Closing arguments in Jacob Hilgendorf murder trial, jury begins deliberations

Curtis Bailey's death wasn't the result of self-defense or an accidental killing – it was a premeditated act by Jacob Hilgendorf, Assistant Attorney General Douglas Hammerand said in his closing argument Tuesday.

“This was planned out,” Hammerand said. “He (Hilgendorf) weighed it in his mind.”

Hilgendorf , 21, of Belle Plaine, admitted to police he hit Bailey, 33, of Marengo, several times – “until he stopped breathing”- July 18, 2009, Hammerand said.

Hilgendorf is accused of being part of a conspiracy with his mother Denise Frei, 45, of Marengo, and Jessica Dayton, 20, of Belle Plaine, to get Bailey drunk and kill him. Frei's first-degree murder trial will be March 7, in Scott County and Dayton was convicted of first-degree murder last April.

The jury started deliberations about 12:30 pm. Tuesday. If a verdict isn't reached today, they will resume 9 a.m. Wednesday in Scott County District Court. The trial started last Monday.

Johnson County Chief Public Defender Peter Persaud said in his closing the prosecution didn't prove its case. He asked the jurors to hold off on a decision until they heard his argument and then asked them to scrutinize the evidence, testimony and Hilgendorf's confession.

“If you feel at the end of this case that there are unknown answers, then that's reasonable doubt. If it causes you to pause and hesitate – that's reasonable doubt,” Persaud said.

Persaud said the prosecution wants the jurors “to believe this about a (witness's) testimony but not that.” Don't make “leaps of faith” from one fact to the next, such as because there were things found in  Hilgendorf's car – “he must have done it.”

Hammerand said it was appropriate to consider circumstantial, along with direct evidence, and he asked them to use common sense. There was other evidence other than just the confession by Hilgendorf. Witnesses testified Dayton and Frei told them about the plan to kill Bailey and Hilgendorf told others he committed the crime.

Hammerand went over evidence collected at the scene such as a rubber found in Hilgendorf's car which had his DNA found on the inside of the glove and it also tested positive for Bailey's blood. The rock Hilgendorf said he used as the murder weapon tested positive for Bailey's blood. Bloody plastic wrap found at the scene was also found inside Hilgendorf's car.

Persaud said Hilgendorf confessed because he was trying to protect his mother and Dayton.

“Jacob showed up after the fact and sees Bailey hurt and the blood, and so he helps pick up the evidence and puts it in his truck,” Persaud said. “He may be guilty of another crime (accessory after the fact) but that's not for this jury to decide.”

Persaud said the forensic evidence contradicts the prosecution claims. Frei had blood all over her clothing when police arrived at Bailey's that night. She had it all over her hands. No blood was found on Hilgendorf's clothing and not even his shoes had blood on the soles, like someone would imagine after seeing the crime scene photos and the pool of blood.

Hammerand said Hilgendorf didn't have any blood on his clothing because he changed his clothes after the murder as Denise Templeton, his friend, testified. She said Hilgendorf and Dayton came back to her house in the early morning hours July 19 and Hilgendorf had changed clothes. Hilgendorf also told police he burned his clothes in a firepit at Templeton's.