WAUKESHA, Wis. – An attorney for one of two 12-year-old Wisconsin girls accused of stabbing a classmate to curry favor with a fictional online character is seeking access to the other girl's mental health records.
One girl, represented by attorney Anthony Cotton, has been found mentally incompetent by two doctors. Prosecutors have been granted a hearing Aug. 1 to challenge that conclusion.
Attorney Joseph Smith Jr. represents the other girl. He filed a motion Tuesday seeking access to the co-defendant's competency-evaluation reports.
Smith says the records aren't related to private patient care that the girl initiated, and thus her confidentiality rights are outweighed by his client's need to have the reports to prepare for further hearings.
The judge in the case will decide on the request. Cotton didn't immediately return a message Thursday.