4th Judicial DA on Twitter
Motions Hearing for Patrick Michael Frazee is set for 9 this morning in Div. 11 in Teller County.
#2018CR330
6:37 AM - 14 Jun 2019
Ashley Franco on Twitter
VIDEO: #PatrickFrazee seemed to run into the courthouse this morning. Bottom line, he has arrived at the courthouse for a motions hearing concerning evidence in the criminal case.
@KKTV11News #KelseyBerreth
7:43 AM - 14 Jun 2019
Carol McKinley on Twitter
NEW: Lawyers for both sides will discuss consumptive testing on a tiny, unnamed piece of evidence in open court today. The court reporter just asked
#PatrickFrazee's mother if she would like a cushion because this "could be long." Starts at 9 local
#kelseyberreth @ABC
8:31 AM - 14 Jun 2019
Sam Kraemer on Twitter
We’ve made it into the courtroom. Sheila Frazee is here, as is Ashley Porter (one of Frazee’s attorneys) and Lead Prosecutor Jennifer Viehman. The gallery isn’t nearly as full as it’s been for his hearings, at least right now.
@KOAA #KelseyBerreth#PatrickFrazee #KrystalKenney
8:46 AM - 14 Jun 2019
Sam Kraemer on Twitter
From the sound of it, it seems we may be having a witness calling in.
@KOAA#KelseyBerreth #PatrickFrazee #KrystalKenney
8:48 AM - 14 Jun 2019
Sam Kraemer on Twitter
Erin Frazee, District Attorney Dan May, as well as a representative for the petition team are all here now too.
@KOAA #KelseyBerreth #PatrickFrazee #KrystalKenney
8:51 AM - 14 Jun 2019
Sam Kraemer on Twitter
Patrick Frazee is now in the courtroom. Buzz cut, bulletproof vest, green-striped inmate jumpsuit, pink handcuffs, black crocs. The hearing is underway.
@KOAA#KelseyBerreth #PatrickFrazee #KrystalKenney
8:59 AM - 14 Jun 2019
Sam Kraemer on Twitter
Viehman says they plan to have telephone testimony. The defense has some objections to it, including a background check for the expert present for testing.
@KOAA #KelseyBerreth #PatrickFrazee #KrystalKenney
9:01 AM - 14 Jun 2019
Sam Kraemer on Twitter
Viehman says she thinks statute is more focused on whether the testing is admissible, not the parameters of a defense expert being present. Porter says the objections deal with the lab’s policies.
@KOAA #KelseyBerreth #PatrickFrazee#KrystalKenney
9:02 AM - 14 Jun 2019
Sam Kraemer on Twitter
Judge Scott Sells says he studied case law. He wants to decide on this today. The state is calling Katelyn Rogers (unsure on spelling) with the Colorado Bureau of Investigation.
@KOAA #KelseyBerreth #PatrickFrazee #KrystalKenney
9:03 AM - 14 Jun 2019
Ashley Franco on Twitter
Prosecutors are calling in Katlin Rogers (not sure on spelling) with CBI. She is testifying today over the phone.
@KKTV11News #PatrickFrazee #KelseyBerreth
9:04 AM - 14 Jun 2019
Sam Kraemer on Twitter
Caitlin Rogers is the spelling. She’s a forensic scientist with CBI at the Pueblo Regional Lab. Her expertise is forensic serology and DNA analysis. She’s worked there for a few years.
@KOAA #KelseyBerreth #PatrickFrazee #KrystalKenney
9:06 AM - 14 Jun 2019
Sam Kraemer on Twitter
Viehman asks what the procedure is for determining consumptive testing is necessary. She says they do the best they can to get the best results. They try to preserve half of all evidence for later use (defense or otherwise)
@KOAA#KelseyBerreth #PatrickFrazee #KrystalKenney
9:07 AM - 14 Jun 2019
Ashley Franco on Twitter
Caitlin Rogers is a DNA specialist with CBI. Prosecutors are asking her about the CBI's process of consumptive testing
@KKTV11News #KelseyBerreth #PatrickFrazee
9:07 AM - 14 Jun 2019
Sam Kraemer on Twitter
But some pieces of evidence are too small or don’t have enough DNA material in testing only half of that sample.
@KOAA #KelseyBerreth #PatrickFrazee#KrystalKenney
9:07 AM - 14 Jun 2019
Sam Kraemer on Twitter
Rogers says they notify the district attorney’s office when they assess the sample and determine it to be to small & eligible for consumptive testing. They need written permission.
@KOAA #KelseyBerreth #PatrickFrazee #KrystalKenney
9:08 AM - 14 Jun 2019
Sam Kraemer on Twitter
Rogers says defense experts can be present as long as they follow the lab’s policies, which are published and referred to as a “control” for the lab.
@KOAA#KelseyBerreth #PatrickFrazee #KrystalKenney
9:09 AM - 14 Jun 2019
Lance Benzel on Twitter
At a motions hearing for
#PatrickFrazee, where prosecutors are seeking permission to test an item of evidence that is so small it will be destroyed in the process.
#KelseyBerreth.
@csgazette
9:09 AM - 14 Jun 2019
Sam Kraemer on Twitter
The policy outlines guidelines defense experts are to follow if they are present for testing. One part of the policy requires a background check and buccal swab collection for the expert.
@KOAA #KelseyBerreth #PatrickFrazee #KrystalKenney
9:10 AM - 14 Jun 2019
Sam Kraemer on Twitter
Viehman asks why those are both required. Rogers says the lab is contained within a state law enforcement building with sensitive information, so those policies are to protect that.
@KOAA #KelseyBerreth #PatrickFrazee #KrystalKenney
9:11 AM - 14 Jun 2019
Sam Kraemer on Twitter
Rogers says the buccal swab is taken to tell whether DNA evidence in the lab has been contaminated. They are taken for anyone that has entered a lab across the state. It verifies the evidence — and not someone just in the lab.
@KOAA#KelseyBerreth #PatrickFrazee #KrystalKenney
9:12 AM - 14 Jun 2019
Sam Kraemer on Twitter
Viehman asks if the background check & buccal swab collection must always be followed. Rogers says yes. The only exception to the buccal swab would be if they’ve already visited a lab.
@KOAA #KelseyBerreth #PatrickFrazee #KrystalKenney
9:13 AM - 14 Jun 2019
Carol McKinley on Twitter
Caitlyn Rogers, a DNA expert from the Colorado Bureau of Investigation/Pueblo office explains why defense experts MUST have a background check and buccal swabs whenever they enter a lab. Defense has asked for an explanation.
#kelseyberreth #patrickfrazee @ABC
9:13 AM - 14 Jun 2019
Sam Kraemer on Twitter
Judge Sells inquires on the type of background check. Rogers says the CBI unit responsible for firearm background checks conducts it in line with NCIC protocol. They’re looking for outstanding warrants & such.
@KOAA #KelseyBerreth#PatrickFrazee #KrystalKenney
9:14 AM - 14 Jun 2019
Sam Kraemer on Twitter
It’s extremely sensitive, she says. They don’t need a lot of DNA to get the results they need.
@KOAA #KelseyBerreth #PatrickFrazee #KrystalKenney
9:16 AM - 14 Jun 2019
Ashley Franco on Twitter
Rogers says usually they do a sample split, split evidence in half to preserve it. Sometimes evidence is too small so they can’t do that. She’s explaining how they usually test evidence this small. Still don’t know what this evidence is.
@KKTV11News #PatrickFrazee #KelseyBerreth
9:16 AM - 14 Jun 2019
Sam Kraemer on Twitter
Right now, they believe the piece of evidence is too small. But if they determined in their test (the quantification of the DNA extract) that the amount of DNA is sufficient, they can split the extract so another entity can test the DNA too.
@KOAA#KelseyBerreth #PatrickFrazee
9:18 AM - 14 Jun 2019
Sam Kraemer on Twitter
Cross-examination now happening. Porter asks if having defense experts being present is a normalcy. Rogers says she hasn’t had an expert present for her testing, but that it does happen.
@KOAA #KelseyBerreth #PatrickFrazee #KrystalKenney
9:19 AM - 14 Jun 2019
Ashley Franco on Twitter
She says if the small piece of evidence has enough DNA it’s possible for them to split the DNA for both the prosecution and defense.
@KKTV11News #PatrickFrazee#KelseyBerreth
9:19 AM - 14 Jun 2019
Sam Kraemer on Twitter
Porter asks if they generally have a forensic background. Rogers says it varies. Porter asks what the expert can do, which is just stand there and observe. They can’t touch the testing or evidence.
@KOAA #KelseyBerreth #PatrickFrazee #KrystalKenney
9:20 AM - 14 Jun 2019
Sam Kraemer on Twitter
Porter asks for statistics on how often a sample has been contaminated. Rogers says she doesn’t know.
@KOAA #KelseyBerreth #PatrickFrazee #KrystalKenney
9:20 AM - 14 Jun 2019
Sam Kraemer on Twitter
Rogers says they try to confirm the sample is uncontaminated before testing it for a result.
@KOAA #KelseyBerreth #PatrickFrazee #KrystalKenney
9:21 AM - 14 Jun 2019
Lance Benzel on Twitter
We still haven’t heard what this item is. Today’s hearing is an example of battles that will be fought over what evidence will be admissible if
#PatrickFrazee goes to trial in October as scheduled.
@csgazette #KelseyBerreth
9:21 AM - 14 Jun 2019
Sam Kraemer on Twitter
Porter asks for clarification. Rogers says the CBI Lab does not do mitochondrial testing. And again, if the lab determines the DNA extract can be split, the defense expert would be kicked out.
@KOAA #KelseyBerreth #PatrickFrazee#KrystalKenney
9:22 AM - 14 Jun 2019
Sam Kraemer on Twitter
Viehman now on redirect. She’s asking if the lab is verified, and Rogers says they are accredited (including meeting the FBI’s standards). One of the requirements for their accreditation is having a policy for consumptive testing.
@KOAA#KelseyBerreth #PatrickFrazee
9:23 AM - 14 Jun 2019
Sam Kraemer on Twitter
Sells now asking for clarification. He’s asking if the expert can watch the entirety of the process if it’s deemed to be consumptive. Rogers says just about. They can watch sample prep, DNA extract & quantification.
@KOAA #KelseyBerreth #PatrickFrazee
9:24 AM - 14 Jun 2019
Sam Kraemer on Twitter
During quantification, if the DNA extract has enough quantity to be split, the expert is kicked out because the defense can then conduct its own test. If it is deemed consumptive, they can stay.
@KOAA #KelseyBerreth #PatrickFrazee#KrystalKenney
9:26 AM - 14 Jun 2019
Sam Kraemer on Twitter
The testimomy is done. Viehman asks the court to allow this testing & that CBI can follow its own policies on this testing.
@KOAA #KelseyBerreth #PatrickFrazee#KrystalKenney
9:26 AM - 14 Jun 2019
Ashley Franco on Twitter
Rogers is done testifying. There are no other witnesses. Prosecutors order that CBI should be allowed to test the evidence even if it is small enough the evidence would be destroyed during that testing.
@KKTV11News #KelseyBerreth #PatrickFrazee
9:27 AM - 14 Jun 2019
Sam Kraemer on Twitter
Porter says she doesn’t object to the testing being done. She just objects to those two policies. She says the buccal swab process is intrusive & should be taken after the testing and only if the evidence is contaminated.
@KOAA #KelseyBerreth#PatrickFrazee
9:28 AM - 14 Jun 2019
Sam Kraemer on Twitter
Porter says they wouldn’t want their expert’s swab kept in a DNA database. She also wants her expert there for the entirety of the process, even if the sample is split, because she says there isn’t a guarantee they get the split sample.
@KOAA#KelseyBerreth #PatrickFrazee
9:29 AM - 14 Jun 2019
Ashley Franco on Twitter
Defense is concerned that CBI would have to do a background check and swab of their expert to be allowed to observe the consumptive testing. Judge Sells says doing a background is not intrusive.
@KKTV11News #KelseyBerreth #PatrickFrazee
9:31 AM - 14 Jun 2019
Sam Kraemer on Twitter
Judge Sells rules in favor of the state, noting CBI is a law enforcement agency. He doesn’t find running someone’s name is intrusive. He says it’s important to protect the process (keep in mind they test for thousands of other cases).
@KOAA #KelseyBerreth #PatrickFrazee
9:31 AM - 14 Jun 2019
Sam Kraemer on Twitter
Sells says he doesn’t think the defense would send a convicted felon as an expert, but “you never know”. He also says he thinks the buccal swab is equally important to the process.
@KOAA #KelseyBerreth #PatrickFrazee #KrystalKenney
9:32 AM - 14 Jun 2019
Sam Kraemer on Twitter
He thinks this is a reachable protocol, it’s used for a narrow reason and so he is ruling in favor of the state on that.
@KOAA #KelseyBerreth #PatrickFrazee#KrystalKenney
9:32 AM - 14 Jun 2019
Sam Kraemer on Twitter
As far as the sample split, Sells says the Court is not to dictate the CBI Lab on its process & protocol for the consumptive testing, citing case law. He finds the testing reasonable, done in good faith & grants the order to do the testing.
@KOAA#KelseyBerreth #PatrickFrazee
9:34 AM - 14 Jun 2019
Ashley Franco on Twitter
Judge Sells approved the background testing requested by CBI. Sells says CBI is accredited and finds it is reasonable for them to ask for a DNA swab for defense attorney’s expert to be present during testing.
@KKTV11News #KelseyBerreth#PatrickFrazee
9:34 AM - 14 Jun 2019
Sam Kraemer on Twitter
Defense had made a motion to videotape the testing but since withdrew it. Porter wants to clarify the defense is requesting the sample split if deemed possible.
@KOAA #KelseyBerreth #PatrickFrazee #KrystalKenney
9:35 AM - 14 Jun 2019
Carol McKinley on Twitter
#patrickfrazee's attorneys contend mandatory back ground checks and buccal swabs for their DNA expert are too intrusive. Judge Sells disagrees. He says anyone who comes into the lab should be tested to deter contamination. Testing could begin in two weeks.
@ABC #kelseyberreth
9:36 AM - 14 Jun 2019
Sam Kraemer on Twitter
Porter asks the buccal swab for their expert (who hasn’t been identified yet) be destroyed after the testing. Sells says he won’t rule on that today. Porter says they should ID their expert within two weeks. Viehman says they want to start another round of testing soon.
@KOAA
9:36 AM - 14 Jun 2019
Sam Kraemer on Twitter
That’s a wrap.
@KOAA #KelseyBerreth #PatrickFrazee #KrystalKenney
9:36 AM - 14 Jun 2019
Lance Benzel on Twitter
That's it for today. Judge ends hearing.
#PatrickFrazee due to return Aug. 23 for an all-day motion hearing. He's being led out of courtroom now, his hands cuffed in front of his waste.
@csgazette #KelseyBerreth
9:37 AM - 14 Jun 2019
Sam Kraemer on Twitter
Press conference is underway with prosecutors.
Viehman says the actual piece of evidence is a tooth or part of a tooth. @KOAA#KelseyBerreth #PatrickFrazee #KrystalKenney
9:46 AM - 14 Jun 2019
Ashley Franco on Twitter
Tooth fragment was found on #PatrickFrazee property.@KKTV11News #KelseyBerreth
9:47 AM - 14 Jun 2019
Lance Benzel on Twitter
Item to be tested is a tooth or possible tooth, prosecutor Jennifer Viehman says. She won’t say to whom it may belong.
@csgazette #PatrickFrazee #KelseyBerreth
9:47 AM - 14 Jun 2019
Lance Benzel on Twitter
Viehman : “It has been described as a possible tooth fragment.” Blood and DNA analysis could destroy it, Viehman says.
@csgazette #PatrickFrazee #KelseyBerreth
9:49 AM - 14 Jun 2019
Sam Kraemer on Twitter
Viehman says she can’t answer how important the tooth or tooth fragment would be to their case.
@KOAA #KelseyBerreth #PatrickFrazee #KrystalKenney
9:49 AM - 14 Jun 2019
Ashley Franco on Twitter
Defense was given two weeks to get an expert and then the CBI will set up a time to test it.
@KKTV11News #KesleyBerreth #PatrickFrazee
9:49 AM - 14 Jun 2019
Carol McKinley @CarolAMcKinley
Frazee, in a bulletproof vest, listened intently to every minute. His mom and a rancher friend were in the courtroom.
@abcnews
9:53 AM - 14 Jun 2019
Sam Kraemer @SamKraemerTV
Dan May says he has no comment at this time on whether they’ll pursue the death penalty for Frazee.
@KOAA #KelseyBerreth #PatrickFrazee #KrystalKenney
9:56 AM - 14 Jun 2019 pst
Sam Kraemer @SamKraemerTV
For that to happen, though, Frazee would first need to be convicted of first-degree murder. Then he’d have a second trial with the same jury to determine the death penalty.
@KOAA #KesleyBerreth #PatrickFrazee #KrystalKenney
9:57 AM - 14 Jun 2019
Sam Kraemer @SamKraemerTV
Presser is over. We’ll have full coverage tonight on
@KOAA
10:03 AM - 14 Jun 2019
