Fit to stand trial? Two girls charged in Slenderman stabbing case due in court

WAUKESHA (WITI) -- 12-year-old Morgan Geyser and 12-year-old Anissa Weier , the two girls accused of stabbing a classmate 19 times to please a fictional online character, are due in court Thursday, December 18th for a competency hearing.

In August, Geyser was found incompetent to proceed in the case against her, and put into treatment at the Winnebago Mental Health Complex. On Wednesday, November 12th, a doctor’s report indicated her mental state had improved — and suggested she is fit to stand trial.

Anthony Cotton, Geyser’s attorney, reviewed the report with his client — and in court on Tuesday, November 18th objected to its conclusions. Therefore, the competency hearing for December was requested. Cotton tells FOX6’s Myra Sanchick that Geyser still believes in Slenderman and other fictional characters.

“I think Morgan understands she’s in a courtroom. There is a judge. That seems clear to her, but I think there’s a whole other dimension to this that is compromising our ability to work with her,” Cotton said.

Back in August when Geyser was first declared incompetent, FOX6 News spoke with Marquette University Law School professor and former Wisconsin Supreme Court Justice Janine Geske.

“Most people become mentally competent within the year or there’s a determination they are never going to be mentally competent,” said Geske.

It’s important to remember that a defendant’s competency evaluation is not the same thing as determining that person’s mental state at the time of the crime. Geske explained that competency is based on the defendant’s ability to assist in her own defense.

“It has nothing to do with whether or not she’s guilty or not guilty by reason of insanity for the offense itself,” said Geske.

During a competency hearing Wednesday morning, October 22nd, a court-appointed doctor also found 12-year-old Anissa Weier competent to stand trial. However, Anissa Weier’s defense challenged that report, and a competency hearing was scheduled for December 18th.

“I don`t believe that has the required expertise to render an opinion,” said one of Weier’s attorney’s.

Weier’s attorneys have also consulted with a different doctor, who says Weier is not competent. One of their main concerns, is the state doctor`s experience in dealing with juveniles.

“If you`re not qualified to be rendering an opinion,  you may not be looking at the things that are most important -and so while it might be a valid opinion regarding an adult, when you`re dealing with someone who is 12, it is different,” said Weier’s attorney, Mora McMahon.

Both girls are due in court Thursday, December 18th. Weier is due in court at 8:30 a.m. and Geyser is due in court at 1:30 p.m.