NOV 23, 2019
Patrick Frazee case: 'Deal with the devil' came at a cost after Kelsey Berreth death
Patrick Frazee is headed to prison for the cold-blooded murder of his fiancee and mother of his daughter, but the mistress who did nothing to prevent it and willingly helped him — allegedly doing “everything but swing the bat” — will get a slap on the wrist.
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“She didn’t deserve this plea deal,” Cheryl Berreth said.
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Despite the controversy, plea agreements — even generous deals — are hardly uncommon in local courts.
What May called “a deal with the devil” happens nearly every day in El Paso and Teller counties, where the vast majority of criminal cases end in negotiated settlements. By holding out the promise of reduced sentences, prosecutors secure convictions, ease crowded dockets and bolster their cases with new evidence obtained through the deals.
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“Sometimes it’s they don’t have anything else and this is their long shot — this is what they got to put all their eggs in this basket for,” said Tracey Eubanks, a Colorado Springs criminal defense attorney. She’s seen clients spared by plea deals, but also sunk by them, as when an alleged accomplice turned state’s evidence and took the stand against them.
But forced cooperation can have mixed results, raising questions about the informer’s motivations and veracity, as evidenced by the withering cross-examinations in the Frazee trial.
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Jurors generally demand evidence to corroborate an informant’s story, Eubanks said.
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That was no different in Cripple Creek.
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Until Lee came forward, investigators testified they had essentially no case against Frazee.
A search of Frazee’s property a few days before Lee’s involvement came up empty. Several dogs trained to discover human remains found nothing. And investigators said they found no evidence of any previous burn pile — past or present — anywhere on the 40-acre ranch.
Investigators found new evidence in all those locations after interviewing Lee, along with discovering a blood stain under floorboards in the living room, fireplace, a baby gate and high on a wall in Berreth's townhouse.
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