Landscaping rock tested positive for Bailey's blood, prosecutors say

A former cell mate of Jessica Dayton testified today that Dayton admitted to dropping a landscaping rock on Curtis Bailey's head two to three times July 18 after he woke up and started fighting with his girlfriend's son.

Heather Szakacs, of Keystone, said Dayton, 19, of Belle Plaine, told her last year at the Iowa County Jail what happened the night Bailey, 33, of Marengo was murdered. Dayton told her there was a plan to kill him but something happened and they killed him the day before the plan was put into action.

The first-degree murder trial continues 9:30 a.m. Monday in Iowa County District Court. The prosecution rested today and the defense will start Monday. The trial started Tuesday.

Szakacs, convicted of two forgeries, said Dayton told her she, Frei and Bailey were drinking July 18 at Bailey's home and Hilgendorf came to pick up Dayton. Hilgendorf wasn't allowed to be in Bailey's home if he was there but Hilgendorf came in that night because Bailey was passed drunk out.

Hilgendorf came inside and Bailey woke up and a struggle started between the two men, Szakacs said. Dayton said she panicked and went outside and picked up a rock and brought it inside.

Dayton then dropped the rock on Bailey's head two to three times and Hilgendorf “continuously hit him with it,” Szakacs said.

Dayton told her Bailey became motionless and appeared to be dead, Szakacs said. Dayton said their original plan was suppose to happen the next night.  Szakacs started tearing up and crying as she testified.

In the prosecution's opening, the “plan” involved Bailey having a menage a trois with Frei and Dayton. The women planned to get him drunk so he would pass out and they could kill him.

Szakacs said Dayton didn't share any details of the plan that was to happen the next day.

Dayton told her this information like she was telling a story and had no emotion, Szakacs said. Dayton just acted like she “was in the wrong place at the wrong time.”

Doug Eichholz, Dayton's attorney, attempted to discredit Szakacs because of her forgery convictions but she remained consistent in her testimony and said she came forward because it was the right thing to do.

Dr. Jerri McLemore, an associate state medical examiner, testifed Bailey died from blunt force trauma to the head and the manner of death was homicide.

McLemore, a forensic pathologist, used some graphic photos to explain the severe injuries of Bailey to the jury. She said the number of obvious blunt force injuries were so great that she could only give a range of blows that he suffered. It could be anywhere from 11 to 30. Some of the injuries are close together and could be merged into one. It just depends how they are counted, she said.

The most severe wound was on the left side of his head, McLemore said. There was a deep large laceration with undermining tissue which means a large flap of tissue could be lifted up. There was also scrapes, bruising and abrasions. He had injuries on the lower part of his face and neck. The top of his head had a laceration with a cluster of injuries including abrasions.

The back of his head had a large laceration that covered the entire area, she said. On the right side of his head there was  triangular piece of glass found in his head and another smaller piece adherent to blood and hair. Glass was also found on the left side of his neck.

McLemore said there were injuries consistent with defensive wounds to the back of his arms and on his right knuckles. There were bruises, scrapes and abrasions.

The toxicology report revealed Bailey's urine tested .239 percent for alcohol and his blood alcohol level was .162 percent, McLemore said. He also tested positive for marijuana.

Amy Pollpeter, a criminalist with Iowa Division of Criminal Investigation, testified the landscaping rock, believed to be the murder weapon, tested positive for blood and it matched Bailey's DNA profile. The statistical probability is fewer than one out of 100 billion of unrelated people would have the same profile.

Pollpeter said plastic wrap, the rock, glass fragments, rubber gloves, tennis shoes, a BB rifle and a PCV pipe collected from Bailey's home and Hilgendorf's Explorer all had blood stains on them and matched Bailey's DNA.

Only one item, the right rubber glove, found in the Explorer, had a partial match to Hilgendorf. Fewer than one in 100 billion of unrelated people would have the same profile. None other items tested matched Dayton's DNA.