Defense names alternate suspect in Kelsey Berreth murder despite missing deadline

From left: Patrick Frazee, Kelsey Berreth, Krystal Lee.
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CRIPPLE CREEK, Colo. (KKTV) - Defense lawyers have named an alternate suspect in the Kelsey Berreth murder case.

Patrick Frazee's attorneys had until 11:59 Monday night to file paperwork accusing someone else of killing Berreth late last year and missed the deadline by more than 12 hours. 11 News has learned Frazee's team filed the motion Tuesday afternoon. We do not yet know if the court will accept the motion.

In the court documents obtained by 11 News, Frazee's team says there is evidence that implicates Krystal Lee in the murder.

Lee, also known as Krystal Kenney, is a nurse from Idaho and a former flame of Frazee's who previously plead guilty to tampering with evidence in the case and moving Berreth's phone. She claimed in an interview with investigators that Frazee approached her about killing Berreth, allegedly suggesting that Lee pose as a new neighbor, become friendly with Berreth, and then give her a poisoned drink. Lee said she introduced herself to Berreth with a fake name but couldn't go through with poisoning her. She alleged Frazee asked her two more times to kill Berreth, once with a metal pipe and once with an aluminum bat. Both times she claims she couldn't do it.

In the motion filed by the defense, the defense said "there may be evidence that other individuals committed or fabricated portions of the crimes alleged against Mr. Frazee," specifically naming Lee.

Though Berreth's remains have yet to be found, law enforcement does not believe she is still alive and arrested Frazee in December on murder charges. Berreth was last seen on Thanksgiving Day in Woodland Park with the child she shared with Frazee.

Frazee's murder trial was set to begin next month. Naming an alternate suspect could push the trial back.

This is a developing story and we will continue to update as we learn more.