CRIPPLE CREEK, Colo. (CBS4) — The man accused of murdering his fiancée in Woodland Park is facing a wrongful death lawsuit. Police believe Patrick Frazee killed Kelsey Berreth, but her body has not been located.
Berreth’s parents are suing Frazee, who is facing first-degree murder charges and solicitation of first-degree murder in the death of Berreth. Frazee was arrested Dec. 21, 2018.
According to court documents, Frazee is accused of working to find someone to kill Berreth between September and November and causing her death on or around Thanksgiving.
Berreth was last seen was on Thanksgiving Day at Safeway when she handed over her toddler to Frazee, who is the child’s father. Berreth was reported missing Dec. 2 by her mother.
Frazee appeared in court on Friday and a judge ruled he will be allowed to see a court record laying out the reasons for his arrest after prosecutors withdrew a request to keep the document from him.
Prosecutors initially asked a court to bar Patrick Frazee’s attorneys from discussing the court record with him, saying investigators were still tracking down leads and trying to interview people.
On Friday, though, prosecutor Jennifer Viehman said authorities “no longer had the concerns” about Frazee having access to the information. The document will remain sealed to the public.
Prosecutors also agreed to wait on testing evidence which they argued needed to be sent to the lab urgently. Viehman explained to the media after the hearing that they later determined it can wait.
The defense also waived the right to a preliminary hearing in 35 days, as required by Colorado law, to gain more time for preparing their case; a common decision made by defendants accused of homicide.
Frazee will be back in court on Tues., Feb. 19 for his preliminary hearing scheduled at 9:00 a.m.
The couple’s daughter is temporarily staying with Berreth’s parents, but the state has legal custody of her.
(© Copyright 2019 CBS Broadcasting Inc. All Rights Reserved. The Associated Press contributed to this report.)