MASON CITY | Judge Gregg Rosenbladt ruled on several motions and took others under consideration Friday regarding the murder trial of Casey Frederiksen, which is set to begin Monday in Webster City.
Authorities allege Frederiksen, 35, sexually abused and then stabbed to death his live-in girlfriend's 5-year-old daughter, Evelyn Miller, in July 2005.
According to the state's theory he then dumped the little girl's body in the Cedar River in Floyd County to hide his crime.
Law enforcement officials did not arrest Frederiksen until September 2012. At the time he was already in prison after being convicted of other charges.
Frederiksen is charged with one count of first-degree murder and one count of first-degree sexual assault in the Miller case.
Two of the motions centered around Randy Patrie, reportedly one of the last people to see Evelyn alive.
Assistant attorney general Douglas Hammerand asked that specific statements Patrie made to police not be heard by jurors but instead be left at that he made inconsistent statements.
Hammerand argued allowing specific statements without Patrie taking the witness stand would be hearsay and assumed as facts. Patrie is not being called as a witness in the trial.
Defense attorney Aaron Hawbaker said Patrie's "deception" as to his whereabouts after last seeing Evelyn, his clothing that night and later regarding a burn barrel are "crux" to Frederiksen's defense.
"Not allowing us to pursue it would prejudice Mr. Frederiksen," he said.
Hawbaker said the context of Patrie's inconsistent statements is important.
Rosenbladt said he would take the arguments under consideration and rule on it later.
In another motion regarding Patrie, both the prosecution and defense agreed to not present evidence that includes where Patrie currently resides.
Patrie, 42, is serving life in federal prison in the U.S. penitentiary in Coleman, Fla. He was sentenced in June after pleading guilty to being a felon in possession of a firearm.
Federal prosecutors alleged Patrie was linked to 70-year-old Kenneth Gallmeyer's death in October 2012. Gallmeyer was shot and killed in his home near Nashua.
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Though authorities never arrested or charged Patrie in connection with Gallmeyer's death, prosecutors successfully argued federal Judge Linda Reade should consider Patrie's alleged involvement during sentencing.
Both parties also agreed to not present evidence that includes the length of Frederiksen's current incarceration for receipt and possession of child pornography and whether witnesses took a polygraph test. Jurors also will not hear the opinions of Evelyn's mother, Noel Miller.
"Miss Miller has a tendency to give insight that wouldn't be of witness knowledge," Hammerand said.
Miller is listed as a potential witness for the trial, along with Dr. Resmiye Oral, a pediatrician and child abuse expert at the University of Iowa Hospital and Clinics.
Hammerand is asking comments by other witnesses about the credibility of another witness, particularly about Oral, not be allowed.
A judge last year criticized Oral for mishandling an investigation into a child's injuries in another case.
Hawbaker argued such information is relative to Frederiksen's case.
Rosenbladt said he will decide on the matter at a later date. Oral isn't scheduled to take the stand until the second week of the trial.
Rosenbladt also will take into consideration whether Chris Callaway, special agent in charge with the Division of Criminal Investigation, will be able to sit with the prosecution and if the prosecution can add an expert witness from Blank Children's Hospital.
The defense has asked that all witnesses be sequestered during the trial and Callaway will likely be called as a witness.
"The witness gets to anticipate what his answers are," Hawbaker said.
As far as the additional expert witness, Hawbaker asked the addition be denied since it wasn't made more than 10 days from the trial date and the testimony is likely irrelevant to the trial.
Hammerand argued the expert witness's testimony is important if the defense uses the argument Evelyn never acted uncomfortable or strange around Frederiksen.
"It's unfair jurors won't get the knowledge that that's what kids do," he said.
Rosenbladt is expected to rule on whether Callaway can sit with prosecutors before the trial Monday, but has time to rule on the expert witness since she likely wouldn't take the stand until the second week of the trial.
The trial is being held in Hamilton County on a change of venue request.