AUGUST 23, 2019 Motions Hearing, Part I (9 - 9:30 a.m.)
Sam Kraemer on Twitter
Alright, we’re inside. Both teams of attorneys are here, as is Sheila Frazee (Patrick’s mother). DA Dan May is not here, at least yet. They’re convening in the judge’s chambers.
#KelseyBerreth #PatrickFrazee#KrystalKenney @KOAA
8:50 AM - 23 Aug 2019
Sam Kraemer on Twitter
And DA Dan May has entered the courtroom. I don’t see any member of the Berreth family here today (at least that I know of).
@KOAA #KelseyBerreth #PatrickFrazee #KrystalKenney
8:53 AM - 23 Aug 2019
Ashley Franco on Twitter
Both sides are in the courtroom.
#PatrickFrazee was just escorted in as well. They'll be discussing a number of motions including choosing a jury and the possibility of an alternative suspect
@KKTV11News
8:57 AM - 23 Aug 2019
Sam Kraemer on Twitter
Patrick Frazee has entered the courtroom wearing ballistic vest & handcuffs. A Teller County deputy removed the cuffs. He has the typical green-striped inmate jumpsuit on with crocs. We’re underway
@KOAA #KelseyBerreth #PatrickFrazee #KrystalKenney
8:58 AM - 23 Aug 2019
Sam Kraemer on Twitter
We’re starting with the motion to suppress the interview Frazee did with a Teller County DHS employee. Teller County Sgt. Roger Sandefur has taken the stand to provide testimony.
@KOAA #KelseyBerreth#PatrickFrazee #KrystalKenney
8:59 AM - 23 Aug 2019
Ashley Franco on Twitter
They're discussing the motion to suppress. Sgt. Roger Sandefur with Teller County Sheriffs office is testify right now. He works for the inmate transport team for the county.
@KKTV11News #PatrickFrazee#KelseyBerreth
9:00 AM - 23 Aug 2019
Sam Kraemer on Twitter
Beth Reed is question Sgt. Sandefur on the Teller County Jail. Reed asks about a “TV room” inside the jail. Sandefur says it’s used for court video advisements, among other things. He says it is not a cell.
@KOAA#KelseyBerreth #PatrickFrazee #KrystalKenney
9:01 AM - 23 Aug 2019
Dani Fried on Twitter
This area is not a cell. In this room there is a large television and video equipment, a phone and a few chairs. Inmates at the jail are not housed in this room.
#patrickfrazee
9:01 AM - 23 Aug 2019
Sam Kraemer on Twitter
Sandefur is asked to described the room’s interior. He says it has a TV, chairs, other furniture. He says no inmates are housed in there. Reed asks if inmates can reject a visit at the jail. Sandefur says yes.
#KelseyBerreth #PatrickFrazee #KrystalKenney @KOAA
9:02 AM - 23 Aug 2019
Dani Fried on Twitter
Regarding policies, if someone scheduled a visit with the inmate the inmate can refuse a visit (this includes lawyers and personal visitors). If they refuse, the deputy could leave the inmate in the housing area and tell the visitor that person will not be coming.
#patrickfrazee
9:02 AM - 23 Aug 2019
Ashley Franco on Twitter
The motion is to suppress the interview
#PatrickFrazee did with a Teller County DHS employee.
@KKTV11News
9:02 AM - 23 Aug 2019
Sam Kraemer on Twitter
Sandefur says when a visitor comes, the deputy goes back to tell the inmate. If the inmate opts not to take the visit, then the deputy goes & tells the visitor. Sandefur says the inmate can end the visit by telling a deputy.
@KOAA #KelseyBerreth #PatrickFrazee #KrystalKenney
9:03 AM - 23 Aug 2019
Dani Fried on Twitter
If they decide to terminate a visit, that person can stop talking with them. This is in regards to the motion to suppress the interview
#patrickfrazee had with the DHS employee
9:03 AM - 23 Aug 2019
Ashley Franco on Twitter
Defense is questioning Sgt. Sandefur. They're asking about the process of setting up interviews within the jail. They schedule the interview in a room within the jail and the interview is done by video advisement.
@KKTV11News #PatrickFrazee
9:04 AM - 23 Aug 2019
Sam Kraemer on Twitter
Stiegerwald now doing cross-examination. He asks about normal attorney meetings. Sandefur says attorneys usually aim to set up an appointment. Stiegerwald asks if they’ve had a phone call from an attorney for an inmate. Sandefur says sometimes
@KOAA #KelseyBerreth #PatrickFrazee
9:04 AM - 23 Aug 2019
Dani Fried on Twitter
#patrickfrazee came to the jail after this particular sergeant worked at the jail. So he was not there during this transaction.
9:06 AM - 23 Aug 2019
Ashley Franco on Twitter
Sgt. Sandefur says he was not working at the jail when
#PatrickFrazee was booked into the jail. He had no idea if he was told who was coming to interview him from DHS.
@KKTV11News
9:06 AM - 23 Aug 2019
Sam Kraemer on Twitter
This room in question is nearing the booking area of the jail. Stiegerwald asks if Sandefur was there when the county DHS employee visited Frazee on Dec. 26. Sandefur says he was not. That ends questioning.
@KOAA #KelseyBerreth #PatrickFrazee #KrystalKenney
9:06 AM - 23 Aug 2019
Carol McKinley on Twitter
At
#patrickfrazee hearing in Teller County Courtroom, a human services worker, Mary Longmire, who visited Frazee the day after Christmas 2018 is on the stand to discuss statements Frazee made to her during a jail visit.
@ABC @Clayton_Sandell
9:07 AM - 23 Aug 2019
Sam Kraemer on Twitter
State now calls Mary Longmire, the DHS employee that met with Frazee and interrogated him on Dec. 26 regarding the custody situation. She’ll have 15 years with the department this October.
@KOAA#KelseyBerreth #PatrickFrazee
9:07 AM - 23 Aug 2019
Ashley Franco on Twitter
Sgt. has been excused from the stand. Mary Longmire with Teller County DHS is taking the stand now to testify. She's been with DHS for 15 years.
@KKTV11News #PatrickFrazee #KelseyBerreth
9:07 AM - 23 Aug 2019
Dani Fried on Twitter
Mary is the child services family administrator with DHS. This is all related to
#patrickfrazee and
#kelseyberreth’s daughter
9:08 AM - 23 Aug 2019
Sam Kraemer on Twitter
Viehman asks Longmire to describe the intake procedure. She says allegations drive it. Longmire says the case worker then goes to interview the parents, digs into records & gathers more info. From there, they decide on the child’s well-being.
@KOAA #KelseyBerreth #PatrickFrazee
9:09 AM - 23 Aug 2019
Ashley Franco on Twitter
Before a caseworker goes out they have to be referred or a report has to be made before they can go to a case. Law enforcement can send a referral in the event they need it for a case like this.
@KKTV11News#PatrickFrazee #kelseyBerreth
9:09 AM - 23 Aug 2019
Sam Kraemer on Twitter
Viehman asks Longmire if this is standard procedure. She says yes, that it’s in line with the children’s code in the Colorado Code of Regulations.
@KOAA #KelseyBerreth #PatrickFrazee
9:10 AM - 23 Aug 2019
Dani Fried on Twitter
Mary was involved in Kaley’s referral which came from a confidential source. Council is now approaching the bench.
#patrickfrazee
9:12 AM - 23 Aug 2019
Lance Benzel on Twitter
In Cripple Creek for
#PatrickFrazee’s pre-trial motions hearing in the alleged murder of his fiancée Kelsey Berreth. Stay tuned for significant updates.
@csgazette
9:12 AM - 23 Aug 2019
Ashley Franco on Twitter
December 21st 2018, DHS received a referral about Kaylee Frazee, they're referring to her as "KF" in this instance. Longmier says the referral came from Woodland Park PD.
@KKTV11News #PatrickFrazee
9:12 AM - 23 Aug 2019
Dani Fried on Twitter
When Mary received the referral for this case in Dec. she met with the Woodland Park PD and they from KF to her. Once she was brought to the office the entire process began starting with calling the court to request a emergency custody.
#patrickfrazee
9:13 AM - 23 Aug 2019
Sam Kraemer on Twitter
To start that process, Longmire contacted the court to hold an emergency proceeding related to custody of the couple’s daughter. That was granted.
@KOAA #KelseyBerreth #PatrickFrazee
9:14 AM - 23 Aug 2019
Ashley Franco on Twitter
Longmier says Kaylee Frazee was brought to the DHS office by Woodland Park PD. DHS called court to request emergency custody of KF.
@KKTV11News #PatrickFrazee #KelseyBerreth
9:14 AM - 23 Aug 2019
Dani Fried on Twitter
Teller county department of human services received legal custody of KF. At this point Mary started to interview and speak with other relatives of KF including Sheila Frazee
#patrickfrazees mother.She also spoke with Aaron Frazee and on the 21st she met and spoke w/ Patrick
9:15 AM - 23 Aug 2019
Ashley Franco on Twitter
DHS spoke with Sheila and Erin Frazee on Dec 21st. She also went to the Teller County Jail to meet with
#PatrickFrazee. She was notifying him they had custody of KF.
@KKTV11News
9:15 AM - 23 Aug 2019
Sam Kraemer on Twitter
Longmire says she made contact with other relatives. She spoke with Sheila Frazee & Erin Frazee on the 21st. She also spoke with Patrick at the Teller County Jail to serve him with notice for the custody proceeding & start the case process.
@KOAA #KelseyBerreth #PatrickFrazee
9:16 AM - 23 Aug 2019
Sam Kraemer on Twitter
Longmire says she made an appointment for that meeting, which went between 45 minutes to an hour. She says she informed him about the process & explained what the allegation was.
@KOAA#KelseyBerreth #PatrickFrazee
9:17 AM - 23 Aug 2019
Ashley Franco on Twitter
Longmier identifies
#PatrickFrazee in the courtroom. On Dec 21st when she met with him she told him he was arrested for allegations of murdering his child's mother and that's why KF was placed in DHS custody.
@KKTV11News
9:17 AM - 23 Aug 2019
Dani Fried on Twitter
On the 21st when she met with
#patrickfrazee it was so she could inform him that th police department had custody of KF. On the 21st she spent 45-1 hour providing the information for him and she gave him a short explanation of what the allegation was.
9:17 AM - 23 Aug 2019
Sam Kraemer on Twitter
Her explanation was that he was arrested for Kelsey Berreth’s murder, and due to his incarceration, DHS didn’t have a parent to place the couple’s daughter with.
@KOAA #KelseyBerreth #PatrickFrazee
9:17 AM - 23 Aug 2019
Dani Fried on Twitter
Mary told
#patrickfrazee that he has been arrested for the murder of KFs mother) the main issue for the DHS was that there wasn’t a parent available to place KF. Ultimately the Berreth’s received custody of KF.
9:18 AM - 23 Aug 2019
Ashley Franco on Twitter
Longmier says she spoke with the Berreth's as well. They received physical custody of KF on Dec 21st.
@KKTV11News #PatrickFrazee
9:19 AM - 23 Aug 2019
Sam Kraemer on Twitter
Longmire says she also made contact with Cheryl & Darrell Berreth on the 21st, who received physical custody of the daughter. Since they live out of state, they had to conduct a homestay with the Berreths, which was expedited.
@KOAA #KelseyBerreth #PatrickFrazee
9:19 AM - 23 Aug 2019
Sam Kraemer on Twitter
That expedited process was about three business days. Longmire says it was in line with an order on Dec. 27. It’s called the interstate placement of children, abbreviated as ICPC.
@KOAA #KelseyBerreth#PatrickFrazee
9:20 AM - 23 Aug 2019
Dani Fried on Twitter
Mary spoke with relatives on a more detailed level. Mary made a visit to Sheila Frazee’s home after the custody hearing. She met with
#patrickfrazee again on the 26th at the jail.
9:20 AM - 23 Aug 2019
Sam Kraemer on Twitter
Longmire says she visited Sheila Frazee at her home on Dec. 27, in addition to phone contact with Erin Frazee & the Berreths. She says she also met Patrick at the Teller County Jail on Dec. 26.
@KOAA#KelseyBerreth #PatrickFrazee
9:21 AM - 23 Aug 2019
Dani Fried on Twitter
During her meeting with
#patrickfrazee on the 26th, she interviewed him at the TC jail, after making an appointment that was delayed. She returned later in the evening to meet with him. He was not available when she first arrived.
9:22 AM - 23 Aug 2019
Sam Kraemer on Twitter
Longmire says she called to set up an appointment. She says intake workers often go to the jail. Her initial appointment was delayed so she returned in the evening for another appointment at 7 p.m. that day.
@KOAA #KelseyBerreth #PatrickFrazee
9:22 AM - 23 Aug 2019
Sam Kraemer on Twitter
Viehman asks what room they met in. Longmire says the video advisement room, describing it with a round table, 2-3 chairs, a TV, one door & a window looking into the deputy’s workspace. She says she was put in that room.
@KOAA #KelseyBerreth #PatrickFrazee
9:23 AM - 23 Aug 2019
Dani Fried on Twitter
She came back at 7 PM on the 26th.
#patrickfrazee was brought into the room by a deputy. He may not have been in handcuffs. The deputy did not stay in the room.
9:24 AM - 23 Aug 2019
Ashley Franco on Twitter
Longmier says she met with
#PatrickFrazee at the Teller County jail on Dec 26th. She went to the jail at 7p and met with him in the video advisement room. She says There was not a deputy in the room when she met with Frazee at the jail.
@KKTV11News
9:24 AM - 23 Aug 2019
Sam Kraemer on Twitter
Viehman asks how Frazee was brought into the room. Longmire says a deputy brought him in & she thinks he wasn’t wearing handcuffs, as he was asked to sign paperwork.
@KOAA #KelseyBerreth#PatrickFrazee
9:24 AM - 23 Aug 2019
Sam Kraemer on Twitter
She says this meeting was between 60 & 90 minutes. She says she was seated with her back to the window, while Frazee sat across from her (trying to make the point he could see through the window to deputies).
@KOAA #KelseyBerreth #PatrickFrazee
9:25 AM - 23 Aug 2019
Dani Fried on Twitter
This was the day before that emergency hearing. The meeting on the 26th was longer 1hour-90 minutes. Mary told
#patrickfrazee she was there to conplete an assessment and obtain more information about KF. She needed to learn about his background and KFs medical issues
9:25 AM - 23 Aug 2019
Ashley Franco on Twitter
Longmire says she had a number of documents for
#PatrickFrazee to sign when she met with him on Dec 26th. Docs were for a release of information on KF. She said she was there to complete an assessment of the family in order to place the child in different custody.
@KKTV11News
9:25 AM - 23 Aug 2019
Sam Kraemer on Twitter
Longmire says she was there to compete an assessment of the family & learn more about the couple’s daughter (her development, her relationship with mother, what the custody situation was like).
@KOAA#KelseyBerreth #PatrickFrazee
9:26 AM - 23 Aug 2019
Dani Fried on Twitter
Mary also asked about KFs mother and their relationship and what her daily life was like. Social background was also doscusssd to see if Sheila or Erin Frazee would be suitable for KF.
#patrickfrazee
9:27 AM - 23 Aug 2019
Sam Kraemer on Twitter
Viehman asks if Sheila & Erin Frazee asked for custody of the couple’s daughter too. Longmire says yes & that learning some of Patrick’s social background would be important to letting them get custody.
@KOAA#KelseyBerreth #PatrickFrazee
9:27 AM - 23 Aug 2019
Sam Kraemer on Twitter
Viehman asks if they use a standard list of questions during cases like these. Longmire says yes. They’ve admitted an exhibit showing the list of questions.
@KOAA #KelseyBerreth #PatrickFrazee
9:28 AM - 23 Aug 2019
Ashley Franco on Twitter
Longmire says she had to gain an understanding of KFs day to day life with her parents. She says Sheila and Erin Frazee we're both asking for custody of the daughter when DHS has KF in custody.
@KKTV11News #PatrickFraze
9:26 AM - 23 Aug 2019
Ashley Franco on Twitter
Longmire says there's a list of standardized questions which are asked during custody placement. Prosecutors handed Longmire a list of those standardized questions. Those will be admitted as evidence.
@KKTV11News #PatrickFrazee
9:28 AM - 23 Aug 2019
Sam Kraemer on Twitter
Longmire describes her meeting as professional & personable with Frazee. She says he was cooperative & provided a lot of meaningful information. Asked if she thought he was a caring father, Longmire says yes.
@KOAA #KelseyBerreth #PatrickFrazee
9:29 AM - 23 Aug 2019
Ashley Franco on Twitter
Longmire says her meeting with
#PatrickFrazee was professional. She says he seemed like a caring father. She also states that there were some questions Frazee did not answer because of the ongoing criminal investigation.
@KKTV11News
9:30 AM - 23 Aug 2019
