Login Form

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

  • 20 Scientific and Technical Achievements Under Consideration For 2015 Academy Awards®

    AddThis Social Bookmark Button

    The Scientific and Technical Awards Committee of the Academy of Motion Picture Arts and Sciences announced today that 20 scientific and technical achievements, involving 11 distinct investigations, have been selected for further consideration for 2015 Academy Awards.  

  • LONDON Terror Attack: Four Killed; 40 Injured in Lone Wolf Islamic Attack; Eight Arrests in Birmingham and London

    AddThis Social Bookmark Button

    A lone wolf terrorist known to MI5 was shot and killed during an early afternoon Wednesday terror attack that began on London's Westminster Bridge and ended with police engaging the suspect as he entered the House of Parliament grounds.

     
  • SELMA - Watch the First Trailer and Take a Voting Literacy Test

    AddThis Social Bookmark Button

    SELMA is the story of a movement. The film chronicles the tumultuous three-month period in 1965, when Dr. Martin Luther King, Jr. led a dangerous campaign to secure equal voting rights in the face of violent opposition.  

     
  • GOP Nominees Faced with Financial Woes - Road to the White House - Election 2012 - Week 13

    AddThis Social Bookmark Button

    The Road to the White House is a costly one and as the process approaches mid-primary season, funding for the GOP Presidential primary campaigns are suffering from a shortfall of the single most important element needed: Money.

     
  • Mind, Body and Moon: Auriga Spa at The Capella Pedregal, Cabo San Lucas Unveils Indigenous New Treatments Based on the Four Phases Of The Moon

    AddThis Social Bookmark Button

    Cabo San Lucas – Health and wellness reign at Capella Pedregal which is home to Auriga spa, regarded as one of the top of its ilk globally, with praise coming from prestigious news outlets such as Travel + Leisure and TripAdvisor which named Auriga as one of “The World’s Greatest Hotel Spas.”

     
  • Do You Have the Jitters? Top Six Surprising Causes For Anxiety

    AddThis Social Bookmark Button

    Ever have those nagging feelings that something terrible is about to happen, or terrible unwanted thoughts or unexplained nausea, headaches, nosebleeds?   Did you know that there are "external" factors/habits in our daily lives that can increase anxiety?

     
  • Sundance Grand Jury Documentary Prize Winner “Rich Hill” Finds Distribution Home with The Orchard And Independent Lens

    AddThis Social Bookmark Button

    March 17, 2014 – Los Angeles, CA Filmmakers Tracy Droz Tragos and Andrew Droz Palermo announced today that the Emmy Award-winning television series Independent Lens will partner with film and music distribution company The Orchard to distribute their film RICH HILL, winner of the 2014 Sundance Grand Jury Prize for Best Documentary.