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

  • 87th Oscars® Nominations Announced

    AddThis Social Bookmark Button

    Directors Alfonso Cuarón and J.J. Abrams, actor Chris Pine and Academy President Cheryl Boone Isaacs announced the nominations for the 87th Academy Awards® today (January 15).  For the first time, nominees in all 24 categories were announced live.

     
  • Seven Cars, Seven Jets and Seven Chronographs

    AddThis Social Bookmark Button

    Breitling and Bentley unveiled the Bentley Continental GT Speed Breitling Jet Team Series at the Seattle Boeing Seafair Airshow. Each of the seven owners of these bespoke Mulliner vehicles were presented their keys in front of the seven jets.

     
  • Money News: DOW, NASDAQ, S&P; Top Ten World Markets Close Up

    AddThis Social Bookmark Button

    The DOW Jones Industrial followed an identical trading pattern set in the early opening Asian markets to begin the week fluctuating with deep declines and by mid-week gaining strength and momentum to end the trading week up.

     
  • Puerto Vallarta’s Casa Dos Cisnes offers a Culinary Cultural Immersion for Foodie-Forward Travelers

    AddThis Social Bookmark Button

    Whether for adventure travel or more relaxing respites, travelers are increasingly seeking regionally-authentic itineraries that offer an intimate view of local cultures with trends of being "connoisseurs of local culture" reportedly on the rise.

     
  • Money News: DOW Closes Up; European, Americas Close Up; Asian Split

    AddThis Social Bookmark Button

    The Dow Jones Industrial, after feeling the sting of a bear market fought the rocky start and deep declines and managed to rally, pulling itself up of the abyss and ending the week strong with a solid triple digits gains.

Crime

  • Facebook Killer Dead of Self-Inflicted Gunshot

    AddThis Social Bookmark Button

    Steve Stephens, the Cleveland man who went live on the social media platform while he committed a random murder of an elderly man, has died in Erie, Pennsylvania of a self-inflicted gun shot after a police pursuit.

     
  • Five Dallas Police Officers Dead; Seven Others Injured in Peace March Ambush

    AddThis Social Bookmark Button

    Five Dallas Police Officers have died and seven others injured in an ambush as a protest over the recurring use of excessive and deadly force against unarmed African Americans turned violent leaving a city and nation stunned.

     
  • Shooting Erupts at LAX Airport; TSA Officer Killed

    AddThis Social Bookmark Button

    A Transportation Security Agency agent was shot and killed when a single suspect opened fire at the Los Angeles International Airport, firing as many as 20 rounds with a high powered assault weapon.

     
  • Boston Bomber Found Guilty; Sentencing to Follow

    AddThis Social Bookmark Button

    Dzhokhar Tsarnaev, the Boston Marathon Bomber, was found guilty of homegrown terrorism and other crimes after a month long trial where the theory of mental coercion by the defendant’s brother was introduced. His guilty verdict deems him death penalty eligible.

     
  • Murder Suspect James DiMaggio Killed in FBI Shootout

    AddThis Social Bookmark Button

    James Lee DiMaggio, the man suspected of kidnapping Hannah Anderson and murdering her mother and brother has been killed in a shootout with law enforcement officers in the Cascade Mountains of Idaho.

Theatre, Music, Books

  • Adventures on the Queen Mary Review - Stunning, Beautiful, A Must Have

    AddThis Social Bookmark Button

    Adventures on the Queen Mary, by Dave Wooders with James Radford, a book for those who have dreamed of traveling the high seas, in all the style of a bygone era and the opulence of the Queens luxury.

     
  • After Snowden - Privacy, Secrecy and Security in the Information Age Review – Opens The Floor to Debate

    AddThis Social Bookmark Button

    In June 2013, Edward Snowden leaked thousands of documents he stole from the National Security Agency (NSA), from several laptop computers, exposing flaws and violations of the Fourth Amendment routinely practiced in the Domestic Surveillance program.

     
  • 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.

     
  • Honeymoon In Vegas Review – Go For The Music, Stay For The Elvis Impersonators

    AddThis Social Bookmark Button

    Writing reviews to send out is actually quite difficult for me.  The truth is, I’m a theatre snob, and I’m pretty hard to please.  Without creative geniuses such as Rodgers and Hammerstein, Leonard Bernstein, or even Stephen Sondheim, it’s hard for me to give my endorsement.  Not this time.  You will love ‘Honeymoon In Vegas’.

     
  • HL Artist Interview: Joshua Haupt, the Steve Jobs of Marijuana, Talks Epilepsy, The Cost of Weed Knowledge and The Burning Debate

    AddThis Social Bookmark Button

    While the debate rages over medicinal marijuana in conservative states, one young man in Colorado is moving forward, with a mission. Undeterred by the challenges Joshua Haupt has partnered with several major consumer goods giants to introduce cannabis as an alternative treatment.