WAUKESHA, Wis. — Morgan Geyser's attorney is asking a judge to release her from jail and return her to a mental health facility.
Tony Cotton wrote to Waukesha County Judge Scott Wagner, arguing it's improper to hold Geyser in jail because she doesn't face any new criminal charges in the county.
Tony Cotton letter to judge by TMJ4 News
Geyser, one of the two Waukesha teens sentenced in the 2014 stabbing of classmate Payton Leutner, has been held at the jail since she was returned to Wisconsin from Illinois.
Geyser was arrested in Posen, Illinois, after cutting off her ankle monitor and escaping from her group home in Madison.
Cotton asked that Geyser be moved back to the Winnebago Mental Health Facility, where she was treated before her release.
On Wednesday, the state filed a response regarding the placement of Geyser.
To clarify that response, Assistant District Attorney Abbey Nickolie provided the following statement:
"In looking at the law governing this particular issue we confirmed that the decision of where an individual is held pending the decision on the petition to revoke conditional release, lies solely with DHS. In conformity with those laws, we informed the Judge of why we were not taking a position on where she is held. This response has no bearing on our position that we will be supporting the petition to have her conditional release revoked."
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