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

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

    AddThis Social Bookmark Button

    The DOW Jones Industrial continued to keep the bull market running as the world markets kept pace with the New York Stock Exchange managing to close with impressive rallies for the third straight week.

  • Del Frisco Grille NYC Review - Tender Twists on Comfort Food Classics

    AddThis Social Bookmark Button

    When I travel to New York City, I seek out those venues where I can be “one with the natives” and immerse myself in the local culture to get a true sense of an area. Sometimes such gastronomic gems are hiding in plain sight, as is the case with Del Frisco Grille New York.

  • Money News: DOW Suffers Major Loss; London, Canada Down; Germany, France, Asian Markets Up

    AddThis Social Bookmark Button

    The DOW Jones Industrial Average, unable to shake the Bear chase, suffered massive triple digit losses, losing in one week an entire years gain, closed down as the top three world market indicators took a hit signaling a down turn.

  • Victoria Chow, Hong Kong Hottest Wine and Spirits Entrepreneur, Launches The Woods' Annex (CHI/ENG)

    AddThis Social Bookmark Button

    Victoria Chow, Hong Kong’s hottest Wine and Spirits entrepreneur, is launching her latest collection of spirits at The Woods' Annex, in Soho Hong Kong. No stranger to the spirits industry, The Woods' Annex is her third high end libation establishment. 

  • Su Gologone Hotel, Sardinia, Italy, Offers Half Term Getaway

    AddThis Social Bookmark Button

    Su Gologone, the hotel that embraces Sardinia’s most genuine traditions and culture, welcomes families during half term breaks with a selection of culturally infused activities both children and parents are bound to enjoy as they unplug from stressful city life.

  • UPDATED: Colorado Teen Has Died From Injuries Sustained in School Shooting

    AddThis Social Bookmark Button

    Claire Davis, 17, the Arapahoe teen shot at point blank range by a lone gunman who entered the Colorado suburb high school prepared for mass casualty, has died from injuries sustained in school shooting.

  • For the Sophisticated Man - Oliver Sweeney's Bespoke Secret Shoe

    AddThis Social Bookmark Button

    For the man who has everything, luxury footwear obsessives Oliver Sweeney and luxury launches site VeryFirstTo.com have teamed-up to create The Secret Shoe, a deluxe, hand-crafted deerskin Derby concealing a host of enticing and practical gadgets.