Frazee trial: CBI agent says he doesn’t know where investigation would be without Kenney’s testimony


CRIPPLE CREEK, Colo. — A lead agent in the Patrick Frazee murder case testified on Thursday morning that he doesn’t know where the investigation would be without the testimony of Frazee’s ex-girlfriend Krystal Lee Kenney, who was accused of helping Frazee murder Berreth but took a plea deal on a tampering charge.

Frazee’s lead attorney, Adam Stiegerwald, pushed back on Kenney’s testimony, pointing out that she only provided information to investigators after the plea deal was signed.

Also on Thursday, jurors heard more testimony about the DNA evidence discovered inside Berreth’s townhome. Stiegerwald pointed out that evidence of Frazee’s DNA was hardly found among the samples tested.

Mary Longmire, a Teller County Department of Human Services employee, testified about her conversation with Frazee, in which he provided information about his fraying relationship with Berreth and their contact before she disappeared. She said Frazee told her he talked with Berreth on Sunday morning, Nov. 24, and later received a text from Berreth, asking, “Do you even love me?” Frazee said he tried to respond, “Of course I do,” but his text didn’t go through, Longmire testified. Frazee said he did not hear from Berreth again, according to Longmire.

Frazee, 33, of Florissant, is accused of murdering Berreth, his 29-year-old fiancée, on Thanksgiving Day 2018 in Woodland Park. He is also accused of soliciting Krystal Lee Kenney, an Idaho resident whom he had dated, to help him carry out the murder.

He faces eight charges, including first-degree murder, tampering with a deceased body and solicitation. While he pleaded not guilty to the charges, Kenney took a plea deal, pleading guilty to a tampering charge and agreeing to testify at Frazee’s trial. You can read about her testimony here and here .

READ MORE: Timeline of events leading up to, after Kelsey Berreth’s death

Prosecutors decided in July to not file a motion in pursuit of capital punishment, meaning Frazee will not face the death penalty in this case if he is found guilty.

Here is Denver7’s coverage from previous days of the trial:
Day 1 (Nov. 1, 2019): Prosecutor calls Patrick Frazee ‘calculated manipulator,’ but defense says ‘facts don’t make sense’
Day 2 (Nov. 4, 2019): Patrick Frazee murder trial: Family, police describe suspicions after Kelsey Berreth’s disappearance
Day 3 (Nov. 5, 2019): Patrick Frazee trial: Defense questions timeline, lack of black tote in surveillance photos
Day 4 (Nov. 6, 2019): Patrick Frazee murder trial: Krystal Kenney recounts cleanup of Kelsey Berreth murder scene
Day 5 (Nov. 7, 2019): Patrick Frazee murder trial: Defense questions why Kenney never alerted anyone to murder plot
Day 6 (Nov. 8, 2019): Patrick Frazee murder trial: ‘I figured out a way to kill her,’ friend testifies Frazee told him
Day 7 (Nov. 12, 2019): Patrick Frazee murder trial: Frazee’s friend testified he said Berreth was ‘never coming back’
Day 8 (Nov. 13, 2019): Patrick Frazee murder trial: Berreth’s coworkers describe her as quiet, sweet, loving to her newborn

CBI analyst: Possible Frazee DNA on one area of home

Day 9 of the trial began with more testimony from Colorado Bureau of Investigation DNA analyst Caitlin Rogers, who had testified on Wednesday about the blood samples found at Berreth’s home and the tooth fragments found on Frazee’s property.

Frazee’s attorney, Adam Stiegerwald, questioned Rogers about the evidence tested from Berreth’s townhome after her disappearance last year, pointing out that Frazee’s DNA was hardly found inside the home. He also noted that the hay sample and hay swine from Nash Ranch underwent a presumptive blood test and both came back negative.

In addition, he pointed out several other items that tested negative for blood, including possible blood on the right side of he fireplace, possible blood underneath the cedar chest, candles on the windowsill, a floor vent in the living room and more. He said Kenney isn’t a contributor to many of the evidence points or swabs either, which Rogers confirmed.

During the cross-examination, Stiegerwald asked Rogers about the genetic material found inside Berreth’s the home. Frazee was excluded from several of the tests, except for two samples found on the floorboard, Rogers confirmed.

Stiegerwald also pointed out that the Kenney’s DNA was not detected inside Berreth’s home. When the prosecution asked Rogers if she was surprised that Kenney’s DNA wasn’t found inside the townhome, she said no.

Kenney had testified that she wore a protective suit and gloves and cleaned Berreth’s home with bleach, and Rogers said bleach destroys DNA.

CBI agent describes Berreth’s office

The state called CBI agent Michael Hecht, who interviewed many of Berreth’s coworkers at Doss Aviation after her disappearance. He has worked more than 12 years in law enforcement.

He said he was famiiar with Doss Aviation, where Berreth worked before she went missing.

On Dec. 4, he interviewed several flight instructors. He returned the following day to look through Berreth’s work space for evidence, such as a suicide note, itinerary and more. He said he found no evidence that indicated where Berreth may have been.

A photo submitted into the evidence showed a typical desk area: A chair, a computer, a calendar with a Bible verse and a picture of Berreth and Frazee’s young daughter, Kaylee.

DHS worker recounts interview with Frazee

The state then called Mary Longmire, who has worked for the Teller County Department of Human Services for 15 years, to the witness stand. She normally works as a supervisor, but sometimes steps in for “field work,” she said.

She became involved in the case after the department received a referral, she said, and her the director asked her to be the case worker. She recalled this happened on Dec. 21, which is the same day Frazee was arrested .

Police told her he was arrested for murder, she said. Longmire said she had to do interviews of anybody who sought custody of Kaylee.

She said she met with Berreth’s parents — Cheryl and Darrell Berreth — Sheila Frazee (Patrick Frazee’s mother), Erin Frazee (his sister) and her partner Pamela Flowers, and Frazee himself.

She said she talked with him on Dec. 21 and they went through paperwork. She talked with him again on Dec. 26. Prosecutor Viehman asked for more information on the latter discussion.

Longmire said she wanted to gather information on Frazee and Kaylee to complete a “social history” because the department wanted to give Kaylee to relatives who lived outside of Colorado.

Frazee provided her with a lot of information on Kaylee’s development and schedule, she said. He told her that he and Berreth had decided to separate and talked about their co-parenting plan, she said. Frazee also told her that they were separated when Kaylee was born and that Berreth never wanted to fix things, she said. He also said he was the sole bread winner and didn’t mention Berreth’s employment at Doss Aviation until a later date.

When asked about his relationship with Berreth in 2018, Frazee said she had gone to California for rehab for about two weeks and claimed it was for depression and alcohol, Longmire said. Frazee described friction in the relationship over money, telling Longmire they had “heated discussions” before Berreth got employed with Doss in August 2017, Longmire said.

Frazee said Berreth lived in an apartment when she first moved to Colorado and that she sometimes lived with him at his mother’s home. In September 2017, Berreth’s parents rented her a townhome in Woodland Park. Around this time, Frazee had been talking about Berreth’s pregnancy, Longmire said. When Kaylee was born, Frazee said he would watch their daughter while Berreth was at work, but Longmire said there was no indication that Berreth “dumped off Kaylee” on Frazee.

Longmire then described the conversation she had with Frazee about Thanksgiving 2018. Frazee said Berreth called him to come pick up Kaylee on Nov. 21, the day before Thanksgiving. He said he agreed to meet her about 90 minutes later at the Florissant post office. Frazee said they talked about their relationship then and while driving to Nash Ranch to get water, Longmire said. Frazee said they talked about going their separate ways and that they would split custody of Kaylee equally.

After stopping at the ranch, Frazee got sick and threw up, he told Longmire. He said Berreth went to get medicine and returned with it, before taking Kaylee to her townhome. Frazee said Berreth texted him to say they made it home safely.

On Thanksgiving Day, Frazee said he talked with Berreth around 9-9:30 a.m. and told her he would pick up Kaylee about 12:30 p.m. that day. He told Longmire that he picked up Kaylee — Longmire said she assumed this took place at Berreth’s home — and said he and Berreth agreed to talk again the next morning.

Frazee told Longmire they texted the next morning and decided that Kaylee would stay with him. He said he was supposed to keep the baby until 5:30 p.m., when they’d meet at the Florrisant post office. He said Berreth texted him to say he should keep Kaylee, Longmire said.

Frazee told Longmire that Berreth texted him the next morning, saying she wanted to go to church alone that Sunday. Later that Saturday, Frazee said they had a heated conversation about their relationship and Frazee told Berreth he would keep Kaylee “until the storm blew over,” Longmire said. He said Berreth “lost it,” Longmire testified.

Frazee said he talked with Berreth again on Sunday morning, Nov. 25. He called her again later that afternoon and it went to voicemail, Longmire said Frazee told her. He said he later received a text from Berreth, asking, “Do you even love me?” Frazee said he tried to respond, “Of course I do,” but his text didn’t go through, Longmire testified.

Frazee claimed that he tried calling her later that night and again tried to contact her over the next three days, through Wednesday, Nov. 28. When asked if he had been concerned, Frazee said he became concerned as time went by, Longmire testified.

Stiegerwald, Frazee’s attorney, asked Longmire about her Dec. 26 conversation with Frazee and confirmed if Frazee and Berreth – according to the conversation – were at the Nash Ranch late on the night of Nov. 21. Longmire said yes.

Longmire was excused and court went into recess shortly after 10 a.m.

CBI agent: “Honestly don’t know” where case would be without Kenney

Gregg Slater, the Colorado Bureau of Investigation agent who contacted and interviewed Kenney, testified about how Kenney has helped the case. He had testified on day three of the trial.

First, prosecutor Viehman asked if a cadaver dog was ever used on the burn area on the Frazee ranch or on his truck. Slater said no. On Dec. 14, they were unaware of any information about a tote or burn pit because Kenney had not yet come forward with her story, he said.

When prosecutor Viehman asked where the investigation would be without Kenney’s involvement, Slater responded: “I honestly don’t know.” He said before Kenney’s Dec. 20 interview — when she spilled her testimony to law enforcement and investigators — Slater believed something had happened in Berreth’s bathroom and home. He said they didn’t know about the tote, burn put, Nash Ranch or Conoco meet-ups. They did, however, know that Berreth’s and Frazee’s phones had traveled together around Thanksgiving.

“We didn’t know anything other than Berreth was missing, her belongings were missing… her behavior was off,” Slater said.

Slater said he traveled to Kenney’s home with a FBI special agent and Twin Falls police detective in Twin Falls, Idaho, on Dec. 17, 2018, and attempted to interview her. The authorities had warrants to search her home and to collect a buccal swab from Kenney for a DNA test.

In her living room, Slater explained that they knew she was involved in Berreth’s disappearance and had evidence to support it. They wanted to hear her side of the story, Slater said.

Kenney agreed to talk but asked to have an attorney. And before she gave a statement to the investigators three days later, she signed an agreement with the district attorney’s office — a detail brought up by Frazee’s attorney, Adam Stiegerwald, in his questioning of Slater.

When Kenney did talk, Slater said she provided the investigators with information about the black tote container, in which Berreth’s body was allegedly burned; the Nash Ranch, where Frazee allegedly kept the black tote; and the area where the tote was allegedly burned on Frazee’s property.

Slater said they returned to the ranch on Dec. 21 and only then noticed the discoloration in the dirt, where Frazee had allegedly burned Berreth’s body in a rusted-out trough and asked ranch hands to cover the burn area.

Kenney also informed the investigators about the blood found on Berreth’s toilet, floor, baby gate, couch and fireplace in her townhome. Slater said they did not notice this when they first entered Berreth’s townhome.

“If Kenney didn’t tell you about that, would that evidence ever have been found?” Prosecutor Viehman asked Slater.

“No,” Slater replied.

Viehman then asked about Berreth and Frazee’s relationships. Slater said based on their texts back and forth, Berreth initiated most of the conversations and Frazee responded infrequently. She would text him about picking up Kaylee, thanking for him for picking up the baby, details about the next change and her frustration about the status of the relationship. Those texts went back as far as April 2018, Slater said.

Berreth would text Frazee about starting a family together and if that was ever going to happen, if he loved her and not being able to see Kaylee as much as she wanted, Slater said. She would also text him information of houses they could purchase, he said, and she’d talk with her parents about the properties and if they could help with a down payment.

The last time Berreth posted on Facebook was Oct. 30, 2018, Slater said. He noted there were a lot of photos of Kaylee on her profile page. She’d send many photos of the newborn to Frazee as well, he said. She would send him links to various properties through Facebook as well. Slater said he didn’t see any responses from Frazee. After the media had picked up the story that Berreth was missing, Slater noticed many people posting on Berreth’s Facebook wall, but he never saw a comment from Frazee.

Viehman asked if Slater ever found a flight itinerary for Berreth, which he confirmed. He said he found an itinerary for her to go to California in August 2018. This would have been for rehab for possible chronic fatigue, prosecutors said previously. Slater said he found information that showed Berreth had sent the itinerary information to Frazee.

Viehman then backed up to the day of the alleged murder — Nov. 22, 2018 — and asked about the text exchange between Frazee and Berreth, and Frazee and Kenney. Slater detailed the texts:

-3:37 a.m.: Frazee texts Berreth telling herhe will come to Woodland Park after his chores and can take Kaylee with him on errands (Walmart and the bank) while she naps. Then they could figure out a plan for the day.
-3:53 a.m.: Berreth texted Frazee letting him know they had just gotten home to her townhome. He replied, “OK, thanks.”
-9:15 a.m.: Berreth texted Frazee asking if he wanted to go out to eat. He did not respond.
-9:37 a.m.: Berreth texted him asking him to call when he was awake. He did not respond.
-12:41 p.m.: Berreth texted Frazee that she bought sweet potatoes in case he wanted a sweet potato casserole, but forgot pecans.
-4:39 p.m.: Frazee texted Kenney saying happy Thanksgiving and to call when she could. Kenney did not reply.
-5:32 p.m.: Berreth’s phone texted Cheryl Berreth (Kelsey Berreth’s mother) that they went shooting that day and that she had had fun using her gun again. She said Frazee was going to let her keep it and that she’ll now feel safe running again. Cheryl Berreth responded, “Great!”
-9:35 p.m.: Kenney texted Frazee saying, “Happy thanksgiving to you guys too!”

Slater then detailed the texts from Nov. 23, the following day:

-6:59 a.m.: Berreth’s phone texted Frazee asking him to call her when he was awake
-7:32 a.m.: Berreth’s phone texted Frazee saying she was running late and would call when she got home. Frazee responds, “OK. Be safe.”
-3:13 p.m.: Frazee texted Berreth, asking how her shopping was going. Her phone replied saying she was just looking and hadn’t seen anything she liked.
-After 5 p.m.: Berreth’s phone texted Frazee asking him to keep Kaylee that night because she was tired.
-5:23 p.m.: Frazee responds, saying sure, that he didn’t mind doing so. He asked if she needed anything and she said no.

The CBI investigator then moved on to the texts from Nov. 24:

-7:24 a.m.: Kenney texted Frazee about looking at horses around 9 that day.
-7:26 a.m.: Frazee says 8:45 would be better.
-7:41 a.m.: Frazee texted Berreth to see if she was awake.
-7:43 a.m.: Kenney texted Frazee saying she didn’t know if she could make it by 8:45 a.m.
-7:45 a.m.: Berreth texted Frazee apologizing because she didn’t hear her phone. She said she would call after she showered.
-Unknown time: Kenney called Frazee saying she would call later.
-1:01 p.m.: Kenney texted Frazee saying she was curious if then was a good time to come over and Frazee responded that was fine, as he was almost back home. He said he’d be back home in 15 minutes.
-3:59 p.m.: Berreth texted Cheryl Berreth and said she’d call her the following day.
-4:07 p.m.: Frazee texted Berreth saying if this was what she really wanted, he’d respect her wishes and give her space. “If you change your mind, you can call me,” his message read.
-4:21 p.m.: Kenney texted Frazee thanking him for letting her see the horse.
-4:33 p.m.: Frazee texted Kenney saying it wasn’t a problem and to let him know how many mares she wanted to breed and they would make it work.
-6:25 p.m.: Kenney texted Megan Garrison, saying she was going to stay at Garrison’s house that evening and if that was OK, which Garrison agreed to. Garrison is her friend from Idaho.
-6:32 p.m.: Garrison said that was fine.

Slater returns to texts between Berreth and Frazee, from Nov. 25:

-7:34 a.m.: Berreth texted Frazeey, asking to call her when he and Kaylee wake up
-8:53 a.m.: Berreth texted Frazee, saying “ Password Kaylee05.” Frazee responds, saying thanks and “I’ll look at em when I get time tonight.”
-Unknown time: Berreth texted Frazee, “call me when you guys are done.” Frazee responds, saying “ok will do.”
-Unknown time: Berreth texts Frazee, “do you even love me?”
-6:29 p.m.: Kenney texts Frazee, “after talking to the powers that be, he thinks just my sisters buckskin”
-Unknown time: Slater said a response from Frazee didn’t go through, but said: “Why would I bend over backwards and stand behind you through everything if I didn’t? So to answer your question, yes I do.”

Slater said he found no more texts from Frazee to Berreth after that – none between Nov. 26 and Dec. 4, when Frazee’s phone was given to police.

Slater said he went to the Frazee ranch on Dec. 14, before talking with Kenney, but the authorities, at that time, had no specific spot to search on the property. They later found a burn area up the hill from the home, about 50-75 yards away.

Slater confirmed that he and an FBI agent questioned Kenney on Dec. 20 but first ensured that the agreement for the plea deal was signed with the District Attorney’s office. Slater said it was what the investigators were told to do first.

Later in the testimony Thursday, Stiegerwald asked Slater if the Nash Ranch is isolated. Slater said yes and that cell service isn’t good there. Earlier in the trial, the prosecution’s witnesses showed that Frazee wasn’t overly responsive to texts.

This story will be updated regularly, so refresh for updates.

The court broke for lunch about 11:30 a.m. and was set to resume at 1 p.m.

READ MORE: All Denver7 coverage on the killing of Kelsey Berreth, trial of Patrick Frazee

Live tweeting and live reporting is not allowed in the courtroom, per a court decorum. The trial is expected to last three weeks.