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Murdered Kelsey Berreth Bombshell! Rodeo queen Krystal Lee Kenney sentence TOSSED! · Crime Stories with Nancy Grace

0:05
Speaker 1: A twenty nine year old new mother goes missing. We
0:10
Speaker 1: now know Kelsey Barrett was murdered in the last hours.
0:15
Speaker 1: A stunning development in the case. The mistress of her
0:20
Speaker 1: long time fiance has had her sentence vacated. What does
0:26
Speaker 1: it all mean? How did the whole thing start? Listen?
0:37
Speaker 1: Thanksgiving is the last known time Kelsey Barrett was seen
0:40
Speaker 1: in public. It was at this Safeway store where she
0:43
Speaker 1: was captured by the store's security cameras. Cheryl Barrett says
0:47
Speaker 1: she spoke with Kelsey by phone that day twice. What
0:51
Speaker 1: did you talk about that day? Oh, it was just
0:53
Speaker 1: small things, And initially she needed a recipe. Based on
0:56
Speaker 1: that conversation, there was nothing to make you believe there
0:59
Speaker 1: is anything wrong exactly. Yeah, her voice was fine, she
1:03
Speaker 1: was Yeah, it was a normal day for her, a
1:06
Speaker 1: recipe for a meal that Kelsey Barrett was cooking that
1:10
Speaker 1: night for her a long time fiance. That fiance patrick frazy.
1:18
Speaker 1: So why would she be cooking a meal for her
1:20
Speaker 1: fiance that not along with their little baby girl and
1:24
Speaker 1: then suddenly just bug out and disappear. She didn't. You
1:29
Speaker 1: were just hearing our friend Joe Fryer at the Today
1:31
Speaker 1: Show take a listen to this. Her brother traveled to
1:34
Speaker 1: Colorado to help find her, posting. After arriving at Kelsey's
1:38
Speaker 1: house and combing through her things, we know one thing
1:41
Speaker 1: is certain. Kelsey did not pack to go anywhere. All
1:44
Speaker 1: luggage is here, her purse is all that seems to
1:47
Speaker 1: have gone. Barrett's cars are still in Colorado, and police
1:51
Speaker 1: tell me they have searched her home for clues and
1:53
Speaker 1: are working closely with her family to learn more about her,
1:56
Speaker 1: including her life on social media and anyone she's been
2:00
Speaker 1: in contact with. You were just hearing our friend Mariah
2:04
Speaker 1: Villereale at CBS News joining me an all star panel
2:07
Speaker 1: to break it down and put it back together again
2:09
Speaker 1: in the last hours. A bombshell in the case of
2:13
Speaker 1: Kelsey Barrett, a beautiful young mom we now know to
2:17
Speaker 1: be dead, even though her body has never been found.
2:21
Speaker 1: With me. Criminal defense attorney renowned who practices throughout the
2:25
Speaker 1: country in federal court, Ken Belkin. Doctor Bethany Marshall, Psychoalence
2:31
Speaker 1: to the Stars, joining us out of la star of
2:33
Speaker 1: a new series, Bling Empire on Netflix, and you can
2:38
Speaker 1: find her at doctor Bethany Marshall dot com. Professor Forensics
2:42
Speaker 1: Jacksonville State University, author of Blood Beneath My Feet on
2:46
Speaker 1: Amazon and star of a new series on True Crime
2:49
Speaker 1: Network Poisonous Liaison's Death investigator Joseph Scott Morgan. But first
2:55
Speaker 1: two special guests joining us from KKTV Eleven Ashley Franco. Ashley,
3:00
Speaker 1: thank you so much for being with us. When the
3:04
Speaker 1: brother first went into the home where Kelsey Barrett lived
3:08
Speaker 1: with her daughter, her little baby girl, of course, the fiance,
3:12
Speaker 1: Patrick Frasie, did not live in the condo with her.
3:16
Speaker 1: He really didn't see anything at all wrong, did he,
3:20
Speaker 1: Ashley right, He went in there and he didn't see
3:23
Speaker 1: a thing out of place, and that was a little
3:26
Speaker 1: bit shocking to them. Obviously, her purse and her keys
3:28
Speaker 1: weren't there, but everything else seemed to be in place.
3:32
Speaker 1: Only now in a retrospect do we realize a horrible
3:37
Speaker 1: and bloody crime scene had gotten the quote woman's touch.
3:43
Speaker 1: Take a listen to a neighbor who could shed light
3:46
Speaker 1: on what helped what happened with Kelsey. Take a listen
3:50
Speaker 1: to our friend Sam Kramer at ko AA. What do
3:53
Speaker 1: you remember seeing Thanksgiving day just up the road here?
3:56
Speaker 1: I looked up there and there was both red pickups
3:59
Speaker 1: up there Thanksgiving Day and that was from about twelve
4:02
Speaker 1: thirty to one. She says she never saw anybody, but
4:05
Speaker 1: the information aligns with what Frasey told police Thereugh his attorney,
4:09
Speaker 1: saying he picked up their daughter sometime Thanksgiving Day. The
4:13
Speaker 1: Safeway surveillance video includes a twelve oh five time stamp,
4:17
Speaker 1: meaning the truck would have arrived shortly thereafter. The other
4:20
Speaker 1: two cars were parked with the vehicles facing the apartment,
4:25
Speaker 1: but his was parked sideways behind them. The neighbor says
4:29
Speaker 1: it's the same chunk she's seen the last two years
4:31
Speaker 1: driven by a man picking up and dropping off of baby.
4:35
Speaker 1: And when I showed her video of Phrasie's truck towed
4:37
Speaker 1: off his property Friday, she says, it looks the same.
4:41
Speaker 1: So now we're understanding Patrick phrase. If Yancey's truck had
4:46
Speaker 1: her Kelsey Barrett basically blocked in like a tea bone
4:49
Speaker 1: in that condo. When I said the condo got the
4:53
Speaker 1: woman's touch, this is what I mean. Take a listen
4:56
Speaker 1: to Jennifer meccles at nineties Denver. Chrystal Lee has to
5:00
Speaker 1: find that she and the defendant, Patrick Frazy had a
5:02
Speaker 1: long and complicated relationship. She said Patrick killed Kelsey, the
5:06
Speaker 1: mother of his child, with a baseball bat, and that
5:08
Speaker 1: Crystal Lee has helped clean up the crime scene. Cristel
5:12
Speaker 1: pleaded guilty to tampering with evidence in this case, and
5:15
Speaker 1: this morning, Cristel told the jury that the terms of
5:17
Speaker 1: her plea deal were for her to tell the truth.
5:20
Speaker 1: She said that has not been easy back when this
5:22
Speaker 1: first started and now as she testifies. But when prosecutors
5:25
Speaker 1: asked her why she decided to tell the truth, Cristel
5:28
Speaker 1: answered this quote, I couldn't have lived with what I knew,
5:31
Speaker 1: and Kelsey's family deserves to know what happened. Straight out
5:35
Speaker 1: to Ashley Franco KKTV eleven News, Colorado Springs. Ashley, what
5:41
Speaker 1: now do we know happened in kelsey barris condo with
5:46
Speaker 1: her baby nearby? Well, we were told that Thanksgiving Day
5:50
Speaker 1: that Patrick Frazy had gone in and blindfolded Kelsey, had
5:56
Speaker 1: candles sitting out, that we're all lit as some sort
5:59
Speaker 1: of a game, perhaps to maybe spice up their romance life.
6:03
Speaker 1: And we were told by Chrystal Lee that Patrick Crazy
6:07
Speaker 1: killed Kelsey with a baseball bat and beat her multiple
6:10
Speaker 1: times with their one year old sitting in the room
6:13
Speaker 1: right next door. So let me understand this. Ashley Franco KKTV,
6:19
Speaker 1: the mistress. I believe it's a rodeo queen. Crystal Kenny,
6:27
Speaker 1: single mom. She learns from her boyfriend, her lover, Patrick Frazy,
6:33
Speaker 1: who was engaged Kelsey Barrett, the mother of his daughter,
6:38
Speaker 1: that he Patrick Frazy convinces Kelsey so Thanksgiving, when she's
6:44
Speaker 1: in the middle of cooking dinner for him to let
6:47
Speaker 1: herself be blindfolded to smell different candles, and while she's blindfolded,
6:53
Speaker 1: he beats her in the head with a baseball bat.
6:55
Speaker 1: Is that right? That's correct? Yes, take a listen to
6:59
Speaker 1: ABC Denver seven. Prosecutors say Phrasie blindfolded Kelsey to smell
7:04
Speaker 1: candles and guess the scent and then beat her to
7:07
Speaker 1: death with a baseball bat and burned her body. Prosecutors
7:10
Speaker 1: told the jury this is a case of a cold,
7:12
Speaker 1: calculated manipulator, and while showing a photo of Frasey called
7:16
Speaker 1: him the face of a killer. We learned the trial
7:18
Speaker 1: hinges on cell phone records, trace amounts of blood, evidence
7:21
Speaker 1: and testimony from Idaho nurse Crystal Lee Kenny without a body.
7:25
Speaker 1: Crystal is the state's star witness. She told investigators she
7:28
Speaker 1: tried to kill Kelsey three times at Patrick's request, but
7:31
Speaker 1: couldn't go through with it. She says that's when Frasey
7:33
Speaker 1: took matters into his own hands, and she drove down
7:35
Speaker 1: from Idaho to clean up a bloody mess in Kelsey's apartment.
7:39
Speaker 1: Dodger Bethany Marshall, what person in their right mind would
7:46
Speaker 1: drive from out of state to come clean up a
7:50
Speaker 1: bloody martyr, saying, Nancy, I don't even know where to
7:54
Speaker 1: begin with this. I mean, the easy answer would be
7:58
Speaker 1: hate was brainwash, bite him, she would love sick. But
8:02
Speaker 1: I don't think that's true. I think that she had
8:05
Speaker 1: as much secret and malice sports the victims as her
8:11
Speaker 1: boyfriend did. They both hated this one together. And why
8:15
Speaker 1: the victim was beautiful, She had a child, she had
8:19
Speaker 1: her whole life ahead her, you know, Nancy, Sometimes envy
8:23
Speaker 1: plays such a primary role in these kinds of crimes,
8:28
Speaker 1: when one woman sees another who seemingly had it all
8:32
Speaker 1: and they just want to blot that woman off the
8:36
Speaker 1: face of the earth because they cannot stand at that
8:38
Speaker 1: person's around. That's the only thing I can think of. Otherwise,
8:42
Speaker 1: why would a woman seen up a bloody crime scene.
8:47
Speaker 1: I mean, as part of that, Chelsea's tooth was found.
8:54
Speaker 1: He beat her so badly about the face of the
8:57
Speaker 1: head with a baseball bat. Why else is blindfold with
9:01
Speaker 1: the baby in the next room. Her teeth flew out
9:04
Speaker 1: of her head, and this woman, Crystal Kenny, leaves her
9:10
Speaker 1: own family to come clean up the crime scene. I mean,
9:14
Speaker 1: Ken Belkin, you're the famous criminal defense attorney. Explain to
9:19
Speaker 1: me how in the world you would explain that away
9:22
Speaker 1: to a jury. And now in the last hours we
9:25
Speaker 1: understand Ashley Franco KKTV, is it true that Crystal Kenny,
9:32
Speaker 1: the rodeo queen that cleaned up a crime scene, backed
9:36
Speaker 1: out of her deal? Right? Colorado Court of Appeals has
9:39
Speaker 1: ruled that they would like her sentence to be vacated
9:42
Speaker 1: and have her possibly resentence crime stories with Nancy Grace. Guys,
9:55
Speaker 1: we are talking about the brutal murder of a twenty
9:59
Speaker 1: nine year old mother of one. She was no edge
10:02
Speaker 1: at guys, As I recall Ashley Franco, she had a
10:05
Speaker 1: great job, she was a trained pilot. She bought her
10:10
Speaker 1: condo all on her own, no help from the fiance.
10:14
Speaker 1: I might add and was raising her child on her
10:17
Speaker 1: own and doing a really good job at it. So
10:22
Speaker 1: explain to me, ken Belkin, what you could possibly say
10:26
Speaker 1: to defend the mistress Crystal Kenney, who literally is a
10:32
Speaker 1: rodeo pageant queen who three times says she backed out
10:39
Speaker 1: of killing Kelsey. She knew Kelsey was going to be killed.
10:43
Speaker 1: She could have saved her life, but she didn't. Well,
10:47
Speaker 1: she was obviously operating under extreme arrest at the beast
10:52
Speaker 1: of her lover at the time. And you know clearly
10:55
Speaker 1: she loved this one. And Kim Belkin objection, dear s,
11:03
Speaker 1: in other words, coercion. Isn't it true that under the
11:08
Speaker 1: law for you to claim coercion as a defense, in
11:12
Speaker 1: other words, you admit you did it, but you were
11:15
Speaker 1: coerced forced to do it, you have to be in
11:18
Speaker 1: fear of your own life or the life of another
11:21
Speaker 1: at the moment you act. Isn't that true, Ken Belkin? Well,
11:25
Speaker 1: you could argue that maybe she was if her lover
11:27
Speaker 1: was going to she was in a different state, she
11:29
Speaker 1: was in Idaho. How could she be a phrase she's
11:32
Speaker 1: about to take a bullet to the head. She was
11:34
Speaker 1: nowhere near the defendant, or she was certainly operating under
11:38
Speaker 1: some form of diminished capacity. Oh, I see, your defense
11:41
Speaker 1: is shifting. It was coercion. But since I am explained
11:46
Speaker 1: the law of coercion, now it's what did you say
11:50
Speaker 1: mental Did you say mental defense? Oh? Yeah, So she
11:54
Speaker 1: was insane for the moments that she drove to Idaho,
11:57
Speaker 1: cleaned up the crime scene, and then went home. And oh,
11:59
Speaker 1: by the way, remember to get rid of Kelsey's cell
12:03
Speaker 1: phone along the way. Diminish capacity. And as soon as
12:05
Speaker 1: you got back home, she came to well, certainly not
12:08
Speaker 1: the actions of the same person, right, Nancy. Look, listen,
12:13
Speaker 1: Kim Belkin. You're a great lawyer. You've got a great reputation.
12:17
Speaker 1: You practice some federal courts all around the country, and
12:21
Speaker 1: I know I'm putting you on the hot seat where
12:24
Speaker 1: there's really not a good defense in guys. That's why,
12:28
Speaker 1: even though I would never do it myself, that's why
12:29
Speaker 1: it must be hard to be a defense lawyer, because
12:31
Speaker 1: you're stuck with these horrible facts and somehow you've got
12:35
Speaker 1: to make a silk purse out of a sal's ear.
12:38
Speaker 1: That's what it boils down to sometimes. So how in
12:41
Speaker 1: the hey, before I circle back to beat up poor
12:44
Speaker 1: Kim Belkin for a moment, Ashley Franco, what do you
12:47
Speaker 1: mean the Rodeo queen sentence has been vacated? So the
12:54
Speaker 1: Colorado Court of Appeals. Her attorney went to the Colorado
12:58
Speaker 1: Court of Appeals and said, you think that they illegally
13:02
Speaker 1: sentenced our client? And the Colorado Court of Appeal said,
13:05
Speaker 1: after reviewing everything, we believe that the district court erroneously
13:09
Speaker 1: sentenced to Kenny outside of the maximum term. And so
13:13
Speaker 1: we're vakating down a little bit, just a little bit.
13:18
Speaker 1: What So they said that they believe the district court
13:23
Speaker 1: erroneously sentenced Kenny outside of the maximum term, and they
13:28
Speaker 1: want her sentenced to be vacated and they want her
13:31
Speaker 1: to be resentenced. Well, didn't her defense attorney go along? Right?
13:36
Speaker 1: So the defense attorney went along with the plea and
13:39
Speaker 1: after sentencing just file this complaint that they sentenced her wrong.
13:46
Speaker 1: But according to the defense attorney and I just talked
13:49
Speaker 1: to where she was given the plea paperwork late at
13:53
Speaker 1: night and then the next morning, they just went along
13:55
Speaker 1: with with everything. So that was the attorney just quote
14:00
Speaker 1: went along right. There was nothing in court to you know,
14:06
Speaker 1: object the plea agreement. I was sitting right there in court.
14:09
Speaker 1: There was nothing at the time that anyone had a
14:12
Speaker 1: problem with. So what was the sentence, Ashley Franco, This
14:15
Speaker 1: woman who has known about the murder plot for a
14:19
Speaker 1: long time, backed out of murdering Kelsey herself three times,
14:24
Speaker 1: went and cleaned up a bloody crime, saying hid evidence
14:27
Speaker 1: from police, lied about it. What was her sentence? She
14:33
Speaker 1: would sentence to three years in prison as she pleaded
14:35
Speaker 1: guilty to a tampering with evidence charge in exchange for
14:39
Speaker 1: information about Kelsey's death. So if you are convicted of tampering,
14:46
Speaker 1: what is the appropriate sentence Ashley? In Colorado? The maximum
14:50
Speaker 1: sentence is eighteen months. How many charges did she have
14:55
Speaker 1: of tampering? She pled guilty to just one charge of
14:57
Speaker 1: tampering with evidence? How many was she charged? How many
15:02
Speaker 1: counts does she charged with? They didn't. They didn't give
15:06
Speaker 1: her anything else but that one charge. In the DA's
15:09
Speaker 1: office said only had said on one occasion that she
15:12
Speaker 1: could be charged with several charges of tampering with evidence.
15:16
Speaker 1: Did never give a number, but that's what that's what
15:18
Speaker 1: he had said. Okay, Ken Belkin, criminal defense attorney, you
15:23
Speaker 1: got me over a Barrel. I know when something's wrong,
15:29
Speaker 1: and this plea deal is wrong. You can't sentence somebody
15:33
Speaker 1: to a term greater than is allowed by the law.
15:37
Speaker 1: It was the prosecutor's decision to let her plead guilty
15:41
Speaker 1: on a much lesser charged. I think she should have
15:43
Speaker 1: been charged with conspiracy to commit murder myself. But according
15:48
Speaker 1: to Ashley Franco, they led her plead guilty to one
15:51
Speaker 1: tampering with evidence charge. The only sentence for that maximum
15:56
Speaker 1: eighteen months, according to Ashley Franco, and they sentence her
15:59
Speaker 1: to three years. Oh look, this is the basic Okay. Here,
16:05
Speaker 1: a conviction comes in two parts, the plea and the sentence.
16:09
Speaker 1: If it's a plea deal, that's up to the DA's
16:11
Speaker 1: office the prostitutor to offer a deal, but it is
16:14
Speaker 1: up to the judge to sentence the individual. And in
16:18
Speaker 1: every plea deal, the the plea deal is given in
16:21
Speaker 1: consideration of a court commitment to a certain sentence. Now Here,
16:25
Speaker 1: the maximum sentence on this particular charge was eighteen months,
16:29
Speaker 1: but in certain circumstances where there are aggravating factors, you
16:34
Speaker 1: could be sentenced to up to three years on this charge. Now,
16:38
Speaker 1: she took the pretty one day and it was a
16:40
Speaker 1: journe for sentensing, and on the sentencing date, the judge
16:43
Speaker 1: felt that there were aggravating factors and sentenced her to
16:46
Speaker 1: three years. But you can't do that. There's Supreme Court
16:51
Speaker 1: precedent that says you cannot sentence someone on aggravating factors
16:55
Speaker 1: on a plea deal unless those aggravating factors are are
17:00
Speaker 1: proven beyond a reasonable doubt to the trier of fact,
17:03
Speaker 1: which would mean a jury. And they were not in
17:05
Speaker 1: this case. So the court was wrong in sentencing her,
17:09
Speaker 1: and not only that. Kim Belkan criminal defense attorney. You
17:12
Speaker 1: can find him at Belkin law dot com. Those aggravating
17:16
Speaker 1: circumstances must be enunciated by the court or by the
17:20
Speaker 1: prosecution in the charges, similar to can when the state
17:27
Speaker 1: decides to seek the death penalty in a murder case
17:30
Speaker 1: in every jurisdiction in our great and wonderful country, to
17:35
Speaker 1: seek the death penalty, you must very specifically lay out
17:39
Speaker 1: aggravating circumstances on which you are relying to seek the
17:44
Speaker 1: death penalty. Why is this murder different from every other murder?
17:48
Speaker 1: Why is this person being singled out for the death
17:50
Speaker 1: penalty when that person is not you must enunciate it clearly,
17:54
Speaker 1: and then in front of a jury you must prove
17:57
Speaker 1: those specific aggravated circumstances. That was not done here. So,
18:05
Speaker 1: after all this investigation, after the months and months of
18:10
Speaker 1: hard work by detectives, we have Crystal Kenny, Rodeo Queen,
18:15
Speaker 1: thirty three years old. Sentence is thrown out right out
18:22
Speaker 1: the window. Can you imagine how Kelsey Barres's family is
18:28
Speaker 1: feeling today? Crime Stories with Nancy Grace, Guys, we were
18:43
Speaker 1: talking about the death, the murder of a young mom.
18:46
Speaker 1: Her daughter will be raised, never having Mommy knowing that
18:50
Speaker 1: she the daughter sat in the next room was a
18:54
Speaker 1: baby as her mother was brutally murdered. And then in
18:58
Speaker 1: flounces the mistress, the Rodeo queane to clean up the mass,
19:04
Speaker 1: and boy did she clean it up well. But people
19:07
Speaker 1: came into the home, they thought it looked neat and undisturbed.
19:10
Speaker 1: They had no idea it had what's been sprayed with
19:15
Speaker 1: Kelsey's blood. Take a listen to this, holding back tears,
19:21
Speaker 1: she detailed a long relationship with Patrick Frazie, at one
19:25
Speaker 1: point getting pregnant by him. I guess you are a
19:28
Speaker 1: baby killer or not? She claimed, Frazie told her. Lee
19:32
Speaker 1: said she then got an abortion and prepared divorce papers
19:36
Speaker 1: in order to be with Frasie. Later, she learned he
19:40
Speaker 1: already had a daughter with another woman, Kelsey Beareth. Lee
19:45
Speaker 1: said that Frasie claimed that daughter was being abused by Beareth.
19:50
Speaker 1: He wanted her not to be a problem anymore. He
19:53
Speaker 1: wanted her dead. Lee told the court Frasie had her
19:56
Speaker 1: bring a poisoned Starbucks drink to Beareth, but she didn't
20:00
Speaker 1: taint the drink. Next, Lee said, Frazy wanted her to
20:04
Speaker 1: kill Barrett using a pipe, then another time with the bat,
20:08
Speaker 1: but each time she backed out. And now this woman
20:13
Speaker 1: has somehow slithered out of a three year sentence behind
20:18
Speaker 1: bars after all that. What I don't understand, Ashley Franco
20:22
Speaker 1: joining me KKTV eleven. Actually, you've been on the case
20:25
Speaker 1: from the very beginning, you've been in court. Why they
20:28
Speaker 1: gave her such a sweet They'll just start with right
20:30
Speaker 1: when you talked to the Districh attorney about this multiple times,
20:33
Speaker 1: and you'll hear him say after Patrick Crazy sentence that
20:35
Speaker 1: they made a deal with the devil, but they had
20:39
Speaker 1: to get information on Kelsey Barrett's death and her at
20:43
Speaker 1: that time disappearance. They had no idea what had happened
20:46
Speaker 1: to her until Crystal Lee Kenny had come forward and
20:50
Speaker 1: put out this whole story, this whole matter plan by
20:53
Speaker 1: Patrick crazy. They needed all of her facts in order
20:59
Speaker 1: to put Patrick away for life, and that was the
21:01
Speaker 1: only way she was the only way they could do that.
21:04
Speaker 1: M I don't know about that. True. Sometimes, Ashley Franco,
21:11
Speaker 1: you got to go to hell to get the witness
21:14
Speaker 1: to put the devil in jail. But I don't know
21:18
Speaker 1: if it was that easy in this case. Let's go
21:20
Speaker 1: to forensics expert Joseph Scott Morgan, what did we learn
21:26
Speaker 1: at the crime saying Joe Scott, Oh my god. Okay,
21:32
Speaker 1: let me break this down for you. People are familiar
21:34
Speaker 1: with I'm masked. Okay, poor Jack can hardly take it
21:40
Speaker 1: in go. People are familiar with a reagent that we
21:46
Speaker 1: use in forensic science called luminol. Luminal is a very
21:49
Speaker 1: old substance. But everybody knows about luminal. Well, it's a
21:54
Speaker 1: reagent that actually and that lights up blood. There iron
22:02
Speaker 1: in our blood. Well, now there's a newer reagent that's
22:05
Speaker 1: based on the same molecule called blue star. Well, they
22:07
Speaker 1: applied blue Star in Kelsey's apartment, Nancy, and it is
22:11
Speaker 1: mind blowing what they found because, as you stated earlier,
22:14
Speaker 1: they walked in, it looked like Circle suite. You know,
22:16
Speaker 1: it was Christine, It was clean. But Nancy, I'm just
22:19
Speaker 1: reading over this right now. They found They found blood
22:23
Speaker 1: around the base of the toilet. They found it on
22:26
Speaker 1: the walls, they found it, they found it in the tub,
22:30
Speaker 1: they found it on the sink, they found it everywhere
22:34
Speaker 1: after applying this blue Star reagent. Even the mother, Kelsey's
22:37
Speaker 1: mother come in and said, you know what's missing out
22:39
Speaker 1: of the photograph. The rug that used to surround the toilet.
22:43
Speaker 1: It's gone. It's completely gone. It's been done away with
22:47
Speaker 1: because she always kept a rug in the bathroom, you know,
22:50
Speaker 1: blood out Alley, Wait a minute, My point is we
22:56
Speaker 1: didn't need the Rodeo Queen. Remember Joe Scott Morgan and
23:00
Speaker 1: the recent Connecticut Missing Mama five. There was such a
23:04
Speaker 1: vast quantity of blood found at the crime scene. Of course,
23:07
Speaker 1: there had been a primitive cleanup that a medical examiner
23:12
Speaker 1: would testify there was so much a blood the person
23:16
Speaker 1: Jennifer had to be dead because of so much blood
23:20
Speaker 1: had been seeped out of her body. Same thing here.
23:24
Speaker 1: I don't need the Rodeo Queen to tell me what happened.
23:27
Speaker 1: I can look at the crime scene findings by forensics,
23:31
Speaker 1: and I know Kelsey Barth is dead because of the
23:34
Speaker 1: quantity of blood and the clean up. Somebody came in
23:39
Speaker 1: after all that blood and cleaned it up. And I
23:42
Speaker 1: know who was there. The neighbor tells me Patrick Frazie
23:47
Speaker 1: was there, and cell phone records tell me the Rodeo Queen,
23:52
Speaker 1: mistress Crystal Kenney, came from Idaho to that location that day.
24:00
Speaker 1: Why do I need her testimony? I would put those
24:04
Speaker 1: two wet cats in a barrel, try him at the
24:06
Speaker 1: same time and see what the jury said. We didn't
24:09
Speaker 1: need her to start with. Joe Scott finished showing me
24:12
Speaker 1: about the crime scene. All of this could have been
24:14
Speaker 1: evidence in a trial against the Rodeo Queen, but no,
24:17
Speaker 1: they take the easy way out and got a plea
24:20
Speaker 1: go ahead. Yeah they did. And I think you know,
24:23
Speaker 1: as as was mentioned just a few moments ago by
24:26
Speaker 1: a reporter, the uh, they did need this key because
24:30
Speaker 1: right now we don't have a body. Well, we do
24:32
Speaker 1: have is a lot of blood at the sea they
24:36
Speaker 1: could manage that blood to Kelsey Barns. They're trying to
24:41
Speaker 1: you know, at the end of the day, unlike the
24:43
Speaker 1: case that you previously mentioned up in yes right, miss Dulos,
24:49
Speaker 1: we didn't have a body with that. There is a body.
24:51
Speaker 1: There's Kelsey's body and let me Kelsey's body. Well, we
24:55
Speaker 1: do in a manner because this is kind of reflected
24:58
Speaker 1: in what they believe happened. According to that the blood
25:01
Speaker 1: all over the stuffed animals. Animals were covered in blood.
25:07
Speaker 1: Kelsey is dead. With all that blood, we can establish that,
25:11
Speaker 1: and we know who was with her last Bam, go ahead.
25:15
Speaker 1: And there's evidence that cleaning supplies were used. We had
25:19
Speaker 1: blood that was present on bleach bottles and also on
25:22
Speaker 1: a swiffer, you know, a wet mop. But what we
25:26
Speaker 1: came to find out through you know what the police
25:29
Speaker 1: have put together Kelsey's body and this gives you an
25:31
Speaker 1: idea how small she is. Allegedly, well not allegedly now known.
25:37
Speaker 1: She was placed into a black nylon toade taken to
25:42
Speaker 1: this person's ranch and he used a tractor to actually
25:47
Speaker 1: put her body in the toad on top of a
25:49
Speaker 1: bail of hay to kind of store it until he
25:51
Speaker 1: could decide what he wanted to do with it. And
25:53
Speaker 1: at the end of the day he took all those items.
25:55
Speaker 1: I remember we were talking about the missing missing items
25:58
Speaker 1: that she that were kind of connected to her. Everything
26:02
Speaker 1: went into a hundred gallon allegedly hundred gallon horse trough
26:07
Speaker 1: and there was a mix, a mixed nancy of accelerance
26:11
Speaker 1: things like motor oil, gasoline, diesel, all this stuff and
26:14
Speaker 1: everything was set on fire at that moment time to
26:17
Speaker 1: make her essentially vanished, go into thin air. And I'd
26:21
Speaker 1: like to point out and correct me if I'm wrong,
26:23
Speaker 1: ask you Franco actually joining us from KKDB. Eleven witnesses
26:28
Speaker 1: saw Patrick Frazy the kill our fiance, guarding over a
26:35
Speaker 1: huge fire on his property in the days that followed
26:40
Speaker 1: Keltzy's a murder? Isn't that true? Yes, that's absolutely true.
26:44
Speaker 1: There were several neighbors who said that they saw that fire.
26:46
Speaker 1: And Nancy, if I can just interject, go ahead one
26:49
Speaker 1: more Yeah, and you and I have covered so many
26:52
Speaker 1: of these cases where people would attempt to use heat
26:55
Speaker 1: in order to dispose of bodies. One thing that the
26:58
Speaker 1: public might not understand, and this is not something where
27:01
Speaker 1: you can just apply gasoline and the body just vanishes.
27:05
Speaker 1: Just as was just spoken. It requires tending. It requires
27:09
Speaker 1: kind of a constant fueling in order to make a
27:12
Speaker 1: body eventually rendered down and still at some point in time.
27:16
Speaker 1: You might if you do a thorough search of the scene,
27:18
Speaker 1: find things like chips of bone. But it's a very,
27:21
Speaker 1: very labor intensive task in order to facilitate that, And
27:25
Speaker 1: that's what Phrasy was about at the scene tendingness fire
27:39
Speaker 1: climb stories with Nancy Grace Guys in the last hours.
27:45
Speaker 1: A stunning below to the victims family and for the
27:49
Speaker 1: state in the death of twenty nine year old mom
27:52
Speaker 1: of one Kelsey Barret, who's brutally murdered by her killer fiance,
27:56
Speaker 1: Patrick Frazy. His mistress, who part in the cleanup and
28:01
Speaker 1: the planning of the murder, got a sweetheart deal just
28:04
Speaker 1: three years for tampering with evidence. And guess what she
28:09
Speaker 1: tricked the state. She has now vacated that sentence and
28:14
Speaker 1: she'll serve even less time for those of you just
28:18
Speaker 1: joining us to actually Franco bring us up to date
28:21
Speaker 1: with the vacated sentence of Rodeo Queen Crystal Kenney. So
28:25
Speaker 1: just recently in Colorado Corn of Appeals had ruled that
28:30
Speaker 1: the district court erroneously sentenced Kenny outside of the maximum term,
28:35
Speaker 1: and they decided that they wanted her sentence to be
28:39
Speaker 1: thrown out and they wanted the Tyler County judge to
28:42
Speaker 1: resentence her, so the max would be eighteen months. I
28:46
Speaker 1: guess Ken Belkin with me, a veteran trial lawyer criminal
28:50
Speaker 1: defense attorney joining us. You can find him at Belkin
28:53
Speaker 1: Law dot com. Ken, based on the forensics evidence and
28:59
Speaker 1: there is more, by the way, which I'm sure you're
29:01
Speaker 1: familiar with, I believe the state could have proven this
29:05
Speaker 1: case and tried both of them for murder. What do
29:10
Speaker 1: you think? I mean? I think they could have prosecuted
29:14
Speaker 1: them for it. But the fact of the matter is
29:16
Speaker 1: most of that evidence is circumstantial, and what they really
29:19
Speaker 1: needed with some direct evidence, and that is what Miss
29:22
Speaker 1: Kenny's testimony provided, well, direct evidence. Let me ask you
29:27
Speaker 1: a question, Ken, because what I learned getting my JD
29:31
Speaker 1: at Mercer and my LLM and criminal constitutional law at
29:35
Speaker 1: NYU and practicing criminal law my entire career is that
29:40
Speaker 1: the judge actually instructs the jury verbatim from the law
29:46
Speaker 1: that circumstantial evidence has an equal weight as direct evidence.
29:52
Speaker 1: Isn't that true? Of course, because the way you said it,
29:56
Speaker 1: it could mislead a listener to thing that somehow, quote,
30:00
Speaker 1: just a circumstantial case is somehow inferior to a case
30:04
Speaker 1: that has direct evidence. But that's certainly not true, is it.
30:07
Speaker 1: But you know as a prosecutor that a defense attorney
30:10
Speaker 1: is going to jump all over a case that's only
30:12
Speaker 1: brought the circumstantial evidence, going to jump every any case, Milkin,
30:17
Speaker 1: that's a good defense attorney mill anyway. But you know
30:20
Speaker 1: that testimony really is the nail in the coffin that
30:24
Speaker 1: gets them to that conviction. But Ken, based on the
30:27
Speaker 1: forensics alone and the fact that three times she Crystal
30:33
Speaker 1: Kenny agree to kill Kelsey Barrett and then threw away
30:38
Speaker 1: Kelsey's cell phone, made it look as if Kelsey had
30:42
Speaker 1: traveled out of state to get away from her responsibilities,
30:46
Speaker 1: cleaned up a crime scene, destroyed evidence, and stood by
30:50
Speaker 1: while Phrasie burned evidence. It's so obvious to me she
30:56
Speaker 1: should have been tried for murder along with Patrick frazy
31:00
Speaker 1: Well that they certainly could have tried her, but you
31:02
Speaker 1: know they really wanted that testimony from her, that direct evidence,
31:06
Speaker 1: and also in light of the fact that she had
31:08
Speaker 1: no criminal record, they probably wanted to show her some
31:11
Speaker 1: mercy and give her an easy way out or an
31:13
Speaker 1: easier way out than what she would have faced had
31:16
Speaker 1: she have gone to trial earlier. Guys, you heard our
31:19
Speaker 1: ABC Denver seven and Denver CBS four. Now take a
31:23
Speaker 1: listen to Rick Salinger or CBS four. Crystal Lee, the
31:27
Speaker 1: other party to this love triangle, testified this week that
31:31
Speaker 1: Patrick Frasey admitted killing Barrett with a baseball bat. Law
31:36
Speaker 1: enforcement agents searched phrases florescent grant several times and found
31:41
Speaker 1: three wooden baseball bats. They also located part of a tooth.
31:46
Speaker 1: It was beneath some plastic but over a spot where
31:49
Speaker 1: Crystal Lee said she believed Barrett's body was burned. And
31:54
Speaker 1: take a listen to what else Crystal Kenny had to
31:57
Speaker 1: say in court. Here's our friends at KdV. Just a
32:00
Speaker 1: few moments after Crystal Lee continued her second day of testimony,
32:04
Speaker 1: she began to cry. She had been handed several photographs
32:08
Speaker 1: of Kelsey Barrett's condo, which she had cleaned. Lee went
32:11
Speaker 1: on to say, I saw blood all over the floor
32:14
Speaker 1: and all over the wall, her belongings were covered in blood.
32:18
Speaker 1: More tears began rolling down her face when Kelsey Barrett's
32:21
Speaker 1: baby girl, Kayley, appeared on a large screen above the
32:25
Speaker 1: jury box, and when she was asked to describe a
32:27
Speaker 1: couch she had wiped down, She said today Phrasie told
32:31
Speaker 1: her to text from Barrett's phone after she was dead,
32:34
Speaker 1: saying he wanted to make it look like she was
32:36
Speaker 1: still alive. Lee told the court today that she was
32:40
Speaker 1: present when he started the fire in which Barrett's body
32:43
Speaker 1: was burned. Phrasie's attorney pointed out that Lee had not
32:46
Speaker 1: told the truth until a plea agreement was made. He said,
32:51
Speaker 1: that's a story you had to tell agents to get
32:53
Speaker 1: your plea deal. Lee said, I had to tell them
32:56
Speaker 1: the truth. The reality is is that everything that Crystal
33:01
Speaker 1: Kinney did divulge it was corroborated by evidence straight out
33:05
Speaker 1: to doctor Bethany Marshall, psychoanalist joining us out of la
33:09
Speaker 1: You can find her at doctor Bethany Marshall dot com.
33:11
Speaker 1: How bad is this for Kelsey Barris family to have
33:18
Speaker 1: Crystal Kenney's sentence light as it was vacated? Bad? Nancy Bad.
33:26
Speaker 1: I'm listening to all of this. I'm listening to the
33:28
Speaker 1: panel and I almost can't believe my mind. I mean,
33:32
Speaker 1: the defense attorney is talking about, oh did she have
33:35
Speaker 1: you know, a prior record and you know the fact
33:38
Speaker 1: that you know, something came up trial that now the
33:41
Speaker 1: sentence has to be staycated. If this was a man
33:46
Speaker 1: who lurked around a woman's apartment, cross state line several times,
33:53
Speaker 1: wo into a bloody scene, blood all over the place
33:57
Speaker 1: that victim has pod learned there's a two another part
34:01
Speaker 1: of the room and was a part of that bloody
34:04
Speaker 1: crime scene. But they did eighteen months. I mean, just
34:08
Speaker 1: because Crystal Kenny is a rodeo queen, just because she's
34:12
Speaker 1: a woman, so she ate it in a bed of
34:16
Speaker 1: her boyfriend. I don't think we should call this aiding
34:19
Speaker 1: the betting. I think that this was she was as
34:22
Speaker 1: murderous as he was. She just was in after the fact.
34:27
Speaker 1: I mean, Ashley Franko KKTV eleven. You hear doctor Bethany Marshall,
34:33
Speaker 1: I've got a feeling a jury would agree with Bethany.
34:37
Speaker 1: And also regarding the light sentence that she got. She
34:44
Speaker 1: started crying on the stand. Boo, who why is she crying?
34:50
Speaker 1: She is the one that stoked the fire that ended
34:55
Speaker 1: with Phrasie murdering Kelsey. As a matter of fact, before
34:59
Speaker 1: you come in on that, take a listen to our
35:01
Speaker 1: friend over at CBS News This, says Nicky Batista. Lee
35:06
Speaker 1: testified that Frazie told her he beat his fiance to
35:09
Speaker 1: death with a baseball bat on Thanksgiving Day and that
35:12
Speaker 1: Barett's last words were please stop. After the murder, Li
35:16
Speaker 1: says Frasie called her and said she had a mest
35:19
Speaker 1: to clean up. Crystal Lee says when she walked into
35:22
Speaker 1: kelsey Beartstown home, she saw blood everywhere. She was cleaning
35:26
Speaker 1: up this massive crime scene. Lee claimed she drove from
35:30
Speaker 1: Idaho to Colorado and cleaned up the crime scene because
35:33
Speaker 1: Frazie told her to and she feared for her life.
35:37
Speaker 1: A few days after the murder, Lie says she watched
35:39
Speaker 1: u Phrasie burned a black tote bag that he told
35:42
Speaker 1: her contained Barrett's body and the baseball bat. Tashi Franco
35:47
Speaker 1: KKTV eleven eleven News there in Colorado Springs, Ashley did
35:53
Speaker 1: the mistress Crystal Kenney stay together in the relationship with
35:59
Speaker 1: Phrasie after the murder, Yes, she was with him the
36:02
Speaker 1: whole entire time, and she even on the stand said
36:05
Speaker 1: that she was still in love with him when she
36:07
Speaker 1: testified against him. So she definitely had something that was
36:11
Speaker 1: just I guess in her heart saying that that she
36:14
Speaker 1: still loves Fancy if I could interject, for really, she
36:17
Speaker 1: had so many opportunities to go to the authorities and
36:23
Speaker 1: tell them that he was planning on killing the single
36:26
Speaker 1: mother of Toller. Did she go to the authorities know?
36:30
Speaker 1: Even after victim was promissioned to guts? That's what it means.
36:39
Speaker 1: She is still sleeping with a guy she knows to
36:44
Speaker 1: be a brutal killer and the States defance Take a
36:49
Speaker 1: listen to ABC dinverse seven. The district attorney says Kenny
36:53
Speaker 1: got off too lightly, but says they had to make
36:56
Speaker 1: a deal with the devil in order to convict Frazy.
36:58
Speaker 1: It was a horrible some saying to hear the description
37:01
Speaker 1: of what happened, he deserves every day he got and
37:04
Speaker 1: then some. The brutal murder of Kelsey Barrett led to
37:07
Speaker 1: a highly charged and highly emotional case with ex lover
37:10
Speaker 1: Chrystal Lee Kenny at the center as the States star witness.
37:14
Speaker 1: Do I feel bad every day that she only got
37:17
Speaker 1: three years today, you bet you. But in the end,
37:19
Speaker 1: we needed to solve this case. He needed to be
37:21
Speaker 1: held accountable for what he did. He's the one who
37:23
Speaker 1: brutally murdered this woman. Well, District Attorney Dan May calls
37:26
Speaker 1: her three year prison sentence inadequate. Here's the reality. The
37:30
Speaker 1: judge gave Kenny the maximum punishment allowed under her plea agreement.
37:34
Speaker 1: Kenny signed that deal in exchange for her testimony against
37:37
Speaker 1: Frazy testimony and evidence. Prosecutors say they needed to put
37:41
Speaker 1: Freeze away for life. And we asked May if Kenny
37:45
Speaker 1: could get out early for good behavior. His answer was yes.
37:49
Speaker 1: Make called out Colorado lawmakers for letting it happen. Well,
37:52
Speaker 1: we're finding it anymore. Is it's not unusual for someone
37:54
Speaker 1: to serve maybe twenty five percent of their sentence on
37:57
Speaker 1: a crime, no matter what it is. Wow, a lot
38:00
Speaker 1: of finger pointing right now about whose fault it is
38:03
Speaker 1: that this what I believe to be a co conspirator
38:05
Speaker 1: to murder is walking free. Ashley Franco kk TV. What
38:12
Speaker 1: happens now? So we're told by the district attorney that
38:15
Speaker 1: they will be conferring with the Colorado Attorney General's office.
38:20
Speaker 1: And from there they will both kind of see what
38:23
Speaker 1: goes next. And then the courts, the Tyler County Court
38:25
Speaker 1: supposed to set a date as to win that resentencing
38:28
Speaker 1: will happen. We wait to see if justice can be
38:32
Speaker 1: salvaged in any way. Nancy Grace Crown's story, signing off,
38:37
Speaker 1: good my friend,