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Court continues custody of Kaylee Berreth's 1-year-old daughter to Kelsey's parents

WATCH Court continues custody of...

TELLER COUNTY, Colo. - Update: The court continues to grant the minor child, Kaylee Berreth, temporary physical custody of the maternal grandparents. The case is continued for a pre-trial conference on January 3rd. During the hearing Judge Linda Billings-Vela ordered the maternal grandparents, which are Kelsey's parents, take custody of the baby. However, Patrick's mom, Sheila Frazee, filed a motion to intervene.

 

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After having a hearing Thursday for temporary custody of Patrick Frazee and Kelsey Berreth's only one-year-old daughter, Kaylee, we are learning more about the case.

While KRDO crews are waiting to hear the outcome of the ruling from the judge, we captured a deputy escorting Frazee to a vehicle. 

This is a developing story, we will continue to keep you updated as more information becomes available. 

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Patrick Frazee was arrested Friday on first-degree murder of his fiancee Kelsey Berreth and solicitation of her murder.

Frazee has requested limited media coverage in the case that has gotten the attention of the nation.

The search for her crossed state lines after her phone sent a signal to a cell phone tower in Gooding, Idaho days after she was last seen.

A decision for the 'gag-order' has not been made but 4th Judicial District Judge, Lin Billing Vela, is expected to rule on it on Monday.

The motion, filed by Frazee's public defender's office, is to limit pretrial publicity.

Frazee is being held at the Teller County Jail. His next court appearance is set for New Year's Eve.

A temporary custody hearing for his and Berreth's child is set for Thursday in Cripple Creek. 

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New court documents have been released in the State of Colorado v. Patrick Frazee case. 

Frazee is being denied a request to limit pretrial publicity. He claimed there was "massive pre-indictment and pretrial negative publicity" which would limit his ability to have a fair trial. The district attorney said there was not enough evidence to support this claim. 

In a separate document filed by Frazee's public defender, Frazee also refuses medical/psychiatric care while in custody. 

These are two of several documents posted online. For a full list, click here.  

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Defense attorney Jeremy Loew is no longer representing Patrick Frazee, the Teller County man arrested Friday on suspicion of murdering his fiance', Kelsey Berreth.

Adam Steigerwald, an attorney with the public defender's office, will now represent Frazee.

Loew was expected to release a statement Friday but did not do so, and has been unavailable for comment since releasing a statement last Dec. 14, the day authorities searched Frazee's property in Florissant.

KRDO NewsChannel 13 learned of the change in Frazee's defense by checking online court records.

During an interview on Dec. 13, Loew, who is often interviewed on legal matters, seemed unusually nervous and uncomfortable.  He answered most questions by saying he didn't know, couldn't answer or couldn't talk about the case.

 

Loew said he and Frazee never talked about the suspect's relationship with Berreth, the mother of his 1-year-old girl.

"No, we only talked about how he wants (Kelsey) to be returned and he's focusing on parenting their child," Loew said.

Loew also differed from a statement by authorities' statement last week, in which they said that they had yet to sit down and talk with Frazee.

"We've only been in contact with him through (Loew)," said Woodland Park Police Chief Miles DeYoung.

Loew said investigators did speak with Frazee, and that Loew wasn't present for the interviews.

By bowing out of Frazee's defense, Loew avoids the dilemma of defending a murder suspect in what initially was a missing person's case, without any indication of a murder weapon, the victim's body or a motive.

Lowe reflected on the dilemma during an April 2017 interview about Donthe Lucas, the Pueblo man charged with murdering his ex-girlfriend, Kelsie Schelling, in Feb. 2013.  Lucas was arrested last year on a separate robbery and assault case and is scheduled to be tried for Schelling's murder in April.

"Without something damning, it's difficult to establish enough to make an arrest on murder," Loew said.

Authorities presumably have more evidence to work in with Berreth's murder.


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