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

  • Cold Grey Light of Dawn, Newest Single by Hudson Moore, Featured in Sweetwater

    AddThis Social Bookmark Button

    Cold Grey Light of Dawn,” Hudson Moore’s newest song is featured in the end credits of the recently released revenge filled western, “Sweetwater,” which stars January Jones, Ed Harris and Jason Isaacs. 

     
  • Business News: The Evaporating American Homeownership Dream Verses Higher Education

    AddThis Social Bookmark Button

    Picture a home of your own, a white-picket fence, front porch, yard or view. Sound like a fairy tale? Homeownership appears increasingly elusive to a large population subset, but a whopping 72% or $8.74 trillion of U.S. debt is mortgage-related, according to MarketWatch.  

  • Earth In HD – Live Streaming from Space

    AddThis Social Bookmark Button

    The National Aeronautics and Space Administration (NASA) announced the first real time HD video streaming of earth, seen from the International Space station, will be permanently offered through a special streaming link available to everyone.

     
  • Punxsutawney Phil Sees Shadow

    AddThis Social Bookmark Button

    Punxsutawney Phil, the Pennsylvania Groundhog who, since 1887, has become the annual predictor for winter’s end, popped his head out of his hole-in-the-ground home and promptly saw his shadow, the indicator of another six more weeks of winter, snow, cold, ice and slush, sad news for those of us who are ready for winter’s end. 

     
  • NYBFW ’18 Mark Zunino - Celebrity Designer Unveils Debut Bridal Collection

    AddThis Social Bookmark Button

    Renowned fashion designer, Mark Zunino, debuted his namesake bridal collection yesterday at New York Bridal Fashion Week. The premiere bridal collection, inspired by global unification and Hollywood glamour, will be available in stores worldwide starting February 2018.

     
  • Proverb: A Story of the Second Civil War – Finish The Summer with A Real Political Thriller

    AddThis Social Bookmark Button

    Proverb: A Story of the Second Civil War, a novel by Brian McCracken, the first volume of a trilogy,  is the story of family, loyalty to country, changing times and the damage, devastation and alienation polarized thinking produces.

     
  • HL Tech: The Best Laptop Computers for College Students in 2016

    AddThis Social Bookmark Button

    For students entering college, a laptop computer is no longer a luxury. In today's mobile world, students will fare best with a laptop that's small enough for travel, but powerful enough to handle the tasks associated with high-level academics. Two considerations - budget and durability - remain important for consumers to determine which computer will survive four years of dorm life.  

  • 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.

     
  • Beltway Insider: Trump Bombs Syria; Putin/Assad; Egypt’s Bloody Sunday; Sweden/Norway; WH Bickering; Gorsuch

    AddThis Social Bookmark Button

    President Donald Trump skirted a fine legal line as he launched a decisive airstrike against Syria's Bashar al Assad targeting the airfield used to launch chemical weapons against his own people causing the deaths of innocent civilians.

     
  • Massive Winter Storm Helena Marches Across Country; Nine Inches of Snow Expected in Raleigh-Durham; NFL Wildcard Forecast

    AddThis Social Bookmark Button

    A substantial winter blast is moving across much of the nation packing impressive snow totals, socking the eastern seaboard with a deep freeze, blanketing the South with sheets of ice and sending The Carolina's into a State of Emergency.

     
  • Colorado Cannabis Dealers Stock Shelves

    AddThis Social Bookmark Button

    Colorado cannabis dealers are expecting brisk sales, generating upwards of $67M in tax revenue, as the Rocky Mountain state is the first to completely legalize, without prescription, the sale, distribution and use of marijuana.

     
  • Molly’s Game Review - Magnificent; Sharp; A Hands Down Winner

    AddThis Social Bookmark Button

    Molly's Game, from STX Entertainment and Entertainment One, brings to the screen the true story of competitive Skier, Molly Bloom, who after losing a spot on the U.S. Ski team, she heads to sunny L.A. for a change.

 

Login Form