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

  • Looking For a Good Pour: Hard Liquor Capitals Around The World

    AddThis Social Bookmark Button

    When it comes to alcohol consumption, people can get their fix in many ways. Between wine, beer and hard liquor, the various brands and types can seem endless. Given the long-standing history of alcohol, it’s no wonder people have been able to create so many varieties.

     
  • AFI FEST 2013 presented by Audi Centerpiece Gala Selections Announced: World Premiere of “Out of the Furnace,” Nebraska,” and A Tribute to Bruce Dern, “The Secret Life of Walter Mitty”

    AddThis Social Bookmark Button

    FOR IMMEDIATE RELEASE, Los Angeles, CA, September 30, 2013 – The American Film Institute (AFI) announced today additional red carpet Centerpiece Galas at AFI FEST presented by Audi, including the World Premiere of Scott Cooper’s OUT OF THE FURNACE; Alexander Payne’s NEBRASKA; accompanied by a Tribute to Bruce Dern; and THE SECRET LIFE OF WALTER MITTY, directed by and starring Ben Stiller.

     
  • The Academy Launches 2016 Student Academy Awards® Competition

    AddThis Social Bookmark Button

    The Academy is now accepting entries for its 2016 Student Academy Awards® competition.  All Student Academy Award® winners become eligible for Oscars® consideration.  The entry deadline for submissions is Wednesday, June 1.  

  • The Hurt, Set to Release “Sleeping,” Featuring Lyrics Co-Written by Rikki Turner and Stephen Evans

    AddThis Social Bookmark Button

    The Hurt, an electronica, post punk, sound with Rikki Turner of Paris Angels teaming with Stephen Evans of Cabbage, co-write lyrics that have been called a brooding masterpiece, is set to release Sleeping from Blindside Records in May.  

  • Alive and Kicking Review - A Mind Blowing Rush

    AddThis Social Bookmark Button

    Alive and Kicking, from Magnolia Pictures, presents a definitive documentary on Swing Dancing, a lost art that is experiencing revival, with men and women in every corner of the world suddenly dancing to music long forgotten.

     
  • Blue Soap Music Announces New Releases, Tour Dates, For Molly Warburton, Ilana J, Hicari, Niamh Crowther and Tom Jarvis

    AddThis Social Bookmark Button

    We're delighted to be working with Tom Jarvis, a UK based singer songwriter who won national attention following the huge success of his debut EP. Tom releases a double A side single in early August and is available for live sessions and interviews.  

  • JSix San Diego Review - Six Reasons To Succumb To The ‘Chef's Mercy‎’ Menu

    AddThis Social Bookmark Button

    JSix, a neighborhood bar and restaurant, located in San Diego's kinetic, community-centric East Village, offers warm hospitality, culinary whimsy, craft cocktail ingenuity, a seasonally-driven menu committed to hormone-free, sustainable and organic "farm-to-fork" dishes, that create a gastronomic experience that leaves you wanting.