Almost immediately after Luke Wenke was ordered to undergo involuntary inpatient treatment at a mental health facility in April of last year, his public defender appealed the decision on Wenke’s behalf.
The defense attorney, Timothy P. Murphy, also filed the following “Motion to Stay” urging the court to postpone Wenke’s transfer to a medical facility pending the outcome of his appeal. The document notes that Luke Wenke’s appeal is “likely to succeed on the merits” while accusing one of the experts who psychoanalyzed Wenke, Dr. Corey Leidenfrost, of basing his opinion on misinformation.
(And nevermind the fact that Dr. Leidenfrost appears extremely qualified to provide an opinion, based his credentials…)
Wenke’s attorney went on to chastise Dr. Leidenfrost for failing to consult Wenke’s family or his attorney in order to learn more about his mindset and circumstances. He also refuted Dr. Leidenfrost’s conclusion that Luke Wenke suffers from persecutory, romantic, and grandiose delusions, noting that Luke Wenke understood rules and was capable of following them, as evidenced by his survival in genpop at MCC Chicago.
And Mr. Murphy has a wonderful point here. Based on my interactions with Wenke over many years, I believe he’s far more lucid than the court credits him for. I’ve said it so many times, I probably sound like a broken record: Luke Wenke knows the difference between right and wrong, and he knowingly chooses to commit wrong.
I don’t dispute that he’s mentally ill. In fact, I partially agree with the government’s belief that Luke Wenke is delusional. But being mentally ill doesn’t automatically mean that a defendant is incapable of understanding the charges against them and assisting with their defense, and I VERY, VERY STRONGLY BELIEVE that Luke Wenke is far more coherent than certain parties involved in the case are willing to acknowledge.
Luke Wenke’s Motion to Stay: Denied
In its response to Wenke’s motion, the U.S. Government (aka the prosecution) urged the court not to grant the stay while accusing Wenke of seeking to “bootstrap” a separate analysis he had undergone while in BOP custody.
In short, the U.S. Attorneys assigned to the case argued that the judge based his decision to commit Luke Wenke on sound, reliable information from trustworthy experts. The judge denied the motion, which isn’t surprising, since he’s the same judge who ordered Wenke into treatment in the first place. Wenke was transferred to a medical prison in Massachusetts to begin his mandatory treatment, and the case was turned over to the U.S. Court of Appeals for the Second Circuit in New York City.
USA v. Luke Wenke – Motion to Stay
May 9th, 2025
CASE #1:22-cr-00035, Dkt. #202
USA v. Luke Wenke – Motion to Stay – Doc. #202 – 05/09/2025