Brendan Dassey's Habeas Corpus Petition Granted

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CoolJ said:
What I would like to see is those two crooks who hide behind the badge, Fassbender & Wiegert, thrown in the clink for a long time. And put them in general pop. with the other like minded crooks.

Disgusting individuals.
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CoolJ
You took the words right outta my mouth!

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trigger said:
Poor Brendan...In 2013 A State of Appeals Court rejected Brendan's request for a new trial, so it had to go to Federal Court.

Let him out!


A state appeals court has rejected Brendan Dassey's request for a new trial on charges that he helped kill a young woman in 2005 in one of Wisconsin's most notorious crimes.
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Yep, I suppose the State officials must back one another and their decision making process🙄
CoolJ said:
Kratz is a different story altogether. I put him up there with the most vile human beings on the planet. The pedophiles, the mass murderers and the like. He seems mentally ill. Don't believe one word that comes out of his mouth. He is the baddest of the bad. He will do anything to anyone to serve his own agenda and sexually deviant mind. JMO
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I agree that those responsible for violating Brendan Dassey's constitutional rights should be charged with perverting the course of Justice, IMO.
 
Hmm. Just reading, I have a question. The court determined that his confession was "involuntary", right? Is that the same as "false"? Or has the court left the door open for prosecutors?
 
keyleigh said:
Hmm. Just reading, I have a question. The court determined that his confession was "involuntary", right? Is that the same as "false"? Or has the court left the door open for prosecutors?
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In legal terms it means, (quote):
An admission, especially by an individual who has been accused of a crime, that is not freely offered but rather is precipitated by a threat, fear, torture, or a promise.
 
And this, (quote),
Involuntary Confession Law & Legal Definition

An involuntary confession is a confession obtained where the installation of fear or a promise of benefit, related to the legal consequences as regards the accused, conveyed by another for the purpose of obtaining the confession, has so acted on the will of the confessor as to fetter the freedom of choice on the matter of whether he or she should confess. Due Process Clause of the Fourteenth Amendment bars the admission of involuntary confessions. While determining whether a confession was voluntary, courts make sure that the confession was “the product of an essentially free and unconstrained choice by its maker, that it was the product of a rational intellect and a free will and that the appellant's will was not overborne.” [United States v. Swint, 15 F.3d 286, 289 (3d Cir. Pa. 1994)]

http://definitions.uslegal.com/i/involuntary-confession/
 
From what i have read Brendan Dassey's involuntary confession should have been inadmissable in court. I guess that's why this result now. What a travesty of justice.
 
SCHMAE said:
Holy Macaroni! I'm very pleased with this. I fear it's probably a little too little, little too late . Brendan's been institutionalized for so long now , I don't know what kind of a life he can have.
It's so surprising. I thought the odds of him even getting a new trial were low. I never considered this.
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I am behind in reading but do so agree with all you said. When I saw the news I was so glad but then even forgetting how long he has been in the wrong place what has this place done to the teen who only wanted to get to his class on time. I do so hope he has family who will be there for him.
 
Itsmevkb said:
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?
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I too have always thought what takes so long...but given the other reasoning I had not thought of makes sense......thank you for your input.
 
krkrjx said:
I live in the state and I am very familiar with the area where this all went down. The state should let it go but I will be very surprised if they do. This is egg on their faces. Public outcry on Brendan's behalf might get some results but the people in authority in that area of the state are not going to take this defeat lightly. I think they will do anything they can get away with to further terrorize this young man; they do not like admitting they were wrong and that is the main reason I believe SA was railroaded. They took BD down only because they needed him to go down in order to succeed in their plan to get back at SA for making them look like the fools that they are when he was released after being wrongfully convicted of rape. People like this in positions of power are scarier than your average criminal.

All JMO.
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Agree 100%
What a frickin shame it is..
 
Sinsaint said:
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.
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I should have read further for there is this....the so obvious reasoning for immediate release. Thank you.
 
krkrjx said:
I live in the state and I am very familiar with the area where this all went down. The state should let it go but I will be very surprised if they do. This is egg on their faces. Public outcry on Brendan's behalf might get some results but the people in authority in that area of the state are not going to take this defeat lightly. I think they will do anything they can get away with to further terrorize this young man; they do not like admitting they were wrong and that is the main reason I believe SA was railroaded. They took BD down only because they needed him to go down in order to succeed in their plan to get back at SA for making them look like the fools that they are when he was released after being wrongfully convicted of rape. People like this in positions of power are scarier than your average criminal.

All JMO.
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I am not happy to read this and makes me upset at certain aspects of the system. Those who continually deny any wrong doing when the so obvious is there big time. And yet will not budge no matter what evidence is put before them. So true that they are very scary. All just my opinion too.
 
I haven't been here in a long time but I just had to swing by and say how happy I am!!!!!!! Seriously my heart is so happy!!! I feel for Brendan and my thoughts are with him while he waits to see if the state re-tries him. I think they would be fools to do so and the implications of this for Steven (in my opinion) are big!!! I'm air high fiving all of you!!

After his release I hope his supporters will continue to help him as he embarks on a whole new, very difficult journey that freedom after a wrongful conviction is.
 
pittie_mcclure said:
I haven't been here in a long time but I just had to swing by and say how happy I am!!!!!!! Seriously my heart is so happy!!! I feel for Brendan and my thoughts are with him while he waits to see if the state re-tries him. I think they would be fools to do so and the implications of this for Steven (in my opinion) are big!!! I'm air high fiving all of you!!

After his release I hope his supporters will continue to help him as he embarks on a whole new, very difficult journey that freedom after a wrongful conviction is.
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Hi fives back =) And BIG, BIG HUGS to you..
!!:hug::hug::
 
Hi Everyone.
I'm not here to get a rise or anything, I've posted on multiple topics in the past and try to remain balanced. It surprises me that people admit to not reading up on EVERYTHING available in this case, before committing to a declaration of innocence or guilt.

I am in a minority of people who think that both Dassey and Avery are Guilty. Put yourself in the States position after the informal interviews on the 5th & 6th of November in the back of the police car in Marionette County. Clearly, both Dassey & Avery are lying about certain aspects of their stories. Avery saying he could not remember what someone he had seen 14/15 times looked like. That he never spoke to her on the day. Dassey saying he did see Avery talking to Halbach and that he had move out of the way to let her drive out, then saying he saw her leave from his kitchen window.

These two were not under caution (a UK thing which means you are not under arrest, but just answering questions to help inquiries, not sure of the US equivalent.) Avery was clearly hiding something and Dassey was just unable to stick to the story he had been told to recount. (Including Halbachs own family might have set it up/ the car was planted/ the state did it because of the lawsuit. etc etc.)

All of that information was volunteered without prompting in those first couple of interviews. The police were right to be suspicious. Here is a link to the police interviews I am talking about.

http://www.stevenaverycase.org/police-interviews-and-interrogations/

If you have not listened to the interviews on the 5th & 6th of November, please do so while reading the transcripts. It will hopefully demonstrate that Dassey & Avery were not on the same page with regard to their stories, and from there, their lies were unraveled after months of prosecutors, trying to get to the bottom of the story.

In my opinion, there was no framing and the overall evidence is damning. Please don't take it personally if you disagree. I am happy to debate any point on this case with my fellow Websleuthers. :)
 
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