Frei says she killed her boyfriend to keep her children safe

DAVENPORT - Denise Frei admitted Monday she had a specific intent to kill her live-in boyfriend Curtis Bailey in 2009, and she acknowledged it was wrong, but she repeatedly claimed it was the only way to keep herself and her family safe.

Frei, 45, of Marengo, at times tearing up and blowing her nose, said she had endured sexual, physical and verbal abuse by Bailey, 33, of Marengo, for the six years they had been together. But she couldn't leave him for fear of what he would do to her family, she said.

He threatened to burn her youngest son, Jacob Hilgendorf, she said.

“He said it wasn't a threat but a promise, Frei said.

The defense continues its case 9 a.m. Tuesday in Frei's first-degree murder trial in Scott County District Court. She is accused of beating to death Bailey, along with her son Hilgendorf and his friend Jessica Dayton, July 19, 2009.

Bailey died from blunt force injuries to his head, according to last week's testimony. He was hit in the head between 11 and 30 times.

Hilgendorf and Dayton, both 21, were both convicted and are serving life sentences for their part in the crime.

Frei said she got together with Bailey in 2003 when both of them were married to different partners. At first, she said Bailey was charming and loving.

But he didn't get along with her three sons and eventually banned them from their home. He kicked out Hilgendorf when he was 16. She went along with him because he “terrified” her, she said.

Frei at times teared up and claimed Bailey forced her to have sexual relations against her will and pushed her around, but it was the threats to her family that pushed her into killing him. She never told anyone because Bailey told her a “piece of paper (restraining order) wouldn't stop a bullet.”

Assistant Attorney General Douglas Hammerand went over Frei's previous attempts to kill Bailey that she told police. She tried to kill him by overdose twice and once by injecting him with insulin. All three times he just got sick.

He said she chose things that couldn't be detected, so she could get away with it, just like when she finally killed Bailey in 2009. Her plan was to suffocate him with plastic wrap.

Frei agreed but said she was trying to do things that would be “humane.”

Frei admitted to a scheme of getting Bailey drunk by playing a sex game. He had to take a shot of vodka for every sex act she and Dayton performed together. Frei said it wasn't a threesome. Bailey wasn't to touch Dayton.

Frei said Bailey passed out and then Dayton texted Hilgendorf to come over. She and Dayton started wrapping him up in plastic and she kissed Bailey before she put the wrap over his face.

“You're specific intent was to kill him?” Hammerand said.

“Yes,” Frei said.

Hammerand said the plan went awry when Bailey awoke, started fighting, and she and Dayton grabbed the rock and hit him in the head.

Frei said they hit him an estimated 30 times in the head.

Hammerand asked if she thought 30 times are unreasonable.

Frei said “it didn't seem to be working.” She finally admitted 30 times was unreasonable.

Frei said she initially lied to police about two drug dealers who assaulted Bailey because she knew they wouldn't believe her about the abuse. She had no proof, she said.

Frei said she told the truth in the second interview when she discovered police knew her son was involved.

Hammerand repeatedly asked why she never reported abuse to police or called the domestic abuse hotline. Frei said she was scared and she didn't think the police would believe her.

Marilyn Hutchinson, a psychologist and therapist from Wichita, Kans., testified Frei was a battered woman. She suffers from post-traumatic stress as a survivor of childhood sexual abuse, suffers from major depression and possibly an anxiety disorder and personality disorder.

Frei was sexually molested by her brother as a child and two cousins and a farm hand as a teenager, and was physically abused by her parents, Hutchinson said. She has the characteristics of a battered woman – low self-esteem, depression, feeling of guilt and shame.

“Over time, they think it's their fault,” Hutchinson said. “They mostly try to comply, hide it from others and do their best to do what he wants.”

Hutchinson said Frei's profile was consistent with a battered woman. Frei stayed with Bailey because she loved him and because she was scared for her family.

Hammerand asked Hutchinson if Frei understood the nature and quality of her act and if she had the mental capacity to know killing Bailey was wrong.

Hutchinson said yes to both.

The defense would have to prove Frei didn't understand the nature and quality of her act and couldn't distinguish right from wrong to meet the standard for insanity in the state of Iowa.

Hammerand also asked Hutchinson if she ever saw any medical records regarding Frei's sexual or physical abuse.

Hutchinson said no.

Rebuttal witnesses of the prosecution will take the stand Tuesday and closings are expected on Wednesday. Follow Reporter Trish Mehaffey's live blog from the courtroom at http://www.thegazette.com and http://www.kcrg.com.