Monday, November 18, 2019

The Murder Of Kelsey Berreth: Patrick Frazee Trial: Day 9: CBI Agent Doesn't Know Where The Case Would Be Without Kenney.

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Colorado Bureau of Investigation DNA analyst, Caitlin Rogers, was questioned by the defense about the evidence tested from Kelsey's town home after her disappearance last year. The defense  pointed out that Frazee's DNA was hardly found inside the home. Attention was also brought to the fact that the hay sample and hay swine from Nash Ranch underwent a presumptive blood test and both came back negative.

Rogers also confirmed that many places tested inside Kelsey's home came back negative for Krystal's DNA.

CBI agent, Michael Hecht, said he was familiar with Doss Aviation and looked through Kelsey's work space for evidence, such as a suicide note or itinerary. He said he found no evidence that indicated where Kelsey may have been.

Mary Longmire, who has worked for the Teller County Department of Human Services, became involved in the case after the department received a referral. She recalled this happened on December 21st, which is the same day Frazee was arrested. She had to do interviews of anybody who sought custody of Kaylee. Frazee was one of them.

Frazee told Longmire that he and Kelsey had decided to separate and talked about their co-parenting plan. Frazee also told her that they were separated when Kaylee was born and that Kelsey never wanted to fix things. He also said he was the sole bread winner.  Frazee also claimed that Kelsey was an alcoholic and that they would fight over money. He claimed that she would frequently "dump" Kaylee on him.

Longmire then described the conversation she had with Frazee about Thanksgiving 2018. Frazee said Kelsey called him to come pick up Kaylee on the day before Thanksgiving. He said he agreed to meet her at the Florissant post office. Frazee said they talked about their relationship then and while driving to Nash Ranch. Frazee said they talked about going their separate ways and that they would split custody of Kaylee equally. 

After stopping at the ranch, Frazee threw up and Kelsey went and got him medicine. Then Kelsey and Kaylee went to her town home and texted Frazee to say they made it home safely.

On Thanksgiving Day, Frazee said he talked with Kelsey around 9:30 a.m. and told her he would pick up Kaylee about 12:30 p.m. that day. He told Longmire that he picked up Kaylee and said he and Kelsey agreed to talk again the next morning.

Frazee told Longmire they texted the next morning and decided that Kaylee would stay with him until 5:30 p.m., when they'd meet at the Florrisant post office. He said Kelsey texted him to say he should keep Kaylee.

Frazee told Longmire that Kelsey texted him the next morning, saying she wanted to go to church alone the coming Sunday. Later that Saturday, Frazee said they had a heated conversation and he told Kelsey he would keep Kaylee "until the storm blew over," Longmire said. He said Kelsey "lost it," Longmire testified.

Frazee said he talked with Kelsey on Sunday morning. He called her again later that afternoon and got her voicemail, Longmire said Frazee told her. He said he later received a text from Kelsey, asking, "Do you even love me?" Frazee said he tried to respond, "Of course I do," but his text didn't go through.

Frazee claimed that he tried calling her later that night and again tried to contact her over the next three days. When asked if he had been concerned, Frazee said he became concerned as time went by.

CBI agent, Gregg Slater, testified that he "Honestly don't know" where case would be without Krystal Kenney. “We didn’t know anything other than Berreth was missing, her belongings were missing... her behavior was off,” Slater said.

Slater said he traveled to Kenney's home with a FBI special agent and Twin Falls police detective in Twin Falls, Idaho, on Dec. 17, 2018 with search warrants in tow. They explained to Kenney that they knew she was involved in Kelsey's disappearance and had evidence to support it.

Before Kenney gave a statement to the investigators three days later, she signed an agreement with the district attorney's office.

Kenney provided the investigators with information about the black tote container, in which Berreth's body was allegedly burned; the Nash Ranch, where Frazee allegedly kept the black tote; and the area where the tote was allegedly burned on Frazee's property.

Slater said when they returned to the ranch on December 21st that is when noticed the discoloration in the dirt, where Frazee had allegedly burned Kelsey's body in a rusted-out trough and asked ranch hands to cover the burn area.

He was asked if a cadaver dog was ever used on the burn area on the Frazee ranch or on his truck. Slater said no, because Kenney hadn't came forward with her information yet. So, they were unaware of any information about a tote or burn pit.

Kenney also informed the investigators about the blood found on Kelsey's toilet, floor, baby gate, couch and fireplace in her town home. Slater said that they wouldn't have found this without her.

Slater then talked about the texts between Frazee and Kelsey going back to April 2018. In those texts that Kelsey mainly initiated, she would text Frazee about starting a family together and if that was ever going to happen, if he loved her and not being able to see Kaylee as much as she wanted. She would also text him about buying a house together. Frazee would respond to those conversations infrequently.

Slater said that the last time Kelsey posted on Facebook was October 30th, 2018. She had many baby pictures up of Kaylee and had also sent many of those pictures to Frazee. When Kelsey's disappearance went public, many people posting on her Facebook wall, but not Frazee.

Slater then went on to detail the texts from the day of Kelsey's alleged murder.
3:37 a.m.: Frazee texted Kelsey telling her he will come to Woodland Park after his chores and could take Kaylee with him on errands while Kelsey napped. 
3:53 a.m.: Kelsey texted Frazee letting him know they had just gotten home to her townhome. He replied, "OK, thanks."
9:15 a.m.: Kelsey texted Frazee asking if he wanted to go out to eat. He did not respond.
9:37 a.m.: Kelsey texted him asking him to call when he was awake. He did not respond.
12:41 p.m.: Kelsey texted Frazee that she bought sweet potatoes in case he wanted a sweet potato casserole, but forgot pecans.
4:39 p.m.: Frazee texted Kenney saying happy Thanksgiving and to call when she could. Kenney did not reply.
5:32 p.m.: Kelsey's phone texted Cheryl Berreth that they went shooting that day and that she had had fun using her gun again. She said Frazee was going to let her keep it and that she'll now feel safe running again. Cheryl Berreth responded, "Great!"
9:35 p.m.: Kenney texted Frazee saying, "Happy thanksgiving to you guys too!"

Then Slater moved on to the next day.
6:59 a.m.: Kelsey's phone texted Frazee asking him to call her when he was awake.
7:32 a.m.: Kelsey's phone texted Frazee saying she was running late and would call when she got home. Frazee responds, "OK. Be safe."
3:13 p.m.: Frazee texted Kelsey, asking how her shopping was going. Her phone replied saying she was just looking and hadn't seen anything she liked.
After 5 p.m.: Kelsey's phone texted Frazee asking him to keep Kaylee that night because she was tired.
5:23 p.m.: Frazee responded, saying sure, that he didn't mind doing so. He asked if she needed anything and she said no.

Then he moved on to the texts from Nov. 24:
7:24 a.m.: Kenney texted Frazee about looking at horses around 9 that day.
7:26 a.m.: Frazee said 8:45 a.m. would be better.
7:41 a.m.: Frazee texted Kelsey to see if she was awake.
7:43 a.m.: Kenney texted Frazee saying she didn't know if she could make it by 8:45 a.m.
7:45 a.m.: Berreth texted Frazee apologizing because she didn't hear her phone. She said she would call after she showered.
Unknown time: Kenney called Frazee saying she would call later.
1:01 p.m.: Kenney texted Frazee saying she was curious if then was a good time to come over and Frazee responded that was fine, as he was almost back home. He said he'd be back home in 15 minutes.
3:59 p.m.: Kelsey texted Cheryl Berreth and said she'd call her the following day.
4:07 p.m.: Frazee texted Kelsey saying if this was what she really wanted, he'd respect her wishes and give her space. "If you change your mind, you can call me," his message read.
4:21 p.m.: Kenney texted Frazee thanking him for letting her see the horse.
4:33 p.m.: Frazee texted Kenney saying it wasn't a problem and to let him know how many mares she wanted to breed and they would make it work.
6:25 p.m.: Kenney texted Megan Garrison, saying she was going to stay at Garrison's house that evening and if that was OK, which Garrison agreed to.
6:32 p.m.: Garrison responded that it was fine for Kenney to stay the night.

Slater then continued to show texts between Kelsey and Frazee from November 25:
7:34 a.m.: Kelsey texted Frazee, asking to call her when he and Kaylee wake up.
8:53 a.m.: Kelsey texted Frazee, saying "Patrick.Frazee1985@gmail.com. Password Kaylee05." Frazee responded, saying thanks and "I'll look at 'em when I get time tonight."
-Unknown time: Kelsey texted Frazee, "Call me when you guys are done." Frazee responds, saying "OK will do."
Unknown time: Kelsey texted Frazee, "Do you even love me?"
6:29 p.m.: Kenney texted Frazee, "After talking to the powers that be, he thinks just my sisters buckskin"
Unknown time: Slater said a response from Frazee didn't go through, but said: "Why would I bend over backwards and stand behind you through everything if I didn't? So to answer your question, yes I do."

No more texts from Frazee to Kelsey after that. Police seized Frazee's phone on December 4th.

Kevin Hoyland, a cell phone expert with the FBI, was recalled to the witness stand. He testified that cell phone records showed that Kenney's phone moved from Idaho to Colorado on November 23rd, arrived in Colorado on the 24th and left later that day, arriving back in Idaho on the 25th.

On her way to Colorado, Kenney's phone received six calls from Frazee's landline phone.

Kelsey's phone showed a lot of activity near Gooding, Idaho, on November 25th. Her phone texted Frazee at 5:11 p.m. and got a response at 5:20 p.m. Frazee called her phone at 5:20 p.m. and 5:21 p.m. but the calls went straight to voicemail. Those calls were the last activity from Kelsey's phone.

Kevin Clark, senior criminal intelligence analyst with the Colorado Springs Police Department Metro Vice Unit, was given records from for different Verizon users as well as surveillance footage and photos from all the relevant Woodland Park and Florissant homes and businesses.  He used all this information to compile multiple timelines. The timelines show the communication between multiple cell phones and Frazee’s landline in Florissant between November 22nd and December 4th, 2018. It mirrored what Slater had said in his previous testimony Thursday, but in greater detail.

The timeline Clark presented in court also showed that Kelsey’s phone and Kenney’s phone both signaled near the Colorado-Utah border shortly after 4 a.m. on November 25th. 

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