Search warrants used to collect evidence against Patrick Frazee, the man accused of killing his fiance and Woodland Park mother, Kelsey Berreth, will be released at some point this week, a Teller County Judge ruled Monday morning.
Discussion in court indicated the search warrants are related to Facebook messages, internet search history, and cell phone records. In total, 28 search warrants are included in the order, six of which have not been returned.
While making his decision the judge said the search warrants are public record and they were made public during the preliminary hearing in February that determined there was enough evidence for Frazee to stand in a full trial.
The ruling was one of two made on media requests Monday. The other asked for the release of pictures and recordings, neither of which will be released. The court, prosecution and defense teams agreed that any potential jurors should first hear and see the specific pieces of evidence during the context of a trial.
The audio recording had also been played during the February 19 preliminary hearing, but the judge expressed his concern it could be spliced or doctored in other ways that could influence a potential juror.
The motion that was the original cause for Monday’s hearing was not decided on.
The is for a piece of evidence that will go through DNA testing and the testing itself, could destroy the evidence. At issue, is the presence of a defense expert during the testing, conducted by the Colorado Bureau of Investigation.
According to CBI policy, the defense’s expert may only be present for most of the testing process, but not all of it.
Defense attorneys for Frazee say they have yet to be able to go through all of the evidence submitted into discovery by the prosecution and worry about the possibility of the piece of evidence in question needing further examination. If it is destroyed, they say, they will not be able to examine or use it at a later time.
The defense says they want to learn the value of the piece of evidence before it is tested and destroyed.
The judge agreed with the defense that their expert has the rightful authority to be present for the testing and tasked the prosecution and defense with finding a solution together.
The final matter addressed in the Teller County Combined Court Monday was for Frazee’s arraignment.
Originally, the date was set for Monday, April 8, but is now set for three days earlier, Friday, April 5. The judge said, Mondays have busy dockets and he doesn’t want any conflict for other cases with the potential of a camera in the courtroom for Frazee’s arraignment.
Patrick Frazzee is charged with four crimes, including first-degree murder for the disappearance of his fiance and Woodland Park mother, Kelsey Berreth who went missing on November 22, 2018.
Authorities believe, Frazee killed Berreth in her home with the help of his girlfriend, Krystal Lee Kenney.
Kenney has pleaded guilty to tampering in the case and has testified for the prosecution.
Berreth or her remains have yet to be found.
Woodland Park Police and company Necrosearch International have been searching the Midway Landfill in Fountain since February 25 for Berreth’s remains and anything related to the case. Senior Deputy District Attorney Jennifer Viehman says she had not heard of any update of the search as of Monday morning.
Resources for victims of domestic violence
National Domestic Violence Hotline: Call the hotline at 1-800-799-7233 or visit thehotline.org for free help 24 hours a day.
Violence Free Colorado: Visit violencefreecolorado.org to find resources by county in Colorado. The website also has other resources, including information on how to help a loved one who is being abused.
TESSA of Colorado Springs: Call the 24-Hour Safe Line at 719-633-3819, or visit tessacs.org.
YWCA of Pueblo: Call the 24-hour crisis hotline at 719-545-8195, or visit ywcapueblo.com.