Thread by @SamKraemerTV

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

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

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

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

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

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

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

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

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

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

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

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

Viehman now asking Longmire on her case work with the Frazee case. Longmire says she became involved when they received a referral from a confidential party on Dec. 21, the same day he was arrested. @KOAA

#KelseyBerreth #PatrickFrazee

Counsel have approached the bench. Longmire tried not to disclose the information, but the meeting cleared that up. She says the Woodland Park Police Dept. made the referral on Dec. 21. Police met with her that day & brought the couple’s daughter to DHS.

@KOAA #KelseyBerreth

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Asked if she told Frazee of his right not to answer questions due to the ongoing investigation, Longmire says yes. Longmire says they also spoke about Frazee’s relationship with Kelsey Berreth & his upbringing.

@KOAA #KelseyBerreth #PatrickFrazee

Longmire says he spoke briefly about Berreth’s relationship with his family, but didn’t use much detail. She says Frazee told him they split custody. Frazee had the daughter Sunday-Wednesday evening and then exchanged. @KOAA #KelseyBerreth #PatrickFrazee

She says that differed from Berreth’s maternity leave. I didn’t hear exactly how that arrangement was set up.

@KOAA #KelseyBerreth #PatrickFrazee

Viehman asks if she brought up Thanksgiving, when the crime is said to have happened. Longmire says she did with the intent of learning where the daughter was. She says an exposure to violence would be important.

@KOAA #KelseyBerreth #PatrickFrazee

Viehman asks if she knew about the alleged crime & had access to search warrants at that time. Longmire says no.

@KOAA #KelseyBerreth #PatrickFrazee

On Thanksgiving, Longmire says Frazee told her an exchange was set up. She was supposed to send the morning with Berreth & the afternoon with Frazee. It was delayed for various reasons.

@KOAA #KelseyBerreth #PatrickFrazee

Viehman asks if Frazee discusses being with Berreth & the daughter late into the night on Nov. 21. She says yes. They agreed to exchange custody at the post office and talked about their relationship.

@KOAA #KelseyBerreth #PatrickFrazee

Longmire notes Berreth went to get Frazee medicine, so she didn’t get home till 1:30 a.m. or so on Thanksgiving.

@KOAA #KelseyBerreth #PatrickFrazee

Longmire says Frazee said he had his daughter with him Thanksgiving night. On Friday, he says he kept their daughter at Berreth’s request so she could “sort some things out”.

@KOAA #KelseyBerreth #PatrickFrazee

Longmire says Frazee described these conversations in a mix of texting and phone calls. That Sunday (Nov. 25), Longmire says Frazee described efforts to reach Berreth.

@KOAA #KelseyBerreth #PatrickFrazee

Longmire says she remembers Frazee saying it was easier to talk to Berreth in the morning, but she’ll need to check her documentation to verify. They’ll enter another exhibit.

@KOAA #KelseyBerreth #PatrickFrazee

After checking, she says Frazee indicated they talked that morning (Nov. 25), some of which was about their relationship & where it was going.

@KOAA #KelseyBerreth #PatrickFrazee

In her notes, Longmire says Berreth “lost it” in their conversation on Nov. 24. That’s why he wanted to keep their daughter.

@KOAA #KelseyBerreth #PatrickFrazee

Per Longmire’s notes, she says Frazee went & did some work while the couple’s daughter was with him. He said he received a text from Berreth Sunday afternoon saying, “Do you even love me?”

@KOAA #KelseyBerreth #PatrickFrazee

He replied, “Of course I do”, but says he didn’t get a reply back. He says he tried calling her, but those calls went to voicemail.

@KOAA #KelseyBerreth #PatrickFrazee

Viehman asks if Frazee said he was able to contact Berreth between Nov. 25-28. Longmire says he tried but was unsuccessful. She couldn’t say if those were texts or calls.

@KOAA #KelseyBerreth #PatrickFrazee

Longmire says they also spoke about Cheryl Berreth’s call to him, and that was all the meeting focused on.

@KOAA #KelseyBerreth #PatrickFrazee

Viehman asks if she confronted him at all. Longmire says no. She described her demeanor as respectful & engaged. She says she was interested in hearing him talk about their daughter’s life & her relationship with her parents.

@KOAA #KelseyBerreth #PatrickFrazee

Longmire says the daughter’s age (just over 1 at the time) was important to her learning about the daughter’s life.

@KOAA #KelseyBerreth #PatrickFrazee

Viehman asks if Frazee asked questions. Longmire says he asked about the process related to his daughter, and that she tried to answer them as best he could.

@KOAA #KelseyBerreth #PatrickFrazee

Longmire says she never restrained Frazee’s movement. Again, at the start of the meeting, she says she told him she would understand if he didn’t want to answer questions. She said that would’ve been ok.

@KOAA #KelseyBerreth #PatrickFrazee

Asked if she informed Woodland Park Police of her interview, Longmire says no. She says they did not ask her to do that either.

@KOAA #KelseyBerreth #PatrickFrazee

Viehman asks if she limited Frazee to not share any of the paperwork she gave him on Dec. 21. Longmire says no. When asked, she says is not a law enforcement officer & not trained in such interrogation.

@KOAA #KelseyBerreth #PatrickFrazee

Stiegerwald now on cross-examination. He asks if she had Frazee sign a release of information. She says yes — but doesn’t remember which day. @KOAA #KelseyBerreth #PatrickFrazee

He asks what the release was used for in this case. She says it was sent to a number of agencies, including the public defender’s office. Law enforcement (WPPP, TCSO) & the DA’s Office received it too.

@KOAA #KelseyBerreth #PatrickFrazee

Stiegerwald asks if she knew Frazee had a public defender on Dec. 26. She says yes, indicating that’s why she had to wait.

@KOAA #KelseyBerreth #PatrickFrazee

Longmire says Frazee was meeting with a member of Stiegerwald’s office at the time of her original meeting. He asks if she informed Frazee’s attorney of her meeting. Longmire says she did not.

@KOAA #KelseyBerreth #PatrickFrazee

Stiegerwald asks if she followed the list of questions as a script. Longmire says no, she used it as a guide for discussion.

@KOAA #KelseyBerreth #PatrickFrazee

He says some of the questions talk about a history of abuse and neglect. He asks if she asked about that related to his daughter. Longmire says she didn’t ask that verbatim — but did ask about the care for her.

@KOAA #KelseyBerreth #PatrickFrazee

Another question looks at substance abuse. When asked, she says she asked about Frazee & Berreth’s past with that. Longmire says the social information isn’t released to law information/prosecutors, but their assessment is.

@KOAA #KelseyBerreth #PatrickFrazee

Stiegerwald asks if Longmire had specific information from law enforcement to ask about Thanksgiving. He asks if she knew about allegations of child abuse and burning. She says yes.

@KOAA #KelseyBerreth #PatrickFrazee

Stiegerwald asks about Frazee’s appearance. She says he was wearing the inmate jumpsuit without the bulletproof vest. Asked if he was escorted out by a deputy, Longmire says no.

@KOAA #KelseyBerreth #PatrickFrazee

That wraps Stiegerwald’s questions. Viehman now on redirect talking about exhibit she entered of Longmire’s report. She says it’s about 2 pages of. 16-page assessment report, which she’s required to give to the DA’s office & law enforcement.

@KOAA #KelseyBerreth #PatrickFrazee

Viehman referencing the Dec. 27 protective custody hearing. She says that’s when he was appointed an attorney for that case. Viehman asks if the public defender’s office had an attorney for this. Longmire says she isn’t aware of one.

@KOAA #KelseyBerreth #PatrickFrazee

Viehman asks how she knew about Thanksgiving being a critical date, which they attribute to media coverage.

@KOAA #KelseyBerreth #PatrickFrazee

That wraps up questioning of Longmire. Stiegerwald asks the court to suppress that information on the grounds she’s asking incriminating questions, steering the conversation to dates in question.

@KOAA #KelseyBerreth #PatrickFrazee

Stiegerwald says she was aware Frazee was represented by the public defender’s office for the criminal allegations. He says she essentially misled Frazee.

@KOAA #KelseyBerreth #PatrickFrazee

Stiegerwald: In the context of a conversation for the welfare of your child, but asking questions that could be used for or against him, this violated Frazee’s constitutional rights.

@KOAA #KelseyBerreth #PatrickFrazee

Viehman says Frazee was not “in custody” in line with case law. She says him being in jail doesn’t mean he was “in custody” per Miranda laws. The door was open. He wasn’t in handcuffs, she adds.

@KOAA #KelseyBerreth #PatrickFrazee

Viehman: Ms. Longmire is not a law enforcement agent, which means she’s not required to provide Miranda rights. She was just doing her job as a case worker to interview everyone.

@KOAA #KelseyBerreth #PatrickFrazee

Viehman: Her goal at that time was to determine where the couple’s daughter should go. There were competing relatives here... it was incumbent upon Longmire to find the best place for the child.

@KOAA #KelseyBerreth #PatrickFrazee

Viehman: There’s really nothing about these questions that would illicit a criminal response. This wasn’t even an interrogation. His statements were completely voluntary.

@KOAA #KelseyBerreth #PatrickFrazee

Viehman: Longmire never issued an ultimatum to Frazee regarding he questions. It was very friendly, cordial & professional. On those grounds, she’s asking Judge Scott Sells to deny the motion.

@KOAA #KelseyBerreth #PatrickFrazee

Sells says he’ll plan to rule on that by next Friday.

@KOAA #KelseyBerreth #PatrickFrazee

The judge now talking about 404b evidence. The state doesn’t intend to file a response to the defense motion on this.

@KOAA #KelseyBerreth #PatrickFrazee

State says they could see some residual hearsay evidence of Kelsey Berreth during the trial. This is in response to the defense motion for advance notice. Judge asks if 35 days is enough. Stiegerwald says yes unless it’s extraordinary.

@KOAA #KelseyBerreth #PatrickFrazee

Sells says rarely does he grant an order to both parties to release all res gestae evidence. Reed says she could see questioning Krystal Kenney at trial about her relationship with Frazee.

@KOAA #KelseyBerreth #PatrickFrazee

Judge asks if that would be in relation to the solicitation attempts. Reed says yes. Stiegerwald says he thinks they’re entitled to know in advance about testimony she’d provide about her relationship with Frazee.

@KOAA #KelseyBerreth #PatrickFrazee

Judge denies request for the state to file advance notice of res gestae evidence.

@KOAA #KelseyBerreth #PatrickFrazee

Now onto the state’s motion for advance notice of the juror list. Sells says it’s unclear. He read it as requesting juror names & addresses. Reed says they don’t intend to contact any of them (that’d be jury tampering).

@KOAA #KelseyBerreth #PatrickFrazee

Reed says they’d do some investigation based on those names. Judge clarifying if the information is limited to both parties & their staff. Reed says yes.

@KOAA #KelseyBerreth #PatrickFrazee

Stiegerwald says he doesn’t think the addresses would be helpful in any way. He also wants to clarify which staff members could see this info. He doesn’t want May to be able to use law enforcement resources.

@KOAA #KelseyBerreth #PatrickFrazee

Reed says they want to streamline the process in knowing what questions they want to ask. She says that’s why they’d use law enforcement assistance.

@KOAA #KelseyBerreth #PatrickFrazee

Sells says he’d be uncomfortable with local law enforcement running an investigation on someone’s name that pops up in the jury pool, knowing the DA’s Office has the ability to run background check.

@KOAA #KelseyBerreth #PatrickFrazee

Stiegerwald says his office is limited to looking at previous cases within Colorado. He does not want them (potential jurors) to be subject to another investigation. He says police would help the DA but not his office.

@KOAA #KelseyBerreth #PatrickFrazee

Reed says there are other cases where jurors have not disclosed previous criminal behavior, and once that information is discovered, the rulings have been reversed. She says they’re trying to avoid that.

@KOAA #KelseyBerreth #PatrickFrazee

Judge asks if the DA’s Office has investigators. Reed says yes. Judge says he will grant the order that prosecution, defense & court receive a list of the summoned jurors — names only.

@KOAA #KelseyBerreth #PatrickFrazee

Judge is limiting the information to the attorneys, investigators & clerks working this case for both parties. He denies the request to release it to law enforcement, noting privacy concerns for the jurors.

@KOAA #KelseyBerreth #PatrickFrazee

He wants no one, whether directly or indirectly, to contact anyone on the juror list.

@KOAA #KelseyBerreth #PatrickFrazee

Judge grants motion related to cell phone evidence for the three listed numbers related to “self-authenticating documents”. State’s motion for discovery is granted.

@KOAA #KelseyBerreth #PatrickFrazee

Now onto the alternate suspect motion. Reed says they’d request a 35-day deadline ahead of trial for such a defense. Stiegerwald says that would be fine.

@KOAA #KelseyBerreth #PatrickFrazee

Reed, noting that would be close, asks if that could be moved to Sept. 1. Stiegerwald says that seems unrealistic due to thousands of pages of discovery.

@KOAA #KelseyBerreth #PatrickFrazee

Judge says pre-trial readiness on the morning of Oct. 18. He asks if a hearing on the alternate suspect defense could fit there. Reed says they’d need more than 10 days (before trial) for preparation.

@KOAA #KelseyBerreth #PatrickFrazee

Stiegerwald is asking for the 35 days (before trial), which would be around Sept. 20. Judge rules that any alternate suspect defense must be done by Sept. 16, barring new discovery.

@KOAA #KelseyBerreth #PatrickFrazee

Judge asks about the consumptive testing. Viehman says the vast majority of it is done. She says some other evidence was submitted for that.

@KOAA #KelseyBerreth #PatrickFrazee

Judge says he’s going to adjourn this hearing, but meet privately with both parties regarding jury selection & protocol. He says that needs to be done with protection from the public.

@KOAA #KelseyBerreth #PatrickFrazee

And we’re in recess.

@KOAA #KelseyBerreth #PatrickFrazee

We had a quick press conference with DA Dan May before the private jury hearing. One tidbit: He consulted with @COAttnyGeneral on whether to pursue the death penalty. May said the aggravating factor they were considering was “lying in wait”.

@KOAA #KelseyBerreth #PatrickFrazee

May says the state attorney general’s office believed they wouldn’t have a case to prove that, therefore they did not pursue the death penalty.

@KOAA #KelseyBerreth #PatrickFrazee

I’m headed back to Colorado Springs. Be sure to tune into @KOAA tonight for a full breakdown.

@KOAA #KelseyBerreth #PatrickFrazee