Attorney in 'Slender Man' stabbing case breaks down cases involving children tried as adults

 

MILWAUKEE (CBS 58) -- Over the years, Wisconsin has seen high-profile cases involving minors being charged as adults and one attorney explains state law is the reason defendants end up in adult court.

Anthony Cotton, the former lawyer for Morgan Geyser, a teenager tried in adult court for stabbing a classmate to appease the fictional character "Slender Man," tells CBS 58 state law requires cases of children at least 10 years old facing serious crimes like homicide, to begin in adult court. That was the case for Geyser, who was found not guilty by reason of insanity and was sentenced to 40 years of commitment at a state mental health facility.

Cotton believes a not guilty verdict by reason of insanity could happen in the case of a Milwaukee 10-year-old. The little boy is being charged as an adult for allegedly shooting and killing his mother.

This verdict would depend on whether or not the boy was able to appreciate the criminality of his actions when he pulled the trigger.

"Most 10-year-olds don't appreciate the full scope of the consequences of their actions at all," Cotton said. "I've got a 9-year-old and a 7-year-old, so it hits somewhat close to home. The ability of them to conform their conduct to all requirements of the law, I think, is a far stretch. They're kids. Their brains aren't developed, they're immature and they're impulsive. This is so serious, so, it takes on a different level of course."

Cotton also believes there are many misconceptions about children being tried as adults.

"That person would still be housed in the children's facility, a children's jail, if that individual is convicted in adult court. Then, that person would remain in children's placement, a children's institution, or a juvenile detention center," he explained.

If a child is convicted as an adult, they would stay in a children's facility until they turn 18. If their sentences exceed that, they are transferred to an adult facility.

Meanwhile, children tried as juveniles can only be held by the justice system until they are 25 years old. Cotton believes that giving children the help they need and not condemning them to decades behind bars helps encourage them to become productive members of society.