Brendan Dassey's Habeas Corpus Petition Granted

[Limaes]

#1 Please point out to me where I EVER said they were a mindless bunch that cannot think for themselves and lack integrity? Please.

My comments are not aimed at anyone in particular. They're in reference to comments on many internet sites in general.

2. Getting their information from LE/Prosecutors, specifically BD's confession, which Mike states in a news conference that he did not watch..... if he didn't watch it, he is taking their word for it, where else would he be basing his opinion from?

Are you referring to what you saw on MaM where they showed this?

Mike Halbach (Teresa's brother): To me, I think if this case goes to trial, you put the tape of his confession in the VCR or DVD player and play it, and, you know, there's our case right there. Um... So, yeah. It's a big victory today for us.
female reporter: Have you seen the confession, Mike?
Mike: I have not, no.

Clearly this was before the trial. Unless of course you're claiming that none of Teresa's family were at BD's trial?

#3 Them knowing the evidence. Please give me something, other than Brendan's interviews (that Mike didn't watch), that point to Brendan's guilt.

This is just an assumption that no one from Teresa's family has seen the confessions. Brendan places himself at the scene on several occasions, not just the interview the Judge referred to. It has also been corroborated by physical evidence such as his bleach stained jeans and SA's DNA on the hood latch. This particular DNA discovery not only implicates Avery, it places Dassey in his company during the cover up of the murder.

#4 Brendan's lawyers filed the petition long before the Netflix series came out, this ruling would have happened regardless of whether MaM ever saw the light of day. It's unfortunate and terrible if people are messaging Teresa's family with anything other than support; however, to lump all of us, or specifically me, into that group is an insult and I am done with this conversation because it is clear to me that you are not here to discuss anything.

No one lumped anyone with anything. I was commenting on what the family have to put up with from "some" supporters and I will not be dragged into personal spats with other members just because they don't like their opinions disagreed with. I am also entitled to my opinion.

 

[Limaes]

Regardless of what decision this Judge came up with, it was never going to be the end of it. If his decision went against Dassey, his attorneys would have appealed it just as the Prosecution may.

The Judge has decided, that if there is an appeal, he must stay in prison until it is finished. This appeal could still take a couple of years to go through so I don't understand why everyone believes he is going to be out in 90 days or less.

 

[Karinna]

Yes Karinna,
That is something to be explored. I am not sure it has been during the last 10 years, but if I were a defending lawyer (or whatever they are called in the US,) I would take a look down this route. That said, if not Avery & Dassey, then who? How can this be checked now? I do not like the idea of naming suspects without evidence, so people smarter than me involved in this case would have done so if they had an inkling, surely?

I have said in other responses, I watched the MAM and shouted at the Tele. Then I took a step back. I thought thy were both innocent until I began to look deeper. Now I have changed my mind. (I am probably not the best person to be a juror on that admission.

@Hoosen Fenger:
In answer to your reply, it has been alluded to from what i have read that there could of been others responsible for what happened to TH. I won't name them either but i do believe the investigation was not a very thorough one into anyone else that may have seen Teresa that day, and even if the Avery property was the very last place she was at beyond a doubt? There is very little known i think about anyone Teresa might have known in her life, and who was actually a problem to her if at all? Wasn't she bothered by some phone calls that she didn't want to answer? I remember reading that someplace but can't remember where now? I just think this investigation is full of holes and the way SA & BD were right away suspects pretty much. I think LE were determined to pin it on them and them only and they did.

 

[Karinna]

Regardless of what decision this Judge came up with, it was never going to be the end of it. If his decision went against Dassey, his attorneys would have appealed it just as the Prosecution may.

The Judge has decided, that if there is an appeal, he must stay in prison until it is finished. This appeal could still take a couple of years to go through so I don't understand why everyone believes he is going to be out in 90 days or less.

The magistrate judge says Dassey should be released, unless state prosecutors initiate proceedings to retry him within ninety days.
http://www.wvva.com/story/32765115/...-could-hinge-on-bail-acceptance-of-conviction

So if they decide not to retry him within 90 days they will have to release him from prison.

 

[Karinna]

I really can't see what evidence they could possibly retry Dassey with considering all the previous evidence will be inadmissable. They have nothing else then.

 

[CoolJ]

Regardless of what decision this Judge came up with, it was never going to be the end of it. If his decision went against Dassey, his attorneys would have appealed it just as the Prosecution may.

The Judge has decided, that if there is an appeal, he must stay in prison until it is finished. This appeal could still take a couple of years to go through so I don't understand why everyone believes he is going to be out in 90 days or less.

What are you thoughts on Dassey? Should he be released?

 

[Limaes]

[/B]

The magistrate judge says Dassey should be released, unless state prosecutors initiate proceedings to retry him within ninety days.
http://www.wvva.com/story/32765115/...-could-hinge-on-bail-acceptance-of-conviction

So if they decide not to retry him within 90 days they will have to release him from prison.

At the end of his ruling, the Judge also states that..."In the event the respondent files a timely notice of appeal, the judgment will be stayed pending disposition of that appeal. "...This means if the Prosecution appeals this decision, BD is staying where he is until the appeal is completed.

 

[Limaes]

I really can't see what evidence they could possibly retry Dassey with considering all the previous evidence will be inadmissable. They have nothing else then.

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.

 

[Karinna]

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, Apart from the coerced confession could you please point me in the right direction to any other evidence that Brendan Dassey was involved in the murder of Teresa Halbach. TIA.

 

[Limaes]

What are you thoughts on Dassey? Should he be released?

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...

 

[Limaes]

BBM, Apart from the coerced confession could you please point me in the right direction to any other evidence that Brendan Dassey was involved in the murder of Teresa Halbach. TIA.

I already pointed you to where you will find it. I think you're misunderstanding the Judges ruling. Apologies if I am wrong and I am misunderstanding you.

 

[Karinna]

I already pointed you to where you will find it. I think you're misunderstanding the Judges ruling. Apologies if I am wrong and I am misunderstanding you.

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.

 

[BigCityAccountant]

:wagon:

Welcome to all the new posters!

Karinna ~ somewhere deep in these threads we have discussed the possibility that she went to GZ's after Avery's. You might be interested in the phone call/cell phone threads. BigCityAccountant (BCA for us lazy typers .... hi by the way BCA! nice to see you ) has done some researching on cell towers, etc. At first I was sceptical about GZ and his stories, but I think I have come to the conclusion that he was a grumpy old man with possibly a drinking problem lol Zellner has implied that she has more cell phone info, so hopefully when she files, we will see what that is all about and what it means!

Not just you Missy~~I think I've been unofficially renamed that...lol
Hi back at ya!!! Up at the cottage this week without my laptop..so checking in on my phone.
Ah yes that sketchy cell service up here...which I might add is better than it was in 2005!!!
I for one am looking forward to seeing that cell tower data..it is s highly regarded secret to find any research on the subject of which towers are which.
I would have loved to be a fly in a wall during conversations between Randant and SA if SA told him he was getting 36 million. Think of the implications to Randants quarry. SA could have bought that salvage business from the entire family. He is obviously on my short list...lol

 

[BigCityAccountant]

I'm always happy to have opposing opinions on a complicated case! Thank you all for sharing your brains. <3

Did you all see the banner about Bessie? :-/

i saw ithwow:
Going to contribute.. Get well soon Bessie!! We love and miss you Bessie!!! Sending Prayers for you and your family!!!&#128557;

 

[BigCityAccountant]

Yes Karinna,
That is something to be explored. I am not sure it has been during the last 10 years, but if I were a defending lawyer (or whatever they are called in the US,) I would take a look down this route. That said, if not Avery & Dassey, then who? How can this be checked now? I do not like the idea of naming suspects without evidence, so people smarter than me involved in this case would have done so if they had an inkling, surely?

I have said in other responses, I watched the MAM and shouted at the Tele. Then I took a step back. I thought thy were both innocent until I began to look deeper. Now I have changed my mind. (I am probably not the best person to be a juror on that admission.

Hi Hoosen Fenger!!!
i think you are at the point when I started. Staunch he is guilty!! Never thought BrD was guilty but SA was another story! The news of how TH was killed (RIP TH) was so widespread that I don't think you could have gotten a fair trial in all of Wisconsin!! We even heard it daily in IL. I'm on the fence with SA still.. Some days it leans east and some west..lol

Without the info Zellner has..I don't think we can make a call either way. My fence is leaning not guilty at this point because of one reason~~Zellner vowed to never take the case of a guilty man. She was visibly shaken when she made that press conference when she represented Larry Eyler. That is the only thing that is keeping me on the not guilty side.

 

[Karinna]

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&#8217;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 &#8220;about&#8221; 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&#8217;s called for.

Thought it was interesting.

 

[missy1974]

[/B]

The magistrate judge says Dassey should be released, unless state prosecutors initiate proceedings to retry him within ninety days.
http://www.wvva.com/story/32765115/...-could-hinge-on-bail-acceptance-of-conviction

So if they decide not to retry him within 90 days they will have to release him from prison.

The State has the right to Appeal. If they appeal, the order is "stayed" (on hold) until the Appeal is done. Unfortunately, this decision took well over a year, almost 2 for the Judge to rule, I doubt the Appeal will be much quicker.

I really can't see what evidence they could possibly retry Dassey with considering all the previous evidence will be inadmissable. They have nothing else then.

There isn't much previous evidence lol Even if they tried to use his other interviews, I would be surprised if a court would rule them admissible after the ruling on the March 1st interview (providing the State appealing is unsuccessful and the order stands). I could be wrong, but the only reason the Judge only ruled on the March 1st interview and not the others is because I think it was the only one that was shown in his trial.

 

[missy1974]

Not just you Missy~~I think I've been unofficially renamed that...lol
Hi back at ya!!! Up at the cottage this week without my laptop..so checking in on my phone.
Ah yes that sketchy cell service up here...which I might add is better than it was in 2005!!!
I for one am looking forward to seeing that cell tower data..it is s highly regarded secret to find any research on the subject of which towers are which.
I would have loved to be a fly in a wall during conversations between Randant and SA if SA told him he was getting 36 million. Think of the implications to Randants quarry. SA could have bought that salvage business from the entire family. He is obviously on my short list...lol

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

 

[missy1974]

Hi Hoosen Fenger!!!
i think you are at the point when I started. Staunch he is guilty!! Never thought BrD was guilty but SA was another story! The news of how TH was killed (RIP TH) was so widespread that I don't think you could have gotten a fair trial in all of Wisconsin!! We even heard it daily in IL. I'm on the fence with SA still.. Some days it leans east and some west..lol

Without the info Zellner has..I don't think we can make a call either way. My fence is leaning not guilty at this point because of one reason~~Zellner vowed to never take the case of a guilty man. She was visibly shaken when she made that press conference when she represented Larry Eyler. That is the only thing that is keeping me on the not guilty side.

: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:

 

[Karinna]

The State has the right to Appeal. If they appeal, the order is "stayed" (on hold) until the Appeal is done. Unfortunately, this decision took well over a year, almost 2 for the Judge to rule, I doubt the Appeal will be much quicker.



There isn't much previous evidence lol Even if they tried to use his other interviews, I would be surprised if a court would rule them admissible after the ruling on the March 1st interview (providing the State appealing is unsuccessful and the order stands). I could be wrong, but the only reason the Judge only ruled on the March 1st interview and not the others is because I think it was the only one that was shown in his trial.

LOL, I should of been clearer on that. By "previous evidence" meaning the coerced confession as evidence.