After being ordered to undergo inpatient treatment for a “mental disease or defect” despite being deemed competent, Luke Wenke appealed his federal criminal case. In May, Assistant Federal Public Defender Timothy P. Murphy, who recently joined Wenke’s defence team, filed a Motion to Stay the enforcement of the judge’s decision and treatment order. His argument justifying a stay is based largely on the claim that Luke Wenke is not delusional.

After the district court denied the Motion to Stay, the defence filed a similar document with the Second Circuit Court of Appeals, which is overseeing Luke Wenke’s appeal. The motion appears to be awaiting a response from the court.

Defence: Luke Wenke Is Not Delusional

Murphy argues that Wenke’s involuntary treatment should be stayed based a few key factors. Here are some (but not all) of the factors mentioned in the motion:

• Likelihood of success: Highlight the findings of a separate mental evaluation that was performed by experts in Chicago, the defence claims that forensic psychologist Dr. Corey Leidenfrost was erroneous in his conclusion that Luke Wenke suffers from delusions. Additionally, Murphy points out that Leidenfrost only met with Luke Wenke in person on one occasion, and that the other experts observed him over a 45-day period.

  One factor I strongly agree with is the defence’s assertion that Luke Wenke has demonstrated that he’s capable of following rules, even when he’s not on psychotropic medication.

  Furthermore, the defence challenges Dr. Leidenfrost’s opinion that Luke Wenke poses an imminent risk of violence.

• Irreparable harm and potential injury to the government: According to the defence, Luke Wenke will reach his max-out date for his probation violation conviction in October of this year. There would be no risk to the government by granting a stay, because Wenke would remain in custody even if he were to be spared from forced inpatient treatment.

The U.S. Government’s Position

In its response to the defence’s Motion to Stay, the U.S. Government (a/k/a/ the Prosecution) denies the defence’s claim that Luke Wenke’s appeal is likely to succeed. The document accuses the defendant (Wenke) of seeking “to bootstrap the analysis” of the Chicago experts and argues that this “reflects the inherent weakness in the defendant’s arguments about his likelihood to succeed on the merits.”

The government goes on to clarify that Dr. Leidenfrost did not merely accuse Luke Wenke of being delusional because of his belief in psychics and mediums, as the defence allegedly implies, but that these beliefs transcend into the delusional realm due to Wenke’s persistence in their favour even when shown evidence to the contrary. In other words, even when someone challenges Luke Wenke’s spiritual beliefs with evidence indicating that they might be inaccurate, he continues to cling to said beliefs.

According to the government, Luke Wenke would not suffer irreparable harm if the Motion to Stay were to be denied. In fact, it’s in the public’s best interests for Wenke to be committed to treatment before his maximum term expires (which, again, is in October of this year).

Motion to Stay: Denied

Perhaps not surprisingly, the district court judge who oversaw Luke Weke’s case denied the motion. In his written decision, the Honorable John L. Sinatra, Jr. states that the defence failed to demonstrate a strong showing that Luke Wenke is likely to succeed on the merits.

Describing Dr. Leidenfrost’s testimony as reliable, the judge notes that there is reason to believe that Wenke is suffering from a “mental disease or defect” and that he is at a high risk for future violence. He also mentions that Wenke “has no insight regarding his symptoms of serious mental illness” and will likely refuse psychiatric medication.

Judge Sinatra denies the claim that Wenke will be irreparably harmed in the event that the Motion for a Stay is denied. On the contrary, he points out that the court’s order committing Wenke to treatment is intended for his benefit, and that it’s also in the public’s best interests for Wenke to undergo inpatient care.