Tooth fragment to be tested as evidence in the Patrick Frazee case

Patrick Frazee, the man accused of murdering Kelsey Berreth, appeared in court Friday for a motions hearing, and a judge granted a motion for consumptive testing.

In the motion filed by prosecutors, it details the evidence that will be tested is a tooth fragment found on Frazee’s property in Florissant.

Senior Deputy District Attorney, Jennifer Viehman explained that to reporters during a news conference.

“It’s been described as a possible tooth fragment, I can’t get into what size it could be.”

We don’t know where exactly the tooth fragment was recovered on Frazee’s property.

What we do know is depending on how much DNA is inside the tooth, that could result in what’s called a ‘sample split.’

“If during that testing process the lab determines that it is no longer a minimal sample, they can provide a sample to the defense for their testing.”

This means there’s potential for both the prosecution and the defense to test the tooth. But, ultimately that will be up for the lab to decide. Meanwhile, the clock is ticking for a decision on the death penalty.

District Attorney Dan May explains there’s about seven weeks left to decide.

“First of all we want to contact all the parties involved, contact the victim’s family, contact law enforcement, and if we are seeking the death penalty, and we always contact the defense to allow them to have input,” May said.

We are expecting to learn the name of the CBI expert facilitating the testing within the next couple weeks.

Frazee’s trial date is still projected for October.