Login Form

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

  • Great Nations Eat Launches Unprecedented Media Campaign to Transform Conversation Around Hunger in America

    AddThis Social Bookmark Button

    WASHINGTON, D.C. (June 24, 2015) Today, Great Nations Eat launched an unprecedented million impression media campaign to both raise awareness of the problem of hunger in America and to end it. Great Nations Eat will be featured on every major media platform, both nationally and locally.

     
  • Pacific Opera Project takes on Shakespeare and Verdi in a Cemetery with Falstaf

    AddThis Social Bookmark Button

    This September, Pacific Opera Project (POP) continues its successful run of presenting engaging productions in unique venues across Los Angeles with Giuseppe Verdi’s Falstaff, presented outdoors at the top of Forest Lawn Memorial Park (Museum Plaza) in Glendale.  

  • Daniel Fellman Named Governor Of Academy’s Executives Branch

    AddThis Social Bookmark Button

    The Academy of Motion Picture Arts and Sciences today announced that Daniel Fellman has been named governor of the Academy’s Executives Branch. Fellman will serve out the remainder of William Mechanic’s term which concludes on June 30, 2019.  

  • Interview & Review La Cucina - Joaquim de Almeida Smolders In This Sexy Recipe For Seduction

    AddThis Social Bookmark Button

    “La Cucina”, starring Rachel Hunter, Christine Hendricks and Joaquim de Almeida and directed by Alison Hebble, deals with the relationship complexities of three different couples and how they cope with the reality of impending events.

     
  • Let It Fall: Los Angeles 1982 –1992 Review – Poignant Interviews and News Footage Personalize Shocking Documentary

    AddThis Social Bookmark Button

    Let It Fall, from John Ridley, ABC's Lincoln Square Production, and (ABC) the American Broadcasting Company, presents a chronological presentation of the events leading up to one of the most violent seasons in Los Angeles Police history, culminating with the Rodney King Beating and the injustice that followed.

     
  • New Year, New You: Seven Ways to Start 2017 Right

    AddThis Social Bookmark Button

    The New Year is upon us and it’s time to re-calibrate our self-care strategies, amp up our health, fitness and overall wellness. This is always a great time to turn to the marketplace for innovations that can ease and expedite our endeavors.

     
  • Money News: DOW Up; World Markets Rebound; Asian Markets Plummet

    AddThis Social Bookmark Button

    Rallying from the recent Charlie Hebdo Terrorist Attacks the World Markets responded to the global show of strength sending a unified anti-terror message as skittish investors returned to the markets of the world with renewed confidence.

Donate Elite

It's the desire at Haute-Lifestyle.com to keep journalism free. Running a business, however, dictates what is now a common dilemma; a paywall, subscription or donation. Thank you for your donation.