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

  • 2015 Tribeca Film Festival Announces Short Film Selections

    AddThis Social Bookmark Button

    The 2015 Tribeca Film Festival (TFF), presented by AT&T, today announced its lineup of 60 short films, 40 of which are world premieres. The selections were curated from 3076 submissions.  The 14th annual Tribeca Film Festival will take place April 15-26.

     
  • Haute Hideaways: The Best Ski Resorts in America and Canada

    AddThis Social Bookmark Button

    There are resorts all across North America, and each one of them has its own character — not to mention acreage, snowfall, elevation and amenities — so your choices are far from limited. To help you plan future ski excursions, WanderBat compiled this list of the best ski resorts from coast to coast (including a few in Canada).  

  • Healthouse at Las Dunas Beach Costa del Sol - Creating a Gastro-healthy Experience In Paradise

    AddThis Social Bookmark Button

    To reduce weight with sea views, under the sun of the Costa del Sol, in the most spectacular suites, enjoying a spa with more than 3,000 m2 and enjoying the haute cuisine of 2 Michelin Star Chef Andoni Luis Aduriz is already a reality in the prestigious Healthouse Las Dunas Beach, a Five Star rated GL Health & Spa, the first luxury health resort.

     
  • UK Celebrities Team Up For 'Christmas Number 1'

    AddThis Social Bookmark Button

    For the UK the Christmas single is as traditional as a turkey roast and we've got two very different ones competing.  From ex-boxer/rugby player Shinny who brought along his celebrity friends for a charity single and the classic sound of Diane O.   

  • Africa's Hunters – Graphic New Streaming Smithsonian Earth Series Follows Wildlife in Zambia’s Luangwa Valley

    AddThis Social Bookmark Button

    Africa’s Hunters from Smithsonian Earth invites viewers into this world-renowned wildlife haven to witness the around-the-clock challenges for survival of some of Africa’s fiercest predators often manifesting into stolen kills, intimidation and even cub snatching.

Crime

  • East Liverpool Heroin Overdose Victims Survive

    AddThis Social Bookmark Button

    James Lee Acord and Rhonda Pasek, the couple whose graphic overdose picture taken by responding officers has gone viral, survived the incident and after hospitalization were reprimanded to the local county jail until court appearances.

     
  • Michael Skakel, Kennedy Cousin, Set To Be Released

    AddThis Social Bookmark Button

    Michael Skakel, nephew to the late Robert F. Kennedy, is set to be released from the Connecticut prison where he has spent the last 11years for the 1975 bludgeoning death of neighbor Martha Moxley.

     
  • Alpine High School Active Shooter Story Unfolds Differently; Officer Involved Shooting Wounds One

    AddThis Social Bookmark Button

    A freshman girl in West Texas committed suicide with a single self-inflicted gunshot this week after wounding a fellow female student at Alpine High School after the directed incident escalated resulting in an officer involved shooting of a fellow first responder.

     
  • Sandy Hook Massacre: The Slaughter of the Innocent

    AddThis Social Bookmark Button

    20 children and six adults were slaughtered, Friday, when a lone gunman fought his way into Sandy Hook Elementary School, in Newtown, Connecticut, armed with enough ammunition to murder every student in this small New York City suburb.

     
  • James Bulger Appeal Deadline Nears

    AddThis Social Bookmark Button

    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.

Theatre, Music, Books

  • Honeymoon In Vegas Review – Go For The Music, Stay For The Elvis Impersonators

    AddThis Social Bookmark Button

    Writing reviews to send out is actually quite difficult for me.  The truth is, I’m a theatre snob, and I’m pretty hard to please.  Without creative geniuses such as Rodgers and Hammerstein, Leonard Bernstein, or even Stephen Sondheim, it’s hard for me to give my endorsement.  Not this time.  You will love ‘Honeymoon In Vegas’.

     
  • Tyler Hilton Secues London's Blue Soap To Arrange Interviews and Airplay for US Tour

    AddThis Social Bookmark Button

    We're delighted to be working with musician and One Tree Hill actor Tyler Hilton to secure airplay and arrange interviews ahead of his upcoming 30 city American tour. The focus tracks from the album and advance dates are enclosed! Support is hugely appreciated!

     
  • After Snowden - Privacy, Secrecy and Security in the Information Age Review – Opens The Floor to Debate

    AddThis Social Bookmark Button

    In June 2013, Edward Snowden leaked thousands of documents he stole from the National Security Agency (NSA), from several laptop computers, exposing flaws and violations of the Fourth Amendment routinely practiced in the Domestic Surveillance program.

     
  • In My Footsteps: A Traveler’s Guide to Martha’s Vineyard Review - Compact, Beautiful, Informative

    AddThis Social Bookmark Button

    In My Footsteps, A Traveler’s Guide to Martha’s Vineyard, from author Christopher Sutterland and Schiffer Publishing, presents a comprehensive guide to one of the most iconic and affluent summer island destinations on the Eastern Seaboard.

     
  • Jayne Avaunt, Canada's Newest Pop Sensation, Hits U.S. Airwaves

    AddThis Social Bookmark Button

    Jayne Avaunt, Canada’s newest pop sensation, is now blazing the Americans musical charts with her hit single, Hear Me. Hear Jayne out with Hear Me,and see what bloggers are talking about.