APPLETON, WI (WTAQ-WLUK) – The suspect in the 1988 murder of Betty Rolf wants the DNA evidence used to connect him to the case tossed out, saying authorities didn’t have a warrant to collect it, violating his Fourth Amendment rights.
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 evidence from that tossed out, as the government did not have a warrant for the collection.
“Should the Government believe that a car parked in a public area is fair game to swab the handle because the owner would not have an expectation of privacy fails on two fronts: First, that there is an implicit (or explicit) license or invitation to view the vehicle but not to swab the door handle. There is nothing to suggest that parking a vehicle in a public area is an invitation for anyone to wipe or swab your car. Second, that even if a person rubbed against the car, it is an absurd stretch to believe that there is not an expectation of privacy that one (the Government, no less, in this case) would not then procure, disperse, test, and analyze a person’s DNA taken from that vehicle,” the motion states.
“The collection, extraction, sequencing, retention, and ultimately entry of Mr. Meyer’s profile into any database under these circumstances constitute separate unreasonable under the Fourth Amendment, because law enforcement only has the DNA profile as a result of a Fourth Amendment violation resulting from the extraction and testing of his DNA profile against the DNA in the (Rolf) investigation,” it states.
Meyer’s lawyers also ask for the sexual assault charge to be dismissed, arguing there are factual allegations in the criminal complaint any sexual contact was non-consensual, and there’s evidence to show any weapon was used. Additionally, the autopsy and police discounted the possibility of a sexual assault.
Meyer also filed a motion seeking to blame another suspect for the murder. A judge has to evaluate the motion before allowing such evidence at trial.
Prosecutors have not responded to the motions. A hearing before Judge Mark Schroeder is scheduled for Oct. 30.
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.
