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

  • Beltway Insider Special: Hillary Clinton’s Post Election Self-Examination

    AddThis Social Bookmark Button

    Hillary Clinton is out; no longer hiking in the woods securing a fresh perspective, the former Presidential Candidate has opened herself to the media to discuss with logical reasoning the electoral loss that cost the people her Presidency.

     
  • The Academy Presents “An Animation Showcase: From Celluloid to CGI” In New York

    AddThis Social Bookmark Button

    The Academy of Motion Picture Arts and Sciences will present “An Animation Showcase: From Celluloid to CGI,” featuring a panel discussion with LAIKA and a sneak peek of Disney-Pixar’s “Inside Out,” running from April 24 – May 29, 2015, in New York. 

     
  • The World Premiere Of The Gambler To Play AFI Fest presented by Audi; Red Carpet Gala to take place at the Dolby Theatre

    AddThis Social Bookmark Button

    FOR IMMEDIATE RELEASE, LOS ANGELES, CA,October 13, 2014– The American Film Institute (AFI) announced today that Paramount Pictures' THE GAMBLER will have its World Premiere on Monday, November 10, 2014 at AFI FEST presented by Audi.

     
  • OJ Simpson Granted Parole in Nevada

    AddThis Social Bookmark Button

    Orenthal James "O.J." Simpson, the former football great, has been granted parole in Nevada where he has served nine years of a thirty-three year sentence for armed robbery and kidnapping in conjunction with theft of sports memorabilia in Las Vegas.

     
  • AMOUR, from 2012 Cannes Palm d’Or Winner Michael Haneke, with poignant realism, tells the story of life, love and death

    AddThis Social Bookmark Button

    AMOUR from, two-time Palm d’Or winner, Director Michael Haneke recently premiered to a sold out audience at the AFI Film Festival in Hollywood, California.

Crime

  • Yellowstone Cold Case Remains Unsolved

    AddThis Social Bookmark Button

    Scarface, the once 600lb grizzly bear known to roam free in the vast wilderness of Yellowstone National Park was shot and killed last November near Gardiner, Montana, after wandering just north of the Park's boundaries.  

  • PA Mom, Lover Held In Torture Murder of Toddler

    AddThis Social Bookmark Button

    Scott McMillan, 3, according to the Chester County Township District Attorney Tom Hogan, was the victim of sadistic torture and repeated beatings, of which killed him after a beating spree that began after he refused to eat breakfast.

     
  • Central Park Five Settles Decade Long Civil Suit

    AddThis Social Bookmark Button

    The Central Park Five, found guilty in a sham trial for the vicious sexual assault and attempted murder of a white investment banker jogging in Central Park in spring 1989, have settled a decade long civil suit, for $40 million, with New York City.

     
  • Breaking News: 13 Dead On Campus; 20 injured in Oregon Mass Shooting

    AddThis Social Bookmark Button

    A lone gunman opened fire on the Umpqua Community College Campus in Roseburg, Oregon this morning killing 13 students and injuring 20 in an all too common scenario that left the shooter “neutralized” and reportedly deceased at the scene.  

  • Four Dead, Including Two Special Education Students, in San Bernardino Elementary School Shooting

    AddThis Social Bookmark Button

    Two special education first grade students, their teacher and her estranged husband died in the murder-suicide shooting at North Park Elementary school, in San Bernardino California, stemming from what authorities are calling an escalating domestic violence separation.

Theatre, Music, Books

  • Seven Continents Book Review - The World At Your Fingertips

    AddThis Social Bookmark Button

    Seven Continents, from Schiffer Publishing, brings together an unforgettable fifteen year collection of photography amassed through personal travel by Dr. Mohan Bhasker, of unique and remarkable imagery, the expected and the unexpected captures, across each continent.

     
  • 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.

     
  • BACKSTAGE PAST: The High Times of Legendary Rock Promoter Barry Fey

    AddThis Social Bookmark Button

    BACKSTAGE PAST, the auto bio road trip from legendary promoter Barry Fey, reveals the dressing room romps of Rock n' Roll royalty from a career that spans forty years of music madness.

     
  • Season of Salt and Honey Review - Charming Depiction of Twists and Turns Life Serves Up

    AddThis Social Bookmark Button

    Season of Salt and Honey, a novel by Hannah Tunnicliffe, is another page turner penned with her skillful artistic strokes adding layers of human emotions intertwining untimely heartache and natural healing process with the magic remedies of culinary creations.

     
  • 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.