Hank Brennan, Famed Defense Attorney, Answers Questions on Scotty McMillan Defendants

AddThis Social Bookmark Button

The murder of Scott McMillan, the three year old savagely beaten and systematically tortured over a three day period by his mother and boyfriend, has drawn attention from media, legal scholars and  commentators.

Hank Brennan, famed attorney and co-counsel in the mobster trial for James "Whitey" Bulger and lead counsel in the appellate process to secure the notorious gangster a second trial based on government corruption is providing legal commentary for Haute-Lifestyle.com.

As the three defendants are set to appear in a Pennsylvania courtroom this month for arraignment, we posed rather basic questions to Mr. Brennan based on the facts that have been released surrounding the culpability of all adults at the scene.

The questions posed to Mr. Brennan, may sound simplistic, as he said "This is one of the most tragic and heart wrenching cases I have seen. As a criminal defense attorney you train yourself to ensure emotion is not part of the legal assessment. It is an almost impossible task to separate emotion from the facts of this case and it strains human nature to expect a jury to look at this case dispassionately."

Janet Walker: Does the possibility exist under the law to have the third person owner/primary renter of the home charged with the same crimes and face the same death penalty or life in prison considering she was present and has not denied being present?"

Hank Brennan: A person cannot be convicted of a crime unless they fall within one of the following categories: The person was actively involved in committing the criminal act; helped assist in the preparation of the act; or were involved in a conspiracy or joint-venture to commit the act.

A conspiracy or joint-venture basically means that the person shared the mental state necessary to commit the act and were willing to assist if necessary, even if they did not actively assist.

An owner or primary renter of a home where a crime occurred, regardless of how heinous, has no criminal liability if they did not help prepare, cover-up or share in the mental state necessary to commit the act.

Equally troublesome is that "good-Samaritan" laws generally do not impose criminal liability for failure to act unless the person created the risk and abandoned the victim who suffered as a result of the persons conduct.  States have varying laws relative to duty to act but essentially the consequences are limited to the civil system not the criminal system.  

The principal is basic, a person should not be punished for a criminal act they had no part of.  It may be incomprehensible that a parent would retreat behind the excuse that they did not want to get involved in the murder of a child but the law does not punish mere presence.  

 JW: Can her remarks of not wanting to get involved don't fly as the violence occurred in her home and thus by association make her a suspect in the abuse and as guilty and could even be grounds to create reasonable doubt in the mothers defense sending her to death row also."

HB: The government could have a viable case against the mother/primary renter on a theory of joint-venture.

The government merely needs to demonstrate presence, which she admits, along with the shared mental intent (intent to kill/malice). The government does not need to prove she committed any act. Rather, that she was willing to assist if necessary.

A compelling argument exists that she was willing to assist. She provided the opportunity, the means (her residence), and an inference exists that she shared the mental state.  No person could watch such brutality and not share the same malice. The jury could infer malice from the circumstances and given her conduct I would expect any jury to extend the inference as far as the law would allow.  To passively watch the vicious murder of a child creates an inference she shared the mental state of malice.

Complete prosecution of all involved, present or not, in the murder of Scott McMillan is the charge of the prosecutor. It is the charge of the media and every agency to bear pressure upon the system so as to ensure not one person, no matter how far removed from the dirty, dingy trailer where the lifeless boy was placed on an deflated mattress and left to die  escape unpunished.

 

Haute Tease

  • Call My Agent Review – Addictingly Fun French Television Series Gears Up For Season Two

    AddThis Social Bookmark Button

    Call My Agent, from Mon Voisin Productions and Mother Productions, the quirky, genuinely funny, behind the scenes business entertainment industry French television series streaming to American audiences through Netflix is gearing up for Season Two.

     
  • HL Arts: Lindsay Rapp Celebrates the Magic and Magnetism of Life in Water and Color

    AddThis Social Bookmark Button

    Philadelphia artist Lindsay Rapp has spent her life painting. As a preschooler, her finger paintings exhibited surprising talent and her teacher entered her the work in a contest. She won and a profession was born, nurtured, cultivated, and developed.

     
  • The Award Winning Film “LANDFILL HARMONIC” Comes To Washington DC For One Night Only On Tuesday September 13, 2016

    AddThis Social Bookmark Button

    Insight Property Group and the Environmental Film Festival in the Nation’s Capital is proud to present a very special Washington DC screening of the acclaimed award winning film LANDFILL HARMONIC on Tuesday night, September 13, 2016 at the Avalon Theater beginning at 7:30 PM.  

  • Terror Truck Attack In Lower Manhattan Leaves Eight Dead; More than a Dozen Injured

    AddThis Social Bookmark Button

    New York City's Tribeca neighborhood was the scene of horror and terror as a lone wolf terrorist made a deliberate turn onto a walk/bike lane plowing through pedestrians and bicyclists leaving bodies scattered along the Hudson River promenade.

     
  • Patti Cake$ Review – Raw, Unapologetic, An Early Oscar Favorite

    AddThis Social Bookmark Button

    Patti Cake$, from Fox Searchlight Pictures, presents the story of stardom, the unlikely one in a million shot, where the obstacles are genuinely insurmountable, the hope is dwindling, the cash spent, and the bill collectors at the door.

     
  • Blood Brother Review - The Story of Rocky Braat and The Orphans He Loves

    AddThis Social Bookmark Button

    Blood Brother, from Roco Films and Tugg Inc, brings to the screen the story of Rocky Braat, a wandering soul who found life among the abandoned, dispossessed, orphaned AIDS children of Tamil Nadu, India.

     
  • INTERSTELLAR To Play The California Science Center Imax® Theatre In Limited Engagement Through January 17

    AddThis Social Bookmark Button

    IMAX and Paramount Pictures today announced a special limited run of Christopher Nolan's acclaimed film "INTERSTELLAR" at the California Science Center IMAX® theatre, marking the first time a theatrical presentation of a major motion picture has screened there.