Denise Frei vowed to kill boyfriend Curtis Bailey, her friend testifies

DAVENPORT - A friend and employee of Denise Frei testified Wednesday that Frei told her she was leaving boyfriend Curtis Bailey and wanted him dead.

Frei, 45, of Marengo, stands trial this week for first-degree murder. She is the third co-conspirator accused in the brutal slaying of Bailey, 33, of Marengo. He was beaten with a rock and other objects July 19, 2009 in his home.

Frei's son Jacob Hilgendorf, 21, and his friend, Jessica Dayton, 21, both of Belle Plaine, were both convicted of first-degree murder for their part in the murder.

Elisha Runyan, of Marengo, testified Frei was trying to hire a hit man to kill Bailey. Frei tried to kill him the week before he died by “shooting him up with insulin,” she said.

Runyan, who described her relationship with Frei as one of mother/daughter, said Frei told her after the insulin incident that she was going to kill Bailey by overdose.

Frei called her from Bailey's Lincoln Café in Belle Plaine, where Frei, Runyan and Dayton worked, the morning of July 18, 2009 and was excited because she had the “perfect plan” to kill him.

Nekeidra Tucker, Frei's attorney, asked Runyan if she was afraid of Bailey.

Runyan said he was one of those people who if she saw him coming, she would walk across the street to avoid him. Runyan, who started crying on the stand, said Bailey had threatened to burn Frei's children and grandson if Frei left him.

Assistant Attorney General Douglas Hammerand, who's prosecuting the case, on re-direct asked Runyan if she heard Bailey make these threats.

She said no. Frei told her about the threats.

Two other witnesses testified Bailey told them Frei had arranged a ménage a trois July 18, 2009 between him, Frei and Dayton. Bailey said Frei only stipulated that he had to do a shot of whiskey for every sexual act.

Scott Pennebaker, owner of Pennebaker Construction in Cedar Rapids, Bailey's boss and friend, said Bailey didn't typically drink hard liquor. His alcoholic beverage of choice was beer.

In the afternoon, criminalists from the Iowa Division of Criminal Investigation testified about evidence found at the crime scene.

Dennis Kern, a criminalist, testified about crime scene photos and evidence found in the house and in Hilgendorf's vehicle that contained what appeared to be blood. He collected broken fragments of glass and a ceramic dish, a rock, a piece of PVC pipe and a BB-rifle – all items believed to be used in Bailey's beating.

Kern was able to get suitable latent prints from boxes of plastic wrap, which matched Dayton and Bailey. There were also suitable prints from a plastic bag around the BB-gun, which also belonged to Dayton.

Amy Pollpeter, a criminalist, testified about blood and DNA profiles. She said blood was found on the large rock and it matched Bailey's profile with a statistically probability of fewer than one in 100 billion would have that same DNA profile.

Other items also contained Bailey's blood – Frei's sweatshirt and jeans, socks found outside the house, some plastic wrap boxes and plastic wrap itself, a yellow rubber glove found in Hilgendorf's vehicle, pieces of glass and a ceramic dish and the BB-rifle.

The prosecution continues its case 9 a.m. Thursday in Scott County District Court. The case was transferred to Scott from Iowa County. The trial is expected to go into next week.

Join Reporter Trish Mehaffey's live blog from the courtroom. Viewers can follow along, ask questions and provide comments.