Judge delays decision on defense motions in double-homicide case

OREGON – An Ogle County judge granted one defense motion Tuesday, but again delayed his decision on other defense motions for a Stillman Valley man charged with killing his ex-wife and their 3-year-old son in 2016.

Duane Meyer, 41, of Stillman Valley, is charged with four counts of first-degree murder, two counts of aggravated arson and one count of concealment of a homicidal death in connection with the Oct. 19, 2016, Byron house fire in which Margaret “Maggie” (Rosko) Meyer, 31, was found dead and their son, 3-year-old Amos Meyer, died.

Ogle County Judge John “Ben” Roe granted a motion by defense attorney Christopher DeRango of Rockford that asked the court to bar state witnesses from testifying “as to their opinions to the credibility of any witness.”

“As to the other motions I am taking two more weeks,” Roe said, noting he was still researching case law. “When I have that completed I will forward my decision onto the attorneys.”

Roe said he should have his decision completed by Sept. 15. He set Meyer’s next status hearing for 9 a.m. Sept. 26.

During a May 4 hearing, DeRango asked Roe to exclude information gathered by the prosecution from being presented to a jury arguing some of it was “irrelevant” or would be “prejudicial” to his client.

In January, DeRango entered 21 motions in limine and asked that they be sealed prior to debate in open court.

The purpose of a motion in limine (Latin for “on the threshold”) is to determine whether certain evidence may be presented to the jury.

DeRango and his co-counsel, Patrick Moore, presented their exclusion arguments while Assistant Ogle County State’s Attorney Matthew Leisten made counterarguments.

Some of the motions made pertain to crime scene photos, autopsy photos, internet searches, cellphone photos, text messages between Meyer and others, surveillance videos of vehicles and comments made to police officers during the investigation.

DeRango argued that some comments made to police were hearsay and not admissible. He characterized internet searches, which he said the state allege were made by Meyer prior to the deaths, as “dubious” and “prejudicial” to his client.

He argued that the prosecution should not be given a “blanket pass” for presenting evidence.

Leisten argued that the evidence was relevant and, based on case law, should be allowed. “The jury can weigh the evidence,” Leisten said.

DeRango said there were 6,000 pages of discovery and over 1,000 text messages between Meyer and a friend prior to the deaths. He said the messages were made in the midst of a “contentious divorce” and, he argued, that some of the messages were taken out of context and should not be allowed as evidence.

Leisten disagreed, arguing that the messages showed it was a “planned homicide” and showed “what was going on in the defendant’s mind”.

Maggie (Rosko) Meyer, a teacher at the Chana Education Center, filed for divorce in 2014. Court records show the divorce was finalized in September 2016.

Tuesday’s hearing was one of several since the murder charges were filed in October 2019.

In November 2022, Roe ruled that Duane Meyer’s cellphone records would be allowed as evidence at the trial.

When asked by Roe how long of a trial attorneys were expecting, Ogle County State’s Attorney Mike Rock estimated the trial could take two weeks. DeRango said the defense portion would take three days.

Meyer remains in the Ogle County Correctional Center on a $10 million bond.