Login Form

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

  • Composer John Williams To Receive 44th AFI Life Achievement Award

    AddThis Social Bookmark Button

    The American Film Institute (AFI) Board of Trustees announced today that esteemed composer John Williams will be the recipient of the 44th AFI Life Achievement Award, America's highest honor for a career in film.  

  • The Academy Returns to 1913 With Films From A Century Ago

    AddThis Social Bookmark Button

    BEVERLY HILLS, CA – The Academy of Motion Pictures Arts and Sciences celebrates a creative turning point in cinema history with a screening of shorts and feature excerpts from 1913 in “A Century Ago: The Films of 1913” on Friday, December 6, at 7:30 p.m. at the Linwood Dunn Theater in Hollywood

     
  • Yamashiro Launches Sunday Brunch Series Starting Mother's Day 2017

    AddThis Social Bookmark Button

    Los Angeles' beloved Yamashiro Hollywood restaurant is launching a new Sunday Brunch buffet starting Mother's Day, May 14, from 10 a.m. to 3 p.m. The iconic restaurant, which had exclusively served dinner only, will continue brunch service every Sunday from 11 a.m. to 3 p.m.   

  • Romney Scores Big; Clooney Hosts Obama - Road to the White House - Election 2012 - Week 19

    AddThis Social Bookmark Button

    Mitt Romney, the presumed Republican Presidential nominee, scored big this week with the endorsement by his chief rival and once GOP Presidential hopeful, Rick Santorum.

     
  • Business News: Emir Bahadir, Turkish Playboy, Mogul, Graces The Cover Of Social Life Magazine’s September Issue

    AddThis Social Bookmark Button

    In an exclusive interview with Social Life magazine, the premiere luxury publication for the Hamptons, Entrepreneur and Bahadiring Realty Founder and Principal Emir Bahadir opens up about his professional journey, life's lessons, perseverance and inspirations.

     
  • 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.

     
  • Cannes Yachting Festival – New Waves of Inspiration With Elegance and Comfort

    AddThis Social Bookmark Button

    At the Cannes Yachting Festival, Berret Racoupeau's yacht design team will present their four most recent production designs: the Amel 50, the Wauquiez PS 42, the Saona and the Océanis 51, as well as other construction projects and one-off designs.