welfare questions which resulted in Frazee’s child being taken into custody and given to the parents of alleged murder victim Kelsey Berreth while the criminal proceedings continue.
But defenders argue the questions asked of Frazee included some pointed questions about what happened around Thanksgiving, as well as if Frazee or Berreth shared a history of substance abuse or neglect.
Green day: Multiple motions that have been filed in Patrick Frazee’s upcoming court case were released on Monday (Frazee above in April)
Moll face: His guilt or innocence hinges almost entirely on the testimony of his mistress-turned-moll Krystal Kenney (mugshot above), who cleaned the crime scene
According to Frazee’s attorney Adam Stiegerwald, these question pose a problem as they are focused on criminal activity.
Frazee was not read his Miranda rights during the meeting, which lasted between up to 90 minutes and Stiegerwald was not made aware of the meeting, KOAA reports.
Because the 16-page assessment report was then delivered to a number of police bodies, Stiegerwald said the case worker was essentially working on behalf of law enforcement.
The defense is therefore urging Judge Scott Sells to withhold that evidence, with a decision to be made next week.
Lead Prosecutor Jennifer Viehman pointed out she is not a law enforcement employee and was only doing her job.
Meanwhile, it was reported earlier in the week that Frazee is likely introduce another proposed suspect when his trial starts.
There is no information on the suspect Frazee plans to introduce, but it would seem that the most likely candidate would be Krystal Lee Kenney.
Frazee’s former girlfriend-turned-mistress has already admitted to cleaning up the murder scene, helping to dispose of the body and attempting to murder Berreth multiple times in the past.
Kenney had already cooperated with authorities and is the lone eyewitness to the alleged murder and cover-up, making her crucial to the state’s case against Frazee.
Frazee is also asking that remarks he made to one official the day after Christmas be stricken from the record.
‘On December 26, 2018, Mr. Frazee, being held in custody at the Teller County Jail, was visited by a case worker for the Department of Human Services, Mary Longmire,’ states that motion.
‘Ms. Longmire came at 3:00 but was told she was unable to meet with Mr. Frazee at that time because Mr. Frazee was in a meeting with members of the Public Defenders Office. Without conferring with Mr. Frazee’s attorney, Ms. Longmire returned at 7:00 pm that evening to serve upon Mr. Frazee a Notice of the Preliminary Protective Proceeding.’
It continues: ‘Mr. Frazee was directed to sign the form, and provide for the release of documentation from the Teller County Department of Social Services.’
The arrest warrant states that Frazee then left the murder scene untouched for two days, refusing to clean the blood from Berreth’s home and instead having Kenney scrub the floors and search for the young mother’s missing teeth.
After Krystal was finished, she and Frazee watched Berreth’s body burn together on his farm, according to the court filing.
That filing also reveals that Frazee and Berreth’s 17-month-old daughter was in her playpen in the next room while her father allegedly killed her mother.
Commander Chris Adams of the Woodland Park Police Department wrote in the affidavit that Kenney provided details of the crime after she was approached by agents from both the Federal and Colorado Bureau of Investigations.
Killed, family: Her daughter is a ward of the state but is being cared for and living with her parents until the end of the trial
‘Frazee used a baseball bat to kill Berreth in the living room of [her] residence on November 22nd of November, 2018,’ states the filing.
‘Frazee had tied something around Berreth’s eyes, and was having her guess the scents of different candles.
‘While she was blindfolded and distracted, he hit her with the bat, causing her death.’
It goes on to state: ‘Frazee was concerned he left a tooth behind in the residence, because when he hit her in the face with the bat, it presumably caused several of her teeth to be dislodged.’
Krystal told police that she later found the tooth and disposed of it while cleaning the crime scene.
In the two days between Frazee killing Berreth and burning her remains, he had been keeping the body in a black tote hidden away on the Nash Ranch according to Krystal.
Gregg Slater testified earlier this year that Frazee killed Berreth on Thanksgiving and then called Kenney, telling her that ‘she had a mess to clean up’.
Krystal then drove 13 hours overnight from Idaho to Colorado, where she cleaned Berreth’s blood-soaked house for four hours, it is claimed.
Frazee meanwhile left the murder scene to have Thanksgiving dinner with his family and then allegedly returned to collect Berreth’s body and burn it on a pile of haystacks at a nearby farm said Slater.
Prior to that, Frazee had asked Krystal to kill Berreth four times, and she almost carried out those orders on two occasions, said Slater.
The first time was in September, when she befriended Berreth by pretending to be a neighbor and then gave the woman a drug-laced beverage from Starbucks, it is claimed.
Frazee then asked her to bludgeon Berreth with a bat and beat her to death with a pipe, which Krystal told agents she almost did, backing out when she arrived at Berreth’s home and saw she was not alone, the court heard.
Krystal had been in Reno on the fourth occasion and could not book a ticket to fly in to Colorado, said Slater.
Slater said that the mistress did all this because she feared for her life and the lives of her two children.
Krystal did not carry out Frazee’s final order either, according to Slater, opting to leave two patches of blood as evidence in the house for authorities to find when they searched for evidence. She then went to eat at a nearby Sonic.