CRIPPLE CREEK, Colo. (KKTV) — Prosecutors filed a motion to see if they could proceed with consumptive testing of a piece of evidence in the case against a Colorado man accused of killing his fiancée.
Patrick Frazee was in court Friday. He is accused of killing Kelsey Berreth who was last seen Thanksgiving Day.
The evidence in question is a tooth. Because the item is so small they can only test it once meaning the defense and prosecution would both have to have an expert present to observe the testing.
The defense was objecting to the Colorado Bureau of Investigation's requirements that an expert has to go through before they’re allowed to observe testing. They objected to having their expert go through a background test and a buccal swab.
Judge Scott A. Sells said because the CBI is a credited testing facility and said they have the right to background checks and buccal swabs to be sure the expert coming into the testing room doesn’t have any prior felonies or doesn’t carry contamination into the testing room.
The Judge ruled in favor of prosecution.
District Attorney Dan May says the defense has two weeks to find and submit their expert because the testing of the tooth needs to be done as soon as possible.
The next court date is Aug. 23.