Patrick Frazee, who is facing murder charges in connection with the disappearance of Woodland Park woman Kelsey Berreth, made his first court appearance Monday morning.
Prosecutors with the Fourth Judicial District Attorney’s Office filed five charges against Frazee. He is charged with two counts of first-degree murder and three counts of solicitation of first-degree murder.
Judge Linda Billings-Vela ruled that Frazee’s arrest affidavit will remain unavailable to the public, but the defense will be able to look at it.
“The judge has reviewed the arrest warrant in this case,” District Attorney Dan May said. “She has determined that there is probable cause for first-degree murder and solicitation to commit first-degree murder, which was what was presented in the arrest warrant. She is also determined a no-bond hold at this time.”
May said two motions will be discussed at a future hearing, including one sealing the probable cause affidavit from Frazee for a week.
“This is an ongoing criminal investigation with multiple leads that law enforcement needs to follow up on, and it’s extensive, so we are asking that that be sealed at this point until those leads can be followed up on,” Jennifer Viehman with the 4th Judicial District Attorney’s Office said.
Right now the judge has the documents suppressed, meaning the defense has access to them, but the public does not, and Frazee can’t look at them either.
Another motion discussed Monday by the prosecution was for consumptive testing, which means they have evidence so small that it can only be tested once without it being destroyed.
“Any time there is a very small amount of evidence, the lab will tell us that they cannot complete the testing without it being consumptive,” Viehman said. “We then notify the defense and the defense has an opportunity to send an expert and someone along to observe that testing.”
The next hearing in the case will be Friday at 1:30 p.m. During this hearing, the court will decide on the two motions put forth by the prosecution on Monday.
Evidence and testimony will be presented at a preliminary hearing on January 29 at 9 a.m. Frazee will be required to enter a plea after that. After Frazee enters the plea, the prosecution will have nine weeks to determine whether or not they will seek the death penalty.