Dayton promised sex before Marengo murder, prosecutors say

UPDATED: Prosecutors claim the murder of Curtis Bailey involved shots of whiskey, a promise of three-way sex and a brutal beating that wasn't planned.

“The best-laid plans of mice and men often go awry,” Assistant Iowa Attorney General Doug Hammerand paraphrased poet Robert Burns on Wednesday in his opening statement, to sum up why Jessica Dayton, 19, of Belle Plaine, stands trial for first-degree murder in Iowa County District Court.

Dayton and Denise Frei, 42, Bailey's live-in girlfriend, also charged in the murder conspiracy, had a plan to get Bailey, 33, of Marengo, drunk so he would pass out and then they, along with Frei's son Jacob Hilgendorf, 19, could kill him, Hammerand said.

The July 18 plan went awry when Bailey awoke in his home and a struggle started, Hammerand said. Dayton, who was a waitress at Bailey's Lincoln Cafe in Belle Plaine, picked up a landscaping rock and dropped it on Bailey's head two or three times, and Hilgendorf hit Bailey with the rock more than once, Hammerand said.

Bailey died from head injuries, according to a preliminary autopsy report.

Doug Eichholz, Dayton's attorney, did not make an opening statement, reserving his right to make one later.

Also Wednesday:

• Jurors viewed crime scene photos of Bailey's body lying in a pool of blood with obvious head injuries and blood splattered on the sofa and wall.
• Bailey's boss and a co-worker at Pennebaker Construction in Cedar Rapids testified he told them the day of his death that he was going to have three-way sex that night with Frei and Dayton. Scott Pennebaker, Bailey's boss, said Bailey told him he'd have to drink a shot of whiskey for every sexual act. Pennebaker said it seemed odd because Bailey drank only beer.
• Dayton's best friend Alesandrea Musel of Cedar Rapids, testified that Dayton told her around July 6 she was going to have to help someone kill a person. Dayton told her it was Bailey and the person she was assisting was “D”, for Denise Frei.
• Elisha Runyon of Belle Plaine, a friend of Frei and Hilgendorf, testified that Frei told her she, Hilgendorf and Dayton were going to kill Bailey on July 18. Frei told her Dayton and Hilgendorf were going to get $5,000 each for helping her kill Bailey.

Gazette reporter Trish Mehaffey is providing live coverage of the trial from the Marengo courtroom. Follow her live coverage below, where readers can ask questions and provide comments.