Defense Presents Case at Wayne Treacy Trial

Trial of South Florida teen charged with attempted murder of girl continues

Attorneys for the South Florida teen accused of almost beating another teenager to death outside Deerfield Beach Middle School presented their case Wednesday.

Wayne Treacy, 17, is charged as an adult with attempted murder in the March 17, 2010 attack on Josie Ratley at a bus stop outside the school.

The defense began presenting their insanity defense after the prosecution rested on Wednesday. They claim Treacy suffered from post-traumatic stress disorder and was not in control of what he was doing at the time of the attack.

Police said Treacy sought out Ratley, who was 15 at the time, after she sent him text messages about his older brother, Michael, who had recently committed suicide.

Ratley, who will not testify during the trial, suffered severe brain damage in the attack and spent over 40 days at the pediatric intensive care unit at Broward General Medical Center.

Treacy's mother, Donna Powers, testified about the day she and her son found Michael hanging from a tree. She said Michael committed suicide on the day they planned to go to the beach for Treacy's birthday.

"I went to go to the officer and then I realized Michael was hanging in the tree," she told the court. "And then I fell into Wayne's arms and there was screaming. I went to call my husband, Wayne was yelling, 'Cut my brother down, cut my brother down.'"

Jeanne Burtnett, the Broward Sheriff's Office forensic computer investigator, testified for the state about what she found on the Treacy family computer the day before the attack on Ratley. She said someone who logged in as Wayne searched Google for "how to kill someone" and "how to commit murder."

Earlier in the day, the prosecution and defense teams argued about evidence allowed in the courtroom. The judge ruled photos of Treacy’s brother’s suicide will be shown, but a decision has not been made about the interrogation video in which Treacy confesses to the crime.

On Tuesday, the doctor who treated Ratley the night of the attack described how close she came to dying on the operating table.

"Her brain started to swell, it's happening fast, it's happening bad and that usually kills you, we couldn't put the skull bone back on," Dr. Randall Powell said. "After surgery, I took her to the pediatric intensive care unit and told Dr. Laspada 'I don't think she's gonna make it.' She was barely clinging to life, we could barely detect any sparks of life but she was still alive, which I thought was amazing."

Also testifying Tuesday were several witnesses to the attack, including students and the teacher who stopped Treacy's attack on Ratley.

"I saw two, possibly three kicks," Walter Welsh said. "Now I got close to him and he had his leg cocked to kick her again and I left my feet, hit him pretty hard and knocked him backwards."

Treacy has been held without bond since the attack. He faces up to 50 years behind bars if convicted.

Copyright AP - Associated Press
Contact Us