Trial in 5-year-old's 2005 death starts Monday

Trial in 5-year-old's 2005 death starts Monday

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CHARLES CITY | Prosecutors hope to limit the evidence jurors can consider when Casey Frederiksen's murder trial begins Monday in Hamilton County.

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 to hide his crime.

Law enforcement officials did not arrest Frederiksen until September 2012. He is charged with one count of first-degree murder and one count of first-degree sexual assault.

The crimes allegedly occurred in Floyd County. The court, however, allowed a change of venue because of the case's notoriety in the local community. Frederiksen lived in an apartment outside Floyd with Noel Miller, Evelyn's mother, and the couple's two young sons.

Officials intend to call 120 potential jurors and expect the trial to span at least two weeks.

Assistant Attorneys General Scott Brown and Douglas Hammerand on Thursday asked Judge Gregg Rosenbladt to limit what witnesses can talk about during the trial. The prosecutors want to block speculation on whether Frederiksen was involved in the murder or whether he "is the type of person who would have done this."

According to recent court documents, Evelyn suffered "sexual abuse to the point a significant and noticeable injury was sustained." She was then "stabbed numerous times."

"Given the nature of the injury it would be obvious to any caregiver that a genital injury had occurred to (Evelyn) thereby providing the motive for her death soon after she was sexually abused," Brown said.

Prosecutors also want the court to prohibit questions about whether any witness took a polygraph test or about results of those tests.

Hammerand and Brown would limit testimony about statements attributed to Randy Patrie, reportedly one of the last people to see Evelyn alive. They also want no references to "Patrie's current address and length of his incarceration."

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.

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.

The trial in Webster City will involve perhaps dozens of witnesses, according to court documents. Names on a list of potential witnesses include Floyd County Sheriff Rick Lynch; Chris Callaway, special agent in charge with the Division of Criminal Investigation; and Dr. Resmiye Oral, a pediatrician and child abuse expert at the University of Iowa Hospitals and Clinics.

Jurors also will likely hear from Evelyn's mother, Noel Miller. Rosenbladt signed a certificate of attendance for Miller, who now lives in an apartment in Yreka, Calif.

Rosenbladt ruled Miller is "a necessary and material witness for the state" and will be needed from March 4 to March 6.

Prosecutors, however, do not think jurors should hear any of Miller's opinions.

Rosenbladt also ordered the Federal Bureau of Prisons to turn over Jordan McConnell and Michael Alcorn to the Floyd County Sheriff's Office. McConnell is a prisoner in Victorville, Calif. Alcorn is a prisoner in Oxford, Wis.

Authorities will retrieve the pair and hold them in the Bremer County Jail during the trial, according court documents.

When authorities charged Frederiksen with murder and sex abuse, he was already incarcerated. He went to federal prison following conviction in 2006 on three counts of receipt and possession of child pornography. As part of a plea deal, authorities dismissed 11 similar charges.

Court records reveal Frederiksen "admitted to an inmate he had sexual contact with (Evelyn.)" Frederiksen also allegedly confessed to FBI Agent Jennifer Sullivan he was sexually attracted to the little girl.

Defense attorneys Aaron Hawbaker and Dustin Lies with the public defender's office represent Frederiksen.

Rosenbladt scheduled a hearing to discuss prosecutors' request to limit the evidence Friday in the Cerro Gordo County Law Enforcement Center in Mason City.


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