Patrick Frazee wants statements to social worker suppressed in murder case – Canon City Daily Record
A Teller County judge could bar statements Patrick Frazee allegedly made to a social worker about claims Kelsey Berreth was abusive to their 1-year-old daughter Friday at a motions hearing in Cripple Creek.
Frazee, 33, of Florissant, who allegedly bludgeoned Berreth to death with a bat, has asked Judge Scott Sells to suppress statements he made to a case worker on Dec. 26, according to a motion filed on Monday. Those statements about abuse could support a theory that Frazee’s motive was to kill Berreth because of it.
Attorneys on both sides of the case may also weigh in about a request by prosecutors to compel Frazee to reveal whether he intends to present an alternative theory about who killed his fiancee at his trial scheduled to begin on Oct. 28.
The motions hearing started at 9 a.m. in Teller County District Court.
The prosecution document does not name a possible alternative suspect in the 29-year-old woman’s murder.
Idaho resident Krystal Jean Lee Kenney is Frazee’s primary accuser.
Kenney claims she helped clean blood and other evidence at Berreth’s Woodland Park townhouse after Berreth disappeared on Thanksgiving Day last year, according to an arrest warrant affidavit. Kenney told investigators Frazee confessed to her that he tied a sweater around Berreth’s face, beat her to death with a baseball bat and burned her body on his ranch, the affidavit said.
Kenney also had claimed Frazee asked her three times last fall to kill Berreth, and although she initially agreed to do so, she backed down each time, the affidavit said.
In a separate motion filed Monday, prosecutors are asking for a court order requiring Frazee to “submit its statement of the nature of the defense (including the notice of alibi) …”
Although Berreth’s body has not been found, prosecutors say they have strong evidence that she was murdered.
Among other charges, Frazee faces two counts of first-degree murder and three counts of solicitation to commit the murder.
Frazee’s attorneys filed the evidence suppression motion on Monday. It asks Judge Sells to suppress any statements collected during a custodial interrogation by Department of Human Services case worker Mary Longmire in the Teller County Jail claiming they were involuntary.
Longmire spoke to Frazee at 7 p.m. on Dec. 26 about the custody of Kaylee, the year-old daughter of Berreth and Frazee. But Longmire had not given Frazee a Miranda warning before taking statements that could be used against him in the criminal trial, the motion said. The motion said the legal advisories apply to not only police but also to “government agents” while collecting potential evidence in a criminal case.
Prosecutors have obtained Frazee’s statements made to child welfare workers.
Kenney told investigators that Frazee had confided to her that Berreth was physically abusive toward their daughter, according to an arrest warrant affidavit. Kenney claimed Frazee told her that they needed to “get rid of” Berreth so she couldn’t injure or kill Kaylee, the affidavit said.