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Patrick Frazee allowed to see arrest affidavit in the case against him

For the third time this week, Patrick Frazee, charged with first-degree murder and solicitation of murder in the disappearance of Kelsey Berreth, appeared in Teller County court.

The man accused of murdering his fiancée in November appeared in Teller County court again on Friday afternoon for a motions hearing. 

Patrick Frazee faces two counts of first-degree murder and three counts of solicitation of first-degree murder in connection with the disappearance of Kelsey Berreth in November. 

RELATED: Kelsey Berreth case: A timeline of events so far

Berreth was last seen on Thanksgiving day and her body has not yet been found, though Woodland Park Police Chief Miles De Young said his department believes Berreth was killed in her home. 

Friday’s hearing was the third time this week Frazee appeared in court, following a hearing Monday and a custody hearing Thursday where the judge decided Berreth’s parents would continue to have physical custody of the couple’s one-year-old daughter. 

RELATED: 1-year-old daughter of Kelsey Berreth, Patrick Frazee to stay in temporary custody of Berreth's parents

During Monday’s hearing, the prosecution made a “bizarre” request, said 9NEWS legal analyst Scott Robinson, to continue to withhold some information from Frazee about what evidence police have that they believe implicates Frazee in the crime.

The district attorney said she would allow Frazee's attorney to review the arrest warrant affidavit, but asked that he not share it or discuss it with Frazee. In Friday's hearing, it was determined that Frazee could now access the arrest affidavit in the case against him. 

“The concerns in terms of why we asked that Mr. Frazee not be able to see the affidavit in the first place – from Monday until today – is that we wanted many leads to be followed up from law enforcement and once those leads were followed up on, we no longer had the concerns about Mr. Frazee seeing the affidavit,” Prosecutor Jennifer Viehman said following the Friday’s hearing.

A judge also agreed Friday to push Frazee's next hearing – originally scheduled for Jan. 29 – to Feb. 19 so that the defense can have more time to prepare their case. 

"The prosecution and the police have a huge head start on the defense, and that is typical," Robinson said. "This is bizarre because the prosecutor is asking the defense lawyer not to share with his client what he learns about the case." 

RELATED: Idaho nurse being investigated for possibly disposing of Kelsey Berreth’s cell phone

On Friday, the parents of Berreth filed a wrongful death lawsuit against Frazee. 

Berreth's parents are also suing for negligence. They say Frazee carried out physical, mental and emotional acts of violence against Berreth.

Prosecutors and police have said that the investigation is still ongoing. 


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