CRIPPLE CREEK, Colo. — The beginning of the fifth day of testimony in the trial against Patrick Frazee was delayed Thursday morning, due to Frazee and Krystal Lee Kenney* feeling sick.
*In court Wednesday, Kenney noted that she now uses the name “Krystal Lee,” however FOX21 News will continue to refer to her as “Krystal Lee Kenney” or “Kenney”, for consistency.
Frazee is being tried for the murder of Kelsey Berreth, his fiancee and the mother of his child, in November of last year. He’s also accused of asking Kenney to help him kill Berreth.
Her testimony against Frazee is the result of a plea deal she struck with prosecutors. She also pleaded guilty to tampering with evidence and faces a maximum of three years behind bars.
Back on the stand Thursday, Kenney said she traveled to Colorado on December 20, 2018, to be interviewed by investigators and to provide a full statement to the District Attorney’s Office.
She said it wasn’t easy, to tell the truth.
“I couldn’t live with what happened and Berreth’s family deserved to know what has happened,” Kenney said to investigators.
On Wednesday, she’d told jurors how Frazee had killed Berreth, by blindfolding her, telling her to guess the scent of a candle – and beating her with a bat.
On Thursday, Kenney added Frazee had also told her his young daughter was nearby, in a baby walker, when it happened.
Prosecutors showed jurors pictures of the interior of Berreth’s home and asked Kenny to point out where she had seen blood. Kenney also pointed out where she found some cleaning supplies.
Kenney told the court she saw bloody footprints leading up to the bathroom and the back room. As prosecutors went through pictures of evidence from Berreth’s home, she answered whether she wiped down items and with what specific cleaning product.
Kenney began to cry when prosecutors showed a picture of Berreth’s daughter, standing in front of items that Kenney said she found at the house, covered in blood, and had to throw away.
At this, Berreth’s father began to sob.
The prosecutor paused before moving to the next photo slide.
Frazee didn’t show any visible signs of emotion as the pictures were shown.
Over the next few photos, Kenney pointed out where she found a tooth in the living room and described how hard it was to clean blood from a wall by the fireplace.
She also walked jurors through a map showing where she traveled after cleaning up the murder scene. She said her next stop was the Woodland Park Sonic, where she bought lunch for herself and Frazee.
Jurors also watched a video showing Kenney talking to law enforcement at Frazee’s property on December 21, 2018, the day he was arrested.
She described the black tote where said Berreth’s body was kept and recalled the directions Frazee gave her, concerning Berreth’s phone.
In the video, Kenney showed investigators where she and Frazee had parked their vehicles and where she said Berreth’s body was burned.
As the video played out, Kenney looked away.
Frazee paid close attention to the screen.
A second video showed to jurors Thursday showed Kenney explaining to officers the contents of a garbage bag that was also burned on Frazee’s property in Florissant. Kenney added she’d thrown Berreth’s bible in the bag as well.
When the court resumed after lunch Thursday, prosecutors showed an aerial photo of Patrick Frazee’s property. They used that photo to demonstrate how Frazee moved the black tote, containing Berreth’s body, from his truck to a water trough near his home, where he allegedly set it on fire. Kenney explained where she parked and the timeline of events when Frazee allegedly destroyed that evidence.
Kenney also claimed Shelia Frazee, Patrick’s mother, saw her and saw the fire burning. Shelia is expected to testify.
Kenney said there were also teenagers working around the property at the time of the fire.
Prosecutors asked if she’s looked at the tote when it was burning. Kenney said, “it was a burning heap and it started to melt.” She said she left while the fire was still burning.
Kenney said she sent text messages from Berreth’s phone the next morning, November 25, per Frazee’s instructions.
Kenney said Frazee told her the fire burned well into the morning, but that it left remnant that needed to be taken to the dump. She testified that Frazee told her he was getting help from two boys. She said the boys didn’t know what they were helping with.
In Wednesday’s testimony, Kenney mentioned she’d told Frazee to “use [her] for what [she’s] worth”. On Thursday, prosecutors asked her what she meant by that comment.
Kenney said it’s something Frazee had said to her about his relationship with Berreth, that he only needed her to run errands and tend to his animals while he was away.
Defense attorney Adam Steigerwald asked Kenney if she knew what the punishment was for her current charges (tampering with evidence), versus what she’d face for attempted murder.
He pointed out that Kenney’s possible sentence, a max of three years in prison, thanks to a plea deal with the prosecution, is significantly lighter than it would have been had she been pegged for attempting to kill Berreth.
He said she didn’t give investigators much information until she had the chance to make that deal.
Steigerwald asked Kenney why, when Frazee called her to help clean up after Berreth’s murder, she didn’t tell anyone. He listed out every opportunity she had to tell someone, anyone, about what Frazee allegedly wanted her to do.
She said she didn’t think he was capable of murder.
The attorney also brought up the fact that Kenney lied to Frazee about having an abortion.
He ended saying, “So for the last 10 hours on the stand is the truth and is what you need to stay out of prison.” She replied it was the truth and “[she doesn’t] know if [she] will be in prison.”
When the prosecutor asked why she didn’t tell anyone about what happened the weekend of Thanksgiving 2018 Kenney replied, “I didn’t want anyone else involved. I knew that I was in a lot of trouble and I didn’t want anyone else in trouble.”
The prosecutor also asked if she wanted Frazee to get caught.
She responded, “yes”.
After answering a list of questions from the jury, Kenney was excused for the day.
Two hired hands took the stand after Krystal Lee Kenney testified Thursday afternoon. 18-year-old Kyle Ritchie took the stand first around 3:30 P.M.; his parents were also in the courtroom. 18-year-old Samual Dygert also testified and said he was best friends with Ritchie.
Ritchie said he met Frazee through family friends two years ago. Frazee hired Ritchie to be a ranch hand in June or July of 2018 until November. Ritchie’s best friend Sam Dygert was hired too. Ritchie said he was on Frazee’s property for five to six days a week. He said he worked on fencing, vehicles, and cleanup.
The prosecutors showed Ritchie various photos of Frazee’s home. One of the pictures that the prosecutor showed was an aerial photo of Frazee’s property.
According to Ritchie, Frazee asked him to move the rusty trough the week before Thanksgiving and to put wooden pallets in the trough. Ritchie said the wood pallets were piled four feet high. Ritchie said Frazee told him to do this to get things cleaned up.
He said it had been there the entire time he worked for Frazee. One of the exhibits shown to the jurors was a map with circles drawn on it by Ritchie about where he moved the trough.
The trough with wooden pallets was allegedly the one that Kenney said Frazee used to burn the black tote with Berreth’s body inside.
Ritchie said after Thanksgiving, he could tell the pallets had been burned, and there was a burning stench. Ritchie said Frazee confirmed there was a fire and told him that the flames had gotten at least 13 feet high. He said that Frazee told him his mother came out on the porch too.
Ritchie said there was also a new silver garbage can and said it was 2 feet away from the burned pallets. He didn’t know what was inside. Ritchie helped Frazee put the garbage can into Frazee’s truck.
Ritchie said the trough looked cleaned out when they grabbed the garbage can. Ritchie said Frazee asked him and Dygert to move the trough into the cattle trailer and said the trough was warm. Ritchie said they brought the trailer to the dump waste station throwing out the trough. Dygert also said this happened.
Ritchie said he filled in the spot where the trough once was with dirt. Ritchie was asked what a picture was, and he said it was dirt that he used to take to fill the spot on Frazee’s request. Frazee told him to make the spot look “pretty.”
Ritchie said this was the only time there was a fire and that he had to clean up after a fire.
Frazee’s defense attorney asked if he saw or smelt burnt plastic, and Ritchie said, “no.”
More witnesses are expected to take the stand on Friday.
This story will be updated throughout the day.