The attorney for Deerfield Beach teen Wayne Treacy, who is accused of beating classmate Ratley nearly to death, will be using a temporary insanity defense at trial after a judge granted his motion during a status hearing Wednesday.
A judge denied a motion to reconsider bond for the South Florida teen facing attempted murder charges for nearly beating another teen to death outside Deerfield Beach Middle School.
The judge said 17-year-old Wayne Treacy's attorney will have to take his order to the the Fourth District Court of Appeal. Treacy's trial is set to start in February, but no specific date has been scheduled.
Treacy has been charged as an adult with attempted murder and has been behind bars since the March 17, 2010 attack on the then 15-year-old Josie Lou Ratley at a bus stop outside the school.
Police say Treacy, who was also 15 at the time of the attack, sought out Ratley after she sent him text messages about his older brother, Michael, who had recently committed suicide.
Ratley suffered severe brain damage in the attack and spent over 40 days at the pediatric intensive care unit at Broward General Medical Center before she was released.
Last month, Treacy's attorney, Russell Williams, filed a motion to use a temporary insanity defense. Williams said Treacy was not in control of what he was doing at the time of the attack.
Treacy faces up to 50 years behind bars if convicted.