Thursday, 19 October, 2017

Defense will seek to secure Dassey release

Francis Olson | 28 June, 2017, 18:59

On Thursday, a three-judge federal appeals panel ruled that the confession was improperly obtained, and the state of Wisconsin must either retry Dassey or release him from prison. Dassey, now 27, was 16 years old when he was arrested for allegedly helping uncle Steven Avery rape and murder Theresa Halbach.

Avery has claimed that he was framed for the murder and rape of Halbach by the local police, out of revenge for Avery suing Manitowoc County over a wrongful conviction for sexual assault.

The judges ruled that Wisconsin courts had failed to consider Dassey's age - he was 16 at the time of the confession - and his diminished mental capacity when they rejected his earlier appeals. He was interrogated without a parent or lawyer present and in Thursday's 2-1 ruling, judges wrote that the "fact-feeding, the false promises, the manipulation of Dassey's desire to please, the physical, fatherly assurances" led to a confession that should not be considered voluntary.

A spokesman for Wisconsin attorney general Brad Schimel said he would seek a review from the full Seventh Circuit (nine judges) or the US Supreme Court in the hopes "that today's erroneous decision will be reversed".

CBO: Senate health bill would leave 22 million more uninsured by 2026
Referring to Republican senators opposed to the bill, he added: "They want to get some points, I think they'll get some points". Famous last words, right? "We don't have too much of a choice, because the alternative is the dead carcass of Obamacare".

Dassey's uncle, Steven Avery, was convicted in a separate trial and is serving a life sentence. It's been a long time coming, but she says Avery is confident the evidence will result in just that. Looking at what people have had to say, there are two main different takes to the story: Some argue the investigators forced Dassey to confess, while others say he was aware of too much information on his own to not have taken part in the crime. Duffin called the confession "so clearly involuntary in a constitutional sense that the court of appeals' decision to the contrary was an unreasonable application of clearly established federal law". "We should reverse the district court's grant of the writ of habeas corpus".

"The Wisconsin state courts didn't look the specific qualities of Brendan Dassey-his intellectual limitations", Zellner said. The case has gained worldwide attention due to the Netflix documentary "Making a Murderer". An appeal by the state justice department has kept him behind bars since.

Last summer, we reported that the conviction ruling of Brendan Dassey was to be overturned, but in the months that followed, appeal after appeal arrived which saw Dassey remain in jail for a further ten months.

In a recorded exchange with his mother, Barb Janda, following the confession, Dassey said, "They got in my head". Authorities insisted the series was biased.

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