Brendan Dassey Case Discussion

Brendan Dassey Case Discussion

Postby Bruce Fischer » Tue Mar 08, 2016 1:31 am

Brendan Dassey is now an Injustice Anywhere Featured case. Please use this thread to discuss specifics of the Dassey case.
"This could happen to any one of you. If you don't believe it could happen, you are either misinformed or in a state of deep denial" -- Debra Milke
User avatar
Bruce Fischer
Site Admin
 
Posts: 4460
Joined: Thu May 06, 2010 4:26 pm
Location: USA

Re: Brendan Dassey Case Discussion

Postby Chris_Halkides » Tue Mar 08, 2016 9:27 am

http://gmancasefile.com/moore-to-the-st ... art-3-of-3

"Again, when people ask, "how do injustices and wrongful convictions occur?" I point to actions like this, and judges that allow prosecutors or defense attorneys to get away with them. If this had occurred in front of a U.S. federal judge, a mistrial would almost certainly have been declared, and Kratz reported to the bar for malfeasance, if the judge didn't mete out his own very real punishment right in the courtroom. But in this courtroom of Judge Patrick Willis, not only was a mistrial not declared, but the statement by Dassey was not even struck. I suspect Kratz knew Willis wouldn't sanction him. I was left slack-jawed. All judges are not created equal. Some are over-matched by their task."

It is nice to see someone who was in law enforcement take this investigation and prosecution to task.
Chris_Halkides
 
Posts: 1809
Joined: Tue Nov 02, 2010 4:33 pm

Re: Brendan Dassey Case Discussion

Postby Chris_Halkides » Thu Mar 10, 2016 5:43 am

"I see something that almost makes one ashamed to be an American,” [false confession expert RIchard] Ofshe said. “It’s that bad. I’ve studied the transcripts… they threatened him. They told him there are people who want to charge him and we are your shield from those people. … ‘We are going to help you.’ They tell him repeatedly as long as Steven told you to do this, you didn’t do anything wrong… And then through that they get him to say anything that they want him to say.”" http://abcnews.go.com/US/making-murdere ... d=37353929
Chris_Halkides
 
Posts: 1809
Joined: Tue Nov 02, 2010 4:33 pm

Re: Brendan Dassey Case Discussion

Postby Chris_Halkides » Thu Mar 10, 2016 8:48 am

A portion of Model Rules of Professional Conduct 3.8 from the American Bar Association reads,
"(f) except for statements that are necessary to inform the public of the nature and extent of the prosecutor's action and that serve a legitimate law enforcement purpose, refrain from making extrajudicial comments that have a substantial likelihood of heightening public condemnation of the accused and exercise reasonable care to prevent investigators, law enforcement personnel, employees or other persons assisting or associated with the prosecutor in a criminal case from making an extrajudicial statement that the prosecutor would be prohibited from making under Rule 3.6 or this Rule."

Ken Kratz's press conference would appear to be in conflict with some of the special responsibilities of the prosecutor.
Chris_Halkides
 
Posts: 1809
Joined: Tue Nov 02, 2010 4:33 pm

Re: Brendan Dassey Case Discussion

Postby Bruce Fischer » Mon Mar 14, 2016 2:57 am

Injustice Anywhere has a new website for the Brendan Dassey case. If you would like to help add content, please contact me or post here. Thanks.

http://www.freebrendan.org
"This could happen to any one of you. If you don't believe it could happen, you are either misinformed or in a state of deep denial" -- Debra Milke
User avatar
Bruce Fischer
Site Admin
 
Posts: 4460
Joined: Thu May 06, 2010 4:26 pm
Location: USA

Re: Brendan Dassey Case Discussion

Postby Jax » Thu Mar 17, 2016 12:13 pm

I just registered for this event where Brendan's lawyers will discuss the case:
http://law.alumni.northwestern.edu/s/14 ... alcid=6752
Jax
 
Posts: 31
Joined: Tue Feb 23, 2016 5:43 pm

Re: Brendan Dassey Case Discussion

Postby Chris_Halkides » Tue Apr 12, 2016 5:36 pm

Brendan Dassey will be the subject of Injustice Anywhere Radio tonight at 9 PM EDT.
Chris_Halkides
 
Posts: 1809
Joined: Tue Nov 02, 2010 4:33 pm

Re: Brendan Dassey Case Discussion

Postby Jax » Tue Apr 26, 2016 12:00 pm

We are so close to our goal. Please take a moment to sign & share the petition to pass Brendan Dassey's Law In Wisconsin. No minor should be interrogated without a lawyer present. Wisconsin is our first stop and then we go to each & every state.
https://www.change.org/p/please-pass-br ... er-present
Jax
 
Posts: 31
Joined: Tue Feb 23, 2016 5:43 pm

Re: Brendan Dassey Case Discussion

Postby Blanceton » Tue Apr 26, 2016 12:09 pm

Jax wrote:I just registered for this event where Brendan's lawyers will discuss the case:
http://law.alumni.northwestern.edu/s/14 ... alcid=6752


I went to an event where Avery's lawyers discussed the case, even though they are no longer representing him. Weird mix of law and entertainment. Does his new lawyer approve of what his old lawyers are doing?

I'm not sure about Avery but I am pretty sure that Dassey's interrogation should not have been given any serious weight due to his below normal IQ and the way that his answers seemed to be shaped by the police over the course of the interrogation.

Maybe I have forgotten something, but is there any forensic evidence tying Dassey to the crime?
Blanceton
 
Posts: 8
Joined: Tue Apr 26, 2016 10:02 am

Re: Brendan Dassey Case Discussion

Postby Samson » Wed Jun 15, 2016 2:41 am

I think this account of Teina Pora and his confession will be seen to be a close replica of Brendan Dassey,s situation, in age, mental acuity and most other features.

http://www.nzherald.co.nz/nz/news/artic ... d=11657185
Justice is an issue not a word. Find one issue that isn't fair and change that, and that's justice.
Samson
 
Posts: 1951
Joined: Sat Dec 28, 2013 12:21 pm

Re: Brendan Dassey Case Discussion

Postby Bill Williams » Fri Aug 12, 2016 2:32 pm

I hope this is true:

Making a Murderer's Brendan Dassey Conviction Overturned,
Could Be Released in 90 Days


http://www.eonline.com/news/787359/making-a-murderer-s-brendan-dassey-conviction-overturned-could-be-released-in-90-days
    “The only way I can pay back for what fate and society have handed me is to try, in minor totally useless ways, to make an angry sound against injustice.”
    Martha Gellhorn
Bill Williams
 
Posts: 8059
Joined: Thu Oct 06, 2011 5:49 pm

Re: Brendan Dassey Case Discussion

Postby Sinsaint » Fri Aug 12, 2016 3:42 pm

Bill Williams wrote:I hope this is true:

Making a Murderer's Brendan Dassey Conviction Overturned,
Could Be Released in 90 Days


http://www.eonline.com/news/787359/making-a-murderer-s-brendan-dassey-conviction-overturned-could-be-released-in-90-days


Very true! This is the best news ever!
Sinsaint
 
Posts: 750
Joined: Mon Oct 14, 2013 12:28 pm

Re: Brendan Dassey Case Discussion

Postby Clive Wismayer » Sat Aug 13, 2016 1:22 am

Blanceton wrote:
Jax wrote:I just registered for this event where Brendan's lawyers will discuss the case:
http://law.alumni.northwestern.edu/s/14 ... alcid=6752


I went to an event where Avery's lawyers discussed the case, even though they are no longer representing him. Weird mix of law and entertainment. Does his new lawyer approve of what his old lawyers are doing?

I'm not sure about Avery but I am pretty sure that Dassey's interrogation should not have been given any serious weight due to his below normal IQ and the way that his answers seemed to be shaped by the police over the course of the interrogation.

Maybe I have forgotten something, but is there any forensic evidence tying Dassey to the crime?

None whatever and the crime he described was utterly impossible, involving a perfect clean up of a cluttered room in which every spec of the victim's blood was removed. His interrogation was primitive in the extreme by modern standards (which evolved to address similar and well-known types of injustice):

1 no responsible adult present
2 no lawyer present
3 no caution
4 answers prompted by his interrgators
5 no allowance made for his low IQ
6 worst of all, he was set up by his own public defender who is not fit to practise

The only redeeming feature is that it was all taped, itself a remarkable thing, suggesting the officers actuall thought what they were doing was OK.
Clive Wismayer
 

Re: Brendan Dassey Case Discussion

Postby Sinsaint » Sat Aug 13, 2016 4:51 am

Clive Wismayer wrote:
Blanceton wrote:
Jax wrote:I just registered for this event where Brendan's lawyers will discuss the case:
http://law.alumni.northwestern.edu/s/14 ... alcid=6752


I went to an event where Avery's lawyers discussed the case, even though they are no longer representing him. Weird mix of law and entertainment. Does his new lawyer approve of what his old lawyers are doing?

I'm not sure about Avery but I am pretty sure that Dassey's interrogation should not have been given any serious weight due to his below normal IQ and the way that his answers seemed to be shaped by the police over the course of the interrogation.

Maybe I have forgotten something, but is there any forensic evidence tying Dassey to the crime?

None whatever and the crime he described was utterly impossible, involving a perfect clean up of a cluttered room in which every spec of the victim's blood was removed. His interrogation was primitive in the extreme by modern standards (which evolved to address similar and well-known types of injustice):

1 no responsible adult present
2 no lawyer present
3 no caution
4 answers prompted by his interrgators
5 no allowance made for his low IQ
6 worst of all, he was set up by his own public defender who is not fit to practise

The only redeeming feature is that it was all taped, itself a remarkable thing, suggesting the officers actuall thought what they were doing was OK.


Actually Clive, Len Kachinsky is a judge now. And the interrogation was only video taped because a new law had been in place requiring all interrogations of minors to be taped.
Sinsaint
 
Posts: 750
Joined: Mon Oct 14, 2013 12:28 pm

Re: Brendan Dassey Case Discussion

Postby Clive Wismayer » Sat Aug 13, 2016 7:18 am

Sinsaint wrote:
Clive Wismayer wrote:
Blanceton wrote:
Jax wrote:I just registered for this event where Brendan's lawyers will discuss the case:
http://law.alumni.northwestern.edu/s/14 ... alcid=6752


I went to an event where Avery's lawyers discussed the case, even though they are no longer representing him. Weird mix of law and entertainment. Does his new lawyer approve of what his old lawyers are doing?

I'm not sure about Avery but I am pretty sure that Dassey's interrogation should not have been given any serious weight due to his below normal IQ and the way that his answers seemed to be shaped by the police over the course of the interrogation.

Maybe I have forgotten something, but is there any forensic evidence tying Dassey to the crime?

None whatever and the crime he described was utterly impossible, involving a perfect clean up of a cluttered room in which every spec of the victim's blood was removed. His interrogation was primitive in the extreme by modern standards (which evolved to address similar and well-known types of injustice):

1 no responsible adult present
2 no lawyer present
3 no caution
4 answers prompted by his interrgators
5 no allowance made for his low IQ
6 worst of all, he was set up by his own public defender who is not fit to practise

The only redeeming feature is that it was all taped, itself a remarkable thing, suggesting the officers actuall thought what they were doing was OK.


Actually Clive, Len Kachinsky is a judge now. And the interrogation was only video taped because a new law had been in place requiring all interrogations of minors to be taped.

Yeah, I heard he made judge :facepalm:
Clive Wismayer
 

Re: Brendan Dassey Case Discussion

Postby Sinsaint » Sat Aug 13, 2016 7:28 am

Clive wrote:Yeah, I heard he made judge :facepalm:


Yep. Got a Teenage Mutant Ninja Turtle sitting on the bench now.
Sinsaint
 
Posts: 750
Joined: Mon Oct 14, 2013 12:28 pm

Re: Brendan Dassey Case Discussion

Postby Clive Wismayer » Sat Aug 13, 2016 7:59 am

Sinsaint wrote:
Clive wrote:Yeah, I heard he made judge :facepalm:


Yep. Got a Teenage Mutant Ninja Turtle sitting on the bench now.

Lol
Clive Wismayer
 

Re: Brendan Dassey Case Discussion

Postby ScifiTom » Sat Aug 13, 2016 10:42 am

Clive Wismayer wrote:
Sinsaint wrote:
Clive wrote:Yeah, I heard he made judge :facepalm:


Yep. Got a Teenage Mutant Ninja Turtle sitting on the bench now.

Lol


To Clive & Saint

Hey Clive & Saint, I would be very careful right now, even after watching the Olympics into the swimming style of Michael Phelps. Gosh it got so scary in there that now we got to watch out for him, even he can put a spell on you!!!

Image
TMJ

Anne Hathaway number 1 fan

I am willing to walk 2,508 miles to Norfolk VA to Las Vegas NV!

Free: Kirstin Lobato, in Las Vegas NV
User avatar
ScifiTom
 
Posts: 4645
Joined: Fri Aug 27, 2010 7:58 am
Location: Norfolk Va

Re: Brendan Dassey Case Discussion

Postby Chris_Halkides » Tue Aug 16, 2016 8:52 am

"Of course, Dassey's legal case is also completely separate from Avery's, as they were prosecuted separately for Halbach's murder. In fact, Avery was prosecuted first as the sole perpetrator of Halbach's murder. "One man and one man only" was to blame, Prosecutor Kenneth Kratz memorably declared at Avery's trial – a stark contrast to the televised press conference he had given following Dassey's coerced confession the year before, in which he described both defendants raping and murdering Halbach in lurid detail."

""If a prosecution presents inconsistent and irreconcilable theories to two different juries on the same crime, it's indisputable that at least one of those trials is not a search for the truth," Avery's trial attorney Dean Strang told Rolling Stone earlier this year. "If one narrative is true, the other one can't be true and if you're presenting both of them, at least in one of those trials, you're not on a search for the truth. And a fair question is whether, in either trial, they're in search of the truth or just two convictions.""
http://www.rollingstone.com/culture/fea ... ry-w434421

One wishes that some kind of reform to prevent this kind of tap dancing could be crafted, but offhand I don't see how.
Chris_Halkides
 
Posts: 1809
Joined: Tue Nov 02, 2010 4:33 pm

Re: Brendan Dassey Case Discussion

Postby ScifiTom » Thu Aug 18, 2016 8:38 pm

To everyone

Well it is official right now that once again Vince McMahon is going to get another :jaw-dropping: moment that X-Pac is going to give Wrestle Mania Ticket to Brendan Dassey and here the article right now!!!

http://www.prowrestlingsheet.com/x-pac- ... 7Ztm4-cGUk

Poor Vince McMahon he didn't want anyone to help out this case, even come on what wrong with a wrestler or a former wrestler has his or her rights to help out. I am glad Brendan got his dream and now it is official he going to Wrestle Mania 33 in Orlando Florida!!!
TMJ

Anne Hathaway number 1 fan

I am willing to walk 2,508 miles to Norfolk VA to Las Vegas NV!

Free: Kirstin Lobato, in Las Vegas NV
User avatar
ScifiTom
 
Posts: 4645
Joined: Fri Aug 27, 2010 7:58 am
Location: Norfolk Va

Re: Brendan Dassey Case Discussion

Postby Chris_Halkides » Fri Aug 19, 2016 12:23 pm

With the “Making a Murderer” case, he [Professor Richard Leo] was asked to be involved in the appeal of Brendan Dassey —a teenager convicted of the murder of Wisconsin photographer Teresa Halbach— by the Center on Wrongful Convictions of Youth at Northwestern University School of Law. “They were concerned that his confession was involuntary and may be false,” says Leo, who has not seen the series. “They had me review the video and reports, and I made a report.” Dassey’s videotaped interrogation and confession, which was subsequently recanted, played a pivotal role in the documentary series. Leo also testified in a post-conviction hearing for Dassey. A federal judge this month overturned the conviction of Dassey.
https://www.usfca.edu/news/expert-law-p ... -spotlight
Chris_Halkides
 
Posts: 1809
Joined: Tue Nov 02, 2010 4:33 pm

Re: Brendan Dassey Case Discussion

Postby Bruce Fischer » Fri Sep 09, 2016 2:23 pm

The State is appealing the decision to overturn Dassey's conviction.

https://www.doj.state.wi.us/news-releases/ag-schimel-files-notice-appeal-dassey-v-dittmann

Missouri did the same thing with Ryan Ferguson. The State's appeal was quickly denied by the higher court in Ferguson's case. Hopefully we will see similar results here.
"This could happen to any one of you. If you don't believe it could happen, you are either misinformed or in a state of deep denial" -- Debra Milke
User avatar
Bruce Fischer
Site Admin
 
Posts: 4460
Joined: Thu May 06, 2010 4:26 pm
Location: USA

Re: Brendan Dassey Case Discussion

Postby Bruce Fischer » Fri Sep 09, 2016 2:29 pm

Attorney General Brad Schimel files notice of appeal in Brendan Dassey case

http://fox6now.com/2016/09/09/attorney-general-schimel-files-notice-of-appeal-in-dassey-case/
"This could happen to any one of you. If you don't believe it could happen, you are either misinformed or in a state of deep denial" -- Debra Milke
User avatar
Bruce Fischer
Site Admin
 
Posts: 4460
Joined: Thu May 06, 2010 4:26 pm
Location: USA

Re: Brendan Dassey Case Discussion

Postby Sinsaint » Fri Sep 09, 2016 6:33 pm

Bruce Fischer wrote:The State is appealing the decision to overturn Dassey's conviction.

https://www.doj.state.wi.us/news-releases/ag-schimel-files-notice-appeal-dassey-v-dittmann

Missouri did the same thing with Ryan Ferguson. The State's appeal was quickly denied by the higher court in Ferguson's case. Hopefully we will see similar results here.


Pathetic IMHO but I think it was pretty obvious the state would take this route considering it's really their only viable option. They can't just leave him go and they have nothing to retry him with so...
Sinsaint
 
Posts: 750
Joined: Mon Oct 14, 2013 12:28 pm

Re: Brendan Dassey Case Discussion

Postby erasmus44 » Sat Sep 10, 2016 11:12 am

Bruce Fischer wrote:The State is appealing the decision to overturn Dassey's conviction.

https://www.doj.state.wi.us/news-releases/ag-schimel-files-notice-appeal-dassey-v-dittmann

Missouri did the same thing with Ryan Ferguson. The State's appeal was quickly denied by the higher court in Ferguson's case. Hopefully we will see similar results here.



They just can't let it go. Failing to appeal would be seen as a kind of acknowledgement of wrongdoing on the part of the police. The problem is that by appealing this ridiculous case they could set the stage for a decision by a higher court on the interrogation issue which would establish a rule of law which could haunt them in future cases. They also get to educate some higher court judges on just how bad interrogations can get and how plausible false confession allegations are. The appeal is understandable as a tactical move in this case but idiotic as a long term strategic move.
erasmus44
 
Posts: 3122
Joined: Thu Sep 29, 2011 12:10 pm

Re: Brendan Dassey Case Discussion

Postby Bruce Fischer » Sat Sep 10, 2016 12:36 pm

erasmus44 wrote:
Bruce Fischer wrote:The State is appealing the decision to overturn Dassey's conviction.

https://www.doj.state.wi.us/news-releases/ag-schimel-files-notice-appeal-dassey-v-dittmann

Missouri did the same thing with Ryan Ferguson. The State's appeal was quickly denied by the higher court in Ferguson's case. Hopefully we will see similar results here.



They just can't let it go. Failing to appeal would be seen as a kind of acknowledgement of wrongdoing on the part of the police. The problem is that by appealing this ridiculous case they could set the stage for a decision by a higher court on the interrogation issue which would establish a rule of law which could haunt them in future cases. They also get to educate some higher court judges on just how bad interrogations can get and how plausible false confession allegations are. The appeal is understandable as a tactical move in this case but idiotic as a long term strategic move.


I like your thoughts on the possibility of new legislation coming out of this case. The more attention that can be driven to all of these cases, the better. The public won't demand reform if they are unaware of the problems.
"This could happen to any one of you. If you don't believe it could happen, you are either misinformed or in a state of deep denial" -- Debra Milke
User avatar
Bruce Fischer
Site Admin
 
Posts: 4460
Joined: Thu May 06, 2010 4:26 pm
Location: USA

Re: Brendan Dassey Case Discussion

Postby Chris_Halkides » Sat Sep 10, 2016 1:16 pm

AG Schimel said in part, "The Halbach family has been notified of the appeal and fully supports the State’s decision to seek justice on behalf of their daughter."

I was a proud resident of the State of Wisconsin while I was in graduate school, but this action is shameful. Attorney General Schimel could have taken a page from AG Roy Cooper's playbook during the Duke lacrosse case, but he chose a dishonorable path. If AG Schimel were actually interested in justice for Ms. Halbach, he would acknowledge the obvious with respect to Mr. Dassey, and he would also seek a new trial for Mr. Avery.
Chris_Halkides
 
Posts: 1809
Joined: Tue Nov 02, 2010 4:33 pm

Re: Brendan Dassey Case Discussion

Postby Samson » Sat Sep 10, 2016 2:38 pm

Chris_Halkides wrote:AG Schimel said in part, "The Halbach family has been notified of the appeal and fully supports the State’s decision to seek justice on behalf of their daughter."

I was a proud resident of the State of Wisconsin while I was in graduate school, but this action is shameful. Attorney General Schimel could have taken a page from AG Roy Cooper's playbook during the Duke lacrosse case, but he chose a dishonorable path. If AG Schimel were actually interested in justice for Ms. Halbach, he would acknowledge the obvious with respect to Mr. Dassey, and he would also seek a new trial for Mr. Avery.

This reaction of the Halbach family seems to mirror that of the Kercher family after the 2011 acquittal, and many other cases including
that of Maria Riddulph, where John Daniel McCullough has recently been released.
http://www.ibtimes.co.uk/us-ex-policeme ... 7-1555138#
http://edition.cnn.com/2016/04/15/us/19 ... a-ridulph/

There is something going on that must have an explanation not obvious to me.
Justice is an issue not a word. Find one issue that isn't fair and change that, and that's justice.
Samson
 
Posts: 1951
Joined: Sat Dec 28, 2013 12:21 pm

Re: Brendan Dassey Case Discussion

Postby Desert Fox » Sat Sep 10, 2016 6:23 pm

Samson wrote:
Chris_Halkides wrote:AG Schimel said in part, "The Halbach family has been notified of the appeal and fully supports the State’s decision to seek justice on behalf of their daughter."

I was a proud resident of the State of Wisconsin while I was in graduate school, but this action is shameful. Attorney General Schimel could have taken a page from AG Roy Cooper's playbook during the Duke lacrosse case, but he chose a dishonorable path. If AG Schimel were actually interested in justice for Ms. Halbach, he would acknowledge the obvious with respect to Mr. Dassey, and he would also seek a new trial for Mr. Avery.

This reaction of the Halbach family seems to mirror that of the Kercher family after the 2011 acquittal, and many other cases including
that of Maria Riddulph, where John Daniel McCullough has recently been released.
http://www.ibtimes.co.uk/us-ex-policeme ... 7-1555138#
http://edition.cnn.com/2016/04/15/us/19 ... a-ridulph/

There is something going on that must have an explanation not obvious to me.


The family reaction is similar to that of family of Michelle Moore-Bosko in the the Norfolk Four case as well
User avatar
Desert Fox
 
Posts: 2276
Joined: Wed Aug 06, 2014 7:50 pm

Re: Brendan Dassey Case Discussion

Postby erasmus44 » Sat Sep 10, 2016 11:06 pm

Samson wrote:
Chris_Halkides wrote:AG Schimel said in part, "The Halbach family has been notified of the appeal and fully supports the State’s decision to seek justice on behalf of their daughter."

I was a proud resident of the State of Wisconsin while I was in graduate school, but this action is shameful. Attorney General Schimel could have taken a page from AG Roy Cooper's playbook during the Duke lacrosse case, but he chose a dishonorable path. If AG Schimel were actually interested in justice for Ms. Halbach, he would acknowledge the obvious with respect to Mr. Dassey, and he would also seek a new trial for Mr. Avery.

This reaction of the Halbach family seems to mirror that of the Kercher family after the 2011 acquittal, and many other cases including
that of Maria Riddulph, where John Daniel McCullough has recently been released.
http://www.ibtimes.co.uk/us-ex-policeme ... 7-1555138#
http://edition.cnn.com/2016/04/15/us/19 ... a-ridulph/

There is something going on that must have an explanation not obvious to me.



The victim's family naturally meets with and relies on the police and prosecutor for information etc. It is unusual for there to be much space between the victim's family and the prosecution. That's one of the things I like about the Christopher Tapp case - the victim's mother is absolutely convinced that he is innocent.
erasmus44
 
Posts: 3122
Joined: Thu Sep 29, 2011 12:10 pm

Re: Brendan Dassey Case Discussion

Postby Mediocrates » Tue Apr 18, 2017 5:49 pm

Perhaps this is because the families get to see more information from the police file than the juries do, like things the defendant has said or done in the past that get ruled inadmissible even though they are telling. For example, I just saw a documentary on a case in the UK where a defendant used a car to kill someone after a bar fight in a parking lot, and they had used a car in a similar fashion two times before that, but the court was not allowed to consider this information. Crazy. Goes against common sense. The family of the victim knew the defendant's past, but the court pretended it never happened.
Mediocrates
 
Posts: 101
Joined: Tue Apr 18, 2017 5:23 pm

Re: Brendan Dassey Case Discussion

Postby Chris_Halkides » Wed Apr 19, 2017 10:57 am

Mediocrates,

Your hypothesis fails to explain cases in which the defendant had a cast-iron alibi, yet the family of the victim still thought him guilty (Eric Volz and Russ Faria come to mind).
Chris_Halkides
 
Posts: 1809
Joined: Tue Nov 02, 2010 4:33 pm

Re: Brendan Dassey Case Discussion

Postby Bruce Fischer » Thu Jun 22, 2017 2:56 pm

“Brendan won!” Appeals court affirms decision by judge to overturn Dassey’s conviction

http://fox6now.com/2017/06/22/7th-circuit-court-of-appeals-affirms-decision-by-judge-to-overturn-brendan-dasseys-conviction/
"This could happen to any one of you. If you don't believe it could happen, you are either misinformed or in a state of deep denial" -- Debra Milke
User avatar
Bruce Fischer
Site Admin
 
Posts: 4460
Joined: Thu May 06, 2010 4:26 pm
Location: USA

Re: Brendan Dassey Case Discussion

Postby Chris_Halkides » Thu Jun 22, 2017 3:07 pm

Finally.
Chris_Halkides
 
Posts: 1809
Joined: Tue Nov 02, 2010 4:33 pm

Re: Brendan Dassey Case Discussion

Postby erasmus44 » Thu Jun 22, 2017 4:05 pm

Chris_Halkides wrote:Finally.



Not quite. The state will probably seek en band review and, if it loses, might even try to go to the Supreme Court.
The Dassey situation is one of the clearest cases I have seen of a prosecutor's office that had absolutely no concern for the truth of what actually happened but was hell bent for leather to try to "close the file" whatever the consequences.
erasmus44
 
Posts: 3122
Joined: Thu Sep 29, 2011 12:10 pm

Re: Brendan Dassey Case Discussion

Postby Numbers » Thu Jun 22, 2017 6:44 pm

erasmus44 wrote:
Chris_Halkides wrote:Finally.



Not quite. The state will probably seek en band review and, if it loses, might even try to go to the Supreme Court.
The Dassey situation is one of the clearest cases I have seen of a prosecutor's office that had absolutely no concern for the truth of what actually happened but was hell bent for leather to try to "close the file" whatever the consequences.


Yes, it looks like the State will appeal.

https://www.usatoday.com/story/news/nat ... 421159001/

Excepts:

"We are evaluating the 2-1 decision from the court," said Johnny Koremenos, director of communications and public affairs for the Wisconsin Department of Justice. "We anticipate seeking review by the entire 7th Circuit or the United States Supreme Court and hope that today’s erroneous decision will be reversed."

Dassey's attorneys said the ruling took their client one step closer to freedom.

“As of today, Brendan has been locked up for 4,132 days," said one of his attorneys, Laura Nirider. "For the first time, this decision brings the end of that road in sight. We’re not there yet."

Nirider stressed that the court’s ruling sent a strong message that the majority of the panel believed in Dassey’s innocence. “This is a confession that nobody can have any faith in.”
....
The ruling stated that prosecutors' case against Dassey in the original trial rested almost entirely on Dassey's interviews with police and one phone call with his mother — but no physical evidence.

"There was no physical evidence linking Dassey to the murder of Halbach — investigators did not find any of Dassey’s DNA or blood on any of the many objects that were mentioned in his confession — the knives in Avery’s house, gun, handcuffs, bed, RAV4, key or automotive dolly," the decision states.

The judges said the state appellate court ignored "many signs" that Dassey was trying to please investigators and a clear pattern of fact-finding and promises.

"By doing this — by linking promises to the words that the investigators wanted to hear, or allowing Dassey to avoid confrontation by telling the investigators what they wanted to hear — the confession became a story crafted by the investigators instead of by Dassey," the ruling states.
Expert witness testimony must be the product of reliable principles and methods. {Paraphrase of Fed. Rules of Evidence 702c}
Numbers
 
Posts: 1663
Joined: Mon Jun 16, 2014 8:29 pm

Re: Brendan Dassey Case Discussion

Postby ScifiTom » Fri Jun 23, 2017 7:32 pm

Bruce Fischer wrote:“Brendan won!” Appeals court affirms decision by judge to overturn Dassey’s conviction

http://fox6now.com/2017/06/22/7th-circuit-court-of-appeals-affirms-decision-by-judge-to-overturn-brendan-dasseys-conviction/


To Bruce

Thank you Bruce for the information and it about time, even I bet Ken Kratz is not happy right now. I can see it now of what is Ken Krats is saying right now: :curse: :curse: :curse: Yep he is angry even he losing his mind. I am loving it and I am glad he won his appeal. Next I hope they free him, even no word on that part yet, and thank you Bruce for the information!!!
TMJ

Anne Hathaway number 1 fan

I am willing to walk 2,508 miles to Norfolk VA to Las Vegas NV!

Free: Kirstin Lobato, in Las Vegas NV
User avatar
ScifiTom
 
Posts: 4645
Joined: Fri Aug 27, 2010 7:58 am
Location: Norfolk Va

Re: Brendan Dassey Case Discussion

Postby Numbers » Fri Sep 29, 2017 1:09 am

The case is now before the full 7th district federal appeals court. There's no set time for that court to issue a judgment.

http://www.jsonline.com/story/news/crim ... 702392001/

http://www.chicagotribune.com/news/chic ... story.html
Expert witness testimony must be the product of reliable principles and methods. {Paraphrase of Fed. Rules of Evidence 702c}
Numbers
 
Posts: 1663
Joined: Mon Jun 16, 2014 8:29 pm

Re: Brendan Dassey Case Discussion

Postby Chris_Halkides » Fri Sep 29, 2017 5:01 am

link [quote] As it stands now, Dassey’s confession is the only legally relevant issue and it is being reviewed through the lens of a controversial statute called AEDPA, which sets an extremely high standard for defendants to receive habeas corpus relief.

Several times during Tuesday’s hearing, the panel of judges made reference to specific sections of AEDPA, prodding the defense and prosecution to explain how Dassey’s case did or didn’t meet at least one of the two standards. Did Dassey’s case “involve an unreasonable application of clearly established Federal law?” Or was it “based on an unreasonable determination of the facts in light of the evidence presented in the State court proceeding?” [endquote]
Chris_Halkides
 
Posts: 1809
Joined: Tue Nov 02, 2010 4:33 pm

Re: Brendan Dassey Case Discussion

Postby erasmus44 » Fri Sep 29, 2017 11:02 am

Chris_Halkides wrote:link
As it stands now, Dassey’s confession is the only legally relevant issue and it is being reviewed through the lens of a controversial statute called AEDPA, which sets an extremely high standard for defendants to receive habeas corpus relief.

Several times during Tuesday’s hearing, the panel of judges made reference to specific sections of AEDPA, prodding the defense and prosecution to explain how Dassey’s case did or didn’t meet at least one of the two standards. Did Dassey’s case “involve an unreasonable application of clearly established Federal law?” Or was it “based on an unreasonable determination of the facts in light of the evidence presented in the State court proceeding?” [endquote]



Federal habeas has been subject to statutory and decisional rules cutting back on the rights of the wrongfully convicted at the very time that science gives us the tools to determine beyond any doubt that many people in prison are, in fact, innocent.
erasmus44
 
Posts: 3122
Joined: Thu Sep 29, 2011 12:10 pm


Return to Brendan Dassey Case ("Making a Murderer")

Who is online

Users browsing this forum: No registered users and 1 guest