CRIPPLE CREEK, Colo. (CBS4) – The affidavit for the arrest of Patrick Frazee was released Wednesday and reveals more details about his fiancee’s death. The document details who may have known about the plot and the relationship between Frazee and the prosecution’s key witness.
Court documents explain major arguments in the case prosecutors plan to make against Frazee while on trial. A judge ruled Tuesday at a preliminary hearing that there was probable cause to move forward in the process and that the evidence was strong enough to deny Frazee bail on all counts.
While the affidavit details why investigators do not believe Frazee’s story, explaining that surveillance video contradicts where he was and what he claims was the last time he saw Berreth, much of the evidence includes information about phone records.
Text messages and a call log suggest the two were communicating after investigators believe Berreth was already dead. But agencies looking into the case, including Woodland Park Police and the CBI, say cell tower data shows the phones were together in all of those occurrences.
DNA collected at Berreth’s home of blood samples were sent to the lab, including one unknown male sample. Investigators say they do not think it will match Frazee, but those blood spots are part of the case to prove Berreth was murdered.
A cleanup of the crime scene tried to erase the murder, prosecutors have argued in court. Krystal Lee Kenney has admitted she helped Frazee by cleaning the home for hours, at his request. While investigators say in court documents they found her statements unreliable, Kenney told them Frazee asked her to lie to the FBI.
The investigation is ongoing and prosecutors have not revealed a possible motive for Frazee. They have also yet to say why Lee did not contact police sooner or if she tried to before the murder. The affidavit does reveal that Kenney and Frazee dated in college and had an affair in 2016 and 2017.
Kenney also tried to make up an alibi with the help of a friend by sending a text messages claiming to be somewhere else to her ex-husband.
A friend of Kenney also mentioned she noticed a gun she owned had been tampered with and found it suspicious after speaking to Lee.
Earlier this month, Kenney, 32, pleaded guilty to helping derail the investigation by tampering with evidence, specifically Berreth’s cellphone. Kenney agreed to testify against Frazee.
Investigators spoke to three other people besides Lee, according to the affidavit. Each revealed details about the plan Frazee is accused of developing to kill Berreth. It is unclear if any of the interviewees could have prevented the murder contacting law enforcement before police started the search for her.
Frazee will be in court on April 8 for an arraignment where he will enter a plea.