Slenderman Tween Found Incompetent to Stand Trial; Legal Commentary By Whitey Bulger Defense Attorney Hank Brennan

AddThis Social Bookmark Button

Morgan Geyser, 12, known as one half of the Slenderman Killers, who stabbed a twelve year old friend 19 times, has been found incompetent to stand trial for her participation in the crimes that shocked this tiny Wisconsin city.

Geyser, who was identified by the victim as her "best friend" along with Anissa Wier, also 12, allegedly meticulously planned the May 31 attack luring the victim to a park, where they repeatedly stabbed her, narrowly missing her major arteries, and leaving her for dead in a cult sacrifice devotion killing to prove allegiance and loyalty to the fictional Slenderman.

The victim suffered internal, although not life threatening, injuries with stab wounds on her stomach, pancreas, and liver. Physicians indicated the child's heart had also been touched, but not penetrated, by the knife.

The victim, whose identity has not been released, has repeatedly stated her desire to live was the force that propelled her as she crawled from the scene to a bike path where she was found.

The two preteens have been charged with two counts of Attempted First Degree murder and face up to sixty years in prison.

The appalling, sophisticated, pre-mediated crime that garnered international publicity included code words used throughout the three month planning stage and pre-arranged "go" phrases and words that would initiate the stabbing.

Although motive has been placed on an allegiance to the fictional character seen on creepypasta.com the reward the girls expected for their devotion has never been discussed. At arrest they were walking toward Nicolet National Forest, where they believed Slenderman lived in a Mansion.

Legal Commentary

Hank Brennan, co-defense attorney in the recent trial, and lead counsel in the appellate process, for James "Whitey" Bulger, the notorious Boston Mobster, explained and clarified the recent decision and ruling.

"In the 'Slenderman' case, the defense obtained an expert who evaluated the accused and determined that she was "mentally incompetent to proceed with her defense."  This is the pre-trial assertion that the trial should not even occur.  Since the defense made the assertion, the prosecutor is entitled to have their own doctor, or, depending on the jurisdiction, one appointed by the court, to evaluate the accused to determine competency." 

What then? "After the prosecutor's expert reports their findings the court will have a hearing and both sides can introduce witnesses, expert testimony, and other evidence to support their position.  Ultimately, the court will decide whether the accused is competent to stand trial.  If the Court determines the accused is competent to stand trial there will be a trial.  If there is a trial the defense may pursue mental defect as a partial or total defense to the charges."

Isn't that simply a way out? "If the court determines that the defendant is incompetent to stand trial a number of things can happen.  Depending on the jurisdiction, a judge can take steps to assist the accused in gaining competency through medication, treatment, or other means.  Typically, an accused will remain incarcerated in a secure mental health facility during this period.  In most jurisdictions, an accused can be incarcerated, usually at a mental health facility until they become competent.  Sometimes an accused will remain incarcerated until they die if they never achieve competency.  In other jurisdictions, a person can be released if they are deemed incompetent to stand trial.  If an accused is deemed incompetent to stand trial there is a regular period of review by a doctor to determine if the competency issue has changed.  Each jurisdiction has specific rules relative to competency and the procedures that are followed if someone is deemed incompetent.  In some jurisdictions the rules can provide a judge discretion to choose release or continued incarceration."

About 10 years ago, co-counsel on Bulger, J.W. Carney Jr. and I tried a murder case where the defendant had at one point been deemed not competent to stand trial. (He was acquitted of murder and convicted of manslaughter.) He remained incarcerated for many years.  He was diagnosed with cancer and shortly after his diagnosis a doctor determined that he was competent to stand trial.  A few years ago, in Massachusetts, a judge concluded that a man accused of first degree murder was incompetent to stand trial and there were no programs or likelihood of competence and in consequence released the accused and dismissed the charges."

Slenderman was originally created as a fictional character, unusually tall, thin, featureless, the slender man was created in 2009 and went viral with unrelated authors using the fictional characters in various artistic expression predominately horror assigning fantasies of abduction primarily of children or other child directed crimes.

The girls have maintained they believed the character was real.  

Hank Brennan, previously a District Attorney in Suffolk and Essex Counties, he received accommodations for his trial advocacy from the Suffolk Law School and American Bar Association Brennan joined the Bulger Defense team in 2011 and conducted the majority of the cross examinations during the trial.

Haute Tease

  • Glenn Frey, Guitarist and Co-Founder of the Eagles Dies

    AddThis Social Bookmark Button

    Glenn Frey, a name synonymous with rock and roll, co-founder of the legendary Eagles rock band has died due to post-surgical complications from degenerative intestinal issues that plagued the guitarist for most of his career. He was 67.

     
  • Danny Kaye Sandwich To Join Carnegie Deli Menu

    AddThis Social Bookmark Button

    Iconic entertainer and humanitarian Danny Kaye will be honored, Monday, April 29, as his namesake sandwich joins the menu of the famed NYC staple in his Centennial year. Media are welcome and encouraged to attend.

     
  • LUXE Rodeo Drive Hotel Earns Prestigious AAA Four-Diamond Rating

    AddThis Social Bookmark Button

    BEVERLY HILLS (June 30, 2014) –The Luxe Rodeo Drive Hotel has been selected as a recipient of the prestigious AAA Four-Diamond Rating.  AAA, a not-for-profit federation that services more than 53 million members in the United States and Canada, approves only five percent of its 29,000 properties for this distinction.

     
  • Updated: Associated Press Reports Attempted Turkish Coup; 264 Dead

    AddThis Social Bookmark Button

    The Associated Press has reported an attempted Turkish Coup initiated from a group within the military resulting in gunfire exchanges in two locations, Ankara the capital and Istanbul, the scene of the recent terror attack.

     
  • Keeping Up With The Joneses Review – High Tech Humor Meets Slapstick Suburbia Fun

    AddThis Social Bookmark Button

    Keeping Up With The Joneses, from Fox 2000 Pictures and Parkes+MacDonald Image Nation, presents a slapstick funny dramedy with engaging, over the top characters and action as two glamorous undercover agents are outed by the suburban neighbors next door.

     
  • Capella Pedregal’s Popular Trunk Show Will Feature Trendsetting Fashion Designer, Chan Luu October 31 to November 3, 2013

    AddThis Social Bookmark Button

    A core Capella Hotels and Resorts tenet is curating one-of-a-kind experiences for its guests and the stylish Capella Pedregal continues this rich tradition with its intimate fashion trunk shows known as the “Capella Collection Trunk Show Series.”

     
  • Celebrity Photos: Joel Edgerton, Lucy Liu, Daisy Ridley, Parker Sawyers Announce Medalists at 2016 Student Academy Awards®

    AddThis Social Bookmark Button

    The Academy of Motion Picture Arts and Sciences tonight honored 17 student winners from colleges and universities around the world at the 43rd Student Academy Awards® ceremony, held at the Samuel Goldwyn Theater in Beverly Hills. 

     
  • Beltway Insider: Trump Visits France; Bastille Day; Bi-Laterals; Russian Links Grow; PA Murders, Cold Case Heats Up

    AddThis Social Bookmark Button

    President Donald Trump spent Bastille Day, the French National Holiday, with French President Emmanuel Macron for a continuation of bi-laterals followed by participation in the ceremonies marking the 100th Anniversary of American military support of the French people.

     
  • Griffin’s Kiosk – A Secure Display Mount for iPad Use in Retail and Commercial Setting

    AddThis Social Bookmark Button

    Griffin Technology, one of the world’s foremost creators of innovations for everyday life, has announced the immediate availability of Kiosk, a secure display mount for all iPad models.

     
  • Beltway Insider: Obama Attends World Forum; G7 Suspends Russia; Putin Attempts Diplomacy; Christie’s Sinking Ship

    AddThis Social Bookmark Button

    President Obama traveled this week to Eastern Europe to meet with fellow Heads of State at the World Forum in an ongoing effort to build solidarity in key matters including the Ukraine, Nuclear Security, the Syria Conflict and Russian sanctions.

     
  • The ProAccurate Digital Scale Review – Attractive, Easy to Use, Exact

    AddThis Social Bookmark Button

    A pinch of this; a dollop of that; Measuring ingredients can be a fine art especially when recipes fail to convert the most common measuring systems to the measuring cups and spoons usually stocked in most kitchens.

     
  • Cal Phil Takes Center Stage With During Festival On The Green At Santa Anita Race Track Saturday August 10

    AddThis Social Bookmark Button

    Arcadia – The San Gabriel Mountains will come alive with the glorious sounds of music when Cal Phil presents Rodgers, Hammerstein and Gershwin during Festival on the Green at Santa Anita Race Track, Saturday August 10, 2013. 

 

Login Form