CRIPPLE CREEK — The state released new documents in the Patrick Frazee murder case ahead of his motions hearing Friday.
Among those documents, prosecutors filed a motion to require the defense to endorse an alternate suspect defense "if he intends to present such evidence at trial."
It's yet not clear what type of defense attorneys representing Frazee will attempt to use in his trial, and the defense has not specifically named an alternate suspect at this time.
The defense also filed a motion to suppress statements Frazee made to an employee with the Department of Human Services at the Teller County Jail five days after his arrest on Dec. 21. The defense said the employee didn't check with Frazee's attorney before asking him to allow the release of documents from the Teller County Department of Social Services. The defense also said the woman asked Frazee questions.
Prosecutors also want a jury pool of 250 people to chose from, citing the publicity of the trial as a potential reason why it may be difficult to seat a jury. The defense requested a jury pool of 300 people, citing similar concerns. Both prosecutors and the defense agreed to having four alternate jurors to the 12-seat jury.
The defense also asked for a total of 80 to 90 people for the final stage of jury selection to seat the 12-seat jury, while the prosecution proposed between 70 and 80 potential jurors. The defense proposed 80 to 90, citing the need to have enough potential jurors when both sides can begin to exercise peremptory challenges. A peremptory challenge allows attorneys on the defense and prosecution to dismiss a potential juror without providing a reason. Under the defense's proposal, it would allow the prosecution and the defense to pick 14 people who can be removed from the jury pool to seat the jury and the alternates.
Frazee, 32, faces eight total counts, including two counts of first-degree murder, for the murder of Berreth, 29, who's been missing since Thanksgiving. She was last seen shopping at a grocery store in Woodland Park.
Through interrogation of a second suspect — Krystal Kenney, an Idaho nurse who admitted to dating Frazee — prosecutors allege Frazee used a baseball bat to beat Berreth to death inside her Woodland Park townhome. Kenney told police Frazee had her drive down, clean up the scene and assist in destroying evidence. She admitted to taking Berreth's cell phone to deliver a ping off a tower in Idaho in an attempt to deceive police.
Frazee's trial is currently scheduled to begin on Oct. 28. His motions hearing is expected to last for much of the day on Friday. News5 will have complete coverage on koaa.com and on News5's Facebook and Twitter pages.