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

  • Guillermo Del Toro and Duplass Brothers Lead Academy’s Fall Programming Slate

    AddThis Social Bookmark Button

    The Academy of Motion Picture Arts and Sciences today announced its fall programming slate, beginning with "This Is Duplass: An Evening with Jay and Mark" and "In the Labyrinth: A Conversation with Guillermo del Toro" hosted by Academy Museum Director Kerry Brougher.  

  • Michael Skakel, Kennedy Cousin, Set To Be Released

    AddThis Social Bookmark Button

    Michael Skakel, nephew to the late Robert F. Kennedy, is set to be released from the Connecticut prison where he has spent the last 11years for the 1975 bludgeoning death of neighbor Martha Moxley.

     
  • Jayson Brunsdon Spring Collection - A Destination of the Imagination

    AddThis Social Bookmark Button

    Australian Jayson Brunsdon previewed his 2008 Spring/Summer collection at New York's IMG Mercedes-Benz Fashion Week seducing the audience with his alluring visions of the famed Far East.

     
  • Academy Hosts Governors Ball Media Preview

    AddThis Social Bookmark Button

    The Academy Of Motion Pictures Arts and Sciences recently presented, to a select group of Los Angles media, the Producing and event team selected for the upcoming 85th Annual Governors Ball.

     
  • 20th Anniversary Screening of "The Shawshank Redemption" With Frank Darabont, Morgan Freeman and Tim Robbins Highlights Academy's November Programs

    AddThis Social Bookmark Button

    LOS ANGELES, CA – A 20th anniversary screening of “The Shawshank Redemption”; restorations of Mary Pickford’s “Little Annie Rooney” and Charlie Chaplin’s “The Bank”; a screening series and panel discussion complementing the landmark Hollywood Costume exhibition; and six diverse films from director Edgar G. Ulmer are all part of the Academy of Motion Picture Arts and Sciences’ November programs. Ticket holders for Hollywood Costume will receive free same-day admission to Hollywood Costume-related public programs.

     
  • Breaking: Former Trump Campaign Manager Indicted on Conspiracy Against United States

    AddThis Social Bookmark Button

    Paul Manafort, the former campaign manager and business associate for President Donald J. Trump, has been indicted in a 12 count indictment that a federal grand jury returned Friday and ordered sealed by a federal judge.

     
  • Celebrity Interview: Talking with Lydia Tenaglia on Jeremiah Tower; Getting the Greenlight, Challenges and Memorable Moments

    AddThis Social Bookmark Button

    Arguably Lydia Tenaglia has the best job in television, as producer for CNN's Part's Unknown with Chef Anthony Bourdain, her gig that takes her to hidden corners of the earth showcasing local culinary customs and bringing cultural delicacies to the world.