Login Form

Hank Brennan, Famed Defense Attorney, Answers Questions on Scotty McMillan Defendants

AddThis Social Bookmark Button

The murder of Scott McMillan, the three year old savagely beaten and systematically tortured over a three day period by his mother and boyfriend, has drawn attention from media, legal scholars and  commentators.

Hank Brennan, famed attorney and co-counsel in the mobster trial for James "Whitey" Bulger and lead counsel in the appellate process to secure the notorious gangster a second trial based on government corruption is providing legal commentary for Haute-Lifestyle.com.

As the three defendants are set to appear in a Pennsylvania courtroom this month for arraignment, we posed rather basic questions to Mr. Brennan based on the facts that have been released surrounding the culpability of all adults at the scene.

The questions posed to Mr. Brennan, may sound simplistic, as he said "This is one of the most tragic and heart wrenching cases I have seen. As a criminal defense attorney you train yourself to ensure emotion is not part of the legal assessment. It is an almost impossible task to separate emotion from the facts of this case and it strains human nature to expect a jury to look at this case dispassionately."

Janet Walker: Does the possibility exist under the law to have the third person owner/primary renter of the home charged with the same crimes and face the same death penalty or life in prison considering she was present and has not denied being present?"

Hank Brennan: A person cannot be convicted of a crime unless they fall within one of the following categories: The person was actively involved in committing the criminal act; helped assist in the preparation of the act; or were involved in a conspiracy or joint-venture to commit the act.

A conspiracy or joint-venture basically means that the person shared the mental state necessary to commit the act and were willing to assist if necessary, even if they did not actively assist.

An owner or primary renter of a home where a crime occurred, regardless of how heinous, has no criminal liability if they did not help prepare, cover-up or share in the mental state necessary to commit the act.

Equally troublesome is that "good-Samaritan" laws generally do not impose criminal liability for failure to act unless the person created the risk and abandoned the victim who suffered as a result of the persons conduct.  States have varying laws relative to duty to act but essentially the consequences are limited to the civil system not the criminal system.  

The principal is basic, a person should not be punished for a criminal act they had no part of.  It may be incomprehensible that a parent would retreat behind the excuse that they did not want to get involved in the murder of a child but the law does not punish mere presence.  

 JW: Can her remarks of not wanting to get involved don't fly as the violence occurred in her home and thus by association make her a suspect in the abuse and as guilty and could even be grounds to create reasonable doubt in the mothers defense sending her to death row also."

HB: The government could have a viable case against the mother/primary renter on a theory of joint-venture.

The government merely needs to demonstrate presence, which she admits, along with the shared mental intent (intent to kill/malice). The government does not need to prove she committed any act. Rather, that she was willing to assist if necessary.

A compelling argument exists that she was willing to assist. She provided the opportunity, the means (her residence), and an inference exists that she shared the mental state.  No person could watch such brutality and not share the same malice. The jury could infer malice from the circumstances and given her conduct I would expect any jury to extend the inference as far as the law would allow.  To passively watch the vicious murder of a child creates an inference she shared the mental state of malice.

Complete prosecution of all involved, present or not, in the murder of Scott McMillan is the charge of the prosecutor. It is the charge of the media and every agency to bear pressure upon the system so as to ensure not one person, no matter how far removed from the dirty, dingy trailer where the lifeless boy was placed on an deflated mattress and left to die  escape unpunished.

 

Haute Tease

  • Hackett Mill Galleries Presents David Park and Milton Avery Upcoming Exhibition

    AddThis Social Bookmark Button

    Hackett Mill is pleased to present the first major exhibition to bring together Milton Avery (1885-1965) and David Park (1910-1960), examining two pioneers who each initiated major mid-20th century art movements while working within two different cultural contexts.

     
  • Diamond Rivière Necklace Formerly Owned By Zsa Zsa Gabor At Bonhams New York

    AddThis Social Bookmark Button

    A magnificent diamond rivière necklace formerly owned by Zsa Zsa Gabor – the women who stated she had never met a diamond she didn't like – is up for auction at Bonham's New York this December 4, 2017.

     
  • Charlie Hebdo, The Survivor’s Edition, Has Hit Newsstands

    AddThis Social Bookmark Button

    Charlie Hebdo, the survivor's edition, has hit newsstands and for the once struggling newspaper, the irony isn't lost on the remaining staff that buckled down, reminiscent of September 11 New York scribes, who through the tears remained true to the calling.

     
  • Oscar Week Events at The Academy

    AddThis Social Bookmark Button

    BEVERLY HILLS, CA — Leading up to The Oscars®, the Academy will present a slate of public events celebrating this year’s nominees.  This year’s activities in Los Angeles will include a live concert at UCLA’s Royce Hall highlighting the nominated musical scores and songs. 

     
  • Kino Lorber Acquires All US and Canadian Rights To Leyla Bouzid’s As I Open My Eyes, Before the US Premiere At Tribeca Film Festival

    AddThis Social Bookmark Button

    Kino Lorber is announcing the acquisition of all US and Canadian rights to Leyla Bouzid's "impressive debut" (Variety) As I Open My Eyes, just a week prior to the film's US Premiere on April 14, 2016, at the Tribeca Film Festival in New York City.  

  • Academy’s Tech Council Adds Seven New Members

    AddThis Social Bookmark Button

    Nafees Bin Zafar, Maryann Brandon, Bill Corso, Andrea Kalas, Ai-Ling Lee, Leon Silverman and Steve Yedlin have accepted invitations to join the Science and Technology Council of the Academy of Motion Picture Arts and Sciences.  

  • Journey To A Galaxy Far, Far Away As Disney Twenty-Three Gives Fans Unprecedented Access To Star Wars: The Force Awakens

    AddThis Social Bookmark Button

    To celebrate the release of Star Wars: The Force Awakens, Disney twenty-three unlocks the power of the force to give fans a look behind the making of the newest installment in the Star Wars saga.

Donate Elite

It's the desire at Haute-Lifestyle.com to keep journalism free. Running a business, however, dictates what is now a common dilemma; a paywall, subscription or donation. Thank you for your donation.