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

  • THE DEEP, from Director Baltasar Kormakur, Presents an Astonishing Tale of Survival in the Icelandic Ocean

    AddThis Social Bookmark Button

    THE DEEP, Iceland’s Official selection for the 2012 Academy Awards, presents an astonishing true story of survival against the brutal and bitter backdrop of the Icelandic Ocean.

     
  • Pourtal Wine Tasting Bar: A Wine Lover's Paradise

    AddThis Social Bookmark Button

    Pourtal Wine Tasting Bar, located on Santa Monica Blvd just east of Ocean Drive in Santa Monica, recently hosted an evening of introduction at a private wine tasting event.

     
  • Dumpster Diving Saturday Night Live Mocks Germanwings Tragedy

    AddThis Social Bookmark Button

    Proving the end is near, the National Broadcasting Company's once dominate Saturday Night Live dove deep into the dumpster of cheap laughs headlining with a sketch lampooning the CNN coverage of Germanwings airliner that crashed into the French Alps killing all onboard.

     
  • Death Toll Expected To Rise as Massive Inferno Engulfs Famed London Apartment Building

    AddThis Social Bookmark Button

    Parents were seen tossing children to safety as more than 1000 residents were trapped when a six-alarm fire broke out at Grenfell Tower in North Kensington, London, a 24-story apartment building, just after midnight Wednesday morning.

     
  • Screen Actors Guild Nominations Pulls LA LA Land Back To Reality with Two; Manchester By The Sea Leads with Four; OJ Team Lands Three

    AddThis Social Bookmark Button

    The 23rd Annual Screen Actors Guild Awards, honoring the best achievements in film and television performances for the previous year will be presented on January 29, 2017 on both TNT and TBS 8:00 p.m. EST / 5:00 p.m. PST.

Crime

  • Homicide Ruling in Staten Island Choke Victim Case

    AddThis Social Bookmark Button

    The death of Eric Garner, 43, the Staten Island father of two choked to death by New York Police Officers after being detained on a city street, has been ruled a homicide by the New York City Medical Examiner.

     
  • Nine Dead, 17 Injured; 192 Arrested in Waco Biker Brawl

    AddThis Social Bookmark Button

    Nine gang members shot and killed each other in a Wild West gangland shoot out at the Twin Peaks Bar and Grill in Waco, Texas, in what has been described as the worst crimes in almost 35 years of law enforcement.

     
  • 911 Tapes Released In Sandy Hook Massacre

    AddThis Social Bookmark Button

    Ten days before the one year anniversary of the Sandy Hook massacre the community of Newtown, Connecticut will relive the tragedy as state officials released six 9-11 calls made the morning of December 14, 2012.

     
  • 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.

     
  • Tennessee Boy Found Guilty in Murder Of Neighbor Girl

    AddThis Social Bookmark Button

    In a story that has gained international attention, Benjamin Nicolas Tiller, 11, has been found guilty of first degree murder in the shotgun death of his neighbor, MaKayla Dyer, 8, stemming from a dispute that escalated over puppies.

Theatre, Music, Books

  • Something Rotten Review – Raucous Surprises, a Roaring Good Time

    AddThis Social Bookmark Button

    Something Rotten!, Broadway’s newest musical, is so fun it's hard to say for sure who was having a better time at the St. James Theater the other night, the audience or the actors and musicians on stage.  

     
  • V Theater Las Vegas Review - Entertainment Aplenty

    AddThis Social Bookmark Button

    No matter how many times you’ve visited Vegas, no trip would be complete without taking in a show or two amidst the time you spend eating, gaming, clubbing, sunning and otherwise funing in Sin City.

     
  • Celebrities Pay Tribute to Jerry and Elaine Orbach During Launch of Remember How I Love You

    AddThis Social Bookmark Button

    Celebrities, family and friends of the late Jerry and Elaine Orbach gathered recently, at The Snapple Theater Center in Manhattan’s Theater District, to honor them with readings from their newly released book, “Remember How I Love You - Love Letters From An Extraordinary Marriage.”

     
  • Plug Research Releases the Highly Anticipated Coultrains Jungle Mumbo Jumbo Project

    AddThis Social Bookmark Button

    On April 23rd, appreciators of soul, jazz & beat music alike rejoice as Coultrain releases his long-awaited new project, Jungle Mumbo Jumbo. Perhaps best known for his work as one half of Hawthorne Headhunters (alongside Black Spade), or as the once lead singer of Waajeed's Platinum Pied Pipers - this release marks Train's first proper solo album on a label

     
  • The Fifth Letter Review - Page Turning Legal Thriller

    AddThis Social Bookmark Button

    The Fifth Letter, a novel by research scholar Dr. Vivian Carpenter, introduces Katherine Helena Ross, the first black female Supreme Court justice caught between her conscience and political expedience when forced to consider the most important question facing the U.S. Supreme Court today: Who is a person with inalienable rights?