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

  • Money News: World Markets Close Up as Bull Market Continues

    AddThis Social Bookmark Button

    The DOW Jones Industrial, along with the NASDAQ and S&P 500, continued to maintain a steady bull run as did the top ten most watched markets in the world, all of which despite slow starts and mirror runs, closed up.

     
  • Cheryl Boone Isaacs Elected Academy President

    AddThis Social Bookmark Button

    BEVERLY HILLS, CA – Cheryl Boone Isaacs was elected president of the Academy of Motion Picture Arts and Sciences Tuesday night (July 30) by the organization’s Board of Governors.

     
  • Four Seasons Scottsdale Review – Expect the Unexpected

    AddThis Social Bookmark Button

    Four Seasons Scottsdale, an AAA five-diamond gorgeous desert oasis that duly delivers on the high hospitality standards expected of an award-winning luxury resort, through an unpretentious, salt-of-the-earth, rustic charm, has a unique magic and mystique all its own.

     
  • Soothe Mobile Massage-On-Demand Review - Ease of Use Kneads Kinks Out Of Expansion

    AddThis Social Bookmark Button

    We've all had them. Those days that start off perfectly fine and then take a hard left turn onto the stress superhighway.  On these rough days in particular, there’s nothing like a relaxing massage to calm your nerves and alleviate anxiety.

     
  • Lauren Bacall, Screen Siren, Star, Model, Dies

    AddThis Social Bookmark Button

    Lauren Bacall, actress, model, legend, has died according to the Bogart Family estate who confirmed the former wife of Humphrey Bogart passed away from complications brought on by a stroke. She was 89.

Crime

  • Gun Control Reform Inches Forward

    AddThis Social Bookmark Button

    Gun Control Law has inched somewhat forward with a veiled victory as Vice President Joseph Biden announced two new executive actions, nine months after the horrific and senseless tragedy at Sandy Hook Elementary school.  

     
  • Homicide Ruling in Staten Island Choke Victim Case

    AddThis Social Bookmark Button

    The death of Eric Garner, 43, the Staten Island father of two choked to death by New York Police Officers after being detained on a city street, has been ruled a homicide by the New York City Medical Examiner.

     
  • People Exclusive: Father of Teen Missing Since 2009 Whom FBI Has Declared Was Held Captive and Murdered: 'I'm Begging Anyone To Help Us Bring Her Home'

    AddThis Social Bookmark Button

    For seven long years, Chad and Dawn Drexel have waited for news about what happened to their 17-year-old daughter, Brittanee Drexel, who vanished during a spring break trip to Myrtle Beach, South Carolina, in 2009. 

     
  • No Indictment in Ferguson Case; Violence Hits More Than 90 Cities

    AddThis Social Bookmark Button

    A Missouri Grand Jury refused to indict Ferguson Police Officer Darren Wilson in the death of Michael Brown, the unarmed African American teen shot and killed in broad daylight, while walking in the street near his home, last August.

     
  • Facebook LIVE Torture Kidnappers Caught; Charges Include Hate Crimes

    AddThis Social Bookmark Button

    Two women and two men all hailing from Chicago's inner city's crime filled neighborhoods were charged with the kidnap and torture, which they broadcast on Facebook Live, of a mentally challenged white male adult.

Auto, Yachts, Jets, Real Estate

  • HL Real Estate: Skyline Views, Luxury Amenities: 1065 Midtown, The Only Midtown Address

    AddThis Social Bookmark Button

    It’s getting Haute in Hot-Lanta! Atlanta’s sizzling Real Estate Market skyrocketed this week when the National Football League announced the Mercedes Benz stadium home to the NFL’s Atlanta Falcons had won the bid for Super Bowl 2019.

     
  • Celebrity Real Estate News: Songstress Carole King’s 128 Acre Idaho Compound Hits Market

    AddThis Social Bookmark Button

    Perhaps longer than any other American singer and song writer, Carole King has been a favorite of the Baby-Boom generation. Her writing and recording career began in 1958 at age 16 writing hits for a wide range of performers from Bobby Vee and Tony Orlando to Aretha Franklin and the Drifters.

     
  • Celebrity Real Estate: Fashion Designer Pierre Cardin Lists South of France Retreat; Asking Tops All European Markets

    AddThis Social Bookmark Button

    Pierre Cardin, the French fashion designer, known for his unusual designs, geometric shapes and a departure from feminine couture, was considered avant-garde inventing a bubble dress which he introduced in 1954, a decade before the modern cultural revolution.

     
  • Bienvenue Chez VousConcierge Auctions Announces Its First European Auction In Sexy Saint Tropez, France

    AddThis Social Bookmark Button

    Leading luxury auction firm, Concierge Auctions, enters the European market in ultra sexy Saint Tropez, France,the 11th country in which the firm is now holding auctions, with the auction of Villa La Ponche, a prívate estate boasting French Riviera views.

Theatre, Music, Books

  • The Tall Trees of Paris Book Review - An Exquisite, Vibrant, Introduction to The New Parisian Art Scene

    AddThis Social Bookmark Button

    The Tall Trees of Paris, a flamboyant coffee table art book from Portland gallery owner and curator, Matt Wagner, introduces readers to the colorful world of Parisian artists from the point of view of the artists themselves.

     
  • Interstellar Soundtrack with Music By Hans Zimmer Out In Time For The Holidays

    AddThis Social Bookmark Button

    (October 28, 2014 – Los Angeles, CA) WaterTower Music today proudly announces the November 18 release of Interstellar: Original Motion Picture Soundtrack, with music by renowned composer Hans Zimmer, whose career has earned him Grammy, Golden Globe, Classical Brit, Academy, Tony, and American Music Awards.

     
  • Broadway's Best: Celebrating the Music of Ron Abel

    AddThis Social Bookmark Button

    Birdland, the legendary Manhattan Jazz Club, played host for two nights only to celebrate, one of Broadway's best and Hollywood's hottest talents, composer and musical genius Ron Abel.

     
  • LA Lakers Great Tommy Hawkins Pens Reflections from the Soul

    AddThis Social Bookmark Button

    Tommy Hawkins, former Los Angeles Lakers legend who helped shape the dynasty of today, recently launched his first ever narrative book of poetry.

     
  • Adventures on the Queen Mary Review - Stunning, Beautiful, A Must Have

    AddThis Social Bookmark Button

    Adventures on the Queen Mary, by Dave Wooders with James Radford, a book for those who have dreamed of traveling the high seas, in all the style of a bygone era and the opulence of the Queens luxury.