Three months after Morgan E. Geyser was found incompetent, a medical expert has determined that the 12-year-old is now competent to face criminal proceedings.
Geyser, charged with attempted first-degree intentional homicide, had been receiving treatment at the Winnebago Mental Health Institute since a judge ruled her incompetent in August. She is accused of nearly stabbing her friend to death as a way to prove herself worthy to a fictitious Internet horror character called Slender Man.
Competency is largely based on whether the court determines a defendant has the mental capacity to assist their attorneys in the defense.
Waukesha County Circuit Court Judge Michael Bohren revealed in court on Wednesday, Nov. 12, that Kenneth Casimir, a doctor in Appleton who specializes in psychiatry, filed a report saying Geyser now has the mental capacity to understand the proceedings and to assist in her own defense.
'To me, that means she's competent to proceed,' Bohren said at last week's hearing.
No details of Casimir's report were given at the hearing, and Casimir was not in court.
Attorney's reaction
Geyser's attorney, Anthony Cotton, had few comments after the hearing, saying he wanted more time to review the competency report. Cotton, who could challenge the ruling, said he received the doctor's report just days before the Nov. 12 status hearing. Casimir's report was filed with the court on Tuesday, Nov. 11.
As a result, Cotton requested time to consult with his team on what their next step will be. He also was given permission by Bohren and the state to disclose the competency report with his team of experts. The results are typically sealed.
'I want to talk to our experts about what our strategy will be,' Cotton said in court.
Asked after last week's hearing if he was surprised by Casimir's findings, Cotton said: 'Different doctors are doing different evaluations. We got to talk to Morgan and see how we're going to address this.'
Bohren, who has the final ruling on Geyser's competency, granted Cotton the time he requested and all parties reconvened in court on Tuesday, Nov. 18. For results from that hearing, see www.jsonline.com/news/waukesha. Until then, Geyser returned to the Winnebago Mental Health Institute in Oshkosh.
Basis for evaluation
Like she has throughout the case, Geyser appeared in court on Nov. 12 and nodded her head when she was asked questions by Cotton.
In a competency hearing in August, two doctors told the court Geyser was incompetent, but believed with proper treatment she could become competent. The doctors said in their interviews with Geyser this summer that Geyser told them she has a 'strong bond' with Slender Man, whom she 'idolizes,' that she has the ability to see unicorns and can communicate 'telepathically' with fantasy characters, including Teenage Mutant Ninja Turtles.
She told one doctor her 'primary concern' was not to anger Slender Man. The doctor said Geyser did not understand the severity of the situation she is in. That doctor also said Geyser believed if she angered Slender Man it would put herself and family in danger.
Under state statute, Geyser had one year to become competent.
Weier's competency
Meanwhile, a competency hearing will be held for the other suspect in the case, Anissa E. Weier, on Dec. 18.
A court-ordered doctor ruled Weier competent to proceed, while a doctor hired by Weier's attorney, Joseph Smith Jr., said Weier is incompetent.
The two doctors will be questioned by the state and defense team on their findings at the hearing next month. Weier, who just turned 13 years old on Nov. 10, has been confined to the Washington County Juvenile Detention Center in West Bend since being charged.
According to the criminal complaint, Geyser and Weier plotted for months to kill a fellow classmate and attempted to follow through on their intentions the morning after they celebrated Geyser's 12th birthday on May 31. The complaint said they lured the victim into a wooded area in Waukesha and stabbed her 19 times, before leaving her to die.
Victim's ongoing recovery
The victim, Payton Leutner, managed to crawl out of the woods and was found by a passing bicyclist, who then called 911.
According to Leutner's surgeon, one of the stab wounds to her chest missed a major artery near her heart by one millimeter. If the knife had hit that artery, Leutner would have died within minutes, authorities said.
Leutner returned to school this fall and has continued to receive medical and psychological treatment in her recovery.