Brendan Dassey's Habeas Corpus Petition Granted

[BigCityAccountant]

Here is the last paragraph of an article (very in depth and informative) from a link i posted previously.
(Quote):
In densely populated urban areas, the cell towers are close together, and a much closer estimation of phone location can be made than in a rural area, where the towers are far apart.

Some of the newest cell phones can actually report a GPS location, and this is quite accurate, and doesn’t rely on the cell towers at all.

Using cell tower triangulation (3 towers), it is possible to determine a phone location to within an area of “about” ¾ square mile.

Cell tower locating evidence often goes unchallenged by the defense. Now that you have the basics, you should be in a position to challenge that kind of evidence when it’s called for.

Thought it was interesting.

Hi Karinna!! Nice to meet you!!

There me is way more research that thst in the phone calls thread..you might want to check that out!! I drive thru there all the time and tried to get the cell info both in LTE and the old fashioned phones. I pinpointed the tower SA was pinging off of...no luck with TH's though...

If if the hubby doesn't make me drive back home..I will have open signal active on my phone once again!!! I believe TH had LTE and SA has the old fashioned service.

 

[BigCityAccountant]

:happydance: good to see you are openly admitting you are on the :fence:

I'm curious BCA, I remember when you first came to the board..... you had your feet dug in and you were sure SA was guilty. Do you think that all the coverage of the pre-trial stuff and maybe even the news or media during the trial had an impact and was part of the reason you felt the way you did in the beginning?

I think where you are at now is what would be considered "reasonable doubt". ;-)

Also... I just want to say.... you have been a wonderful poster to converse with these past months, whether we agreed or not! You have researched things and gone down rabbit holes when I know that you didn't believe there was a rabbit at the bottom lol So just wanted to say :yourock:

Back at you girl!!! And...All those who stayed with this case for so long...Dexter IDK Jaddie Justice and everyone I might be forgetting right now... I love my websleuths family... Hugs!!

 

[Sinsaint]

I feel that he was certainly involved. He wasn't involved in the actual abduction of Teresa, I don't think he physically took her life but I feel he made it easier for Avery to and I genuinely believe witnessing the actual murder and the burning of the body was mentally devastating to him and he found it hard to deal with it. I also feel that he could have saved her or at the very least, told one of his family members so they could.

I don't think he should be released on a technicality or as long as he keeps claiming he had absolutely nothing to do with what happened that day but I do think that he will be released one day. His uncle on the other hand...

Your feelings aren't evidence and violating a person's constitutional rights to obtain a false confession is not a "technicality."

 

[krkrjx]

No one has said all previous evidence is inadmissable. The Judge decided it was the March 1st interview that he involuntarily confessed. There is still the interview in Crivitz and the Feb 27th one, Kayla's statement (even though she lied on the stand and took it back), the school counsellor that Kayla also talked to about it, his comments to his mother etc etc...

They have several options other than re-trying him. They can appeal to the 7th Circuit or they can offer him a plea agreement. If he accepted a plea deal it would finish Avery, it would finish Zellner and it would finish MaM 2, so I doubt BD would be permitted to agree to any plea bargain LOL...even though it would be the quickest way for him to get out of prison. The prosecution can also just do nothing and he leaves prison in less than 90 days.

All just my opinion.

BBM: Who would deny BD permission to agree to a plea bargain? And why would he need permission?

I hope BD doesn't agree to a deal but if he wants to and an agreement can happen, why would he not be allowed?

 

[Justiceseeker35]

We might get a glimpse at what Zellner has when she files her brief, but I doubt we will see all the phone records/tower info

hmmm I never thought about the $$$$ and Randant. My short list is not very short LOL

LOL i'm with you my short list is very long. But now KZ is saying it's not someone who has been presented. So I guess that means someone who was not named in brief that was ruled as 3rd parties couldn't be presented as alternatives. I guess I have to check back on those names.

 

[Karinna]

Hi Karinna!! Nice to meet you!!

There me is way more research that thst in the phone calls thread..you might want to check that out!! I drive thru there all the time and tried to get the cell info both in LTE and the old fashioned phones. I pinpointed the tower SA was pinging off of...no luck with TH's though...

If if the hubby doesn't make me drive back home..I will have open signal active on my phone once again!!! I believe TH had LTE and SA has the old fashioned service.

Hi BigCity Accountant, It's nice to meet you too, And thanks i will have a look on the phone calls thread . There certainly is very much info. on this case and lots of it is certainly cause for concern IMO.

 

[Limaes]

Well that's odd because there is no forensic evidence against Brendan Dassey linking him to TH's murder. Only the coerced confession got him those charges as far as i know. But thanks anyway.

What "coerced" confession? Do you mean the involuntary one?

Dassey's interview on the 27th February, which is still on the table, is easy to find online for you to read what he said to incriminate himself, including how his jeans come to be stained with bleach. So yes, there is physical evidence of him, at the least, participating in the removal of evidence and coverup of Teresa's murder.

 

[Limaes]

Your feelings aren't evidence and violating a person's constitutional rights to obtain a false confession is not a "technicality."

I was asked my opinion so I replied. That is why I said "I feel" because it just my opinion.

Perhaps checking out the document with the Judges full decision will help you understand because he never said they violated his rights to obtain a false confession. In fact, he stated that he didn't believe the investigators acted with ill intent.

 

[Limaes]

BBM: Who would deny BD permission to agree to a plea bargain? And why would he need permission?

I hope BD doesn't agree to a deal but if he wants to and an agreement can happen, why would he not be allowed?

Some who were involved in the case over 10 yrs ago believe that Ma, and especially Pa Avery, pressured BJ and BD not to accept a plea bargain to protect SA.

This time around there are more powerful people with something to lose if he accepts a plea agreement. People like Zellner and the MaM group for example.

I bet if Dassey was asked what he wants the most, it would be to go home asap. Unless the State drops it and lets him walk in under 90 days, a plea agreement may be the only way he gets out sooner rather than later. So, I agree with you. He should be allowed to accept one if he chooses to.

 

[Karinna]

What "coerced" confession? Do you mean the involuntary one?

Dassey's interview on the 27th February, which is still on the table, is easy to find online for you to read what he said to incriminate himself, including how his jeans come to be stained with bleach. So yes, there is physical evidence of him, at the least, participating in the removal of evidence and coverup of Teresa's murder.

Yes the involuntary one lol.
I also don't think Dassey would intentionally put himself in the frame if he wasn't intellectually challenged, that's why all of this is so wrong and he should never have been convicted in the first place. IMO
It is obvious his constitutional rights were violated and the Judge in overturning this conviction made the right call, IMO.

 

[BigCityAccountant]

LOL i'm with you my short list is very long. But now KZ is saying it's not someone who has been presented. So I guess that means someone who was not named in brief that was ruled as 3rd parties couldn't be presented as alternatives. I guess I have to check back on those names.

Hi Justice!!! Just got my tablet back from my son...LOL

Funny that you mentioned this..I was going to add that to the who did it, where, and why thread...Think I'll go do that now.

 

[missy1974]

Yes the involuntary one lol.
I also don't think Dassey would intentionally put himself in the frame if he wasn't intellectually challenged, that's why all of this is so wrong and he should never have been convicted in the first place. IMO
It is obvious his constitutional rights were violated and the Judge in overturning this conviction made the right call, IMO.

If the March 1st interview had been ruled inadmissible in the trial like it should have been, he never would have been convicted because there is still nothing linking him to the murder. The State would have been left with nothing.

Sure, they could have used his other interviews (if they weren't deemed inadmissible too LOL) but in that case, they would have had to go back to the evidence locker and plant TH's blood on a knife and probably have to put said knife under the seat of the truck because that was the "story" that Brendan went with at first LOL Oh and for good measure, they would have to get a new warrant, and hopefully plant the rope that Brendan said SA tied Teresa to the seat with before stabbing her first. But ya know.... they would have done all that in the name of "Justice"


It was obvious to Judge Duffin that his rights were violated ;-) Here are a few excerpts.... I bolded what stands out to me :clap:

Thus, the court turns to the final obstacle to obtaining habeas relief – whether the
admission of the involuntary confession was harmless. Specifically, the court must
decide whether the admission of a confession obtained in violation of Dassey’s
constitutional rights “had substantial and injurious effect or influence in determining
the jury’s verdict.” Brecht v. Abrahamson, 507 U.S. 619, 637 (1993) (quoting Kotteakos v.
United States, 328 U.S. 750, 776 (1946)); see also Ayala, 135 S. Ct. at 2197.

Having thoroughly
reviewed the trial transcript, the court has no difficulty concluding that the admission
of Dassey’s confession was not a harmless error. Dassey’s confession was, as a practical
matter, the entirety of the case against him on each of the three counts.

 

[Justiceseeker35]

What "coerced" confession? Do you mean the involuntary one?

Dassey's interview on the 27th February, which is still on the table, is easy to find online for you to read what he said to incriminate himself, including how his jeans come to be stained with bleach. So yes, there is physical evidence of him, at the least, participating in the removal of evidence and coverup of Teresa's murder.

The jeans are stained with bleach yes but do the jeans contain
TH blood?
TH body fluids?
TH dna?
None of the above.
The bleach stained jeans are irrelevant. They only proved at some point in the past he cleaned up something that needed bleach. Given he helped out around an auto salvage no doubt he'd get some form of cleaning fluid on his clothes.

 

[RANCH]

I'm not too familiar with the prosecution of Brendan Dassey. Did the state only present his "confession" to the jury at his trial? Was any other evidence presented to the jury by the state pointing towards his guilt?

The reason why I'm asking is since the confession was thrown out and his conviction overturned I've seen posts here saying that the state has no other evidence besides the confession. If that's all the state had,and it's clear that LE was wrong in obtaining the confession, and there was no other evidence pointing towards his guilt, why didn't his original attorneys point that out to the jury?

There was either more evidence pointing towards his guilt or he had some lame defense attorneys. It seems like I'm missing something in this story. JMO

 

[Jaiddie]

http://www.postcrescent.com/story/n...ts-evidence-lacking-dassey-re-trial/88823184/ 'Experts: Evidence Lacking for Dassey Re-Trial' The latest article out from my favorite reporter.

 

[RANCH]

http://www.postcrescent.com/story/n...ts-evidence-lacking-dassey-re-trial/88823184/ 'Experts: Evidence Lacking for Dassey Re-Trial' The latest article out from my favorite reporter.

Thanks for the link.

It looks like the defense and the jury was pretty lame. How do you use evidence that Steven Avery alone killed Teresa to convict Brendan? JMO

Notable physical evidence was introduced during Dassey's trial:

• Blood stains of Halbach in the cargo area of the Toyota RAV4 found at Avery salvage.
• Ammunition shells scattered around Avery's garage.
• A .22-caliber Marlin rifle kept in Avery's bedroom.
• Leg cuffs and handcuffs kept in Avery's bedroom.
• DNA recovered from under the RAV4 hood latch.
• Small droplets of blood in the front of the RAV4..

http://www.postcrescent.com/story/n...ts-evidence-lacking-dassey-re-trial/88823184/

 

[Karinna]

The jeans are stained with bleach yes but do the jeans contain
TH blood?
TH body fluids?
TH dna?
None of the above.
The bleach stained jeans are irrelevant. They only proved at some point in the past he cleaned up something that needed bleach. Given he helped out around an auto salvage no doubt he'd get some form of cleaning fluid on his clothes.

Exactly. I don't recall reading anywhere so far that there was any forensic or dna evidence of Brendan Dassey linking him to the crime.

 

[Karinna]

I'm not too familiar with the prosecution of Brendan Dassey. Did the state only present his "confession" to the jury at his trial? Was any other evidence presented to the jury by the state pointing towards his guilt?

The reason why I'm asking is since the confession was thrown out and his conviction overturned I've seen posts here saying that the state has no other evidence besides the confession. If that's all the state had,and it's clear that LE was wrong in obtaining the confession, and there was no other evidence pointing towards his guilt, why didn't his original attorneys point that out to the jury?

There was either more evidence pointing towards his guilt or he had some lame defense attorneys. It seems like I'm missing something in this story. JMO

BBM, Possibly because the whole case was corrupted and was set up to nail the two that were convicted of the crime? It happens and this case wouldn't be the first one that has happened in, see my sig. as that case was also a huge travesty of justice and a case from many years ago. IMO there is way too much reasonable doubt in this case about a lot of things just from what i have read so far. So it will be interesting to see what new evidence KZ has got.
And i'm sure everyone wants to see Justice for Teresa Halbach, and that is as it needs be, but not the type of justice that puts innocent people in prison.

 

[RANCH]

BBM, Possibly because the whole case was corrupted and was set up to nail the two that were convicted of the crime? It happens and this case wouldn't be the first one that has happened in. IMO there is way too much reasonable doubt in this case about a lot of things just from what i have read so far. So it will be interesting to see what new evidence KZ has got.
And i'm sure everyone wants to see Justice for Teresa Halbach, and that is as it needs be, but not the type of justice that puts innocent people in prison.

It bothers me greatly if defense attorneys are corrupted and do a crummy job that can cause a person to be put in prison for life.

Why should all of the blame be put on the state? I feel that the defense and the jury deserve more blame. JMO

 

[Karinna]

It bothers me greatly if defense attorneys are corrupted and do a crummy job that can cause a person to be put in prison for life.

Why should all of the blame be put on the state? I feel that the defense and the jury deserve more blame. JMO

I agree, and learned much from defense attorney's in the Casey Anthony & Trayvon Martin cases. And the juries in those cases, unconscionable IMO.
But it is what it is i guess, even though it's wrong. I don't know what the answers are, but there have been many innocent people in prisons unfortunately. Perhaps the system needs a huge overhaul in how things are conducted across the board?