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

  • Steve Martin To Receive 43rd AFI Life Achievement Award

    AddThis Social Bookmark Button

    LOS ANGELES, CA, October 3, 2014 – Sir Howard Stringer, Chair of the American Film Institute's Board of Trustees, announced today the Board's decision to honor Steve Martin with the 43rd AFI Life Achievement Award, the highest honor for a career in film.

     
  • The Jazz Funeral World Premiere At Dances With Films Festival

    AddThis Social Bookmark Button

    An estranged father and son reunite in the intoxicating city of New Orleans for a friend's funeral where they bury the scars of the past and heal the wounds of the present in order to let go and move on. The Jazz Funeral is based on a true story, directed by Jesse Rosen.  

     
  • CHI-RAQ Review - Spike Lee’s Timely Gangland Gun Violence Pic Hits a Bulls Eye

    AddThis Social Bookmark Button

    CHI-RAQ, from Spike Lee and Roadside Attractions, presents a poignant, and unfortunately timely, tale on gun violence using Chicago’s South Side as ground zero in America’s newest internal war, a deadly plague, which daily and indiscriminately kills.

     
  • Twin Tornadoes Annihilate Nebraska Town Leaving Death, Injury and Destruction

    AddThis Social Bookmark Button

    Twin tornadoes tore through the town of Pilger Nebraska, killing a five year old  and critically injuring 16 others, ripping down power lines and decimating the small rural town in northwest portion of the state.

     
  • Lady Gaga To Perform At 87th Oscars®

    AddThis Social Bookmark Button

    Six-time Grammy®-winning singer and songwriter Lady Gaga will make a special tribute performance at the 87th Oscars, show producers Craig Zadan and Neil Meron announced today. The Oscars, hosted by Neil Patrick Harris, will air on Sunday, February 22, live on ABC.  

  • Travel Hints: Combating Frustrating Air Travel Aggravations

    AddThis Social Bookmark Button

    With Thanksgiving travel just ahead of us and 24.6Million passengers expected to travel by air which equates to upwards of 65,000K extra passengers per day this year ­ a new study, from AAA, explains what consumers find most frustrating about air travel.

     
  • Money News: Global Markets Shook, Rattled and Rolled With All Eyes on Greece

    AddThis Social Bookmark Button

    The DOW Jones Industrial Average managed to escape the growling bear and the global fallout from the turbulent Grecian financial meltdown to close the week with a respectable gain as did the majority of the top ten watched global markets.

Donate Elite

It's the desire at Haute-Lifestyle.com to keep journalism free. Running a business, however, dictates what is now a common dilemma; a paywall, subscription or donation. Thank you for your donation.