APPLETON, WI (WTAQ-WLUK) – Prosecutors contend the rights of the suspect in the 1988 murder of Betty Rolf were not violated when his DNA sample was collected, according to briefs filed Monday.
Gene Meyer, now 67, is charged with first-degree murder and first-degree sexual assault with use of a dangerous weapon in the murder of Rolf, 60.
Rolf’s body was found Nov. 7, 1988 in Grand Chute, just outside the Appleton city limits.
Meyer was charged in December 2022 after DNA evidence from the scene matched evidence taken from Meyer’s truck. A two-week trial is scheduled to begin Feb. 12.
While investigating the case, the FBI trailed Meyer, who was living in Washington state. Agents swabbed the handle of his truck to the gather the DNA used to match to DNA found at the crime scene. Meyer’s attorneys filed a motion seeking to have evidence from that tossed out, as the government did not have a warrant for the collection.
In a seven-page reply for the Fourth Amendment violation claim, District Attorney Melinda Tempelis argued the collection was permissible, as Meyer has no expectation of privacy for the outside of his vehicle.
“The State believes actions of the officers were lawful and in accordance with long established legal precedent and therefore exclusion is not warranted,” Tempelis wrote. “In this case, officers clearly had probable cause to believe the vehicle in question contained evidence of a crime. The evidence will show the following facts established probable cause that the Defendant committed a homicide and the exterior of his vehicle contained evidence of that homicide. Therefore no warrant was required to take a swab from his truck.”
Meyer also argued the sexual assault charge should be dismissed because the criminal complaint contained no evidence any sexual contact wasn’t consensual.
“The results of this analysis lead to the inescapable conclusion that the defendant’s arguments must fail because they do nothing more than state a competing inference to the facts alleged in the complaint and testified to at the preliminary hearing. As noted above, the court may not choose between competing facts or inferences but must bind a defendant over for trial when there exists a set of facts that supports a reasonable inference that the defendant probably committed a felony,” Tempelis wrote.
Meyer also filed a motion seeking to blame another suspect – now dead – for the murder. A judge has to evaluate the motion before allowing such evidence at trial. No response to that motion has been filed.
A motions hearing is set for Oct. 30 to argue the issues.
Normally, the statute of limitations would have long since expired for the sexual assault, but the ‘clock’ on that stops if a suspect is out of state. The complaint does not offer a specific date of when Meyer moved there but contends he fled to Washington after committing the crime. The complaint also says he has a criminal history in Washington.