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Doctors: 12-year-old stabbing suspect incompetent

By WTOP Staff

DINESH RAMDE
Associated Press

WAUKESHA, Wis. (AP) — Doctors believe that one of the two 12-year-old Wisconsin girls accused of stabbing a classmate to please a fictional character is not mentally competent to stand trial, attorneys said Wednesday.

The prosecution immediately requested a hearing to discuss the conclusions, which assess whether the girl is capable of assisting in her own defense. One of the psychologists was hired by the defense and the other is a state-appointed doctor.

Prosecutors also asked that the girl be given a separate evaluation to determine whether she had mental disease at the moment the crime was committed. The move suggests they’re preparing for a possible insanity plea.

Waukesha County Judge Michael Bohren granted both requests and set the hearings for Aug. 1.

The girl, who according to the criminal complaint told police she stabbed the victim some 17 times, appeared in court separately from her co-defendant. Each wore blue prison garb and shuffled along slowly, their heads bowed and their cuffed hands clasped in front of them.

Prosecutors say the girls plotted for months to kill their 12-year-old friend to curry favor with the popular online specter known as Slender Man. They lured her to a park west of Milwaukee on May 31 and stabbed her 19 times in the arms, legs and torso, authorities said.

Doctors told police the knife narrowly missed a major artery near the victim’s heart. The child has since been released from a hospital and is recovering at home.

The two girls are charged in adult court with being party to attempted first-degree intentional homicide. The Associated Press is not naming them while there is a chance their cases will be sent to juvenile court — the ultimate goal of both defense attorneys.

Wisconsin law says no defendant who is mentally incompetent may be tried, convicted or sentenced. So that issue is a significant factor in whether court proceedings continue.

Typically when doctors for the state and the defense agree on a defendant’s incompetence, the judge halts proceedings and the defendant is committed to a mental hospital. If the defendant regains competence, the case resumes.

However, rather than accept the doctors’ conclusion, deputy district attorney Susan Opper requested a hearing so the judge could consider the issue further.

“It is up to the court, not the doctors, to decide” the issue of competency, Opper told The Associated Press in an email. “Competency to stand trial constitutes a judicial inquiry, not a medical determination.”

Opper also requested an examination to determine whether the girl had a mental disease or defect at the actual moment the crime was committed. That step doesn’t usually occur until a defendant enters an insanity plea, when a test is required to evaluate whether the plea is justified.

Defense attorney Anthony Cotton objected to the examination, noting that his client hadn’t entered a plea yet. But Opper said the question of mental disease could become relevant at some point, and she’d rather have the doctor’s evaluation sooner rather than later.

Even if his client is found incompetent, Cotton wants court proceedings to continue. He said the law prevents a trial, conviction or sentencing but it wouldn’t bar a preliminary hearing or efforts to have his client’s case moved to juvenile court.

“We didn’t raise the incompetence issue for strategic reasons,” Cotton said. “Our whole goal is to see she gets the help she needs.”

Opper said she would likely oppose any effort to continue if the girl were declared incompetent, citing state law that the court “shall suspend the proceedings” under such circumstances.

Joseph Smith Jr., the defense attorney for the second girl, said he had reason to believe mental competency would also be an issue in his client’s case. He asserted his right to raise the issue down the line.

___

Associated Press writer M.L. Johnson in Milwaukee contributed to this report. Dinesh Ramde can be reached at dramde@ap.org.

Copyright 2014 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

Don’t Settle for Student Loans to Pay for Online Education

By WTOP Staff
Online college programs are becoming a more popular choice for prospective students, with one study finding that more than 6 million students enrolled in at least one online course in fall 2015. The popularity of these courses can be attributed in part to their flexibility with working adults' schedules, students' ability to progress more quickly through online programs and, oftentimes, cheaper tuition. [See 10 low-cost online bachelor's programs for out-of-state students.]Online degrees can be beneficial to many college students, but some studies have shown online learners complete their programs at lower rates than students at traditional brick-and-mortar campuses. Individuals with student loans but no degree comprise two-thirds of defaulted borrowers. Though these numbers are not encouraging, just like for traditional programs, there are ways to reduce how much you'll need to borrow for an online program to ensure you won't become one of these statistics. Don't just settle on borrowing student loans to cover the whole cost of your program and living expenses. Instead, start thinking about how to cut costs and cover your balance in different ways, such as the following. -- Grants and scholarships: Even though you are taking an online course, you can still apply and receive grants and scholarships. But your first step should be to complete the Free Application for Federal Student Aid, commonly referred to as the FAFSA, which will allow you to receive a Pell Grant if your expected family contribution is low enough. The EFC criteria and award amounts are adjusted annually, but the 2017-2018 academic year awards range from $606 to $5,920, which could significantly lower the amount you borrow annually. Your next step is to apply for scholarships. You can start by checking online scholarship search engines, such as the Salt Scholarship Search, College Board's BigFuture and Peterson's. But don't forget to take advantage of local organizations and your school's financial aid office. Both may offer scholarships that you can't find with a national scholarship search. [Review these 10 sites to kick off your scholarship search.]For instance, organizations like the Elks Club, Knights of Columbus or the Rotary Club typically offer scholarships annually to local students. Just because you're going to school online doesn't mean you're ineligible. Visit your local library for scholarship listings, and ask around town. You might be surprised how many local organizations offer scholarships. While these scholarships typically aren't large, every little bit counts. Each dollar you receive in a scholarship is a dollar you don't have to borrow and pay interest on. -- Work-study: Another option for online students may be work-study awards. Not all students enrolled in online programs are eligible, but students at some schools -- including, for example, SUNY Empire State College and Liberty University -- are. Work-study awards are not given upfront like scholarships and grants. In most cases, they are an offer to earn up to the awarded amount if you secure an eligible work-study job. While there is a misconception that all work-study jobs must be on campus, students can work for off-campus, nonprofit or public employers as long as the work is in the public's interest. You may be able to work for a for-profit employer if the job is relevant to your course of study. No matter who the outside employer is, it will need to have an established agreement with your college for you to receive work-study funds. Remember, to be eligible for federal financial aid, you must be enrolled and pursuing a degree or certificate. If you're not working toward a credential, Pell Grants and work-study won't be option, but you may still be able to take advantage of private scholarships -- just be sure to read the eligibility criteria carefully. [Explore what to know about financial aid in online programs.]-- Pay as you go: One of the great benefits to enrolling online is the flexible schedule, which can allow you to complete your college coursework around your responsibilities. But prospective students often overlook using their part- or full-time job earnings as an option for paying for college. Almost 80 percent of college students in 2015 worked at least part time while attending classes, according to the National Center for Education Statistics. By budgeting and thinking strategically about your college costs, you can likely reduce your dependence on student loans by paying a portion out of pocket. Many -- but not all -- online programs are less expensive than traditional programs and often have shorter payment periods. Six, eight or 10 weeks are common course durations. Because of the frequency of payments in an online setting, you may be well-placed to pay as you go and possibly avoid borrowing altogether. Attending college online and avoiding student loans may be challenging, but if you are willing to put in the effort, you can limit the amount you need to borrow. More from U.S. News Q&A: Understanding Student Loan Discharge Eligibility Student Loan Refinancing Isn't Right for All Borrowers
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