appeared in a colorado courtroom this afternoon. the man accused of killing his fiance, kelsey berreth, now in a battle over the couple's daughter. frazee coming face-to-face with berreth's grieving parents during a closed hearing. late today, sheryl and daryl berreth left court after a judge granted them temporary custody of their 14-month-old granddaughter, kaylee. 29-year-old berreth was last seen shopping with kaylee thanksgiving day. patrick, why don't you talk to us? kaylee was with her father until he was arrested last friday. on a charge of first degree murder. you see him? he's in cuffs. frazee also facing a charge of solicitation to commit suggesting police believe he did not act alone. >> patrick, did you have an accomplice? did somebody help you? >> reporter: today's emergency custody hearing was scheduled shortly after frazee was arrested for berreth's murder. he'll be back in court on those charges monday. tom? >> clayton, thank you. news tonight in the sex assault case against kevin spacey. abc news obtaining audio of his lawyer in court, taking aim at