Third defendant in beating death of Marengo man will be tried mid-August

MARENGO – The third co-conspirator charged in a Marengo man's beating death is still on track to start mid-August in Scott County District Court.

Denise Frei, 45, of Marengo, charged with first-degree murder will stand trial Aug. 15 for her part in the slaying of her former boyfriend Curtis Bailey, 33, who was brutally beaten to death with a rock and other items July 18, 2009 in his home. Bailey died from blunt force injuries.

A change of venue from Iowa to Scott County was granted earlier this year.

Frei plans to claim self-defense and insanity, according to information discussed at Monday's pre-trial conference. The defense will claim Bailey was physically abusive to her.

The state will claim Frei, along with her son Jacob Hilgendorf, 21, and his friend, Jessica Dayton, 21, both of Belle Plaine, planned to kill Bailey that night by promising him a menage a trois with Frei and Dayton if he played a drinking game. They wanted to get him drunk, so they could make his death look like an accident but their plan went awry when he awoke and began fighting with Hilgendorf, according to trial testimony.

Evidence from Dayton's trial revealed Frei hit Bailey in the head with the rock and in Hilgendorf's trial there was testimony that Hilgendorf confessed to beating and killing Bailey with the rock and other objects. Dayton and Hilgendorf were convicted of first-degree murder and are serving life in prison without parole.

None of the co-conspirators claims will be allowed during Frei's trial but testimony about what Bailey told his friends about the planned threesome that night will be admitted. Frei's conflicting statements to police will also be allowed.

Frei first told police Bailey was killed by two or three unidentified men in a drug deal gone bad, Assistant Attorney General Douglas Hammerand said.

Sixth Judicial District Judge Denver Dillard said any ethnic references to the unidentified men would be bleeped in an audio or video recording to avoid any prejudice against the victim or Frei, but the rest of the statement would be submitted for the jury to consider.

The trial is expected to last about a week and a half. The state will call about 17 or 18 witnesses and the defense will have about nine.

Kjas Long, Frei's attorney, indicated Frei may testify.