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Possible motive for missing Colorado mom's murder surfaces for first time in lawsuit

Missing Colorado mom Kelsey Berreth’s parents —- who are suing son-in-law Patrick Frazee for the wrongful death of their daughter —- allege in new court documents that Frazee murdered his fiancée because she refused to give him full custody of their one-year-old daughter Kaylee.

“Upon information and belief, Frazee had motive to kill Kelsey in that he wanted full custody of [Kaylee Berreth] and/or Kelsey to leave [Kaylee Berreth] with him and Kelsey would not agree,” the parents' attorney, Angela Jones, wrote in an amended civil complaint filed Friday in federal court on behalf of plaintiffs Cheryl and Darrell Berreth.


The lawsuit claims Frazee told Cheryl Berreth a series of lies “knowing that Kelsey was dead because he had killed her, or caused her to be killed, on November 22, 2018.”

On December 2, the plaintiffs claim, Cheryl Berreth called Frazee and asked him if everything was “okay”.


Kelsey Berreth is pictured in an undated handout photo.
Frazee allegedly told Cheryl that he and Kelsey had broken up on Thanksgiving Day and agreed to split custody of their daughter. That same day, Kelsey left Kaylee with Frazee while she “figured out what she was going to do”," according to the phone call documented in the amended complaint.


Kelsey also allegedly asked Frazee "for her things back, so he gave Kelsey her keys and her gun," according to the complaint.

According to Cheryl, Frazee told her that he and Kelsey had plans for November 25, three days after she was last seen shopping at a local supermarket in Woodland Park, Colorado.


"When he later sent a text and she didn’t respond, he figured she had put her phone on do-not-disturb so that she could study, which is something he said that she often did when she was studying or [Kaylee] was napping," the court documents detail.

Frazee allegedly also told Cheryl that despite the relationship starting off well, it eventually turned sour. He had "had enough and wasn’t going to deal with things anymore," because Kelsey was always criticizing him or "putting him down" in front of the baby.

In explaining one possible reason for her disappearance, Frazee allegedly suggested to Cheryl that Kelsey may have disappeared with a friend or co-worker because "Kelsey didn’t always return home directly after she got off of work and that she had gone out to dinner with some co-workers," according to the court documents.

Following that phone call with Frazee, the documents contend that Cheryl called the Woodland Park Police Department and asked them to check on her daughter Kelsey, who told Cheryl that while there were cars in the driveway, no one answered the door.

On December 3, "Frazee called Cheryl-Lee Berreth and told her he hadn’t been able to access Kelsey’s phone records online. He stated that she had set up the online access when she was working in Grand Junction and he didn’t know the answers to the access questions like ‘where did you meet your spouse?’"

Frazee also stated that he thought that Kelsey may have opened her own phone plan and changed her phone number. He told Cheryl-Lee Berreth: ‘I love your daughter.’ He said that Woodland Park is a safe place and the Berreths didn’t need to worry about foul play," according to the documents.

The documents also allege that Frazee encouraged false reports about Kelsey, including that the couple were not engaged, that Kelsey was not Kaylee's primary caregiver, that Kelsey had gone to rehab, that she had run off before, that she had abandoned the baby in Frazee's care and that she "had 'issues' that would warrant Frazee “getting full custody."


On February 8, Idaho nurse Krystal Lee Kenney pleaded guilty to helping Frazee dispose of Berreth’s cell phone. She is cooperating with the investigation and is required to testify against Frazee as part of her plea deal with prosecutors.

Cheryl and Darryl's newly amended complaint even go as far as to venture a guess as to how Frazee may have allegedly murdered their daughter.

"Frazee had an opportunity to kill Kelsey or have Kelsey killed in that he had her keys and, because he had her gun, she was vulnerable to an attack," the documents stated.

Calls to the attorneys representing Patrick Frazee in the civil lawsuit have not been returned.

Last month, a judge granted temporary custody of Kaylee to Berreth's parents, Cheryl and Darrell Berreth. The couple also has filed a wrongful death lawsuit against Frazee.

Frazee is due back in court Feb. 19.
 
FEB 15, 2019
New information in Kelsey Berreth wrongful death lawsuit
Cheryl and Darrell Berreth, Kelsey’s parents, filed an amended complaint with new details on their belief of what happened to their daughter.

Per the complaint, they believe Patrick Frazee wanted full custody of their 1-year-old daughter Kaylee, but Kelsey wouldn’t consent to that.

“Upon information and belief, Frazee had motive to kill Kelsey in that he wanted full custody of KB and/or Kelsey to leave KB with him and Kelsey would not agree ,” the complaint read.

The Berreths also accuse Frazee of lying to them about his last contact with Kelsey, saying he’s been spreading false information throughout the investigation.

On Dec. 2, when Cheryl called Frazee with questions about Kelsey, the Berreths claim Frazee said he “had had enough and wasn’t going to deal with things anymore,” per the complaint. They also said Frazee suggested Kelsey had possibly “flown somewhere with a friend or co-worker.”

Kelsey’s parents believe she was also at risk, alleging Frazee had access to her townhome and her gun. “Upon information and belief, Frazee had an opportunity to kill Kelsey or have Kelsey killed in that he had her keys and, because he had her gun, she was vulnerable to an attack,” they said.
 
gliving said:
Possible motive for missing Colorado mom's murder surfaces for first time in lawsuit

Missing Colorado mom Kelsey Berreth’s parents —- who are suing son-in-law Patrick Frazee for the wrongful death of their daughter —- allege in new court documents that Frazee murdered his fiancée because she refused to give him full custody of their one-year-old daughter Kaylee.

“Upon information and belief, Frazee had motive to kill Kelsey in that he wanted full custody of [Kaylee Berreth] and/or Kelsey to leave [Kaylee Berreth] with him and Kelsey would not agree,” the parents' attorney, Angela Jones, wrote in an amended civil complaint filed Friday in federal court on behalf of plaintiffs Cheryl and Darrell Berreth.


The lawsuit claims Frazee told Cheryl Berreth a series of lies “knowing that Kelsey was dead because he had killed her, or caused her to be killed, on November 22, 2018.”

On December 2, the plaintiffs claim, Cheryl Berreth called Frazee and asked him if everything was “okay”.


Kelsey Berreth is pictured in an undated handout photo.
Frazee allegedly told Cheryl that he and Kelsey had broken up on Thanksgiving Day and agreed to split custody of their daughter. That same day, Kelsey left Kaylee with Frazee while she “figured out what she was going to do”," according to the phone call documented in the amended complaint.


Kelsey also allegedly asked Frazee "for her things back, so he gave Kelsey her keys and her gun," according to the complaint.

According to Cheryl, Frazee told her that he and Kelsey had plans for November 25, three days after she was last seen shopping at a local supermarket in Woodland Park, Colorado.


"When he later sent a text and she didn’t respond, he figured she had put her phone on do-not-disturb so that she could study, which is something he said that she often did when she was studying or [Kaylee] was napping," the court documents detail.

Frazee allegedly also told Cheryl that despite the relationship starting off well, it eventually turned sour. He had "had enough and wasn’t going to deal with things anymore," because Kelsey was always criticizing him or "putting him down" in front of the baby.

In explaining one possible reason for her disappearance, Frazee allegedly suggested to Cheryl that Kelsey may have disappeared with a friend or co-worker because "Kelsey didn’t always return home directly after she got off of work and that she had gone out to dinner with some co-workers," according to the court documents.

Following that phone call with Frazee, the documents contend that Cheryl called the Woodland Park Police Department and asked them to check on her daughter Kelsey, who told Cheryl that while there were cars in the driveway, no one answered the door.

On December 3, "Frazee called Cheryl-Lee Berreth and told her he hadn’t been able to access Kelsey’s phone records online. He stated that she had set up the online access when she was working in Grand Junction and he didn’t know the answers to the access questions like ‘where did you meet your spouse?’"

Frazee also stated that he thought that Kelsey may have opened her own phone plan and changed her phone number. He told Cheryl-Lee Berreth: ‘I love your daughter.’ He said that Woodland Park is a safe place and the Berreths didn’t need to worry about foul play," according to the documents.

The documents also allege that Frazee encouraged false reports about Kelsey, including that the couple were not engaged, that Kelsey was not Kaylee's primary caregiver, that Kelsey had gone to rehab, that she had run off before, that she had abandoned the baby in Frazee's care and that she "had 'issues' that would warrant Frazee “getting full custody."


On February 8, Idaho nurse Krystal Lee Kenney pleaded guilty to helping Frazee dispose of Berreth’s cell phone. She is cooperating with the investigation and is required to testify against Frazee as part of her plea deal with prosecutors.

Cheryl and Darryl's newly amended complaint even go as far as to venture a guess as to how Frazee may have allegedly murdered their daughter.

"Frazee had an opportunity to kill Kelsey or have Kelsey killed in that he had her keys and, because he had her gun, she was vulnerable to an attack," the documents stated.

Calls to the attorneys representing Patrick Frazee in the civil lawsuit have not been returned.

Last month, a judge granted temporary custody of Kaylee to Berreth's parents, Cheryl and Darrell Berreth. The couple also has filed a wrongful death lawsuit against Frazee.

Frazee is due back in court Feb. 19.
Click to expand...

Article was amended to add this:

"According to the documents, Frazee told Cheryl Berreth that he met Kelsey on Thanksgiving at a Cracker Barrel restaurant in Colorado Springs.

“We are fully cooperating with the authorities on their investigation at this time,” Cracker Barrel spokeswoman Breeanna Straessle told ABC News late Friday night."
 
FEB 15, 2019
Kelsey Berreth case: Possible motive comes out in lawsuit
“Upon information and belief, Frazee had motive to kill Kelsey in that he wanted full custody of [Kaylee Berreth] and/or Kelsey to leave [Kaylee Berreth] with him and Kelsey would not agree,” the parents' attorney, Angela Jones, wrote in an amended civil complaint filed Friday in federal court on behalf of plaintiffs Cheryl and Darrell Berreth.

The complaint continues and claims Frazee told Cheryl Berreth during a Dec. 2 phone call that the couple broke up on Thanksgiving and they agreed to split custody of their daughter. The two met at a Cracker Barrel Restaurant in Colorado Springs on Thanksgiving day, the documents read. He told Cheryl that Kelsy left the child with him while she “figured out what she was going to do,” according to the court documents obtained by ABC News.

Frazee allegedly told Cheryl Berreth he assumed that Kelsey had put her phone on “do-not-disturb so that she could study, which is something he said that she often did when she was studying or [Kaylee] was napping," the court documents detail. He also told Cheryl Berreth that he couldn’t access her online phone records because “he didn’t know the answers to the access questions like ‘where did you meet your spouse?’"

The lawsuit also alleges that Frazee encouraged false reports about Kelsey, including that the couple were not engaged, that Kelsey was not Kaylee's primary caregiver, that Kelsey had gone to rehab, that she had run off before, that she had abandoned the baby in Frazee's care and that she "had 'issues' that would warrant Frazee “getting full custody."
 
FEB 15, 2019
New Court Documents Reveal Possible Motive In Kelsey Berreth Death
On Dec. 2, 2018, the filing states that Cheryl-Lee Berreth called Frazee to ask him if everything was “okay.” Frazee responded “here’s the story…,” then proceeding to lie repeatedly about his breakup with Berreth, their custody status, future plans for November 25, and frustrations they were having in their relationship. Following that call, Cheryl-Lee Berreth called the Woodland Park Police and asked for officers to check on Berreth at her home. Officers then reported back that her vehicles were at the house, but no one was answering the door. At that point, Cheryl-Lee Berreth asked Frazee to print a copy of Berreth’s phone records.

The next day, Frazee called Cheryl-Lee Berreth and said he couldn’t access her phone records because he “didn’t know the answers to the access questions,” and that he thought Berreth may have opened her own phone plan, and changed her number. Frazee also told Cheryl-Lee “I love your daughter,” and that Woodland Park was a safe place and they “didn’t need to worry about foul play.”
 
FEB 16, 2019
Court filing reveals possible motive for Kelsey Berreth killing; friends saw Patrick Frazee as doting father and hard-working rancher
Friends and acquaintances of Patrick Frazee describe the man they know as a hard-working rancher, farrier, and horse trainer who lived on his family’s 35-acre property in Florissant. Some speak of him as an average Joe while others as a caring father who would help anyone.

“He was a nice guy,” said Tim Graf, co-owner of Blue Mountain Ranch, a youth summer camp in Florissant. Graf was in the same graduating class of 2004 at Woodland Park High School as Frazee.

So it was with shock and disbelief that some in the community registered the arrest of Frazee on Dec. 21 on suspicion of murdering his fiancee, Kelsey Berreth, the mother of the couple's 1-year-old daughter.

Going back the decade-and-a-half to high school days, those who knew Frazee then said he hung out with other kids from the rural part of the county, was involved in the 4-H crowd, and was an average, unassuming teen.

“A quiet guy was all I ever knew,” said another classmate.

There have been “no issues” with Frazee in the Teller County jail, said Sheriff’s Office Cmdr. Greg Couch, adding that Frazee likely will remain jailed in Divide after Tuesday's hearing.

Frazee helped Gilda Dellinger move her horse from Divide to Colorado Springs when she relocated to a new home.

She said she’s known Frazee for 20 years and would never have believed he could kill someone.

“He’s always been so kind and helpful,” she told The Gazette after attending Frazee’s hearing in January, one of several Frazee supporters at the courthouse in Cripple Creek.

Cline blames the media for spreading inaccurate information since Berreth’s disappearance hit national news as a missing person case in early December. He said the media has incorrectly portrayed Frazee as a bad guy.

“I’m shocked and annoyed at how people are acting,” he said. “There’s been no evidence presented so far. He’s an all-around nice guy, and a good dad.”

Contrary to what has been reported, Cline said Frazee was the primary caretaker of the couple's baby, Kaylee, who is now about 16 months old.

“He’s been raising the little girl since she was born,” Cline said. “Kelsey (Berreth) had visitation, and he had custody.”
 
FEB 16, 2019
SEE IT: Wrongful death lawsuit against Patrick Frazee claims motive for Kelsey Berreth murder
“Upon information and belief, during periods relevant to this Amended Complaint and Jury Demand, Frazee also made to others and/or caused to be published to the press or otherwise the following untrue reports, which he knew or showed reckless disregard that they would be heard and/or read by Plaintiffs:
  1. Frazee and Kelsey were not engaged;
  2. Frazee and Kelsey were broken-up;
  3. Frazee and Kelsey agreed to 50/50 custody of KB;
  4. Kelsey was not KB’s primary caregiver;
  5. Kelsey had “issues” that would warrant Frazee “getting full custody”;
  6. Kelsey had been to “rehab”;
  7. Kelsey left/abandoned KB in Frazee’s care;”
Read the wrongful death lawsuit here:
 

Attachments

  • Amended+complaint+vs+Patrick+Frazee.pdf
    198.3 KB · Views: 5
Feb 16, 2019

Frazee allegedly told Cheryl that he and Kelsey had broken up on Thanksgiving Day and agreed to split custody of their daughter. That same day, Kelsey left Kaylee with Frazee while she “figured out what she was going to do,” according to the phone call documented in the amended complaint.

According to the documents, Frazee told Cheryl Berreth that he met Kelsey on Thanksgiving at a Cracker Barrel restaurant in Colorado Springs.

“We are fully cooperating with the authorities on their investigation at this time,” Cracker Barrel spokeswoman Breeanna Straessle told ABC News late Friday night.

KELSEY BERRETH MURDER MOTIVE: Possible motive for missing Colorado mom's murder surfaces in new documents
 
FEB 18. 2019
Sam Kraemer on Twitter
LOOKING AHEAD: Patrick Frazee is due in court tomorrow for a preliminary hearing. We should learn what evidence prosecutors have against him. Frazee could enter a plea. Here's a preview & look back at the timeline. #PatrickFrazee#KelseyBerreth @KOAA

Patrick Frazee due in court for preliminary hearing Tuesday
The man suspected in the presumed murder of missing Woodland Park mother Kelsey Berreth is due in court Tuesday.

Tuesday’s hearing is a preliminary hearing, essentially deciding whether the case will head to a trial. Prosecutors will present the evidence they have against Frazee to establish probable cause — evidence that has been under seal since his arrest. The defense has the chance to challenge the case against Frazee.

Frazee, Berreth’s fiancé, could also enter a plea at the hearing. Prosecutors have said the evidence should against him should also be released Tuesday.
 
Patrick Frazee set for preliminary hearing Tuesday
CRIPPLE CREEK, Colo. – The preliminary hearing for Patrick Frazee, who is accused of killing his fiancée Kelsey Berreth, is set to begin Tuesday morning in a Teller County courtroom, where prosecutors will try to show the court they have enough probable cause to continue with the felony charges against him.
 
I've snipped this long article down to the new info. Please click link to read entire article in context.

Prosecutors expected to explain why they believe Patrick Frazee was responsible for Kelsey Berreth's death
“Preliminary hearings are designed to weed out a weak case,” 9NEWS legal expert Scott Robinson said. “So, the prosecution needs to put on evidence, but just enough to show there is probable cause for the charges."

“And for the defense, it’s an opportunity to find out everything they can about the prosecution’s case that might not have been revealed in the police reports, the discovery.”

It's unclear if Krystal Kenney will testify at the preliminary hearing. Earlier this month, the 32-year-old Idaho nurse pleaded guilty to one count of tampering with physical evidence in regards to Berreth’s disappearance and said she will testify against Frazee.

District Attorney Dan May said he could not comment on the current location of Berreth’s phone. Previously, police said that her phone pinged in Gooding, Idaho on Nov. 25. That same day, Berreth’s employer received a text from that number saying she wouldn’t be at her job as a flight instructor the ensuing week.

“At this point, authorities have not found the body of Kelsey Berreth,” Robinson said. “And that’s expected to be the only weakness in the prosecution’s case unless they can explain why the absence of a corpse doesn’t matter in the context of this case.”

“The preliminary hearing will reveal for the first time three critical areas,” Robinson said. “No. 1: why are the police convinced that Kelsey Berreth is dead and that she was killed in her own home? No. 2: who did Patrick Frazee allegedly solicit to kill his fiancée and did that individual commit the actual homicide or was it Frazee himself?

“And finally, what connection – other than the disposal of the phone and the use of it to put authorities off from the scent – did the nurse from Idaho, Krystal Kenney – what was her role?”

Robinson also said the preliminary hearing could reveal how Kenney knew Frazee or Berreth.
 
FEB 19, 2019
Kelsey Berreth murder case hearing may reveal crucial facts
Prosecutors are expected Tuesday to reveal critical facts that have been kept secret about why they charged the fiance of Kelsey Berreth with two counts of first-degree murder and three counts of solicitation to commit murder during a court hearing to explain facts in the case.

Witnesses are expected to lay out key evidence in the case against Patrick Frazee at his preliminary hearing in Teller County District Court in Cripple Creek. A preliminary hearing requires prosecutors to demonstrate why they believe Berreth is dead and why they pegged Frazee as the suspected killer.

Berreth’s body has not been found, and prosecutors have not specified what evidence they have to prove she is dead. Prosecutors also have not said what motive drove Frazee to allegedly kill the mother of his child.

On Friday, Berreth’s parents offered a possible motive.

In a civil court filing, they claimed that Frazee in telephone conversations with Berreth’s mother on Dec. 2 and Dec. 3 lied about what had become of her daughter including that they broke up around Thanksgiving Day, ate dinner at a Cracker Barrel restaurant and agreed to share 50/50 custody of their daughter. Frazee knew his statements were lies because he had already killed her, the filing says.
 
FEB 19, 2019
Patrick Frazee arrives in court for first preliminary hearing
Patrick’s mother Sheila Frazee took the stand, being represented by an attorney. She refused to answer any questions.

Woodland Park Police Officer, Commander Chris Adams takes the stand. Adams says Cheryl Berreth was in fact the one to report Kelsey missing. He says the last time she was seen was on Thanksgiving and the last she was heard from was Nov. 25. Patrick Frazee was the last to hear from her.

The state presents the witness with a DVD of a recording, which includes an interview with Frazee.

Woodland Park Police contacted Patrick Frazee. The footage includes audio from a body camera interview with Frazee.

In the recording dated Dec. 2nd, Frazee says prior to the week Berreth went missing, she told him she wanted to go separate ways. He says she asked for him to give all of her possessions back. Their lives “had grown so far apart.”

Also in the recording he says the stress of commuting from Pueblo to Woodland Park, Colorado, was getting to her. She “had enough of the arrangement. We were in two different worlds.”

In the interview, Frazee says he received a text from Berreth on the morning of Nov. 25 asking him to give her space. He says “we’ve lived such separate lives for so long.”

Frazee says Berreth was in an alcohol and depression recovery rehab center. He says her work schedule was inconsistent when she got back from rehab. She was in rehab for two weeks and that she admitted herself.

(cont. at the link)
 
FEB 19, 2019
Patrick Frazee faces additional charges in death of Kelsey Berreth
Additional charges have been filed against the Teller County man charged with murder and solicitation to commit murder in the death of his missing fiancee.

Prosecutors added a charge accusing Frazee of tampering with a deceased body and two charges of committing a crime of violence, which would let the state request a harsher penalty on conviction.
 
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