Recently the 12-year-old Wisconsin girl, accused of organizing the “slender man” stabbing was found fit to stand trial. She is accused on carrying out a stabbing of a friend based on directions from a fictional urban myth character, “Slender Man.”
The idea of a 12-year-old girl standing trial as an adult seems unorthodox at best. This case highlights many competency issues and how complicated competency can be when dealing with minors. Attorney Benjamin Van Severen highlights some of the major questions surrounds the “slender man” stabbing case:
“There are a number of competing issues here. First, you have to wonder if the girl is mentally stable without even considering the criminal proceedings. She talks of unicorns and imaginary creatures so that is one major concern. The second issue is the fact that she’s 12 years old. Can she really assist her attorneys in her defense or even understand the gravity of the crime she is charged with? Third, even if she’s fit to stand trial, is there going to be some form of insanity defense? Ultimately, just because this doctor declared her fit to stand trial, I don’t think this will be the last time competency becomes an issue in this case.”
Many people ask Attorney Theodore Perlick Molinari of Birdsall Law Offices if they will be convicted of the crime they are charged with. In this video, Theodore will explain what factors may play a part in determining that.
Being arrested and charged with a crime is most often a very difficult experience for someone to go through. It is important that you contact and EXPERIENCED defense attorney to make sure that your rights are preserved during the legal process. Birdsall Law Offices can offer you protection in the best defense for your particular case. If we cannot defend your case, we will refer you to someone that can. However, the attorneys at Birdsall Law Offices have many years of experience with successful outcomes for clients.
If you or a loved one was just arrested you need to read this:
Tiger Woods is just the latest example why it is NEVER a good idea to talk to the police. Check this story from CBS News. Apparently, Mrs. Woods tells some conflicting stories (Hmm, maybe I didn’t break out the window with a golf club after all) that could result in obstructing charges against her and domestic violence charges against both – possibly. The story attaches a wonderful video by by James Duane, a professor at the Regent University School of Law in Virginia Beach and former criminal defense attorney who argues very persuasively that you will NEVER help yourself by talking to the police. The video is found here.
This post on the Snitching Blog underscores the inherent danger in relying on snitches to provide testimony to make a case
Cleared of murder charges after serving 18 years, Fernando Bermudez was freed on Friday. See NYT story here and my previous post. Four witnesses recanted their testimony, stating that they had been pressured by the government into identifying Mr. Bermudez as the shooter. The main witness, Efraim Lopez, testified falsely under a cooperation agreement guaranteeing that he would not be charged with any crimes, even though he was centrally involved in the shooting. Judge Cataldo concluded that the government either knew or should have known Lopez was lying. Judge Cataldo’s opinion is available here. Although the government concedes that its main witness Lopez perjured himself at trial, it has announced that it intends to appeal.
This is the same problem that has plagued the criminal just system for decades – especially with the huge increase in the prosecution of drug conspiracies. The are almost universally built on snitch testimony.