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Tuesday, November 19, 2019

The Murder Of Kelsey Berreth: Patrick Frazee Trial: Day10: Frazee Asked A Former Jailhouse Inmate To Kill Krystal Kenney.

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Krystal Kenney and the prosecution outlined the different ways that Frazee plotted to kill Kelsey Berreth.

Kenney testified about all the times that Frazee asked her to kill Kelsey. 

In October 2018, he asked Kenney what would happen if someone took too much sleep aid or other drugs. Around this time, Kenney said that Frazee told her that Kelsey liked caramel macchiatos and that she should spike one with a drug cocktail so "we can end this." He also told her, "People go missing every day. … She had gone to an alcohol and drug rehab facility. It wouldn’t be out of the ordinary.” 

Kenney then testified how she didn't poison Kelsey's drink, but did give her the coffee.

When Kenney returned to Colorado around mid-October, Frazee  handed her a pipe said to make sure there wasn’t a lot of blood by hitting Kelsey in the back of her head. Again, Kenney went to the town home, but couldn't go through with it and dropped the pipe back at the ranch. 

Frazee gave Kenney one more chance, asking her if she had a bat and telling her to "swing away." Again Kenney went to Kelsey's home. She said she feared "it was going to be her or me," but Kenney said she drove back to Florissant and told Frazee she couldn't do it. Kenney said Frazee threatened her and said that if anything happened to his daughter, it would be her fault.

Kenney went back to Idaho. Several weeks later, on Thanksgiving Day, she said Frazee called her several times. He told her that she had a mess to clean up.

Kenney changed her shift at work and swapped cars with a friend. Then she drove 12 hours to Colorado, arriving in Florissant about 6:30 a.m. on November 24th.

Kenney arrived in Teller County and said Frazee left the keys to Kelsey's town home on his gate and gave her instructions on what to clean inside the home.

Kenney said she opened the door and "saw a lot of blood" on the living room floor and the walls of the town home. Kenney said she put on a painter's suit and rubber gloves and covered her shoes and hair and started to clean. She said it took four hours to clean the whole place. “I left little spots so that somebody would see it and then it would raise suspicion or question on what happened,” Kenney told the court, adding that she hoped police would find the blood.

When Kenney met up with Frazee, she told him she did the best she could so. He allegedly replies with, “You better hope you did because our lives depend on it.”

Frazee then told Kenney that it was hard to eat Thanksgiving dinner with the mother of your child is in a tote in the back of your truck.

She Frazee then told her how he killed Kelsey. He said that he had brought a baseball bat in under his sweater and tied the other sweater around Berreth’s eyes to play a “guess the scent” game with candles. He told Kenney that he then “swung away” but called the method “inhumane” and said in the future he would stick to “normal weapons.” She said that he told her he brought a tote in from the back of the truck after he killed Kelsey and put the bat inside, then washed his pants and tried to clean up.

Joseph Moore, a longtime friend of Frazee's and a fellow cattle rancher, testified that in April 2018 when referring to Kelsey that Frazee said that, "I figured out a way to kill her." Moore responded to Frazee with, "Don’t even talk about things like that. Get that s**t out of your head." Frazee then grinned and said, "No body, no crime, right?"

During that summer, Moore said, Frazee told him about how he had people spying on and taking pictures of Kelsey, because he wanted custody of Kaylee.

After Kelsey disappeared, Frazee and Moore were talking about Kelsey being missing. Frazee told Moore, “Man, if I had known it would have blown up this big, I never would have —” and didn’t finish sentence.

Caitlin Rogers, a CBI forensic scientist, said her final conclusion on the blood on the side of Kelsey's bath tub , showed that it was a mixture of Kelsey's DNA and Gorney's. And that Kelsey was the main contributor.

The blood sample from the bathroom toilet was from Kelsey. All of the genetic material in the single-source sample was consistent with Kelsey, Rogers said.

Rogers said she analyzed one of two possible tooth fragments, both of which appeared to have come from where Frazee had allegedly burned Kelsey's body. A DNA test detected female human DNA , Rogers said. She tried to develop a DNA profile from the fragment, but there wasn't enough DNA available. The remainder of the tooth was sent to the FBI.

Slater believed something had happened in Kelsey's bathroom and home, but that was it. All they did know was that Kelsey's and Frazee's phones had traveled together around Thanksgiving. And that was Kelsey was missing, as well as her belongings and that her behavior was off. Without Kenney's, Slater didn't know where the case would be without her testimony.

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

In Thursday's testimony, Hoyland said 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.
Jonathyn Priest, a former Denver police officer who now specializes as an expert in blood stain pattern analysis, testified that the blood stains found inside Kelsey's town home matched what he'd expect to find in a case of a bloodied person getting struck repeatedly by a baseball bat. He said the victim in this case could have been hit 10 to 15 times. Bloody footprints discovered around Kelsey's home showed that a person was likely stepping in a "pool of blood" while they walked around.

Prosecutors showed 17 different letters that were exchanged between a former convicted felon and Frazee. In their passed notes, Frazee asked the man to kill witnesses, Kenney, Michelle Stein, John Moore, Wendi Clark and lead CBI Agent Gregg Slater, and described where they live now and what they look like.

In one letter, Frazee wrote he’d “really like to see Kenney with a bullet in her head.”

In another letter, he wrote: “I’m excited if we can pull this off — only thing better would be if Krystal sent someone a text from her phone confessing and telling the truth that I didn’t have anything to do with it at all. Gregg Slater and all five disappear," referencing Kenney's family, including her children and Chad Lee, and Stein.

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