CRIPPLE CREEK, Colo. — The trial against Patrick Frazee moved into its sixth day of testimony Friday.
Frazee is accused of beating Kelsey Berreth to death with a baseball bat in front of their young daughter last Thanksgiving.
He is also accused of asking his ex-girlfriend, Krystal Lee Kenney*, to help him murder Berreth on three separate occasions.
*In court Wednesday, Kenney noted she now uses the name “Krystal Lee,” however FOX21 News will continue to refer to her as “Krystal Lee Kenney” or “Kenney”, for consistency.
Kenney testified against Frazee and pleaded guilty to tampering with evidence as a result of a plea deal she struck with prosecutors. She faces up to three years in prison.
Judge Scott Sells anticipates this trial will last a minimum of three weeks and, as the first week of testimony comes to a close, already the crowds of journalists and spectators has noticeably thinned.
Still, one man, Darrell Berreth, Kelsey’s father, has faithfully attended every day of Frazee’s trial. On Thursday, he broke down during Kenney’s testimony, as she described the sight of his daughter’s blood on the floors and the walls of her condo. And covering some of his granddaughter’s toys.
On Friday morning, the first witness to take the stand was Julie Nash. She manages Nash Ranch, near Westcliffe, with her brother. They leased part of the ranch out to Frazee. Nash provided a list of people who have access to the ranch.
Next, Frank Hurst, with the Elizabeth Police Department, took the stand. Hurst works as a K9 unit with a cadaver dog named Radar.
He provided a brief moment of levity when he told the court the 8-year-old bloodhound wouldn’t be joining them because, “he slobbers a lot.”
Hurst explained Radar, who is nationally recognized for his service, can find anything from a tooth to blood to human tissue.
Out at Nash Ranch, Hurst said Radar showed interest inside the barn and sat down near the hay bails. Hurst said sitting is how Radar communicates a positive hit.
When Hurst inspected the hay bails, he said they noticed some discoloration.
The prosecution played a video for the court, in which Radar could be seen reacting to the hay and sitting in the stained spot.
Hurst clarified Radar can tell the difference between scents left behind by human and animal blood and testified the dog would not alert his handler for animal blood.
Brian Eberly was next to testify. He is a private contractor with a cadaver dog and also works as a firefighter.
Eberly’s dog, also a bloodhound, named Lucy, searched Berreth’s vehicles and outside her home. Eberly said Lucy detected the scent of human decomposition outside of Berreth’s car.
Eberly described his dog as “90 percent accurate” and said she’s never given a false positive.
When questioned by the defense, Eberly said Lucy detected blood in a pair of underwear found in Berreth’s bathroom, but no where else in the house. Eberly only said it’d be “possible” for Lucy to detect blood that had been on walls for days. He said she’d typically respond to the area with the strongest scent.
Clement Abbondandolo was next on the stand. He is the senior director for the security department of St. Luke’s Health System in Idaho, where Krsytal Kenney worked as a nurse. He described her badge activity on November 21 and 23 of last year.
Next, the court heard from Sidney Kenney, Krystal’s father. Sidney said he had Thanksgiving dinner with Krystal and Chad Lee last year. He described leaving the house around 7 or 8 p.m. and said his daughter was there when he left.
Krsytal’s father testified that he also saw his daughter on the evening of November 23, 2018 and then not again until some time on November 25.
And though he said he was “aware” of Patrick Frazee, he also said he’d never met Frazee. He noted that what Krystal said of Frazee, he didn’t like.
After a brief break late Friday morning, the court heard from Shannon Kadiuras, who now works at a Sonic drive-in in Colorado Springs, but previously managed the restaurant in Woodland Park.
Kadiuras described the locations and viewpoints of the security cameras at the Woodland Park Sonic. She said she gave investigators footage after they requested video on November 24, 2018.
Investigator Stephanie Courtney was next to testify, she told the court she had reviewed the video Kadiuras provided. She said that they were looking for a black Volkswagen Passat around 1 pm, that she did find that car in the video, and that she was able to capture three still pictures.
Jurors were shown a picture of Krystal Lee Kenney behind the wheel of the black Volkswagen Passat, grabbing food from the drive thru around 1 pm. Another photo showed the car in line for the drive thru, and the last photo showed Kenney putting something in the passenger seat, just outside of the sonic.
The eighth witness was William David Stover, the manager for a Sonic and Mountian Burger Grill, Conoco in Florissant. He also provided security camera footage.
Next Investigator Christopher Adams took the stand, he is a current employee of CBI, and formerly of the Woodland Park Police Department. Adams said they collected the previously mentioned photos and videos from sites specifically mentioned by Kenney and they were able to put together the following timeline:
- 4:17 p.m. – Black Volkswagon Passat drove into the Conoco Gas Station
- 4:32 p.m. – Red truck pulled into Conoco Gas Station (driver identified as Patrick Frazee)
- 4:43 p.m. – Frazee pumped gas into red can
- 4:48 p.m. – Frazee’s truck pulled away from gas pump, parked near Passat
- 4:49 p.m. – Frazee’s truck left Conoco, headed east, no tote in back. Passat stayed put.
- 6:57 p.m. – Frazee’s truck returned to Conoco Gas Station
- 6:59 p.m. – Passat pulled out of the Conoco Gas Station and traveled toward Florissant
- 9:37 p.m. – Passat pulled into Conoco Gas Station with Kenney at the wheel
- 9:43 p.m. Frazee’s truck came into camera view. Prosecutors said they didn’t know how long it had been there. It pulled out and headed in the direction of Florissant.
After lunch Friday, Special Agent Charles DeFrance was called to take the stand. He is the senior agent for the Search Team with the FBI. He was out on all of the searches. He mentioned he has a 32 person team then it’s broken up by groups of 8.
DeFrance explained how they investigate, their plans for the search, documenting items at scenes to try and determine if the person left willingly or otherwise. More than 50 pictures were shown to jurors of items of Kelsey Berreth’s clothes. DeFrance explained that they wanted to document personal belongings in her home like clothes to determine whether there was enough items in Berreth’s home that would show that she didn’t plan to leave.
District Attorney Dan May said Krystal Lee Kenney hadn’t come forward to investigators until December 20 and that is why DeFrances team came back out to search on December 21. With Kenney’s information the FBI had new information to search for so they brought out 7 K-9 Teams and more than 100 search and rescue personnel.
DeFrance said they wouldn’t have found the burn area on Frazee’s property without Kenney’s information. DeFrance also saw a big black tote during their search on the 14 or 15 but when they returned on the 21st they collected the big black tote that was similar to the one she said Frazee had put Kelsey Berreth’s body in. The big black tote was brought into the courtroom as well as a red gas can.
DeFrance said on the 15 Berreth’s home was relatively cleaned and then later called it a “substantial” clean up after hearing Kenney’s information.
The next witness to testify was Special Agent Ashley Cate and has been with the FBI since June of 2010. She is a team leader for searching for Berreth.
The jurors saw photos of about 12 oil and gas receipts from November of 2018 inside Frazee’s home. Cate collected these receipts from a drawer in Frazee’s home. She had found one receipt for getting gas on November 24 at 4:44 pm for 23.446 gallons which cost $74.
Next up was Special Agent Donald Peterson for the FBI and works with the Safe Streets Task Force. He is the alpha team leader for the Evidence Response Team.
He was the Team leader for the outside search at the Florissant search on Dec. 14 and 15, December 21. The property is 35 acres and didn’t locate the burn pit on Dec. 14, 15. Peterson asked questions to Krystal Lee Kenney about the burn spot on Dec. 21. Peterson said that from Frazee’s house you could see the burn area.
Peterson showed pictures where his team had taken pick axes to drag lines in the ground to show the discoloration under the gravel. They did this multiple times to see how big the area was. Then they used hand tools to remove the top layer of soil to show how big the area was that had been burned. Peterson said the width of the burn mark was about 5 feet and the height was nearly 8 feet. Then his team collected the burn pieces and packaged them.
Peterson said there were different smells throughout the process, when they were breaking down the crusted part they could smell plastic. They filled up at least 8 paint cans with the excavated plastic crusted material from the ground. He said all that material got sifted.
Peterson said while they were sifting they believe they had found a tooth and collected it as evidence. Kelsey Berreth’s father looked at Frazee multiple times as the picture of a tooth was shown to the jurors.
The thirteenth witness to testify was Staff Operations Specialist Jamie Rojhani with the FBI and has been with the FBI for 12 years. She is the main photographer for the Search Team. She is a tactical analysis.
She photographed three bats found in the Frazee’s home on December 21. One was located in at the front of the house, another in the sunroom and another in the kitchen area. She also photographed a wooden club found in Frazee’s red truck.
She packaged up the red gas can for evidence and said that there was a quarter of gas inside so they dumped it out before packaging it. She said the gas can was close by the burned spot.
The next witness was Special Agent Stephanie Benitez. She has been with the FBI for 18 years. She is on the Evidence Response Team. She is the chief photographer.
She found a crystal Christmas ornament on a piece of furniture that was mailed to Frazee’s daughter but with Berreth’s address on it, the one Berreth’s brother had sent. She also found ownership paperwork with Kenney’s name on it for a horse in Frazee’s home. She also documented many oil cans.
She said the home did not seem safe for a toddler. She explained that there was a hot burning stove in the middle of the room with no baby gates around it, chemicals opened in the house, sharp edges.
Benitez also helped excavate the burned area outside of Frazee’s home. She described the wet soil when sifting was very oily and hard to sift since there were clumps and had to push and shake through the mesh. She found the tooth which was partial.
The final witness called to the stand was Joe Moore, who was a life-long friend to Frazee. He helped Frazee with some of his cattle. He said he had first met Frazee when Frazee was about 10 or 12 years old because his kids were in activities like 4-H together. Moore said Frazee got him into the cattle business.
“If there was ever a problem with a calf, he would come help,” Moore said.
District Attorney Dan May asked questions about how many properties Moore knew that Frazee leased from and how far those places were from Florissant.
Moore went out with investigators to the Nash Ranch and helped the cadaver dog get up on the top of the hay with the Frazee’s tractor.
District Attorney Dan May asked what they would talk about when they were together. Moore said they would talk about the land, dating life, cattle, really anything. Moore said he lived precariously through Frazee since he was a young man.
In November or December of 2018, Moore described his relationship as great and friends.
“He could call me day or night, and If he needed help he would call me and If I needed help he would help… I called him a red headed step child,” Moore explained.
Moore started to cry on the stand as he said he was having a hard time internally.
”You don’t want to picture someone who you have known so long and trusted and think that they have done something like this,” Moore said.
If Moore or his wife were gone he had Frazee look over the critters.
“We were very darn close,” Moore added.
He met Kelsey Berreth at the Snider Ranch in the first part of November 2016 before she was pregnant. He described that they had to move the cows from one side of the road to the other and Frazee wanted Berreth to help. Moore said Frazee berated her horribly and yelled and cussed at her terribly. Moore met her only one other time briefly.
In October, Frazee called Moore to tell him that Berreth called him asking to take her to the ER. Moore didn’t understand that she was in Woodland Park and needed to go to Grand Junction to the ER. A few hours later Frazee called and found out that he was a dad.
Moore described a moment with Frazee where Frazee said, “Kids go missing from school yards or playgrounds all the time.” Moore replied, “you could go to jail for saying that.” Moore said Frazee then said, “I was just kidding.”
Moore also told jurors that another time Frazee mentioned about a hit man he knew.
On April 26 before Kelsey Berreth went missing, Frazee and Moore took bulls to Canon City to make sure that they were viable animals.
He asked Frazee,”how are things with your daughters mom?” Frazee answered, “I had figured out a way to kill her.” Moore quickly replied, “get that shit out of your head.” Then Frazee told Moore, “No body, no crime.” Moore replied, “get that out of your mind.”
In the summer of 2018, Frazee allegedly had mentioned to Moore that he had clients spying on Berreth taking pictures because he wanted to sue for custody. One instance he mentioned that he had a pic of Berreth leaving the baby in the car outside a liquors store while she was inside. Moore asked to see the photo but said it was at his house.
Moore asked how he was getting people to spy and Frazee replied, “If you do this for me, I’ll do this for you.”
There was a scene from a movie that Moore brought up to Frazee that he thought was really funny at the time, but said it’s not so funny anymore.
“Can’t live with em (women) and can’t kill em’ (women).”
Moore said that Frazee then said back, “Not so… no body, no crime.”
Berreth is a missing person at this point and Frazee allegedly told Moore, “if she committed suicide she could in Pike National Forest and no one would find her.” He said, “Patrick if her phone is pinging in Idaho how could she be in Pike National Forest,” and Frazee replied, “ya.”
On November 28 Moore said Frazee told him what he did on Thanksgiving day but was acting very odd and nervous. Frazee told him about the text messages he had exchanged with Berreth. It was like, “did you ever really love me.”
In December, as the two were heading to WestCliff, Moore never mentioned like “gee I wonder where she (Berreth) is or I wish she would just show up and this would all go away,” like Moore was thinking.
Moore noticed that Frazee had Berreth’s blood on his shirt, pants, and bottom of his boots. Frazee explained to Moore that it was from a nose bleed from a bar that had gotten kicked and hit her in the face
Frazee then allegedly asked Moore, “Do you think they (police) will find the blood?” Moore replied saying, “yea, they can find blood where you can’t see it.”
Moore told jurors that Frazee kept saying to him, “why do they (police) keep investigating cause if there is no body, there is no crime. Why do they (police) keep questioning me.”
Jurors then heard a call to Moore from Frazee when he was in jail.
Frazee said, “You know we are being recorded right? so I just need to ask if there has been any messing around (police activity) at the red barn (Nash Ranch)?” Moore replied, “not that I know of,” and Frazee said, “ok, just curious.”
Moore also said Frazee told him, “if I had known investigators and the media would be making such a big deal about this… I would have never,” that’s when Frazee stopped talking.
Moore is expected to be back on the stand answering questions from Frazee’s attorney’s and the jurors on Tuesday.
Court will resume Tuesday since Monday is Veterans Day.
The judge is not allowing any cameras in the courtroom or live reporting during the day.