FORT LAUDERDALE (CBSMIAMI) — The lawyer for Wayne Treacy convinced a Broward judge Friday to intervene if Josie Lou Ratley isn’t made available for questioning by defense attorneys for Treacy.

According to the South Florida Sun-Sentinel, defense attorney Russell Williams has been trying since last August to conduct an interview with Ratley under oath to see what she remembers about the events leading up to her brutal beating in 2010.

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Ratley was allegedly beaten by Treacy after sending a text message to the Pompano Beach teenager. Treacy knocked Ratley to the ground and began stomping on her head; stopping only when a teacher intervened.

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Ratley suffered brain damage from the attack and according to her attorney, has no recollection of the events of the day leading up to the beating.

According to the Sun-Sentinel, Williams is planning to argue that Treacy is not guilty because of insanity due to untreated post traumatic stress disorder and wasn’t aware of exactly what he was doing.

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Prosecutors, according to the Sun-Sentinel, counter saying Treacy sent a message to Ratley threatening to kill her, sent messages to friends about what he was going to do, wrote out a short will, put on a pair of steel-toed boots and bicycled three miles to attack Ratley outside of Deerfield Beach Middle School.