The Luke Wenke Files

During a status conference on April 16th, 2024, the judge overseeing Luke Wenke’s cyberstalking case and subsequent probation violations discussed the results of Wenke’s court-ordered psychiatric evaluation with the prosecution and defence. The hearing came on the heels of an assessment that was performed by Dr. Corey Leidenfrost, a forensic psychologist who specializes in mental evaluations and dangerousness in mentally ill criminal defendants.

During the proceeding, which was overseen by the Honorable Frank L. Sinatra, Jr., the parties debated whether to proceed straight to sentencing or if it would be more appropriate to hold a special hearing under 18 U.S. Code § 4244, a federal statute which provides a sentencing option for convicted defendants who are in need of treatment for a “mental disease or defect.”

At the time, Luke Wenke was awaiting sentencing for his second federal probation violation conviction. He had pleaded guilty to one out of five probation violation charges in late 2023, but remained unsentenced amid rising concerns over his mental health. The judge had ordered Dr. Leidenfrost’s evaluation after revoking Wenke’s ankle monitor and remanding him to the Orleans County Jail due to his alarming online behaviour, along with difficulties situating an appropriate outpatient treatment plan.

Prosecution: Evaluation Results Raise “Significant Concerns” About Luke Wenke

The contents of the evaluation report were sealed to protect Wenke’s privacy, but based on the interactions throughout the hearing, it seems as though Dr. Leidenfrost made some harsh conclusions about the defendant’s mental condition and dangerousness. Representing the prosecution, U.S. Attorney Michael DiGiacomo did not seem surprised by the evaluation’s results, stating, “We’ve had our concerns from the onset.”

Wenke’s public defender at the time, Frank Passafiume, expressed contrasting sentiments, stating, “I have a lot of issues with the report, Judge.” He referred to the report’s contents as “some wild stuff,” adding, “I don’t think anybody in this Court could foresee what was in there.” Passafiume said the defence might be willing to proceed straight to sentencing if the report’s speculation about Wenke’s dangerousness were left out of any documents that were forwarded to the Bureau of Prisons.

DiGiacomo adamantly opposed disregarding the evaluation — which, he argues, is just one of two completed evaluations that “raised significant concerns regarding Mr. Wenke.” He made it clear that he was against the idea of the court “casting aside” Dr. Leidenfrost’s report, and the judge ultimately granted the defence’s request to have yet another evaluation done by a different psychiatric expert.

USA v. Luke Wenke – Transcript
April 16^th, 2024

Categories: Competency, court documents: transcripts; Luke Wenke, obsessions: letter writing obsession