Frazee Trial: day two of testimony

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CRIPPLE CREEK, Colo. — Testimony continued Monday in the Patrick Frazee trial at the Teller County Courthouse in Cripple Creek.

Frazee is accused of killing Kelsey Berreth, his fiance and the mother of his child, last Thanksgiving.

Frazee is also accused of asking his ex-girlfriend, Krystal Kenney, a nurse from Idaho, to help him kill Berreth.

If convicted, Frazee faces life in prison without the possibility of parole.

On Friday, a jury was seated, opening statements were heard, and the first witness, Cheryl Berreth, Kelsey’s mother, was called to the stand. In her tearful testimony, she recalled talking to her daughter the night before her disappearance – and wishing Frazee a ‘happy Thanksgiving’.

Frazee listened to her testimony with no reaction.

On Monday, several other witnesses were called.

Clint Berreth, Kelsey’s older brother was first to take the stand on the second day of testimony. He described his relationship with his sister as a close one, and spoke of plans to create a Christmas tradition of annual ornaments for his niece.

Clint said he last spoke to Kelsey in November, though he’d sent his niece a crystal ornament and had called several times to make sure it had been received. When he didn’t get an answer from his sister, he said he thought she may have been angry with him for not making Christmas plans.

That memory appeared to be a difficult one for Clint, who began to cry on the stand.

Clint said their mother called him on December 2, asking if he’d heard from his sister. He said he advised her to call police right away and, together, they made the trip to Kelsey’s condo.

Inside, he described a confusing scene: the heat was left high, lights were on, and a tray of cinnamon rolls were out – but dry and hard.

He said he also checked the bathroom and found Kelsey’s make-up and toothbrush – two things he said she’d never leave behind.

Clint said nothing else seemed obviously wrong until days later, when sunlight highlighted cleaning marks on various items around his sister’s home. After that, he said he noticed blood on the toilet.

In court Monday, Frazee listened to Clint’s testimony, but his reserved demeanor remained unchanged.

Kelsey’s next door neighbor, Angela Gerber, took the stand next. Gerber said she was out of state on Thanksgiving Day, and wasn’t aware Berreth was missing until the following Monday, when a Woodland Park Police Officer knocked on her door.

Gerber said she assumed Frazee lived with Berreth, that she saw him “a good number of times” there, but never spoke with him.

Next, the infamous surveillance video, that captured Kelsey and her daughter walking into the Safeway Grocery Store in Woodland Park on November 22, came into play.


At the time of her disappearance, Kelsey was working at Doss Aviation in Pueblo.

Her manager, Raymond Siebring, was also called to testify on Monday. The prosecution zeroed in on text messages Siebring received from Kelsey’s phone.

Siebring said he’d never met Frazee, but mentioned Kelsey had texted that she was planning to bring him to the company’s upcoming Christmas party.

Days later, he said he got another text from Kelsey, asking for an extended period of time off following Thanksgiving, to tend to her sick grandmother.

He said he sent her several scheduling questions via text, but never heard back.

The defense team’s cross examination asked Siebring to compare punctuation and syntax between messages he received from Kelsey’s phone before and after the Thanksgiving holiday.

Next to take the stand was Woodland Park Police Corporal Deanna Currin, who’s been with WWPD for 14 years. Currin says she was initially assigned to the call when Kelsey was reported missing.

Currin first went to Kelsey’s house and, although no one was home, she noticed a package at the door and a service tag from Black Hills Energy.

Currin says she called Frazee next, that call was recorded – the recording played for the jury Monday afternoon.

In the call, Frazee tells Currin he had Kelsey had had a “heart to heart”, which involved her telling him she wanted to split up, due to the stress of commuting to Pueblo for work. He said she wanted all of her things returned to her.

Frazee told Currin he tried to talk sense to her, but eventually agreed to the arangement.

In court Monday as that audio played, Frazee kept his gaze downward, taking notes without any visible sign of emotion.

In the call, Frazee told Currin the daughter he shared with Kelsey was with him, and that their custody arrangement was “an exchange” made “in passing”.

Monday in court, Currin said she found Frazee’s lack of concern during the call odd. She also found it strange that the couple had not determined a date on which they’d exchange their daughter.

Still, at a later search of Kelsey’s home, Currin said she saw nothing obviously unusual: no signs of a disturbance, no blood, no phone, purse, or keys.

When she was cross examined over that cursory examination of Kelsey’s condo, Currin said they were only there to look for Kelsey and not to do a thorough search.

Woodland Park Police Sergeant Andrew Leibbrand was next to take the stand. He’s been with the WPPD for eight years.

He testified Monday that, as part of a welfare check, he broke into Kelsey’s home on December 2. He said no one was there at the time, but reiterated noticing an undisturbed scene: everything was clean, no sign of a struggle, just a full tray of cinnamon rolls.

Leibbrand said, again, at the time the case had been classified only as a missing person’s report.

Leibbrand was also involved in the December 21, 2018 questioning of Krystal Kenney, Frazee’s ex-girlfriend.

During cross examination, the defense team zeroed in on Leibbrand’s assertion that he’d not seen any sign of a struggle anywhere in Kelsey’s home.

District Attorney Dan May took over questioning for the prosecution when Detective Michael McDaniel was called up. McDaniel has been with WPPD for five years.

McDaniel said he became involved in the case on December 3, and took several pictures on that day and the following day.

Several of those pictures were shown to the jury on Monday.

The detective pointed out a front-facing picture of Kelsey’s vehicles – a truck and a black sedan. He explained, because it had snowed, he could tell the cars hadn’t moved for awhile – and noted it was strange that Kelsey had left home without a vehicle.

In other pictures, showing exteriors of Kelsey’s home, the detective reiterated comments made by his colleagues, that they’d seen no obvious signs of a break-in.

Once officers went inside the home, McDaniel said he grabbed Kelsey’s toothbrush in order to collect DNA. He explained DNA can help provide information in missing persons cases, especially if a missing person is later found dead.

McDaniel also noted that he started to sense Kelsey’s disappearance may be suspcious.

He said he made sure to carefully collect items and account for them. He sent the toothbrush and a mouth guard to the Colorado Bureau of Investigation for further testing.

In their cross examination of McDaniel, the defense asked about how officers broke into Kelsey’s home – noting they were able to do so without leaving signs of a forced entry.

Patricia Key of the Ent Credit Union in Woodland Park was the next witness called to the stand.

Key testified Monday that Woodland Park Police had asked her to investigate Kelsey, noting Berreth had an account there.

Key said during that process she talked, in person, with Patrick Frazee. She said Frazee asked for surveillance video of the ATM from Thanksgiving Day in order to show a “timeline” for that day.

She said he also asked her if a car seat could be seen in the video, which, she said, it could.

She also said Frazee was abrupt and contradicted himself several times.

Altogether, Key says she found the interaction so strange she contacted her company’s legal team.

During Key’s testimony, the jury was shown a still photo depicting Frazee, dressed in a black coat and a baseball cap, standing with another man at an ATM. A black tote could be seen as well.

Detective Chris Paulsen, of the El Paso County Sheriff’s Office, took the stand next. He said Monday he met with Frazee at a Five Guys restaurant in Colorado Springs on December 4, at which time he collected Frazee’s cell phone.

He noted Frazee was at the restaurant with his brother, Shawn, and his daughter.

The trial is expected to last three weeks.

The judge is not allowing any cameras in the courtroom or live reporting during the day.

This story will be updated throughout the day, stay with FOX21 News for the latest.

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