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

  • Mike Wallace Dead at 93

    AddThis Social Bookmark Button

    Mike Wallace, hard-hitting television correspondent, the face of Sixty Minutes, whose very name was synonymous with interrogative, investigative journalism., has died.

     
  • Celeb Photos: Premieres and Parties at the Annual Austin Film & Music Festival

    AddThis Social Bookmark Button

    Hollywood event company A-List Communications wrapped its annual premiere program of film events at its popular Arts & Cinema Centre with sponsors Maestro Dobel Tequila and Blue Moon Brewing at Basecamp and Summit venues located at 120 West 5th Street in Austin, TX.

     
  • 31 to Make World Premiere at the 2016 Sundance Film Festival

    AddThis Social Bookmark Button

    31, written and directed by Rob Zombie will make its World Premiere in the Midnight section at the 2016 Sundance Film Festival. The Sundance Film Festival takes place January 21-31 in Park City, Salt Lake City, Ogden and Sundance, Utah.  

  • Breathtaking Malibu Beachfront Property Hits Market

    AddThis Social Bookmark Button

    A stunning Malibu beachfront four bedroom triplex situated in the coveted Malibu Colony Cove Community, with brilliant, dramatic Pacific Ocean views as well as direct beach access, has recently hit the market.

     
  • 20 Contenders Advance In VFX OSCAR® Race

    AddThis Social Bookmark Button

    The Academy of Motion Picture Arts and Sciences today announced that 20 films are in the running in the Visual Effects category for the upcoming 89th Academy Awards® held on Sunday, February 26, 2017, at the Dolby Theatre. 

     
  • Bijou French Bistro La Jolla Review - Epicure Tour De Force

    AddThis Social Bookmark Button

    "Bijou" is French for "jewel," which is a fitting moniker for this enchanting eatery nestled in the heart of La Jolla, boasting a plum position on Prospect Street. While Bijou French Bistrois relatively new on the scene, celebrating its first anniversary in June 2015, Bijou's roots extend much deeper into San Diego's renowned culinary culture.

     
  • Phoenix Demon Dad Murders Infant Son

    AddThis Social Bookmark Button

    Robert Anthony Resendiz, 30, has been charged in the murder of his six month old infant son on December 19, 2017 after he admitted to authorities of using approximately 65% of his strength to silence the baby.