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

  • Nelson Mandela, Anti-Apartheid Leader, Freedom Fighter, Dies at 95

    AddThis Social Bookmark Button

    Nelson Mandela, the first African President of South Africa and life long anti-apartheid freedom fighter, has died in Johannesburg, South Africa from age related illnesses that had him repeatedly in the hospital throughout much of 2013. He was 95.

     
  • Twenty-Seven Animated Features Submitted For 2016 Oscar Race

    AddThis Social Bookmark Button

    A record twenty-seven features have been submitted for consideration in the Animated Feature Film category for the 89th Academy Awards®. Some of the submitted films may not have met their qualifying theatrical runs or other determining criteria.  

  • September 11, 2001 - We Remember

    AddThis Social Bookmark Button

     

    Today marks the 14th Anniversary of the 9/11 terrorist attacks. The reading of the names of the lives lost in the attacks happened this morning at the National September 11 Memorial & Museum.

     
  • 2015 Tribeca Film Festival® Announces Total Attendance

    AddThis Social Bookmark Button

    The 2015 Tribeca Film Festival (TFF), co-founded by Robert De Niro, Jane Rosenthal and Craig Hatkoff, and presented by AT&T, today announced that during the Festival's 14th edition more than 467,000 people attended various events hosted by Tribeca Enterprises.

     
  • Beltway Insider, the Washington Round-Up from Haute-Lifestyle.com, Receives Double Nomination for Journalistic Excellence

    AddThis Social Bookmark Button

    For Immediate Release (Los Angeles, CA) – The Beltway Insider, the weekly review of the nation's top stories from the Washington beat, from Haute-Lifestyle.com, has been honored with two consecutive nominations for the prestigious Sidney Hillman Award for Journalistic Excellence.

Crime

  • The Grim Sleeper, The South Central Serial Killer, Is Convicted

    AddThis Social Bookmark Button

     

    Lonnie Franklin, Jr., The Grim Sleeper Serial Killer, was convicted of ten counts of murder and one count of attempted murder after three decades since his killing spree began, and may face the death penalty when the sentencing phase concludes.

     
  • 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.

     
  • Five Dead; Nine Injured in Ft. Lauderdale Airport Shooting

    AddThis Social Bookmark Button

    A lone gunman has been taken into custody at Fort Lauderdale/Hollywood Florida, Airport after firing multiple shots killing five and injuring nine. Real time tweets from former Presidential Press Secretary Ari Fleischer provided actual, real time, credible information.

     
  • Manhunt Continues in Upstate New York Prison Break

    AddThis Social Bookmark Button

    Residents in the tiny town of Dannemora, New York, remain on edge as two violent prisoners, in a daring escape from the maximum security Clinton Correctional facility have managed to elude capture for a second consecutive day.

     
  • Hank Brennan, James “Whitey” Bulger Lawyer, Set to Argue Appeal

    AddThis Social Bookmark Button

    Hank Brennan, lawyer for James "Whitey" Bulger the mobster convicted of leading Boston's notorious Winter Hill Gang, is preparing to argue why the court should reverse its original verdict and allow the aging mobster a second chance.  

Theatre, Music, Books

  • Judi Dench's Exits & Entrances: A Celebration Of Shakespeare

    AddThis Social Bookmark Button

    A Shakespearean celebration, with readings by Dame Judi Dench, David Suchet, Emilia Fox and the late Jeffery Dench. Exits and Entrances commemorates the 400th anniversary on April 23rd 2017 of the death of the world's most celebrated playwright William Shakespeare.

     
  • Andre Mieux A.M.X: World R U Ready

    AddThis Social Bookmark Button

    A.M.X. is a multi-talented R&B artist whose star is rising fast in the music industry with fans starting to take notice of his original sound. A.M.X., also known as Andre Mieux, is a singer, songwriter and music producer who has talent, charm and uniqueness as an artist.

     
  • A California Closing Review – The Perfect Set of Characters for A Summertime Read

    AddThis Social Bookmark Button

    Ready for a digital detox? Looking for the perfect summer read, a purely fun, page turner, turned down corners, smudged pages, a no app necessary, trashy, romance novel or high brow biography; soft or hard a genuine book?

     
  • The Art Of Discovery - Photographs By WireImage Co-Founder Jeff Vespa

    AddThis Social Bookmark Button

    LOS ANGELES, Ca. USA -  Jeff Vespa, co-founder of the largest entertainment photo agency in the world, WireImage and founder of Verge, will release his first monograph, The Art of Discovery, this October on Rizzoli International Publications.

     
  • 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.