In the following memorandum, which is followed by a character reference letter written by Luke Wenke’s mother, public defender Alexander Anzalone urges the federal court in Buffalo, New York to sentence Luke Wenke to 18 months in prison followed by three years of supervised release, which reflects a downward departure from the standard sentencing guidelines for cyberstalking. Anzalone describes Wenke’s stalking and harassment of a Minnesota-based attorney as out-of-character and claims that Wenke understands the severity of his actions, stating, “Mr. Wenke is the first to admit that he got carried away.”

Anzalone goes on to say that Luke Wenke acknowledged the impact of the COVID-19 pandemic on his mental health and expressed an interest in receiving treatment. He also insists that Wenke understands the severity of his conduct, why it was taken so seriously by the authorities, and why the victim (“Victim 1”) felt threatened. Furthermore, Anzalone refutes probation’s assertion that Wenke displayed a “pattern of … stalking, threatening, harassing, or assaulting” Victim 1.

The case was overseen by the Honorable Frank L. Sinatra, Jr., who reportedly questioned whether 18 months was enough prison time for Luke Wenke to understand the gravity of his behaviour. Sinatra ultimately accepted the terms of a plea agreement between Wenke and prosecutors, which called for the same sentence.