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

  • Kanye West To Receive Vanguard Award At VMA

    AddThis Social Bookmark Button

    Multi-Platinum recording artist Kanye West will be honored with the Michael Jackson Video Vanguard award at the 2015 MTV Video Music awards. Accepting for the singer will be multi-platinum singer-songwriter Taylor Swift, just kidding.

     
  • Ninety-One Original Songs Vie For 2016 OSCAR®

    AddThis Social Bookmark Button

    The Academy of Motion Picture Arts and Sciences today announced that ninety-one songs from eligible feature-length motion pictures released in 2016 are in contention for nominations in the Original Song category for the 89th Academy Awards®.  

  • Meet The Bed Experts: Luxor Linens Brings the Highest Quality Home Textiles to You with Just the Click of a Mouse

    AddThis Social Bookmark Button

    New York, NY, January 2014"Each night, when I go to sleep, I die. And the next morning, when I wake up, I am reborn." – Gandhi.  Like Gandhi, we like to think of our bed as a sanctuary, the most relaxing place to start and end the day, an oasis far away from all of our problems.

     
  • 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.

     
  • Kristen Bell, Bobby Flay, Taye Diggs, Tom Colicchio and Naked Juice Do Some Good with Their Selfies

    AddThis Social Bookmark Button

    Grab a Pineapple, squeeze those melons, take a selfie holding your favorite produce and post with the hash tag #DrinkGoodDoGood, and Naked Juice, the delicious fruit and vegetable drink, will donate up to 10 lbs of produce to needy communities.

Crime

  • Judge in Stanford Rape Case Stops Hearing Criminal Cases

    AddThis Social Bookmark Button

    Judge Aaron Persky, who sentenced the Stanford convicted rapist to six months including time served, has stopped hearing felony cases due to the public outrage over his leniency in what has been deemed a travesty of justice.

     
  • Remains of Two Missing Pulled From Manhattan Gas Explosion Site

    AddThis Social Bookmark Button

    The final two missing from last week’s gas explosion on Manhattan’s Lower East Side have been pulled from the rubble days after an alleged illegal gas tap set off a massive seven alarm inferno that killed two and injured 25.

     
  • 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.  

     
  • Chattanooga Bus Driver Has Court Appearance; Employer Knew of Complaints

    AddThis Social Bookmark Button

    Johnthony Walker, 24, the bus driver that intentionally crashed his vehicle filled with children, had a brief court hearing Tuesday where he learned his preliminary hearing was postponed until December 15, 2017. His bail remains at $107,500.00.

     
  • Gas Main Explosion Levels Building in East Village; Scores Injured

    AddThis Social Bookmark Button

    A suspected gas main explosion leveled a building on Manhattan’s lower east side injuring dozens some critical as firefighters attempted to contain the quickly spreading seven alarm inferno before it consumed the adjoining buildings.

Theatre, Music, Books

  • 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.”

     
  • 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.   

     
  • 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

     
  • Living A Life That Matters: A Memoir of the Marquis de Lafayette Review – Surprisingly Interesting

    AddThis Social Bookmark Button

    Penned by renowned Civil Rights attorney David M. Weitzman, Living A Life That Matters will not jump off the shelf for the causal bookstore window shopper. The title, the image all suggest an intellectual read reserved for professors, scholars, politicians and the like.  

  • Ten Top Gourmet Food Shops and Eating Establishments in the Latin Quarter Revealed

    AddThis Social Bookmark Button

    Stepping into a Paris restaurant can be a formidable experience for any traveler. Not only do you have to make your wishes understood by a waiter who may or may not speak your language, but you must quickly learn how to adapt to local dining customs as well.