The Colorado man accused of beating Kelsey Berreth to loss of life with a baseball bat after which burning her stays on his ranch has requested a decide to disclaim her mother and father’ plea for custody of their daughter.
Patrick Frazee, 32, filed a movement in Teller County District Court docket on Friday asking a decide to disclaim a declare by Berreth’s mother and father, Cheryl-Lee Ellen Berrethand Darrell Lynn Berreth, searching for custody of 1-year-old Kaylee.
The movement contests a second amended criticism by the Berreths searching for custody of their granddaughter. The primary was made by Marcie McMinimee, a particular conservator for Kaylee, the lawsuit filed by Colorado Springs legal professional Jennifer Inventory says.
Colorado’s wrongful loss of life statute clearly states that the Berreths haven’t any standing to make a authorized declare based mostly on the alleged wrongful loss of life of Kelsey Berreth, the movement says.
“Solely her residing and surviving little one, KF (Kaylee Frazee), has standing to carry a wrongful loss of life declare,” it says. “Within the unique criticism, plaintiffs pled that the outrageous conduct of Mr. Frazee was the alleged killing and loss of life of their daughter at his fingers … However plaintiff’s try to avoid wasting the declare fail and it have to be dismissed.”
Every little thing the Berreths declare relies “on the assumed homicide of Kelsey Berreth” and subsequently can solely be a wrongful loss of life declare, the movement says.
“Patrick Frazee is entitled to dismissal as a result of Kelsey Berreth has a daughter, which, the truth is, precludes Kelsey Berreth’s mother and father from bringing a wrongful loss of life declare in opposition to him. And Colorado regulation doesn’t allow multiple civil go well with for the loss of life of 1 particular person,” the movement says.
A Teller County decide has repeatedly decided that the Berreths ought to retain momentary custody of Kaylee.
Frazee has been charged with two counts of first-degree homicide and three counts of solicitation to commit homicide within the loss of life of Kelsey.
Frazee allegedly had Kelsey put a sweater over her head for a candle-smelling recreation on Thanksgiving Day after which pummeled her to loss of life with a bat, a possible trigger assertion says.