Hilgendorf’s defense doesn’t put on any witnesses

The defense in the Jacob Hilgendorf murder trial rested Friday without putting on any witnesses – a day after jurors heard Hilgendorf confess in a taped police interview to beating to death Curtis Bailey.

Quint Meyerdirk, Hilgendorf's attorney, asked for an acquittal after the prosecution rested. He argued there was insufficient evidence for a verdict of guilty or innocence. He said there couldn't a be conviction based on a co-conspirator's testimony unless proven.

“I am appalled by the statement that Dayton wasn't guilty,” Assistant Attorney General Douglas Hammerand said.

Hammerand argued there was sufficient evidence to submit to a jury.

The prosecution rested after resuming testimony of DCI Special Agent Matt George to testify about Hilgendorf's interview, and then the defense rested.

Hilgendorf was asked by 6th Judicial District Judge Denver Dillard if he voluntarily chose not to testify and he said he did.

Closing arguments will be 9 a.m Tuesday in Scott County District Court. Attorneys are working on jury instructions this afternoon and Monday is a holiday and the courts are closed.

Hilgendorf, 21, of Belle Plaine, is accused of being part of a conspiracy to kill Bailey, 33, of Marengo, in his home July 18, 2009, along with his mother Denise Frei, 45, of Marengo, and Dayton.

Meyerdirk argued if Hilgendorf's confession is to be believed, then an innocent woman, Dayton, was convicted in Iowa County last April, Meyerdirk said. The state claimed in that trial that Dayton ran out, got a rock and beat Bailey. Hilgendorf said he grabbed a rock and beat Bailey.

Hilgendorf said in the interview that Dayton wasn't involved, Meyerdirk said.

“The state has shifted its theory,” Meyerdirk said. “I think that will be a problem for one of us.”

Hammerand said the testimony at Dayton's trial was that she picked up the rock and hit Bailey and then Hilgendorf grabbed it and hit him.

“Our theory hasn't changed,” Hammerand said.

Sixth Judicial District Judge Denver Dillard denied the motion for acquittal and said there was sufficient evidence and corroborating evidence to support the confession – other than from  a co-conspirator.

Meyerdirk renewed his motion for acquittal after the defense rested but Dillard said he hadn't changed his ruling and denied it again.

Read coverage from Thursday: ‘I am sorry' Hilgendorf tells DCI agent, according to testimony