The U.S. government has submitted its brief in the appeal case of USA v. Luke Wenke, marking a step in the fight against Wenke’s attempt to challenge his forced commitment to psychiatric treatment. In it, the prosecution highlights the court’s leniency toward Wenke after he was repeatedly found guilty of violating his supervised release. The government also notes that in the past, Wenke requested mental treatment (and acknowledged his need for it) as part of a proposed resolution to his case, yet he argued that forced hospitalisation was unnecessary.
The court accommodated these previous requests for treatment despite the prosecution’s argument that Wenke deserved to be sent back to prison for his probation violations, which consisted entirely of contacting victims in violation of protective orders and court-imposed contact bans. After repeatedly being deemed competent following multiple evaluations, Wenke underwent several assessments to determine whether he was suffering from a “mental disease or defect” warranting a need for inpatient treatment.
Prosecution: Luke Wenke is Delusional & Dangerous
The prosecution argues that Luke Wenke suffers from various types of delusions, as evidenced by his romantic obsession with a man named Ryan, who he met once and barely knows, and his apparent belief that I (KV) am conspiring with the authorities to keep them apart. This argument, which refutes the defence’s claim that Wenke is not delusional, is supported by testimony from forensic psychologist Dr. Corey Leidenfrost, who cited Wenke’s arguably unconventional spiritual beliefs as a contributing factor to his so-called delusions.
The document goes on to state that Wenke fixated on me (KV) and another victim during one of his evaluations with Dr. Leidenfrost, and that he “repeatedly diverted the conversation, and seemed consumed by his spiritual beliefs.” Dr. Leidenfrost ultimately concluded that Wenke needs inpatient care, testifying that the defendant suffers “from a serious mental illness or mental disease or defect” and is at a high risk for violence.
In late April, the judge presiding over the case ruled that Luke Wenke needed compulsory mental health treatment at a “suitable facility.” He’s currently incarcerated at FMC Devens, a federal medical prison in Massachusetts, with current records listing a planned release date of October 7th, 2025.
The Government’s Response to Wenke’s Appeal
Throughout the case, Luke Wenke’s public defenders have argued that forced hospitalisation is unnecessary even if Wenke suffers from mental illness, and that there are local options for following Dr. Leidenfrost’s treatment recommendations. In its response to Wenke’s appeal brief, the U.S. government emphasises the trustworthiness and credibility of certain experts who evaluated the defendant’s mental health and the careful consideration that the district court judge used in his decision to commit Wenke to inpatient treatment.
The prosecution accuses Wenke of asking the appeals court to “substitute its own credibility assessments for that of the district court, even though this Court pays special deference to factual determinations going to credibility.” Or, put more simply, “the record supports the district court’s factual findings and Wenke can point to no clear error.” More specifically, the government accuses Wenke of attacking the judge’s “well-reasoned decision” to credit the expertise of Dr. Leidenfrost over other experts who evaluated Wenke and concluded that he is not delusional.
Furthermore, the prosecution’s brief points out how Wenke argued that it was necessary to consult his family and counsel in order to determine his mental health status, but that he offered no evidence to support this claim. In conclusion, the brief states that the appeals court should affirm the district court’s decision to institutionalise Wenke based on the lack of a basis for finding error in the existing record.
My Opinion
I’m not an expert, but I was close friends with Luke Wenke for many years. Since ending our friendship more than three years ago, I’ve adhered to a strict no-contact policy, so I admittedly don’t know how much his mental state has changed. But I’m willing to bet that it hasn’t improved and that, if anything, it has worsened.
Based on what I know from experience and what I’ve gleaned from the record and Wenke’s rambling letters to the court, I don’t believe he’s full-on delusional. I think he may suffer from certain delusions (particularly his romantic obsession with Ryan), but I strongly believe that the prosecution made a massive mistake by citing it as a catalyst of Wenke’s criminal tendencies.
In my opinion, Luke Wenke is obviously mentally unwell, but he isn’t nearly as detached from reality as certain parties involved in the case seem to believe. He was deemed competent several times and has never been deemed incompetent. From my understanding (and I’m a layperson so I could be wrong), this means that Wenke does not lack a fundamental understanding of the difference between right and wrong, and that he’s aware of his actions.
I’ve said it many times, and I’ll say it again: Luke Wenke is more evil than ill. Almost everything he does in his campaign to ruin lives is extremely thought-out and planned, even if it’s poorly executed and tends to backfire massively. In its hyperfocus on mental illness, the government seemed to overlook the blatantly and undeniably deliberate nature of Wenke’s crimes. He knowingly chooses to do wrong with a full awareness of the risks and consequences, but seems to think he’s above the law. From a practical standpoint, this doesn’t make him much different from any other standard-issue repeat stalker who refuses to leave their victims the fuck alone.
By forcibly hospitalising Luke Wenke, the authorities essentially conveyed that he’s not at fault for his actions because something’s wrong with his brain, even if this wasn’t the intended message. The decision to commit Wenke was akin to throwing accountability out the window entirely, in my opinion, and it seems to me like misguided compassion has taken a back seat to any realistic approach to protecting society. And in a country where a stalker’s “free speech” rights take legal precedence over victims’ safety, it’s not hard to believe that this could happen. In fact, it’s the only logical conclusion I can draw in a case where I’m listed as a victim in court documents, yet no one involved seems willing or able to tell me if Wenke will even be on supervision when he’s released.
There’s no ideal conclusion to the matter. If the judge had sentenced Wenke to supervision instead of forced treatment, I would’ve constantly feared for the safety of myself, my loved ones, my friends, and fellow victims. It also seems unlikely that any court will ban him from the internet, so I’m confident that the cyberstalking, harassment, and slander that he’s so well-known for will resume upon his release. While Wenke is locked up, I’m free from all that. But this reprieve is temporary, and I believe the situation will end much worse if Wenke manages to weasel out from intensive oversight following his reentry to society.
USA v. Luke Wenke: Appeal
Appellee Brief – 08/13/2025
USA v. Luke Wenke Appeal – Appellee Brief