Hilgendorf gets life sentence in brutal beating of Marengo man

Alex Bailey, 15, said it was nerve-racking to see Jacob Hilgendorf, his father's killer, before him today as he read a victim's impact statement, but also gratifying to see him in an orange jumpsuit and know he's going to spend the rest of life in prison.

Alex said when he first met Jacob Hilgendorf “I thought he was really cool.” Hilgendorf gave him advice and they played video games. At first, he couldn't believe his friend killed his father.

“It's been hard (having each defendant's trials separated),” Alex said. “It's been nice to have time in between, but it brings back hurt and pain. We won't heal until the last one is over.”

Hilgendorf, 21, of Belle Plaine, convicted last month for the first-degree murder of Alex's father Curtis Bailey, 33, of Marengo, was sentenced Tuesday in Iowa County District Court to life in prison without parole. He was also ordered to pay $150,000 to Bailey's estate, plus court fees and costs.

Hilgendorf had tears running down his face during the sentencing, but declined to say anything on his behalf.

Hilgendorf and his friend Jessica Dayton, 20, of Belle Plaine, have been convicted as being part of a conspiracy to murder Bailey July 18, 2009 in his home. Hilgendorf's mother Denise Frei, also charged with first-degree murder, will stand trial Aug. 15.

Bailey was brutally beaten with a landscaping rock and possibly other items, according to testimony in both trials. Hilgendorf told police he beat Bailey until he stopped breathing. Bailey died from blunt force trauma injuries.

Michelle Geary, Curtis Bailey's ex-wife and executor of his estate, said in a victim's impact statement that the hardest part now was to have to take her son to his father's grave.

“They took away the most precious thing in Alex's life – his dad,” Geary said, crying.

Sixth Judicial District Judge Denver Dillard told Hilgendorf he will think about the acts he committed when he was 19 every day of his life.

“You have very few options,” Dillard said. “While I have a great deal of sympathy for Alex and his family, I also have small sympathy for you and the choices you made.”

Before sentencing, Dillard denied the defense's motion for a new trial.

One of the issues raised in the motion was that an investigator received information from one of the jurors regarding misconduct. The juror said another juror said he had “googled” and found a picture of the defendants involved in the case. The other jurors apparently told him that wasn't allowed and refused to talk about it.

Assistant Attorney General Douglas Hammerand argued there's no affidavit to submit to court and no witness, so that information would be considered hearsay and the court can't consider it. He also said this doesn't rise to the level of misconduct because there's no indication that it influenced the verdict.