Yes!!!!! He had no part in it. Hopefully released soon.
statement from Brendan's lawyers.
http://www.law.northwestern.edu/about/news/newsdisplay.cfm?ID=822
We look forward to taking the appropriate next steps to secure Brendan’s release from prison as soon as possible and are thrilled for him.
Sounds like they may request his release before the 90 days?
statement from Brendan's lawyers.
http://www.law.northwestern.edu/about/news/newsdisplay.cfm?ID=822
We look forward to taking the appropriate next steps to secure Brendan’s release from prison as soon as possible and are thrilled for him.
Sounds like they may request his release before the 90 days?
It is curious and I guess the ' slow wheels of justice' or some such nonsense because I don't see how they can hold him one day POST overturned conviction. Currently if his conviction is overturned, ( if im understaning it correctly ) he is an innocent man right now. Once overturned, they should release them ASAP because how are they holding him legally as a man who's never been convicted of any crime? Legal eagles, please explain. TIA
statement from Brendan's lawyers.
http://www.law.northwestern.edu/about/news/newsdisplay.cfm?ID=822
We look forward to taking the appropriate next steps to secure Brendan’s release from prison as soon as possible and are thrilled for him.
Sounds like they may request his release before the 90 days?
Given that most convictions are overturned on legal technicalities vs having proven actual innocence, the state is given time to decide if they are going to retry the person. This puts Dassey back to where he was right before the jury declared him guilty - he was in custody at that point as he was, and still is, charged with a crime. Had the judge felt he had proven that he was innocent he could have ordered him immediately released and said he could not be retried. That almost never happens.
Imagine this wasn't someone you believe is innocent but instead someone like (insert name of someone everyone agrees is guilty of a horrible crime) having his conviction being overturned over an issue like press access to the trial. Would you want that person immediate released?
Won't help Avery. Dassey's confession was not used against him during his trial.
Just watching Brendan's interrogation in the documentary made my heart hurt. I'm so so glad this is happening for him and pray the state will just let it go.
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Given that most convictions are overturned on legal technicalities vs having proven actual innocence, the state is given time to decide if they are going to retry the person. This puts Dassey back to where he was right before the jury declared him guilty - he was in custody at that point as he was, and still is, charged with a crime. Had the judge felt he had proven that he was innocent he could have ordered him immediately released and said he could not be retried. That almost never happens.
Imagine this wasn't someone you believe is innocent but instead someone like (insert name of someone everyone agrees is guilty of a horrible crime) having his conviction being overturned over an issue like press access to the trial. Would you want that person immediate released?
The only difference with your hypothetical is that Dassey's conviction hasn't been overturned based on a technicality. It's been overturned because his confession was false. Considering that's the only evidence the state ever had against him there is zero reason to believe he is anything but innocent.
Given that most convictions are overturned on legal technicalities vs having proven actual innocence, the state is given time to decide if they are going to retry the person. This puts Dassey back to where he was right before the jury declared him guilty - he was in custody at that point as he was, and still is, charged with a crime. Had the judge felt he had proven that he was innocent he could have ordered him immediately released and said he could not be retried. That almost never happens.
Imagine this wasn't someone you believe is innocent but instead someone like (insert name of someone everyone agrees is guilty of a horrible crime) having his conviction being overturned over an issue like press access to the trial. Would you want that person immediate released?
Right now he's back to being presumed innocent but he still stands charged with murder. So, until either the charges are dropped or a judge grants him bond, he'll stay in prison. That's how it works for everyone charged with a crime.
What's the difference between habeas corpus granted and overturned conviction ?
Absolutely, this could help Avery!It could help SA. I have always thought that one of the reasons they went after Brendan in the first place was because he was with SA that night... with him NOT killing TH. If they can't use his confessions, could he be used as a witness now for SA?