Husband to go to trial for wife's 1973 killing

CENTENNIAL – Duane Frye came within a day of a murder trial decades ago, before the case was dismissed. But a judge now says prosecutors have enough evidence to try the 35-year-old case.

Frye is charged with murder in connection with the death of his wife, Betty Frye, on June 9, 1973. She was found bludgeoned to death in the garage of their home in the 6600 block of South Lafayette Street in what is now Centennial. Frye was indicted for murder, but the case fell apart.

The Arapahoe County Cold Case Squad developed new evidence that led to a second indictment in 2006.

Frye's attorneys argued the case should be dismissed due to lack of evidence and the passage of time, which they argued would deny Frye a fair trial.

District Court Judge Valeria Spencer ruled Thursday that prosecutors do have new evidence, namely an alleged confession Frye is said to have made to his now-deceased mother. Spencer also ruled that prosecution can not be avoided simply because decades have passed since the crime. There is no statute of limitations on murder in Colorado.

"I am not going to deny at all that 35 years is a long time," Spencer said. "The court finds while it's been inherently prejudicial due to the passage of time, it has not been intentionally prejudicial."

This is a key distinction. Spencer said Frye would have a good case for dismissal if his defense team had proven prosecutors knowingly delayed prosecution. She says that did not happen.

Following the hearing, Frye's attorney, Gary Lozow said he disagreed with Spencer on every point of her ruling, but "that's what judges are for."

Frye was not present. He is out on bail and in poor health. He listened to the proceeding by phone from his home in Castle Rock.

Several of Betty Frye's nine siblings attended the hearing.

"We never forgot Betty," said her sister, Jean Brickell. "We always hoped she'd have justice."

Another sister, Dolores Groff, said she never believed Duane Frye would ever be brought to trial.

"I'd resigned myself to the fact that we probably would never know," Groff said.

Duane Frye will be arraigned on March 20. He is expected to have a trial within six months, however, it is not likely to begin before the 35th anniversary of the killing in June.