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Colorado Court of Appeals orders former Idaho nurse Krystal Lee Kenney to be resentenced

Judge said they believe the Teller County Court wrongly sentenced
Published: Feb. 19, 2021 at 8:22 AM MST
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COLORADO SPRINGS, Colo. (KKTV)—The Colorado Court of Appeals has thrown out the sentencing for a former Idaho nurse imprisoned in connection with Kelsey Berreth’s murder in Woodland Park.

According to court records obtained by our sister station, Thursday a Colorado judge said they believe the Teller County Court wrongly sentenced Krystal Lee outside of the maximum term limits.

Lee pleaded guilty to tampering with evidence charge, a Class 6 felony and sentenced to three years in prison. According to the court papers filed in the Colorado Court of Appeals, they argue the maximum sentence, without aggravating factors, for a Class 6 felony is 18 months. The papers go on to say Lee says her aggravated sentence is unconstitutional.

In a phone call, Lee’s attorney, Dru Nielsen, told 11 News reporter Ashley Franco “She (Krystal) is serving an unconstitutional and unlawful sentence.”

The 4th Judicial District Attorney’s Office would not comment on the matter Thursday night. The case will be sent back to the Teller County Court to have Lee re-sentenced.

Lee is serving her sentence at the Colorado Women’s Correctional Facility.

She took a plea deal with the District Attorney’s Office in exchange for information on Kelsey Berreth’s death.

Lee told investigators Patrick Frazee had killed his fiance with a baseball bat on Thanksgiving day of 2018.

Read court documents.

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