According toThe Denver Channel Kenney’s attorney is filing a motion to prove there was no aggravation, as a way to minimize her clients prison sentence.
If the crime is found to have an aggravating factor, like it happened inside Berreth’s townhome, Kenney could face a maximum of three years in prison. If not, she faces a reduced maximum of 18 months, though the crime does not carry mandatory prison time.
Dru Nielsen, Kenney’s attorney, indicated she intends to file a motion citing case law to show Kenney’s actions were not aggravated. Judge Scott Sells gave her a two-week window to file, and then gave prosecutors another two weeks after that to respond.
According to the law there are several factors that can be considered aggravating including:
recidivism, lack of remorse, amount of harm to the victim, or committing the crime in front of a child, among many others.
It’s the position of TCRS that there are in fact aggravating circumstances, including but not limited to the fact that a child was involved [Kenney babysat Kaylee], and Kenney’s failure to exhibit reasonable care before, during and after the crime, in terms of her knowledge through the premeditated phase right through to the disposal. In addition, Kenney – once aware of the police investigation – never voluntarily came forward, but waited for the authorities to contact her. Even then, her initial gambit wasn’t full disclosure.
The standout feature of the Frazee case is the extraordinary lengths the convicted murderer went to to get rid of Kelsey’s remains. The standout feature of the Casey Anthony case was whether Caylee was missing, or dead.
No body. No crime.
It was only when Caylee’s skeletonized remains were located that Casey was charged with her murder.
No body. No crime.
Frazee actually said these words to a witness in April 2018, slap bang in the middle of the mainstream media’s ten year anniversary coverage of Casey Anthony.
Day 6 of Patrick Frazee trial. Two K9 handlers that can detect decomposing human scent testified. One dog sniffed at Kelsey Berreth’s home and the other at the Nash Ranch. Both picked up on positive scents. More details on @FOX21News#Frazeetrial
And another law enforcement officer testified that his bloodhound, Lucy, detected decomposing human scent near the trunk of #KelseyBerreth's car at her condo, where #PatrickFrazee's mistress said she set down bags filled w/ blood-stained towels & other items last year.@csgazette
Asked to describe Krystal Lee's personality, her father said: "She likes to please… she was always good at what she tried to do. She likes people. And she likes people who like her. I remember that she was really soft-hearted."@csgazette#KelseyBerreth#PatrickFrazee
All the effort to burn and dispose of the poor woman’s remains, and the cadaver dogs knew all along there were dead remains.
This is significant because #KrystalLee said #PatrickFrazee took the black tote box that allegedly had #KelseyBerreth body in it to the ranch and placed it on top of a hay stack. The cadaver dog located human decomp at the exact place the tote box was. @KKTV11News
So Kelsey’s remains were moved twice. From the condo to the Nash Ranch, and from the Nash Ranch to somewhere else where he burned it – southwest of Cripple Creek.
Specifically, an Elizabeth Police Department officer testified his bloodhound detected the scent of human remains in February at the Nash ranch — the spot where #PatrickFrazee is accused of stashing #KelseyBerreth's body before burning it, southwest of Cripple Creek.@csgazette
When #KrystalLee's dad, a Sam Elliot look-a-like, took the stand, the courtrm was silent. Dusty Lee says when Krystal talked about #PatrickFrazee when they first met "I didn't like what I was hearing." Break for :20. @abc#KelseyBerreth
The breadth of witnesses that we’ve heard from today is interesting. So many people tangentially connected – or not connected at all – to #PatrickFrazee have now become wrapped up in his trial. Teens who worked on his ranch, lady who manages Woodland Park Sonic Drive In, etc
In the video you see #KrystalLee driving a small black car, she pulls into the gas station parking lot and drives off to the side to park. Then #PatrickFrazee truck pulls into same station and up to a gas pump. @KKTV11News
Then you see just #PatrickFrazee truck (#KrystalLee told investigators she got into his truck) it turns out of the parking lot and goes toward Nash Ranch. This is when Krystal says they're retrieving the black box. @KKTV11News
We’ve been walked through multiple searches of #PatrickFrazee ranch. On one of first searches involved multiple FBI evidence teams, ~100 search and rescue personnel and seven cadaver dogs. Didn’t find much, but this is before Kenney told investigators what she knew.
But when #PatrickFrazee's mistress, Krystal Lee, came forward a few days later, she led them to the burn area covered in dirt. It was where Lee prevoiusly testified it was — on a dirt driveway, uphill and in sight of Frazee's house.@csgazette#KelseyBerreth
Under the top layer of dirt, there was a layer of melted black plastic. An FBI agent testified that he smelled ash and smoke while removing the dirt, and he smelled burned plastic when he began removing the plastic. @csgazette#PatrickFrazee#KelseyBerreth
NEW: A tooth was found on #PatrickFrazee's Florissant ranch, at the place where he's accused of burning #KelseyBerreth's body. It was part of the last shovel full of dirt removed from the burn area by Federal Bureau of Investigation special agents.@csgazette
An FBI special agent testified the tooth almost went undiscovered. He told his crew during the Dec. 2018 search that they'd take 1 more shovel full of soil from the burned area to sift, and it was in that dirt that the tooth was found@csgazette#PatrickFrazee#KelseyBerreth
An FBI agent testifies about the extensive excavation into the burn area where #KrystalLee says #patrickFrazee burned #KelseyBerreth's body. On the last shovel, using sifters, they found a human tooth fragment. May have been too small for DNA match. @abc
UPDATE: FBI investigators found a tooth in the dirt near burn area on #PatrickFrazee ranch. Also found that there was a crust of melted plastic on the burn area, as well as an area of dirt moist with a substance. https://t.co/dBpnLlhkBD
Also: FBI found 3 bats inside #PatrickFrazee's Florissant house, all wooden, as well as a wooden club in a pickup truck on the property. There wasn't any testimony this afternoon on whether investigators suspect Frazee used any of those bats to kill #KelseyBerreth.@csgazette
The testimony about the conversation was from Joseph Moore, a longtime friend and fellow rancher who considered #PatrickFrazee like a stepson. He detailed several conversations with Frazee in 2018 that he considered increasingly concerning.#KelseyBerreth@csgazette
NEW: On Dec. 20, 2018 a longtime friend of #PatrickFrazee said the two spoke, and that Frazee was befuddled that news of #KelseyBerreth's dissappeance was making national news. "And he's like man, if I had known it was going to blow up this big, I never would have…"@csgazette
On Dec 20 2018 #PatrickFrazee is talking to the friend saying he doesn’t understand why there so much media coverage on #KelseyBerreth going missing. He said “people go missing all the time.” @KKTV11News
#BREAKING: #PatrickFrazee friend just testified saying Patrick told him "I figured out how to kill Kelsey." Friend told him to stop messing around. Friends says Patrick told him "No body no crime." @KKTV11News
Once we began, Kenney retook the stand. Lead Prosecutor Jennifer Viehman led Kenney through photos of Berreth’s townhome. Kenney used a laser pointer to show every spot she saw blood & the places she cleaned. @KOAA#KelseyBerreth#PatrickFrazee#KrystalKenney
Another interesting thing we saw— prosecutors showed the physical gas can they got from #PatrickFrazee property, which is evidence in the case, to #KrystalLee in court. She says that’s the exact one he used to pour gas on the box with #KelseyBerreth body. @KKTV11News
Lee said #PatrickFrazee also added wood soaked in gasoline into the trough, and poured more gas on it. He then lit it with a match. At one point, the flames were as high as the nearby trees, Lee said, so Frazee covered the fire with what appeared to be metal roofing.@csgazette
Public defender Adam Steigerwald repeatedly questions Lee about if she's aware she could be facing the rest of her life in prison, if she didn't cooperate with investigators and accept a plea deal with up to three years of prison time. @csgazette#PatrickFrazee#KelseyBerreth
Steigerwald also sought to poke holes in Lee's testimony that she left clues at #KelseyBerreth's house and on way back to Idaho. If she wanted to be discovered, he asked, why not contact police before the killing about #PatrickFrazee's previous murder requests?@csgazette
Steigerwald reviewed Lee's testimony from Wednesday and earlier today. "That's the story that you had to tell those agents to get your plea deal, is that right?" "I had to tell them the truth," Lee responded.@csgazette#PatrickFrazee#KelseyBerreth
Think of it – Kenney driving for hours from Idaho with a murder weapon in her vehicle, and murder in heart and mind. Irrespective of what she did or didn’t do, malintent was clearly present.
Steigerwald also focused on the three times that #PatrickFrazee asked her to kill #KelseyBerreth, which Lee backed out of each time. One of those times, Lee drove from Idaho with a baseball bat in her car, which Frazee asked her to use to kill Berreth.@csgazette
"You drove 750 miles with a baseball bat; the purpose of that baseball bat was to to kill #KelseyBerreth?" Steigerwald asked. "It was at Patrick's request," Lee said. "No baseball bats in Teller County?" Steigerwald shot back.@csgazette#PatrickFrazee
Lee was released from the stand, and will face no more questions today. (Lee also has gone by the last name of Kenney in the past). I'll update more after the next round of testimony.@csgazette#KelseyBerreth#PatrickFrazee
UPDATE: Two young men, at least one of them a teenager, testify at the #PatrickFrazee trial that they unwittingly helped cover up a burn area at Frazee's ranch, where prosecutors say #KelseyBerreth's body was burned.@csgazette
The two young men also testified that they helped #PatrickFrazee dispose of a metal trough that prosecutors say Frazee used to burn #KelseyBerreth's body. Frazee never told them anything other than wood and deer or elk antlers were burned in the fire.@csgazette
Call it True Crime Rocket Intuition [TCRI] but I had a feeling Kenney would be called to the stand today. As the prosecution’s star witnesses it makes sense that they would construct their narrative – their entire case – essentially, around her. And so once the FBI’s Kevin Hoyland’s testimony was done [Hoyland did the Phone Data Review in the Chris Watts case], in terms of the phone narrative, it was only logical to assume Kenney would step in and provide her essential piece to the prosecution’s puzzle.
Her testimony, when it came, came after the tea break at about about 11:00 local time on the morning of Trial Day 4.
Expecting explosive day in the #PatrickFrazee trial. Tues, Judge indicated the prosecution is expecting out of town witnesses. Pros narrative : #kelseyberreth thought she & PF were going gp out for a family Thanksgiving, even buying champagne but Frazee had murderous plans. @abc
Once again, the judge in this case has imposed strict guidelines on where reporters can file, so no live tweeting. But I'll try to post updates during breaks in testimony throughout the day.#PatrickFrazee@csgazette#KelseyBerreth
Lee (who no longer goes by last name of Kenney), described blood in all directions in #KelseyBerreth's house — sometimes on the wall higher than she could reach. Bloody footprings tracked in most rooms. And she found a tooth behind a cedar chest.@csgazette#PatrickFrazee
Lee said it took her about four hours to clean #KelseyBerreth's condo. She took from there six garbage bags of curtains, washclothes, child's toys and other items stained with blood that she couldn't clean.@csgazette#PatrickFrazee
"Her mom and that little girl never needed to see what Patrick did to her," Lee said. "And I didnt know he was capable of that. I didn't think he was capable of what happened."#KelseyBerreth#PatrickFrazee@csgazette
Lee met back up with #PatrickFrazee at his Florissant ranch after cleaning #KelseyBerreth's condo. "He asked me if I got it done. I told him the best that I could do. He said 'You better hope you did, because your life depends on it.'"@csgazette
Witness #24, #KrystalKenney, ran out of courtoom sobbing after reiterating #KelseyBerreth's last words: "Please Stop." #patrickfrazee's head was down. After 4-5 hours of grilling, mood in the courtroom was somber. Jury quietly files out Invesgators gather papers. back 845 am.
The records also showed calls between Frazee and his mistress, Krystal Lee Kenney, the beginning Thanksgiving evening and into the next day. Kenney was in Idaho on Thanksgiving Day and began driving to Colorado on Nov. 23.