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Agent testifies evidence would not have been found without Kenney

Posted at 12:14 PM, Nov 14, 2019
and last updated 2019-11-15 07:46:15-05

TELLER COUNTY — Patrick Frazee's murder trial is expected to wrap up soon after the judge in the case announced mid-morning Wednesday that closing arguments could get underway tomorrow.

Earlier this week, he mentioned attorneys had up to 60 witnesses to call for their testimony this week. So far, the case is likely on track to wrap up in the previously announced three week time frame.

We heard from forensic experts who testified blood found in Kelsey Berreth's home closely matches her DNA, Berreth's coworkers and the former owner of Berreth's townhome. To read more of those testimonies, click here.

As cameras, live tweeting and live blogging are not allowed during these proceedings, all of the information from the courtroom is drawn from extensive notes made by News 5's Sam Kraemer. Follow his updates online and on-air on News5 at 5, 6 and 10 p.m.

For more of our coverage from the beginning of Kelsey Berreth's case, you can click here .

Testimony Day 9 - November 14, 2019:

CSPD Analyst details Berreth's alleged murder and disposal of her body

Prosecutors called Kevin Clark, a senior criminal intelligence analyst with the CSPD Metro Vice Unit, to testify. Clark said he is regularly asked to create visual aids to support investigations from other law enforcement groups, and that Agent Hoyland asked for his help on Dec. 17.

Clark used phone records from Verizon, from phones belonging to Frazee, Berreth, and Kenney to build a “toll analysis” to determine other numbers that phone called and how frequently, among other information. He also compiled a thorough timeline of locations for Kenney, Berreth, and Frazee on the day Berreth is believed to have been killed and the following days.

Prosecutors have a couple more witnesses to call Friday morning. The judge says he is cautiously optimistic that closing arguments will take place Friday afternoon. If not, he expects them on Monday.

Court is in recess until Friday morning.

FBI Agent explains cell phone records

FBI Agent Kevin Hoyland returned to the witness stand to further explain how cell phone records connect Patrick Frazee and Krystal Kenney to Kelsey Berreth at the time she is believed to have been killed and her body disposed of.

Hoyland testified that Kenney received six calls, accounting for 160 minutes of talk time, from Frazee’s landline on Nov. 23, when she drove from Idaho to Colorado. He said Frazee placed more calls but Kenney’s phone did not receive them. He said records also showed multiple calls between the two in the ensuing days, as well as frequent proximity to Berreth’s phone.

Hoyland said police reached out just in time to get successful location hits from Berreth’s phone, because Verizon, her carrier, only retains that data for eight days. The final records for Berreth’s phone included a text to Frazee’s phone the night of Nov. 25, a response a few minutes later, and two phone calls that went straight to voicemail.

Agent that interviewed Kenney says evidence would not have been found

CBI Agent Gregg Slater is back on the stand after the court's break. He was the main agent that interviewed Krystal Kenney.

Prosecutor Jennifer Viehman asks Slater about his interview with Kenney. Slater said he was one of three people who went to her home on Dec. 17.

He said they told her they knew she was involved in Berreth's case and that they had evidence to support it. Slater said they asked to hear her side of the story.

Kenney agreed to talk but asked to have an attorney present before she did, Slater said. Viehman asks where the investigation would be if Kenney didn't talk and Slater responded with, "I honestly don't know."

Slater said before the interview on Dec. 20 in Colorado Springs, it appeared to him that something happened in Berreth's bathroom and home. He said they knew Berreth was not heard from since Nov. 22 and that a cadaver dog detected something on the back of her Toyota Corolla.

"Everything that transpired was uncharacteristic of Kelsey Berreth's day-to-day life," he said.

Slater said before Kenney's interview, they did not know Frazee asked her to kill Berreth. He said they also did not know any events in September and October 2018 leading up to her disappearance, they did not know about the tote, Nash Ranch, the Conoco station or the burn pit.

He said they didn't know anything other than Berreth was missing and that her behavior was off. Slater said they did not know where Berreth's gun was until Kenney came forward.

The burn pit was not visible from the road at Frazee Ranch, Slater says, but he said he saw the discoloration in the dirt immediately. Kenney took them straight to the burn area.

Viehman asks if Kenney did not tell him about the blood in the townhome, would they have found the evidence and Slater says no.

Viehman and Slater go over text history from Frazee, Berreth and Cheryl Berreth's cell phones. Attorney Adam Stiegerwald asks if Kenney's agreement was signed before she was interviewed and Slater says yes.

Court will resume at 1 p.m.

Case worker testifies on custody of Kaylee

Mary Longmire was the case worker who determined who will get custody of Kaylee, Frazee and Berreth's daughter. Longmire conducted of interviews with anyone who was seeking custody of Kaylee. She said she met with Cheryl and Darrell Berreth, Sheila Frazee, Erin Frazee and her partner Pamela Flowers, and Frazee.

Longmire said she spoke with Frazee on Dec. 21 where they went through paperwork and then she spoke with him again on Dec. 26.

Viehman asks about the process and Longmire says she was working to gather information on Kaylee and Frazee and complete a social history. She said she wanted to do it quickly because they wanted to let Kaylee live with relatives who were out of state.

Longmire said Frazee explained his separation with Berreth and she said he indicated they were separated when Kaylee was born. Frazee said Berreth wanted to go her separate way and that he was the main financial provider, according to Longmire. She said he didn't say anything about Berreth's job at Doss Aviation until a later time.

She said she asked Frazee about Thanksgiving 2018 and he told her he called Berreth to pick up Kaylee on Nov. 21. Longmire said Frazee talked about their relationship and talked about custody.

Frazee told Longmire that he texted Berreth Friday, Nov. 23, and that it was decided Kaylee would stay with him the night, according to Longmire. She said Frazee told her Berreth wanted to go alone to church on Saturday and that night they continued a heated conversation about their relationship.

Longmire said Frazee told Berreth he would keep Kaylee "until the storm blew over" and in response, Frazee told Longmire she "lost it." Longmire said Frazee tried to call Berreth on Sunday but it went straight to voicemail. She said he told her he tried contacting Berreth through Wednesday, Nov. 28.

CBI agent explains searching Berreth's work space

CBI Agent Michael Hecht was asked to go to Doss Aviation in December to search through Berreth's work area for any sign of where she could be.

He said they were looking for any evidence, such as a suicide note or an itinerary.

Hecht says he could not find anything that would indicate where Berreth went and that he took photos of her desk before searching.

CBI Forensic expert retakes stand

Caitlin Rogers, forensic scientist for the Colorado Bureau of Investigation, retakes the stand.

Attorney Adam Stiegerwald questioned Rogers about the items tested for genetic material she testified about Wednesday. He runs through each of items and points out that both the DNAs of Kenney and Frazee were absent in the townhome.

On redirect, Jennifer Viehman asked Rogers if she knew about Kenney's interview with authorities in December 2018. She replied that she knew Kenney told police that she used bleach to clean up the crime scene and that she believes she was told Kenney wore protective gear.

Viehman asks if cleaning can destroy DNA and Rogers said yes. Rogers also said in response to Viehman's question that she was not surprised Kenney's DNA was not found because of the protective gear she wore while cleaning.

Background:

Patrick Frazee is accused of first-degree murder for the death of his fiancee, Kelsey Berreth, despite investigators never recovering her body since she was last seen alive on surveillance video inside the Woodland Park Safeway on Thanskgiving 2018.

Woodland Park Police have not found Berreth's remains. Berreth, 29, is presumed dead after prosecutors said Frazee, 33, her fiancé, beat her to death on Thanksgiving 2018. In December of last year, Patrick Frazee was arrested and charged with first-degree murder and solicitation to commit first-degree murder.

He faces eight total charges — two counts of first-degree murder, three counts of solicitation to commit first-degree murder, one count of tampering with a deceased human body and two counts of a crime of violence — for the presumed murder of Kelsey Berreth on Thanksgiving 2018. Click here to see the criminal complaint and arrest affidavit.

We will be updating this timeline with information from each testimony as the trial continues.

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Money problems:

The court heard from a handful of police officers, special agents and Frazee's brother, who described Thanksgiving Day at the family ranch Tuesday, Nov. 5.

Sean Frazee, the defendant's brother, testified that he and his siblings are still in a legal battle for their late father's assets with an estimated value of $400,000.

Combine that with documents seized from the Frazee Ranch showing Patrick essentially defaulted on a $70,000 loan, and other papers showing a possible custody arrangement, a picture emerges of money problems.

For more on his testimony and the other testimonies from Tuesday, Nov. 5, click here .
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Along with Kenney's testimony Wednesday, Nov. 6, the court heard from a FBI Special Agent who went over the phone records of Berreth's, Kenney's and Frazee's cell phones.

Click here to read the testimonies, include Kenney's, from Nov. 6.

Monday, Nov. 4, was filled with testimonies from Berreth's mother, brother, supervisor and among others.

Berreth's brother, Clint, explained how he found the blood on the underside of the toilet in her home. This turned the investigation from missing person to homicide. You can read more on his testimony and the rest of the testimonies from Monday, Nov. 4, here .

Based on opening statements, prosecutors plan to describe Frazee as a man who manipulated his fiancee, his girlfriend, his family, and those around him to get what he wanted. He's accused of asking his girlfriend, Krystal Kenney, to kill Berreth by using the argument that she was an unfit, abusive mother, and that their child would be safer with him.

On Frazee's behalf, the defense is arguing he is not the person who carried out this killing, citing how Kenney made a deal with authorities early in the case to avoid serious charges.

Click here to read opening statements made by prosecutors and the defense.

The entire case is expected to wrap up before Thanksgiving week.

RELATED:
Visit our Frazee Trial section of the site for complete coverage
Breaking down the case against Patrick Frazee for the murder of Kelsey Berreth
Kenney primed for key witness role in Frazee murder trial
Berreths seek justice; Frazee supporters optimistic ahead of trial
Patrick Frazee arrested for first-degree murder in Kelsey Berreth case
Warrants reveal cell phone evidence in Frazee case
Arrest affidavit released in case against Patrick Frazee
Drone video shows area where investigators searched Frazee property
All public documents in the Patrick Frazee case

Cameras and any live coverage of the trial are forbidden per judge's orders. News5's Sam Kraemer is covering the trial during breaks in proceedings. Be sure to follow him on social media for the latest.