CRIPPLE CREEK, Colo. (CBS4/CNN) – A potential tooth fragment will be tested for DNA evidence in the case of Patrick Frazee, a Florrisant man accused of beating to death the mother of his child with a baseball bat, a prosecutor said Friday. Frazee, 33, faces murder and other charges in connection with the disappearance of his fiancée, Kelsey Berreth of Woodland Park.
She went missing last Thanksgiving Day near her home. Authorities have said they believe Frazee killed the 29-year-old but her body has not been found.
A state court judge ruled Friday that the “possible tooth fragment,” which was “located in the search of the defendant’s property,” will undergo a consumptive DNA test, prosecutor Jennifer Viehman told reporters outside the court house in Cripple Creek.
Consumptive testing relates to evidence that would be consumed or destroyed in the testing process, Viehman said.
The judge agreed with the prosecution that the testing can move forward according to the policies of the Colorado Bureau of Investigation lab without changes that had been proposed by defense attorneys. An expert for the defense will observe the testing.
Defense lawyers declined comment after the hearing.
Frazee, who has pleaded not guilty, faces two counts of first-degree murder, three counts of solicitation to commit murder in the first degree, two counts of a crime of violence and charges of tampering with a body. His trial has been set for Oct. 28.
Frazee has been in custody since his arrest in December.
Frazee’s girlfriend, Idaho nurse Krystal Lee Kenney, told investigators he killed Berreth by wrapping a sweater around her head and bashing her with a baseball bat, according to Gregg Slater, a CBI agent.
Authorities spent nearly two months searching for Berreth’s body in a landfill in Fountain. Kenney had told police that Frazee disposed of Berreth’s remains either at a dump or in a river.
Police suspended the search in April after they did not find any remains or evidence linked to Berreth’s death.
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