Krystal Lee Kenney, who allegedly helped her frequent romantic partner Patrick Frazee murder his fiancée, Kelsey Berreth in Colorado in 2018, has had her sentence vacated, setting the stage for her resentencing by a district court.
Kenney, 34, was sentenced to three years behind bars in 2020 after pleading guilty to tampering with evidence. This at first appeared to be the maximum amount of prison time to which she could be sentenced following a plea deal for her role in Berreth’s killing.
However, Kenney’s sentence has now been vacated in Colorado after an appeals court ruled that she had been “erroneously sentenced,” local outlet KCNC reported. Kenney had argued that the sentence was unconstitutional because it exceeded the maximum for the charge to which she pleaded guilty under the deal. The Colorado Court of Appeals sided with her, agreeing that her sentence should only be a maximum of 18 months.
In an opinion, the court wrote, "we vacate Kenney's sentence and remand the case to the district court for resentencing in the presumptive range,” local outlet KTVB reports. The court declared that she could only receive a sentence of up to three years if they found aggravating factors, which they apparently did not find.
When Kenney pleaded guilty, her arrangement was dubbed a “deal with the devil” by 4th Judicial District Attorney Dan May, KCNC reported at the time. In taking the deal, Kenney dodged more serious charges, which could have resulted in up to a 100-year sentence.
Kenney, who worked as a nurse in Idaho, was the star witness in Frazee's trial, and her testimony heavily impacted his conviction. Frazee was sentenced to life in prison in 2019 for murdering Berreth, whose parents' attorney, Angela Jones, wrote in the civil complaint that Frazee was motivated to kill to gain custody or guardianship of their daughter. Kenney testified at his trial that she traveled to Colorado upon Frazee’s beckoning after he murdered his wife on Thanksgiving 2018.
Kenney brought cleaning supplies, a bodysuit, and foot covers with her to assist Frazee in cleaning Berreth’s home after he beat her to death with a baseball bat. Kenney testified that there was blood splattered everywhere, including over baby items and toys, according to an affidavit obtained by the Denver Channel. Kenney then disposed of Berreth’s cellphone for Frazee in Idaho.
Kenney, who had an off-again-on-again relationship with Frazee, has also admitted that he had asked her to help him kill Berreth three times prior — plans in which Kenney was meant to take part, CNN reported in 2019. In one murder plot, the pair planned to poison a caramel macchiato drink and give it to Berreth.
The Fourth Judicial District Attorney's Office said it is reviewing the order from the appeals court, KTVB reported.
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