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Attorney says child pornography evidence should not be admissible in Iowa man's trial

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WAVERLY, Iowa — An attorney for a man accused of killing a 5-year-old northern Iowa girl argued Tuesday that his client's history of collecting child pornography should not be presented in his upcoming trial because it will taint his image to jurors.

Defense attorney Aaron Hawbaker said jurors in the trial of Casey Frederiksen will conclude his client is a bad person and likely guilty in the 2005 death of Evelyn Miller. He called the information "inflammatory" and prejudicial, the Waterloo-Cedar Falls Courier reported (http://bit.ly/XxwvbN ).

"It taints anything else that happens in the trial," he said.

Prosecutors argued jurors should know that Frederiksen, who was charged in 2012 with first-degree murder and first-degree sexual abuse in the death of Evelyn, had a collection of child pornography in a computer hard drive at the time of the girl's disappearance. He was later convicted of possessing child pornography.

"They're all linked. Casey Frederiksen is clearly sexually attracted to children ... and that's why he committed sexual abuse on Evelyn," said Scott Brown, an assistant Iowa attorney general.

Prosecutors only intend to introduce evidence showing Frederiksen had images of men with girls about Evelyn's age, Brown said. Hawbaker argued against it.

"No, he had lots of other images, including boys and older girls," Hawbaker said.

Frederiksen was watching Evelyn at the time of her disappearance. Her body was found in the Cedar River days later.

Special Agent Chris Callaway with the Division of Criminal Investigation testified Tuesday that officials investigated another suspect in the case. He said there was no physical evidence linking that suspect to Evelyn's disappearance or death.

It's unclear when Judge Gregg Rosenbladt will rule on the admissibility of the evidence. It's also unclear when Frederiksen's trial, which was scheduled to begin Monday, will be held. Attorneys at Tuesday's hearing suggested some time in February.


Information from: Waterloo-Cedar Falls Courier, http://www.wcfcourier.com

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