The Colorado Court of Appeals upheld the conviction of Kelsey Berreth’s killer after his attorneys argued that jurors on the case discussed the case during the trial and formed opinions prior to deliberations.

Patrick Frazee was convicted in Teller County District Court in 2019 and sentenced to life without parole for the killing of Berreth, his onetime fiancee and mother of his daughter.

Berreth was last seen on security video inside a Woodland Park Safeway on Thanksgiving Day in 2018. She was reported missing by her mother in early December of that year.

In their appeal brief before a three-judge panel in September, attorneys for Frazee argued that three jurors discussed the case during his trial and formed opinions prior to deliberations. They also argued that when the court became aware, not enough was done to address the potential issues.

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Teller County Sheriff deputies lead Patrick Frazee, 32, out of the Teller County Courthouse April 5, 2019 in Cripple Creek

after a judge agreed to postpone the arraignment hearing in the apparent murder of Kelsey Berreth, the mother of his toddler daughter. Frazee is accused of killing his fiancee with a baseball bat and burning her body on his Teller County ranch.

Christian Murdock, The Gazette