Cook County prosecutors may be rethinking their decision to try 16-year-old Eliza Wasni as an adult, as she is still confined in the juvenile detention center in the wake of her involvement in a bizarre and brutal killing that made headlines over Memorial Day Weekend in 2017.
Since her arrest, Ms. Wasni has been involved in over 60 disciplinary incidents, including a number of violent outbursts against staff members. The young woman has also missed two court dates over the past several months due to hospitalizations for an unknown condition or conditions. During a recent hearing, the judge admonished Ms. Wasni that she could face additional charges if her behavior does not improve. Also, somewhat cryptically, the judge told the girl that full compliance with detention center rules “may make your situation better.”
Ms. Wasni’s attorney told the court that his client was “doing her best” to not cause trouble.
The Two Components of Criminal Cases
It should go without saying that anyone who fatally stabs a stranger probably has serious issues, and ironically in this case, the anger issues that seemingly cloud Ms. Wasni’s future might also salvage it.
Even though there is no eyewitness, it may be futile to challenge the actus reus, or criminal conduct in this case. The girl obtained the murder weapon from a department store and she was the only occupant in the car, other than the victim, at the time of the murder.
However, the mens rea, or mental element, is a different story. If Ms. Wasni had tried to rob Grant Nelson, the Uber driver who picked her up at Walmart that fatal night, prosecutors might be able to try her under the felony murder rule, and intent would be easier for the state’s attorney to establish.
But in the clear absence of such facts, the state must prove that Ms. Wasni either intended to kill Mr. Nelson or at least intended to inflict great bodily harm. Given the other facts in the case, and specifically her young age and behavioral issues, such intent may be difficult to establish. There are basically two approaches:
- Insanity: If Ms. Wasni did not understand what she was doing due to her young age, that would not be the basis for an insanity defense, since the defendant must establish that a mental disease or defect prevented him/her from forming the requisite intent. But arguably, the young woman’s anger issues may have sufficiently clouded her mind and these issues may now serve as a legal defense.
- Incapacity: Here, Ms. Wasni’s age is relevant because children have underdeveloped brains and they are biologically incapable of understanding the full consequences of their actions.
If she is convicted, and that is a big “if,” the Supreme Court has strongly indicated that long sentences for youthful offenders constitute cruel and unusual punishment, so there are arguments to be made on her behalf in this stage, as well.
Count on Experienced Lawyers
Most all criminal cases have two basic components. For a confidential consultation with an experienced criminal law attorney in Schaumburg, contact Glasgow & Olsson.
(image courtesy of Dan Gold)