It appears as though Luke Wenke has experienced a setback in his attempt to challenge his forced commitment to mental health treatment as part of his appeal case. In a motion order that was handed down on September 9th, 2025, a panel of judges for the U.S. Second Circuit Court of Appeals in New York City denied Wenke’s motion to stay his transfer to a treatment facility while the appeal is ongoing.
The document notes that the Appellant – in other words, Luke Wenke – has failed to meet the requisite standard for a stay pending appeal. This means that he’ll likely remain at his current facility (FMC Devens in Massachusetts) at least until his projected release date of October 7th, 2025.
Luke Wenke: Competent But Mentally Ill
In April of this year, the district court judge who oversaw Wenke’s case in Buffalo, New York deemed him competent but mentally ill and ordered him to undergo involuntary care at a “suitable facility” as an alternative to traditional incarceration. The decision came following the prosecution’s argument that Luke Wenke suffers from delusions that make him dangerous, while the defence denied that Wenke is delusional and argued that treatment would likely be “futile.”
Luke Wenke appealed the judge’s ruling and filed a Motion to Stay with the district court in Buffalo, which is essentially a request to delay the start of his forced hospitalization and keep him in county jail while the appeal is ongoing. The Honorable John L. Sintara Jr. denied the district-level motion to stay, and Wenke’s public defender filed a similar request with the appeals court.
I don’t know what the next steps of the appeals process entail, but I’m assuming that the appeal case itself is ongoing. If there are any options for Luke Wenke to fight his case, however trivial or redundant they may be, I’m confident he’ll pursue them.
Luke Wenke (Appeal) – Motion Order
September 9th, 2025
CASE #25-1165, DOCKET ENTRY #37.1
Luke Wenke Appeal – Motion Order