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

  • US Army Major General Assassinated in Afghanistan

    AddThis Social Bookmark Button

    U.S. Major General Harold Greene was assassinated, and fifteen other high ranking military personnel wounded, in a broad daylight staged attack during a joint visit to a UK military training facility in Afghanistan.

     
  • 323 Feature Films In Contention For 2014 Best Picture Oscar

    AddThis Social Bookmark Button

    LOS ANGELES, CA – Three hundred twenty-three feature films are eligible for the 2014 Academy Awards®, the Academy of Motion Picture Arts and Sciences announced today.

     
  • Money News: Retirement Solutions for the Affluent

    AddThis Social Bookmark Button

    Having a comfortable nest egg is not a guarantee that retirement worries will vanish. According to a recent Gallup Poll, the majority of Americans, low income as well as the more affluent, report to be “very” to “moderately” concerned about their retirement savings.

     
  • Money News: DOW, US Markets Strong; World Markets Close UP

    AddThis Social Bookmark Button

    The four major US Markets stayed strong throughout the week, as the world markets rallied on the news of the G20 summit, and consumer confidence remained high heading into the make or break holiday shopping season.

     
  • Money News: North American Markets, London, Hong Kong Close Down; Nikkei, Shanghai, France, Rally

    AddThis Social Bookmark Button

    The DOW Jones Industrial Average, NASDAQ, the S&P 500, unable to shake the Bear possibilities, announced by industry analysts, coupled with the continuing concern over an ever growing ISIS threat has marked a down turn in investment confidence.

Crime

  • UPDATED:Three Dead, Nine Injured in Louisiana Theater Shooting

    AddThis Social Bookmark Button

    Three are dead and at least nine injured, including the shooter, as a lone white man opened fire in a crowded Lafayette, Louisiana, Theater about twenty minutes into the screening of the Amy Schumer comedy TrainWreck.

     
  • Notorious Cold Blooded Killer to Face Murder Charges

    AddThis Social Bookmark Button

    Juan Elias Carlos, 21, a pint sized killing machine, has been returned to the United States to face murder charges in the execution style deaths of his former lover and her two year old son.

     
  • Chattanooga Bus Driver Has Court Appearance; Employer Knew of Complaints

    AddThis Social Bookmark Button

    Johnthony Walker, 24, the bus driver that intentionally crashed his vehicle filled with children, had a brief court hearing Tuesday where he learned his preliminary hearing was postponed until December 15, 2017. His bail remains at $107,500.00.

     
  • Jealousy Alleged Motive in Houston Family Massacre

    AddThis Social Bookmark Button

    A jealous former lover entered the Houston suburb home of his former girlfriend, through an unlocked window Saturday night, and proceeded to restrain and systemically execute every member of the family, including his own biological son.

     
  • Kim Kardashian West Robbed at Gunpoint; Kanye West Cancels Concert Mid-Song Citing "Family Emergency"

    AddThis Social Bookmark Button

    Kim Kardashian West, reality television star and wife of musician Kanye West, was robbed at gunpoint of $10million dollars in jewelry while staying at a private residence in Paris for Fashion Week, according to media reports and her publicist.

Theatre, Music, Books

  • Jayne Avaunt, Canada's Newest Pop Sensation, Hits U.S. Airwaves

    AddThis Social Bookmark Button

    Jayne Avaunt, Canada’s newest pop sensation, is now blazing the Americans musical charts with her hit single, Hear Me. Hear Jayne out with Hear Me,and see what bloggers are talking about.

     
  • NYPD Green Book Review - Page Turning Detective Thriller

    AddThis Social Bookmark Button

    NYPD Green, a memoir from Luke Waters, details his life from undocumented Irish immigrant to ranking detective in one of the largest police departments in the world solving horrendous cases and the interactions and working with other judicial agencies.

     
  • The Sword & Scabbard: Thieves and Thugs and the Bloody Massacre in Boston - A Page Turning Thriller

    AddThis Social Bookmark Button

    The Sword & Scabbard, from Allen Woods, looks as if it would appeal to Boston’s very tony elite, not until pushing through the labyrinth of technology interruptions does one realizes Woods has created a page turning account of corruption, violence, and a bloody re-revolution massacre.

     
  • Interstellar Soundtrack with Music By Hans Zimmer Out In Time For The Holidays

    AddThis Social Bookmark Button

    (October 28, 2014 – Los Angeles, CA) WaterTower Music today proudly announces the November 18 release of Interstellar: Original Motion Picture Soundtrack, with music by renowned composer Hans Zimmer, whose career has earned him Grammy, Golden Globe, Classical Brit, Academy, Tony, and American Music Awards.

     
  • Honeymoon In Vegas Review – Go For The Music, Stay For The Elvis Impersonators

    AddThis Social Bookmark Button

    Writing reviews to send out is actually quite difficult for me.  The truth is, I’m a theatre snob, and I’m pretty hard to please.  Without creative geniuses such as Rodgers and Hammerstein, Leonard Bernstein, or even Stephen Sondheim, it’s hard for me to give my endorsement.  Not this time.  You will love ‘Honeymoon In Vegas’.