CROWLEY COUNTY, Colo. (CBS4) – Five months too late for a jury to hear, Patrick Frazee is now waging his own defense in letters to CBS4. Frazee was convicted last November in Teller County District Court and sentenced to life without parole plus 156 years for the murder of Kelsey Berreth, the mother of their little girl, Kaylee. The parents were not married.
“My silence made me look guilty in the eyes of the public,” Frazee stated in his second letter to CBS4 investigator Rick Sallinger.READ MORE: Colorado Lawmakers Consider Auditing State’s COVID Testing Program: 'It’s Not Fair 1,100 Nursing Home Patients Died'
Frazee said he did not speak at all during the case on the advice of his attorney. In the new letter, Frazee is now claiming his defense was inadequate. He has filed a notice of appeal, but not the appeal itself yet.
“I want nothing more than to find out what happened to Kelsey,” he wrote adding, “I stayed silent this whole time at the direction of my attorney. I am not guilty of any of the things I was charged with. I want nothing more than to find out what happened to Kelsey.”
Frazee presents his defense in the letters appearing to try to create a reasonable doubt that he was the killer. He asks about unknown male DNA found in Kelsey’s sink wondering, why that was not brought up at trial? Frazee also brought this up in his initial letter to CBS4.
Search and arrest warrant affidavits in the case did make reference to unknown male and female mixed DNA in Kelsey’s bathroom sink. This did not come up at the trial. The lead Colorado Bureau of Investigation agent told Sallinger he didn’t think there was any unknown DNA in the condominium where she was murdered,
In the second letter, Frazee questions why there was no security camera footage of Krystal Lee, the key prosecution witness seen approaching Kelsey Berreth’s condominium. At the trial Lee testified that she had been directed by Frazee to murder Berreth.
Lee said one time, she even brought a Starbucks coffee to Berreth, but could not go through with the act of drugging the coffee. Frazee noted the same security camera system saw him and also Kelsey and the baby coming and going Thanksgiving day, 2018, the day Kelsey was last seen.
The cameras were for the home of a neighbor to Berreth. During the trial in Cripple Creek in late 2019, investigators testified that the ARLO security system notified the neighbor when it was activated, but not all the images could be retained. There was a great deal of activity on Thanksgiving Day 2018, the day Kelsey Berreth was last seen.READ MORE: Wildfire Sparks In Ptarmigan Wilderness Above Town Of Silverthorne
“Where is the footage of me and this tote with body in it?” Frazee asked in the letter.
Krystal Lee had testified that Berreth’s body had been placed in a tote bag by Frazee and taken to his ranch where it was burned. There were surveillance photos from an ATM of Frazee and what appears to be a black tote box in the back of his truck. The images were from a few hours before Berreth was believed to have been killed with a baseball bat in her Woodland Park condominium.
Krystal Lee testified that she was summoned from Idaho to Colorado by Frazee to clean up the condominium after the murder had taken place.
The district attorney on the case, Dan May, told reporters his plea bargain with Krystal Lee was a “deal with devil”. Lee received a three-year sentence and has asked to be moved to a halfway house. Frazee suggested the deal was made in order to get a speedy conviction.
“I was arrested, convicted, and in prison just days short of one year,” Frazee wrote in the second letter to CBS4’s Sallinger.
Frazee in the second letter was critical of his defense asking, why did my attorneys choose to “tuck tail” and present absolutely nothing? ” Frazee wrote, “They were allowed 5 1/2 days for a defense or an alternate defense theory. Instead they just rested.”
CBS4 Denver left messages for Adam Steigerwald, Frazee’s attorney, the state and Teller County Public Defender’s office, but so far have not received a reply.
Proclaiming his innocence Frazee insisted he was not the killer of Berreth. Her body has never been found.
“Kelsey and I were not living together, but I still had feelings for her,” Frazee concluded. “I would never want to hurt her!”MORE NEWS: Denver Approves $1 Million Grant To Help Ease Hiring Struggles
Frazee is currently serving his sentence at the Arkansas Valley Correctional Facility in Ordway, Colorado.