Judge denies Geyser's petition for release (2024)

WAUKESHA — Waukesha County Circuit Judge Michael O. Bohren denied the petition of Slender Man actor Morgan Geyser to be conditionally released from a mental hospital on Wednesday, saying the primary concern is her reliability in reporting what is happening to her to a support team.

Geyser, clad in civilian clothing, sat expressionless in court as Bohren issued his ruling, nearly 10 years after she and Anissa Weier stabbed classmate Payton Leutner in May 2014 to appease the fictional internet character Slender Man. All were 12 at the time.

Two doctors testified Wednesday that they did not believe Geyser was ready for conditional release, with one of them, Dr. Deborah Collins, saying she could be ready within a year if she continues on her current treatment trajectory. Two others testified Thursday they believed Geyser was ready to be released at this point.

But Bohren pointed to concerns about Geyser’s ability to reliably report her symptoms to caregivers after she recently said she never had a psychotic spectrum disorder like the schizophrenia she’d been diagnosed with previously. Geyser told a therapist she made up her symptoms to avoid returning home, where she said she was sexually assaulted by her father. Her father is now deceased. But the doctors pointed to years of records documenting her treatment and said they did not believe she could feign her symptoms.

Doctors testify

On Wednesday, Dr. Deborah Collins testified she did not believe Geyser was appropriate for conditional release, but could be within six months to a year if she continued on her current path of treatment.

Dr. Brooke Lundbohm testified Wednesday and again Thursday, saying that the last documented act of aggression toward herself or others was a 2021 suicide attempt after hearing voices. There also was disclosure of a previous incident where Geyser swallowed a battery. But since then she’s been actively engaged in her treatment and has a number of goals in both the short and long terms and she’s working toward meeting them, Lundbohm said. She said Geyser had been compliant with her medications, and there’s been “no overt psychosis” since anti-psychotic meds were discontinued in 2022. Geyser is now diagnosed with post-traumatic stress disorder and anxiety disorders.

But Lundbohm said on cross examination that she did not believe now was the right time for Geyser to given conditional release from the Winnebago Mental Health Institution. She said a significant concern was the claim she faked symptoms, which creates a “real concern about whether or not she is in fact being forthcoming regarding what she’s experienced.”

She added a person on conditional release doesn’t have the same support structure as those in a mental health center, where staff and treatment providers can respond immediately if she gets distressed. In the community, the treatment team is relying on her insight into her own mental health and ability to communicate her concerns so they can respond appropriately.

The defense then called Dr. Kenneth Robbins, former medical director at Mendota Mental Health Institution, and who like the other doctors has interviewed Geyser in the past. He said now is an appropriate time for Geyser to be conditionally released, even using the term “ideal.” He said Geyser has improved quite dramatically but has reached the end of things Winnebago can help her with. Such things include help with socialization, education and becoming independent, he said, adding the downside of her remaining at the hospital outweighs the upside of her remaining there.

“At some point if she’s in an institution too long I am afraid she going to get stuck,” and not be able to mature, he said.

He recommended Geyser be released to a structured group home, with age-appropriate peers, and an opportunity to further her education as part of her maturation process toward becoming a productive citizen.

Dr. Kayla Pope, medical director at Winnebago, agreed with Robbins’ assessment, saying, “I think at this point she is safe to return to the community and I don’t know much more that could be done to make her safer.”

Judge: Risk concerns paramount

Ted Szczupakiewicz, the longtime lead prosecutor in the case, urged Bohren to heed the opinions of Lundbohm and Collins. He said the law requires a petition for conditional release to be granted unless a judge finds “clear and convincing evidence”that a person poses a risk to himself or others or property, and the doctors demonstrated that to be the case. He added Leutner’s family is “vehemently opposed” to Geyser’s release.

But defense attorney Tony Cotton said of the four doctors that testified, two said Geyser was ready for release, another said she’s almost there, and only one said she wasn’t. He said any remaining concerns could be worked out in the time it takes for a conditional release plan to be drawn up.

Cotton said Geyser has optimized the opportunities available to her, a team is already in place to help her get ready for a transition to the community that will likely come eventually, and release could be revoked if problems arise.

But Bohren said Geyser’s claim that she faked hallucinations to avoid returning home to alleged abuse that wasn’t disclosed until recently created credibility issues when “the credibility of the reporter is exceptionally important.” Other concerns, he said, were that there was no information on where Geyser was to live or with whom, how she would support herself with tenuous but improving family contacts, or how monitors would make sure Geyser remains compliant with medications.

“This court is satisfied that the credibility issue undermines Miss Geyser’s stay at the institution and until that credibility issue is resolved that risk is high,” Bohren said.

“This was a personal, brutal attack on another person. This is hands on if you will, this is bloody, gory. But that kind of dangerous conduct is what the risk is. Do we know if someone will repeat it? We don’t know. But this court’s responsibility is to be sure the risk has lessened,” Bohren said.

Afterward, Cotton said in a statement, “We continue to believe that Morgan will be safe once she is returned to the community. Morgan has made immense progress in treatment and has maximized the services and therapy available at the institution. We anticipate filing another petition for her release in six months. In the meantime, Morgan will continue to follow the rules of the institution and heavily invest herself in continued treatment.”

Judge denies Geyser's petition for release (2024)

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