TELLER COUNTY, Colo. — Patrick Frazee, the man accused in the disappearance and death of Kelsey Berreth, has lost a major court battle.
On Wednesday, a judge ruled that statements Frazee made to the Department of Human Services while in custody could be used during his trial, which is set to begin in October.
Frazee’s defense team recently filed a motion to suppress those statements, saying the DHS social worker conducted law enforcement duties without reading Frazee his Miranda rights.
District Attorney Day May argued the statements made to DHS were voluntary and did not involve a law enforcement official, so a Miranda rights advisement was not required.
Most of the conversation Frazee had with the social worker involved custody arrangements of the daughter he shares with Berreth.
Frazee is due back in court October 18 for a pre-trial hearing.