Defense rests case in Casey Frederiksen murder trial

WEBSTER CITY - The defense attorneys for accused murder suspect Casey Frederiksen rested their case Monday after calling three witnesses to the stand.

The defense and prosecution questioned one of the main investigators involved in the hunt for 5-year-old Evelyn Miller's killer, as well as two men who used to live near a former suspect in the case.

Frederiksen, 35, faces charges of first-degree murder and first-degree sexual abuse in the girl's death.

Frederiksen's attorneys questioned Special Agent Chris Callaway with the Iowa Division of Criminal Investigation about Randy Patrie, who at one time was considered a suspect in Miller's disappearance. The defense submitted into evidence several still photographs taken from gas station security footage of Patrie, attempting to establish that investigators were never able to pinpoint his location around the time Miller went missing on July 1, 2005.

When prosecutors asked Callaway about Patrie's cooperation with the investigation, he said Patrie was forthcoming and a subpoena was never needed to bring him in for questioning.

The defense attorneys also questioned two men, Steve Gemaehlich and Brad Kellogg, about a burn barrel in Patrie's backyard that was burning on the afternoon of July 2, 2005, the day after Miller went missing.

Kellogg recalled seeing Patrie standing near the burn barrel and the smoke having a chemical smell.

When prosecutors asked Kellogg whether he saw anyone set fire to the barrel or if he knew what its contents were, he said no.

Frederiksen's attorneys made a motion for judgment of acquittal on Monday, saying the state hadn't provided enough physical evidence linking Frederiksen to Miller's death. Prosecutors said the evidence of sexual abuse on Miller's body, coupled with admissions by Frederiksen that he was sexually attracted to her and had abused her, was sufficient. The judge denied the motion for acquittal.

Closing arguments begin Tuesday at 9 a.m.