WAVERLY - Nearly seven years after the mysterious death of a 15-month-old girl, jurors Tuesday convicted a Waterloo resident of first-degree murder.

Jurors deliberated three hours before declaring Joseph Boose Jr., 28, guilty of suffocating Emily Garrison in April 2001. The child was the daughter of Elizabeth Freeman of Waverly, Boose's former girlfriend.

The verdict comes four years after Boose offered a surprise confession while being released from the Black Hawk County Jail on unrelated charges in 2003.

Freeman testified for the prosecution and sat through much of the two-week trial at the Bremer County Courthouse. Tuesday, she nodded as Judge Stephen Carroll read the verdict. She smiled but tears followed.

Freeman's husband and others who also kept vigil during the trial sat nearby. Several Waverly police officers who responded to Freeman's 911 call or later investigated the case also witnessed the conclusion.

Judge Carroll asked each of the 12 jurors to affirm their decision verbally. He then addressed Boose.

"I am revoking your bond. You are held without bail at this time pending your sentence," Carroll said.

Freeman and family exchanged hugs as law enforcement officials moved in to shackle Boose. He watched the family's quiet celebration before being led back to jail.

County Attorney Kasey Wadding was relieved by the verdict and acknowledged that Boose's admissions to officers may have influenced the jury's decision.

"I don't think you can really ignore the defendant's own statement," Wadding said.

During the trial, law enforcement officials testified Boose admitted smothering Garrison on up to 40 occasions prior to April 2001. Boose reportedly indicated he was releasing frustrations about his relationship with Freeman.

William Kelley, Boose's brother, raced from Traer to the courthouse but missed the verdict by minutes. Officers let Kelley ride the elevator from the second floor with Boose, and Kelley followed to the jail hoping to spend a few minutes with his brother.

"We are going to be fighting for an appeal," Kelley said, wiping his eyes.

Closing arguments

Earlier in the day, attorneys attempted to cast Boose's mind-set seven years ago in drastically different lights.

During closing arguments, Wadding maintained Boose was an angry man whose actions showed he meant to harm Garrison.

"When you take a person's last breath, that is intent to kill," Wadding said. "It's really that simple."

Boose went into Emily's room during the night when Freeman was home and pick up the little girl. He would then push the back of her head against his chest with his hands clasped over her mouth and nose. That way, Wadding said, she couldn't fight back.

"She might kick and she might push against absolutely nothing," he said.

Michael Bandy, one of Boose's attorneys, countered Wadding asked jurors to "focus on this case in a vacuum." Bandy also reminded jurors that psychiatrist Thomas Grazter testified Boose suffered from several mental illnesses, including depression and borderline personality disorder.

Those conditions caused Boose to lash out violently, Bandy said, but he had no intention to kill the girl. Boose was trying to vent frustrations with his relationship, Bandy argued.

"If Mr. Boose intended to kill her, it would have taken one time," Bandy said.

He also asked jurors to consider Boose's confession. Boose was racked with guilt and decided to do the right thing, Bandy said.

"That has to count for something in the end," Bandy argued.

Wadding rejected those assertions during rebuttal. The prosecutor said Boose showed on repeated instances he intended to kill the infant, despite whatever mental ailment he may suffer.

"It's just smoke and mirrors," Wadding said.

He added Boose shouldn't be "rewarded" for the confession with a conviction on a lesser charge because Boose shouldn't have killed the baby in the first place.

Court officials expected jurors might have the case last week, but inclement weather pushed back the projected timeline. The case experienced other delays over the past four years as the court attempted to answer questions about Boose's competency. He underwent several evaluations before being deemed fit for trial.

Boose's sentencing is scheduled for 9:30 a.m. Feb. 11.

Defense attorneys said they plan on filing an appeal.

Contact Josh Nelson at (319) 291-1565 or josh.nelson@wcfcourier.com.