In April 2022, Luke Wenke of Olean, New York pleaded guilty to cyberstalking in federal criminal court. He was sentenced to 18 months in prison followed by three years of supervised release.
According to court documents, Wenke’s sentence represented a significant diversion from the standard prison term for the charge. The judge had agreed to leniency based on Wenke’s status as a first-time offender and his seemingly genuine expressions of remorse.
Wenke’s decision to plead guilty spared me from having to testify for the prosecution, but I was disappointed that the case didn’t go to trial.
For reasons I’ll never understand, a lot of people seem to sympathise with or pity Wenke. It’s impossible to know how a jury would have ruled, but I would have preferred it over the plea-bargaining system. I understand why plea bargaining exists, but I think it’s extremely flawed and overly used. And I certainly don’t think it should be allowed when it comes to stalking and violations of no-contact orders.
The parties overseeing Wenke’s case clearly believed he was a good candidate for rehabilitation, although the judge reportedly seemed skeptical that a year-and-a-half in prison would be long enough to “correct” Wenke. The prosecutor and judge both took much different stances after Wenke’s first probation violation the following year, when Rudroff argued for prison time and the judge sentenced Wenke to time served.
Rudroff later admitted that he was wrong about an 18-month term being long enough for Wenke, and I appreciate his honesty. In fact, I think it’s a shame that he’s no longer on the case. Based on court transcripts, it seems like he cares a lot about public safety. I’m sure the people currently working the case also care, but Rudroff seemed to take a staunch no-nonsense approach to the situation, and I think that’s exactly what this case needs.
USA v. Luke Wenke (1:22-cr-00035)
Document #23: Plea Agreement – Filed April 18th, 2022