Brendan Dassey's Habeas Corpus Petition Granted

[missy1974]

http://www.wkow.com/story/33719471/...on-proposed-supervised-release-its-about-time

Brendan's appointed trial lawyer was interviewed.

He says Dassey was consistent about the deadly events involving Halbach. "He never once told us he was involved," Fremgen says.

Fremgen says the attorney general should consider the long odds against prevailing in the attempt to stop the supervised release, in the appeal, and in any possible retrial, given the decision on Dassey's police interrogation.

"Society's changed in the last eleven years," he says. "I think ten, eleven years ago, they might be reluctant to hold police accountable for questionable interrogation techniques. I don't think that's the case anymore," Fremgen tells 27 News.

 

[missy1974]

IMO, releasing Dassey is the only fair way to proceed from here. If the state wants to retry him, they have that right. However, with him in prison awaiting a new trial the wheels will move slowly. Filings would happen on the deadline date rather than before in an attempt to drag things out as long as possible. Just to keep him incarcerated as long as possible because they fear he will be acquitted at a new trial.

That's my take, anyway.

Here is my take... and I hope I can put it into the proper words lol I have been really busy, but have read the motions, and gone back to the other motions/appeal and this is my understanding at the moment.

Judge Duffin has basically said to the State..... look, if your appeal is not successful, and his opinion it won't be, because, he wrote it and believes in his decision, and believes it will stand.... you (the State) have not shown me (Judge Duffin) any other reason why you would be successful in a re-trial without this "confession", you have not provided any other evidence that shows a likelihood of success at trial, so basically.... suck it.

The State's motion seems to have a lot of blah blah blah, but no real substance. I highly doubt that Duffin will change his mind, so the State will have to file their motion with the Seventh Circuit tomorrow.

Anyway, just my take at the moment, might have some more time to look at the motions on the weekend.... hopefully it won't be necessary because Brendan will be home

 

[Karinna]

Great news for Brendan to be released from prison. It's also sad because IMO he should never have been there in the first place.

 

[minusfour]

I'm late to this case, and still in catch up mode, so if this is a dense question, please forgive me, but what is the point of the State's appeal?

 

[CoolJ]

I'm late to this case, and still in catch up mode, so if this is a dense question, please forgive me, but what is the point of the State's appeal?

They are doing everything they possibly can so that Brendan doesn't get out and finally tell his side of the story. JMO

 

[Jennibee]

I am very happy for Brendan.

http://www.chicagotribune.com/news/...release-making-a-murderer-20161116-story.html


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[IDK]

I am very happy for Brendan.

http://www.chicagotribune.com/news/...release-making-a-murderer-20161116-story.html


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Wow!!!!:cheer: Awesome news!

 

[missy1974]

Laura Nirider's letter to Judge Duffin today:

http://www.stevenaverycase.org/wp-c...ter-in-Response-to-States-Motion_redacted.pdf

In short (IMO), it says, look... I don't have time for this, it's the same old blah blah blah, but hey, if you want, we will respond immediately.


Judge Duffin filed this order:

http://www.stevenaverycase.org/wp-c...tates-Motion-and-Granting-Dasseys-Release.pdf

The respondent’s motion to stay is denied.

and the best part.....

The United States Probation Office has informed the court that it has approved
the proposed residence of Brendan Dassey and completed all further pre-release
investigation it deemed necessary. Therefore, in accordance with this court’s order of
November 14, 2016 (ECF No. 37), the respondent shall release Brendan Dassey from the
custody of the Wisconsin Department of Corrections not later than 8:00 PM on Friday,
November 18, 2016.

Great news! I hope he is home before Friday!

 

[missy1974]

Press release from Wisconsin DOJ

https://www.doj.state.wi.us/news-re...-us-court-appeals-seventh-circuit-dassey-case


MADISON, Wis. – Today, U.S. Magistrate Judge William Duffin denied the State’s stay motion in the Brendan Dassey case and ordered Mr. Dassey’s release by 8:00 p.m. on Friday, November 18, 2016. Attorney General Brad Schimel will file an emergency motion today in the U.S. Court of Appeals for the Seventh Circuit seeking a stay of this release order and requesting relief by Friday, November 18, 2016.

 

[dexter75]

Laura Nirider's letter to Judge Duffin today:

http://www.stevenaverycase.org/wp-c...ter-in-Response-to-States-Motion_redacted.pdf

In short (IMO), it says, look... I don't have time for this, it's the same old blah blah blah, but hey, if you want, we will respond immediately.


Judge Duffin filed this order:

http://www.stevenaverycase.org/wp-c...tates-Motion-and-Granting-Dasseys-Release.pdf

The respondent’s motion to stay is denied.

and the best part.....

The United States Probation Office has informed the court that it has approved
the proposed residence of Brendan Dassey and completed all further pre-release
investigation it deemed necessary. Therefore, in accordance with this court’s order of
November 14, 2016 (ECF No. 37), the respondent shall release Brendan Dassey from the
custody of the Wisconsin Department of Corrections not later than 8:00 PM on Friday,
November 18, 2016.

Great news! I hope he is home before Friday!

Told ya so!!
Not YOU..my friend (s)
The doubters, those who felt this poor boy was/is GUILTY and thought there was absolutely NOTHING wrong with how LE handled HIS interview...
It WAS wrong..IMO ( NOT just mine either, apparently)
And he IS indeed INNOCENT.

Now onto Steven Avery..🤘❤
JMO


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[minor4th]

Press release from Wisconsin DOJ

https://www.doj.state.wi.us/news-re...-us-court-appeals-seventh-circuit-dassey-case


MADISON, Wis. – Today, U.S. Magistrate Judge William Duffin denied the State’s stay motion in the Brendan Dassey case and ordered Mr. Dassey’s release by 8:00 p.m. on Friday, November 18, 2016. Attorney General Brad Schimel will file an emergency motion today in the U.S. Court of Appeals for the Seventh Circuit seeking a stay of this release order and requesting relief by Friday, November 18, 2016.

It is bizarre that they are fighting this SOO hard, despite little chance of success.

 

[missy1974]

The State has filed with the Seventh Circuit
EMERGENCY MOTION TO STAY THE DISTRICT COURT’S ORDER RELEASING PRISONER
https://www.dropbox.com/s/9c5rlhyvu4zsaqi/Document.pdf?dl=0

Laura Nirider has also already filed a response
https://www.dropbox.com/s/bcal4m06fi2rbnh/Document (1).pdf?dl=0

I only glanced at the State's motion.... basically because I expect it to be much the same as what they have already filed in appeals with the district court, and the appeal brief they filed with the Seventh Circuit Court. Apparently Nirider expected the same and already had a response ready, because she probably knew there would be nothing "new" in the States motion, which IMO is actually quite funny LOL

Nirider writes in the response that the State has shown no reason for an "emergency" motion, that Brendan is not a flight risk and that ultimately it is Brendan who is harmed by being unconstitutionally imprisoned and he poses no risk, he is not violent, never had a run in with the law before this incident, and she briefly touches on the fact that the State grossly misstates the facts of the interrogation. She also states that the district court took 20 months before issuing it's decision after intensive review of hours long interrogation video along with the state court record and makes the point that Brendan has not even filed a brief in response to the appeal yet (which was extended on agreement after a request by the State). ***This is my short version of what I read ***

 

[missy1974]

It is bizarre that they are fighting this SOO hard, despite little chance of success.

It seems like they are just taking the same arguments and repeating them in every motion they file. And the mandatory first statement is always this:

This case involves the brutal rape, murder,and mutilation of Teresa Halbach that 16-year-old Brendan Dassey committed with his uncle, Steven Avery.


Which I don't understand how they can continue to state that since Steven Avery was never convicted of the mutilation, and wasn't even tried on the rape because the State dropped that charge. I really do hope that the Seventh Circuit reads the appeal and denies it outright.

Since you are an attorney, I would be very interested if you have read the decision and the appeal? and what your take is on it?

 

[BigCityAccountant]

Omg you guys, how great for Brendan and his family!

:cheers::great::yeahthat:

 

[BigCityAccountant]

OH MY GOSH! I've been hiding under a rock the past few days!! I take a few days off Websleuth's and look what happens! I think I need to take more off...LOL

 

[dexter75]

They are doing everything they possibly can so that Brendan doesn't get out and finally tell his side of the story. JMO

I couldn't agree more, CoolJ!
I have to hold back tears when I look at this young man & think of ALL he has been through. When I got the news of his pending release earlier today I was sitting next to my 11 year old. She noticed I had tears in my eye's. I asked her " do you remember way back when you, dad & I watched MAM? " I went on to tell her if all goes as it should..Brendan will be out in time for Thanksgiving. She says " he is STILL locked away? HOW OLD was he when he went away to prison? " I told her how old he was then & his age now and immediately I see her really, thinking..." MOM! He's been there OVER TEN YEARS? For something he didn't do? Those are his BEST YEARS! " I honestly don't know how she came up with " the best years " ( maybe she's heard me a time or two say how much FUN I had in my 20's! ) but my point is this really got to her..I will never understand how some folks SLEEP at night, or look their own children/grandchildren in the FACE everyday.

 

[dexter75]

It seems like they are just taking the same arguments and repeating them in every motion they file. And the mandatory first statement is always this:

This case involves the brutal rape, murder,and mutilation of Teresa Halbach that 16-year-old Brendan Dassey committed with his uncle, Steven Avery.


Which I don't understand how they can continue to state that since Steven Avery was never convicted of the mutilation, and wasn't even tried on the rape because the State dropped that charge. I really do hope that the Seventh Circuit reads the appeal and denies it outright.

Since you are an attorney, I would be very interested if you have read the decision and the appeal? and what your take is on it?

To bad Brendan couldn't go after them...for SLANDER:gaah:

 

[trex]

Just catching up on this so not sure if this has been brought up already. Because he had initially "confessed", albeit a false/coerced confession, do you think there's any way he could go after the state/county for false imprisonment? So sad so much of his life was wasted being incarcerated because his mental capacity was taken advantage of.. JMO.

 

[Karinna]

Just catching up on this so not sure if this has been brought up already. Because he had initially "confessed", albeit a false/coerced confession, do you think there's any way he could go after the state/county for false imprisonment? So sad so much of his life was wasted being incarcerated because his mental capacity was taken advantage of.. JMO.

Yes i have been wondering about that too, and i'm sure his lawyer will advise him on any future proceedings if there is a case to answer.
I am just so thrilled that Brendan is finally getting his justice.

 

[missy1974]

To bad Brendan couldn't go after them...for SLANDER:gaah:

I did see something on the one FB page from a family member that hinted at another lawyer getting involved for what will inevitably be a lawsuit. But I think we all knew that would be coming ;-) JMO