Slenderman Tween Found Incompetent to Stand Trial; Legal Commentary By Whitey Bulger Defense Attorney Hank Brennan

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

  • SF Theater: Magic Theatre Postpones World Premiere "Joy and Pandemic"

    As Magic Theatre monitors the recent surge in COVID-19 cases and the continued rise of variant strains, the theatre and the playwright, Taylor Mac, have made the difficult decision to postpone the upcoming world premiere of JOY AND PANDEMIC.

     
  • Shiver Review – A Terrifying Trip into a Serial Killer’s Mind

    SHIVER,” from Cyclone Productions and Bandersnatch Films, presents a nail-biting, psychological thriller that pits a blood thirsty serial killer against the skill, wit and determination of the detectives and a single surviving victim.

     
  • James Bulger Appeal Deadline Nears

    James Bulger, the notorious Boston mobster convicted in what has been called a sham proceeding, is fighting for the chance at a new trial to present evidence of alleged deals he had with members of the Massachusetts State law enforcement.

     
  • The Long Last Days of Summer - Family Style

    With summer shortly coming to a close, friends and family cling to the shore to soak up the last rays and swap stories that only the season can provide. There isn’t much left to cross off on the lists we’ve made in May. Painted the mudroom; check. Gone to a baseball game; check. Spent hours at the beach; double check. In this, I find comfort.

     
  • Helsinki Pocket Guide Travel Book Review – The Perfect Travel Companion

    Helsinki Pocket Guide, from Insight Guides, provides travelers a compact handbook with stunning photos, a pullout map, and a perfect day itinerary to ensure the visit to Finland's capital city is filled with all that Helsinki offers.

     
  • Gift Guide: Hand Sanitizer and Accessories Jump to Number 1 Stocking Stuffer Idea

    As the holiday season is upon us, Stocking Stuffer ideas have moved from the fun and frivolous to incorporating new normal functionality into our giving with pocket Hand Sanitizers taking the number one spot in gift giving.