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

  • Glee Fans Get A Final Goodbye For Beloved Character

    AddThis Social Bookmark Button

    “Glee” fans still reeling with sorrow from the untimely death of Cory Monteith will get the chance to say a final goodbye to the beloved character as FOX Television Studios finalizes the tribute.

     
  • Welcome to the World of Dinosaurs in this Epic Adventure for the Whole Family

    AddThis Social Bookmark Button
    LOS ANGELES (February 6, 2014) – Twentieth Century Fox Home Entertainment and BBC Earth Films invite you to bring home Walking with Dinosaurs The Movie, an awe-inspiring adventure 70 million years in the making, now stomping in just in time for Easter.  
  • Dry Creek Valley On Tour Brings More Than 25 Sonoma County Wineries To Los Angeles

    AddThis Social Bookmark Button

    Experience a taste of Sonoma County’s Dry Creek Valley on February 20, when more than 25 of the region’s wineries pour more than 100 wines at Culver City’s Smashbox Studios, alongside gourmet food pairings prepared by Food Network Chef Bob Blumer.

     
  • 2015 Tribeca Film Festival® Announces Total Attendance

    AddThis Social Bookmark Button

    The 2015 Tribeca Film Festival (TFF), co-founded by Robert De Niro, Jane Rosenthal and Craig Hatkoff, and presented by AT&T, today announced that during the Festival's 14th edition more than 467,000 people attended various events hosted by Tribeca Enterprises.

     
  • Tiger Shroff To Star in Official Indian Remake Of RAMBO, Directed By Siddharth Anand

    AddThis Social Bookmark Button

    India/Bollywood's rising action star Tiger Shroff (Baaghi, Heropanti) will star in the official Indian remake of Rambo, to be directed by Siddharth Anand (Bang Bang). M! Capital Ventures, Original Entertainment, Impact Films, and Siddharth Anand Pictures will co-produce the film.

Crime

  • Alpine High School Active Shooter Story Unfolds Differently; Officer Involved Shooting Wounds One

    AddThis Social Bookmark Button

    A freshman girl in West Texas committed suicide with a single self-inflicted gunshot this week after wounding a fellow female student at Alpine High School after the directed incident escalated resulting in an officer involved shooting of a fellow first responder.

     
  • Colorado Officials Find Remains of 170 People, Including Infant Boy, In Basement

    AddThis Social Bookmark Button

    The remains of 170 individuals who did not receive proper burial or cremation were discovered in the basement of a Montrose, Colorado funeral home after the property was purchased and the new funeral director began renovations.

     
  • People Exclusive: Husband of Murdered Texas Fitness Instructor Shares Theory on Who Killed His Wife: 'It Had to Be Someone She Knew'

    AddThis Social Bookmark Button

    Brandon Bevers, the husband of a Texas fitness instructor who was found dead inside a church last month just before she was to teach an early morning class, believes his wife knew her killer.

     
  • Miami Woman Savagely Beaten Remains Comatose

    AddThis Social Bookmark Button

    Danielle Jones, 23, a Miami, Florida caterer, is clinging to life after she was savagely beaten, bludgeoned, strangled, slashed and left for dead on Valentine's Day, which is also her birthday, by her roommate of one week that she found on Craigslist.

     
  • Shooting Erupts at LAX Airport; TSA Officer Killed

    AddThis Social Bookmark Button

    A Transportation Security Agency agent was shot and killed when a single suspect opened fire at the Los Angeles International Airport, firing as many as 20 rounds with a high powered assault weapon.

Theatre, Music, Books

  • San Diego Jazz Fest Features Traditional Jazz, Swing, Boogie Woogie, Rockabilly, Gospel, and Ragtime

    AddThis Social Bookmark Button

    San Diego, California, For Immedite Release - The San Diego Jazz Fest takes place November 26-November 30 and will feature over thirty bands and guest artists from across the U.S. playing for dancing and listening in seven venues.

     
  • HL Artist Interview: Joshua Haupt, the Steve Jobs of Marijuana, Talks Epilepsy, The Cost of Weed Knowledge and The Burning Debate

    AddThis Social Bookmark Button

    While the debate rages over medicinal marijuana in conservative states, one young man in Colorado is moving forward, with a mission. Undeterred by the challenges Joshua Haupt has partnered with several major consumer goods giants to introduce cannabis as an alternative treatment.   

     
  • The Art Of Discovery - Photographs By WireImage Co-Founder Jeff Vespa

    AddThis Social Bookmark Button

    LOS ANGELES, Ca. USA -  Jeff Vespa, co-founder of the largest entertainment photo agency in the world, WireImage and founder of Verge, will release his first monograph, The Art of Discovery, this October on Rizzoli International Publications.

     
  • Hollywood Celebrates The 100th Anniversary of Tinseltown’s First Ever Feature Film

    AddThis Social Bookmark Button

    (HOLLYWOOD, CA., MEDIA ALERT)--- Colossal. Stupendous. Epic. These Hollywood adjectives became clichés long ago. When used to describe the films of Cecil B. DeMille, they are accurate. This producer-director captured a worldwide audience with The King of KingsThe Sign of the Cross, The Greatest Show on Earth; Samson and Delilah, and The Ten Commandments. 

     
  • A Pink Suitcase Book Review – Empowering Stories from Women Who Dared

    AddThis Social Bookmark Button

    A Pink Suitcase, from World Traveler Press, presents twenty-two provocative individual stories of empowered woman who dared to fulfill their dreams of global expedition, from hiking the Appalachian Trail to entering Gutsy Gal adventures.