Posted on July 2, 2014 at 3:35 PM
(ABC News)-- A 12-year-old girl accused of helping to stab a friend 19 times to please a fictional character known as the Slender Man has been found for a second time to be not competent for trial, but prosecutors have asked for a third test on her mental status.
Morgan Geyser must undergo a third evaluation requested by the prosecution to determine if she has a mental disease or defect that could affect the case.
Geyser and Anissa Weier, both 12, made separate appearances in court today. They are charged with first degree attempted murder and the shackles on their wrists could be heard jangling as they entered and exited the courtroom.
The pre-teens are charged in the alleged stabbing of a friend May 31. Authorities said the girls admitted assaulting their friend as a means to please the Slender Man, a faceless fictional character.
Geyser’s legal team ordered a private psychological evaluation following the attack which concluded she was not competent to assist in her defense.
"We were seeing things that just didn’t make sense and hearing things that just didn’t make sense,” her attorney Anthony Cotton told ABC News.
The court ordered a second test from a different doctor, the results of which were shared in court today.
Cotton said that if the prosecution accepted the findings from the court-ordered exam, Geyser would be sent to a mental institution to undergo treatment that could potentially determine if she has a mental condition. Instead, she remains in jail because the prosecution has ordered a test to determine her mental state at the time of the attack, which is called an ‘NGI’ test because it is commonly used in conjunction with ‘not guilty by reason of insanity’ pleas, the lawyer said.
“They don’t know what the diagnosis is," Cotton said. "It may be something they’ve never seen before... We’re losing precious time because the state’s doctors could be evaluating her and talking to her about who her imaginary friends are.”
Geyser was the first of the two girls to appear in the Waukesha County Courthouse this morning and she was accompanied by her attorneys Donna Kuchler and Anthony Cotton.
Her mother cried silently from a seat in the courtroom when Geyser appeared in court.
Geyser had a long braid on the right side of her face that she fidgeted with throughout the hearing.
Weier appeared in a separate hearing. Her father was in the courtroom but remained stoic during the brief hearing.
Weier's attorneys had not ordered a competency evaluation, so her hearing was focused on logistical issues between her legal team and the court.
Her public defender, Joseph Smith Jr., said he was reserving his ability to request a competency hearing at a later date.
Geyser and Weier are being tried as adults because Wisconsin law dictates that anyone above the age of 10 charged with first degree murder or attempted murder will not be considered juveniles.
The 12-year-old victim, who has not been identified because of her age, was said to have nearly died from her wounds but has since been released from hospital and her parents have released new details about her recovery.
"She continues to amaze us in her ability to persevere and move forward – taking one day at a time," they said in a statement their family spokesman Stephen Lyons shared with ABC News today. "Much of our strength comes from knowing that there is so much 'good' coming from so many people, and we continue to witness this firsthand from the compassion given to our little girl from around the world."
"Both the mother, father, little girl and her brother are working with professionals to not only deal with the little girl's physical injuries but her emotional ones as well," Lyons said. "They are so thankful for the support for their medical bills. That's why the GoFundMe.com/HeartsForHealingWI campaign is so important and special to this family."
"The preliminary hearing won't take place for at least 30 days, and probably even later than that."