Denise Frei

Case record: Denise Leone Frei

Background

Denise Leone Frei was a live-in girlfriend of Curtis Bailey. She was convicted for the first-degree murder of Bailey.

Frei said she suffered from battered woman syndrome and that the slaying was in self-defense. She claimed she had been verbally, physically and sexually abused by Bailey for six years and that she had to kill him to save the life of her son, Jacob Hilgendorf, and other family members.

The offence

On July 19, 2009, Frei beat Curtis Bailey to death with a rock and other objects in his home in Marengo. Frei claimed Bailey was verbally, physically and sexually abusive and threatened to burn or kill her children if she left him.

Frei stated that she planned to kill Bailey by suffocating him with plastic wrap. She described the plan as involving Bailey becoming passed out so she could wrap him. She said he awoke and fighting ensued. Frei and the other participants then used a rock, a candy dish and an ashtray to beat Bailey until he was dead.

A former state medical examiner testified that Bailey suffered 11 to 30 blows to his head and died of multiple blunt force injuries to his head.

Investigation

Frei participated in interviews with police and later admitted a “game plan” to kill Curtis Bailey in 2009.

Iowa Division of Criminal Investigation Special Agent Bill Kietzman testified that Frei asked to be interviewed a second time after police questioned her son, Hilgendorf. Frei told investigators her son didn’t do it and Dayton was “just along for the ride.” She told investigators she was the person responsible for Bailey’s murder. Frei said she felt she had no other choice but to kill Bailey because he was abusive to her for years.

In an audiotaped interview played for jurors, Frei said:

“It was supposed to be simple,” Frei said. “I was going to wrap it (plastic wrap) around him while he was passed out. He woke up and started fighting. We had gone too far and couldn’t stop. It’s my kid protecting me. They’re not to blame.”

Frei described wrapping his wrists with plastic wrap, then trying to put it over his face while he awoke. She said they had attempted to get him drunk, and that Dayton texted Hilgendorf to come over. Frei said she kissed Bailey before she put the wrap over his face. Frei later said a rock was used to strike him in the temple and that an ashtray was also used to beat him:

“It was too late,” she said. “He would have killed us. I know it was wrong. I shouldn’t have taken a person’s life.”

Frei repeatedly told investigators she was responsible for the murder and asked what Hilgendorf told them, stating that he had a learning disability and should “shut up.”

Frei told investigators about prior attempts to kill Bailey before July 19, 2009. She admitted she tried to kill him by overdose twice and once by injecting him with insulin; on the earlier attempt, he just became ill. She also admitted she had stolen a mechanical injector and later injected Bailey with insulin using syringes in a previous attempt to kill him on the night of July 3, but was unsuccessful. Investigators saw a syringe in a drawer in the residence.

Arrest and charges

After the July 19 murder, search warrants returned in Iowa County District Court described police allegations that had not been proven in court.

On the night of July 19, officers were called to 220 W. Main St., Marengo, for an unresponsive male who had reportedly been assaulted. Curtis C. Bailey was determined to be the victim of a homicide. Frei said she found Bailey downstairs and that she was the one who called 911.

The search warrants stated that Frei, Hilgendorf and Dayton were arrested and charged with first-degree murder. They were held at the Iowa County Jail.

Trial

Frei faced trial in Scott County District Court.

During the trial, Frei testified that she killed Bailey because he sexually, physically and verbally abused her and threatened to burn or kill her children if she left him. She testified that she had no other way out except to end his life, and she said she was afraid of what he would do to her family.

Frei also testified that Bailey threatened to burn her youngest son, Jacob Hilgendorf.

Frei stated that she got together with Bailey in 2003 when both were married to different partners. She said Bailey did not get along with her three sons and eventually banned them from their home. She said he kicked out Hilgendorf when he was 16.

Trial arguments and disputes

Frei argued for a mistrial and improper jury instructions on justification, insanity and reasonable doubt. She claimed insanity as her defense.

Closing arguments included competing views of Frei’s mental state and justification.

Assistant Attorney General Douglas Hammerand argued that Frei’s plan to kill Bailey was not justified, that she had a specific intent to kill, and that her battered woman claim did not excuse killing him. Hammerand said Frei was “cold and calculated” and played a portion of Frei’s confession in a police interview for the jury.

In rebuttal argument, Hammerand said:

“Curtis Bailey created this situation that led to his death,” Kjas Long, Frei’s attorney in his closing.

Frei’s attorney Kjas Long argued that Bailey created the abusive situation that led to his death and said Frei wanted to escape his abuse.

Frei’s counsel argued in closing that the evidence showed Frei’s motive was to save her son and grandson.

Expert testimony: insanity and psychological condition

Frei’s defense presented testimony that supported battered woman syndrome and stress-related symptoms. A psychologist, Marilyn Hutchinson, testified that Frei was a battered woman. Hutchinson testified that Frei suffered from post-traumatic stress and battered woman syndrome, along with major depression and possibly an anxiety disorder and personality disorder. Hutchinson said Frei was sexually molested by her brother as a child, and by two cousins and a farm hand as a teenager, and was physically abused by her parents. Hutchinson stated:

“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 testified that Frei stayed with Bailey because she loved him and because she was scared for her family. She testified that Frei understood the nature and quality of her act and understood right from wrong.

A psychiatrist, Dr. Michael Taylor, testified for the prosecution that Frei did not meet the criteria for legal insanity and did not suffer from any psychological disorders. Taylor testified that he disagreed with Hutchinson’s diagnosis. Taylor said:

“She (Frei) was very clear on what had happened that day and why it happened,” Taylor said. “She was able to deliberate, premeditate and could form specific intent to kill.”

Taylor testified that Frei understood the nature and quality of her act and understood right from wrong. Taylor also testified that Frei did not have symptoms of post-traumatic stress from childhood sexual abuse as Hutchinson indicated, saying:

“Someone could experience post-traumatic stress from being sexually abused as a child but not all those years later,” Taylor said. “She didn’t have symptoms of it.”

A nurse practitioner from University of Iowa Hospitals and Clinics and a physician’s assistant from Belle Plaine Family Clinic also testified that Frei had no injuries or signs of physical or sexual abuse.

Witnesses and other testimony

Alex Bailey, Curtis Bailey’s son, testified that he knew Denise Frei as a second mother and said she killed his father. Alex said:

“You took my dad from me,” the 16-year-old told Denise Frei. “He will never see me grow up. He will never see my graduation. He will never meet his grandchildren.”

Testimony included accounts from people who had encounters with Bailey. Tim Mangold testified about an incident in 2004 where Bailey threw a beer bottle at a truck because the owner was at Bailey’s then-estranged wife Michelle Geary’s home. Mangold said Bailey was “mouthing off” to him and that it did not turn physical. Ronald Waggoner testified about an incident in 1997 or 1998 in which Bailey yelled at him, then came back out with an aluminum baseball bat and backed down after police showed up. Colleen Standerson testified that Bailey raised his voice to employees and Frei at Bailey’s Lincoln Café in Belle Plaine in 2007, but that she never saw him angry.

Evidence described in interviews and testimony

In the investigation-related warrant account, Bailey’s preliminary cause of death was described as blunt force trauma to the back of the head. The warrants stated Bailey’s skull had been crushed on the left side.

The search warrants described that some individuals came to the residence just prior to the incident to make a drug deal with Bailey, according to Frei.

The search warrants described that Hilgendorf initially told investigators Dayton was at the residence about one hour prior to when the murder was discovered and that Hilgendorf picked up Dayton during that time.

The search warrants stated that Frei told investigators Dayton was at the residence during the murder and that Dayton was involved. The warrants also stated that Frei said Dayton assisted in trying to wrap Bailey’s head with Saran wrap and struck Bailey in the head with an object during the struggle, and that Frei said Bailey bit Hilgendorf on the thigh during the struggle.

Confessions and procedural history with co-defendants (as described in the record)

Search warrants described confessions by Frei and Hilgendorf to taking part in the struggle that killed Bailey. The warrants also described that Denise Frei and her son said Dayton was the one who hit Bailey on the head causing his death, and that Dayton had not confessed to any role in the murder.

Verdict and conviction

Frei was found guilty by a jury of first-degree murder. She was convicted on Aug. 25, 2011 after a weeklong jury trial in Davenport.

Sentencing

On September 19, 2011, Frei was sentenced to life in prison without the possibility of parole for first-degree murder of Curtis Bailey on July 19, 2009.

Frei spoke to Judge Denver Dillard and said she hoped her conviction would bring about more education about domestic violence. Frei told the judge:

“Don’t think you can fix the abuser all by yourself, because it’s not possible,” Frei said in a short statement.

Judge Denver Dillard responded that Frei had other options than killing her partner and stated:

“You had alternatives,” Dillard said. “The evidence also shows that if you had exercised those options, it would have reduced your financial outcome. What you did was for financial profit in addition to any other claim that you make.”

Michelle Geary, Bailey’s ex-wife, made an impact statement and said:

“The woman he trusted and loved like a second mother had planned and murdered his dad,” Geary said, wiping tears away during the impact statement. “Denise, I will never forgive you for what you have done to my family and Curt’s family.”

Judge Dillard ordered Frei to pay $150,000 to Bailey’s estate and $7,932 to the Crime Victims’ Assistance Program.

Appeals

The Iowa Supreme Court upheld Frei’s murder conviction. Frei argued on appeal that the trial court should have granted her motion for mistrial and that it gave improper jury instructions on justification, insanity and reasonable doubt.

The court ruling stated that the trial court gave proper instructions for a justification defense and reasonable doubt, which included legal elements and did not violate her due process rights.

The court also addressed Frei’s insanity instruction argument, noting her argument on appeal was different from what she raised in her motion for a new trial so the court could not review that argument.

Other details

Frei was described as facing a mandatory life sentence without parole at the time of sentencing proceedings.

Frei’s sentencing hearing included statements about domestic violence education and alternatives to killing.

Frei was described as being 45 or 46 or 47 in different accounts, with Curtis Bailey described as 33 at the time of his death and as 33 in multiple accounts.

Frei’s co-defendants included Jacob Hilgendorf and Jessica Dayton, both convicted of first-degree murder and serving life sentences as described in the record.