Ninth Circuit Judge Andrew Doyle granted a state motion Monday to release Marcy J. Oglesby from the Knox County jail on her own recognizance.
Oglesby, 51, of Maquon, was previously charged with murdering the village’s former police chief.
Oglesby was initially arrested last fall and charged with felony concealment of death following the discovery of a decomposed body in a Maquon storage unit.
The body was later identified as 71-year-old Richard Young.
In February, the Knox County State’s Attorney’s office filed amended charges of murder, aggravated battery with a toxic substance, and concealment of a homicidal death.
Prosecutors allege Ogleby fatally poisoned Young with eye drops and other medication, then hid his body in the storage unit.
But in March, Doyle granted a defense motion to dismiss the amended charges over concerns Oglesby’s right to a speedy trial were being violated.
The state has appealed that decision to the Fourth District Appellate Court in Springfield.
Meanwhile, Oglesby was still being held in the Knox County jail on the initial concealment of death charge, along with forgery and firearm charges.
Assistant State’s Attorney Ashley Worby said when the state files an appeal, the defendant is typically released because there are no longer pending charges.
“It can take months to a year to receive a decision from an appellate court. In this case, because she wasn’t incarcerated on the new charges, we were able to keep her in,” Worby told TSPR. “However, with the appeal still pending and the defense continuing to attempt to push the matter to trial, we had no other option than to release her.”
Oglesby is represented by public defenders.
Worby said Oglesby will be transferred to Fulton County, where she has pending charges for writing bad checks.
“It will now depend on what happens in Fulton as to her custody status,” Worby said.
Doyle outlined other conditions for Oglesby’s release, should she not stay in custody in Fulton County.
She must have no contact with the owner of the home where Young was allegedly poisoned and she must have a cell phone with location services turned on.
But Oglesby will be allowed to make a supervised visit to the home to gather personal belongings.
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