Brendan Dassey's Habeas Corpus Petition Granted

[dexter75]

Judge Duffin only ruled on the March 1st interrogation video because it was the only one introduced into evidence and ruled admissible during the trial. This didn't stop Judge Duffin from mentioning the February 27 interview though specifically in his ruling....

Not only did Dassey not have the benefit of an adult present to look out for his
interests, the investigators exploited the absence of such an adult by repeatedly
suggesting that they were looking out for his interests: “I wanna assure you that Mark
and I both are in your corner, we’re on your side …” (ECF No. 19-25 at 16), and “… I’m
your friend right now, but I … gotta believe in you and if I don’t believe in you, I can’t
go to bat for you.” (ECF No. 19-25 at 23.) In the interview just two days earlier, on
February 27, 2006, where Dassey was also unaccompanied by an adult, Fassbender went
even further:

I’ve got ... kids somewhat your age, I’m lookin’ at you and I see you in
him and I see him in you, I really do, and I know how that would hurt me
too. … Mark and I, yeah we’re cops, we’re investigators and stuff like that,
but I’m not right now. I’m a father that has a kid your age too. I wanna be
here for you. There’s nothing I’d like more than to come over and give you
a hug cuz I know you’re hurtin’.​

​

​

After BD's February 27th interviews, where he said things like TH was tied to the RAV4 seat and stabbed and that the knife was under the seat in the 'jeep', they did go back to the RAV4 and checked for any evidence of such story, which, of course, there was none.

On February 28th, they got the report about the gunshot wounds to the skull. Hence, the March 1st videotape.


Brendans' Habeas Corpus Petition
http://static1.squarespace.com/stat...be3cdaf4fc068/1453254760152/Writ+-+Dassey.pdf
Brendan's Habeas Corpus Decision
http://www.stevenaverycase.org/wp-c...8/Dassey-Habeas-Corpus-Decision-and-Order.pdf

The above is fact and can be found at the links provided.

This is JMO.... but if the State loses the appeal and wants to retry Brendan.... good luck with that! LOL

Everything in BOLD makes me want to VOMIT!

And yep, agree.
Good luck with that!

As a side note;
Not sure about you all, however, I am practically shaking inside with excitement, at the thought of even ONE of the LEO's involved in this entire ordeal
losing sleep
or, having nightmares of a horrible future once exposed for the corrupt, slime they are
or, constantly looking over their shoulder because they're so darned paranoid each & every time something else is discovered, or BREAKING NEWS airs in Avery or Dasseys FAVOR:blushing:

I can't help but to smile

 

[dexter75]

Maybe I should rephrase....can you please tell me HOW TH was killed? In what manner? What weapon? What was the cause of death? Was she raped? What evidence is there of that? What evidence shows the manner in which she died? I'm not asking about planted evidence. I am asking YOU to back up your statement that the family knows how she died when I don't' think it has even been determined how she died. It's not that complicated of a question.

I'd love to hear this, since it's been posted many times and I can't find it anywhere?..

 

[Karinna]

Where is the proof she is even dead?

Exactly.

 

[dexter75]

Oh is that all? ONLY the March 1st COERCED confession??

Can you not see how that puts every other interaction with BD into question?

Can you not see how that puts every piece of so called evidence into question?

I really do believe(especially after this case) that not everyone has the ability to see corruption when it is staring them in the face. I guess that is why the corrupters get away with it for so long.

Scary thought, isn't it CoolJ?

 

[Karinna]

I'd love to see the links posted, that answer these questions

That would be interesting. Haven't been able to find anything myself that's irrefutable proof or evidence of that.

 

[angelainwi]

normally there were 3 burn barrels between Avery and Janda's properties. However they discovered 4, one of which was determined to have come from Tadych's hunting camp...

 

[krkrjx]

You do realise that the cases were 20 years apart? No careers were going to be ruined and no pensions were going to be affected. Reasons and an opinion on motive is not evidence.

Opinions on motive are brought up in trials probably every single court day in this country. Whether they fit the legal description of "evidence" or not, they are put out in open court for all to hear and consider, especially the jury.

Opinion or theory either isn't compelling evidence or it is--depending on which side you're on.

 

[missy1974]

That would be interesting. Haven't been able to find anything myself that's irrefutable proof or evidence of that.

I have read pretty much everything that is available to us.... just a suggestion, but no need to keep looking, you won't find it LOL

2 weeks ago, someone would throw Brendan's confession out there as "proof", although, most here (and elsewhere) didn't believe a word of it, and now that we have legal confirmation of what many of us already knew in our logical minds, I doubt anyone will get an answer, and there is definitely no "link" that could be provided.

 

[missy1974]

normally there were 3 burn barrels between Avery and Janda's properties. However they discovered 4, one of which was determined to have come from Tadych's hunting camp...

oh those barrels lol there was actually 4, 5 or 6 of them.

3 behind Janda/Dassey residence.
1 in front of Avery's by the road.
1 from the hunting camp owned by Randant.

One of the boys, I think it might have been Blaine, said that there was 4 behind their house in one of his statements.

Would it surprise anyone to find out that one barrel went to the lab, then back to the property, then back to the lab? would it surprise anyone if it was the day before or the same day the bones were discovered?

for now I will say JMO because I'm chillaxing and don't feel like looking up links LOL If I feel adventurous later, I will Those barrel's are a pain to track, I tried once and gave up, and there have been a few really good posts on reddit trying to track them as well.... all have been unsuccessful as far as I know.

 

[Karinna]

I have read pretty much everything that is available to us.... just a suggestion, but no need to keep looking, you won't find it LOL

2 weeks ago, someone would throw Brendan's confession out there as "proof", although, most here (and elsewhere) didn't believe a word of it, and now that we have legal confirmation of what many of us already knew in our logical minds, I doubt anyone will get an answer, and there is definitely no "link" that could be provided.

Well that's it isn't it. How they could even throw that out there about the torture, rape & murder of TH is beyond me when realizing Dassey's confession should never have been admitted in the trial because it was a coerced confession and violated the constitution, how could they ever prove TH was supposedly murdered in such a way when her body was supposedly incinerated to such an extent that there were only pieces of bones left in 3 different locations? And now the bone evidence is thrown into question also.
From the description by Dassey of what was done to TH that trailer should of lit up like a christmas tree in places of it, if they even bothered to test that supposed murder site with luminol? There would of been blood everywhere IMO, and some of it would definitely have been found.

 

[Justiceseeker35]

oh those barrels lol there was actually 4, 5 or 6 of them.

3 behind Janda/Dassey residence.
1 in front of Avery's by the road.
1 from the hunting camp owned by Randant.

One of the boys, I think it might have been Blaine, said that there was 4 behind their house in one of his statements.

Would it surprise anyone to find out that one barrel went to the lab, then back to the property, then back to the lab? would it surprise anyone if it was the day before or the same day the bones were discovered?

for now I will say JMO because I'm chillaxing and don't feel like looking up links LOL If I feel adventurous later, I will Those barrel's are a pain to track, I tried once and gave up, and there have been a few really good posts on reddit trying to track them as well.... all have been unsuccessful as far as I know.

Not one piece of evidence that does not have suspension attached or collected under shady circumstances. It's much much more than just MTSO was on scene.

 

[dexter75]

Not one piece of evidence that does not have suspension attached or collected under shady circumstances. It's much much more than just MTSO was on scene.

Yeppers! I couldn't agree with you more.
I've said this from the very beginning.

C'mon..

LOOK at the picture in it's entirety!
It all just seems so obviously a set up. To me, I can't believe ANY person COULD see this as anything but.
Especially in light of ALL that has surfaced ( yes, even TH's family )

MOO

 

[IDK]

There was only 1 key found. Her other keys have never been found, or have never been mentioned if they were. She had a house key, a garage key, her studio key, a key to the school where she coached volleyball, and maybe others, but those are the one's I remember being mentioned specifically. NONE of these keys have been found.

The key that they found was on small detached part of the lanyard. The other part of the lanyard was found in the middle console of her RAV4.

If I had to guess..... that's where the key was found, and later planted JMO

Thanks Missy. I wonder where the rest of her keys actually are? A random thought here, perhaps the real killer kept them as a trophy?

 

[shadowraiths]

Btw, and aside, since this is Brendan's thread...

From my read of Duffin's opinion, he granted Dassey's writ of habeas corpus on a technicality (i.e., violation of the 5th & 14th amendments), as opposed to exculpatory evidence. As such, he is not saying Dassey is factually innocent, rather, his constitutional rights were violated.

 

[missy1974]

Btw, and aside, since this is Brendan's thread...

From my read of Duffin's opinion, he granted Dassey's writ of habeas corpus on a technicality (i.e., violation of the 5th & 14th amendments), as opposed to exculpatory evidence. As such, he is not saying Dassey is factually innocent, rather, his constitutional rights were violated.

JMO but Judge Duffin's decision was quite clear that he believed it was a false confession.

I am not sure how anyone could show exculpatory evidence in Brendan's case, considering I don't think there was inculpatory evidence to begin with, especially if his "confession" is false. IMO there is no other evidence that shows Brendan is in any way responsible for TH's murder.

 

[Karinna]

JMO but Judge Duffin's decision was quite clear that he believed it was a false confession.

I am not sure how anyone could show exculpatory evidence in Brendan's case, considering I don't think there was inculpatory evidence to begin with, especially if his "confession" is false. IMO there is no other evidence that shows Brendan is in any way responsible for TH's murder.

Exactly. There is absolutely no forensic evidence that links Dassey to the crime. That's probably why he was used as a patsy to get a conviction against Avery and to make it stick. IMO.

 

[Hoosen_Fenger]

Please remember BD's 'not under caution' discussion with the Police on 6th November and compare it with SA's 'not under caution discussions' on the 5 & 6th of November. These tend to get overlooked in all of this. Their stories just do not add up. It is clear to anyone that something is not right.

A girl has gone missing and one of the past places she was known to have been seen, was the Avery Salvage Yard. By whom? None other than SA, who says she left and he didn't speak to her other than to hand money over. He clearly remembers the denomination of notes he handed over, but not what she looked like, despite her being out to his property over a dozen times.

This is a huge red flag to a law enforcement officer. What are they hiding? Why can they not answer simple questions. Why, without prompting, does Dassey say that he had to step out of the way on the drive to let her pass on her way out? Why does he, without prompting, say that he saw SA talking to her. He offers he was going to go and see SA when TH had gone. Then says he thought 'they ' would want to be left alone.

There are other anomalies in these tapes & transcripts, which just alert anyone with an inquisitive mind, to something not being correct. In other words, it sounds like they are lying.

Remember, there is no narrative for what has happened to her, other than that she is missing. They are trying to get to the bottom of what has happened and here are two people, clearly not with straight stories.

I would urge people to read these early interviews, whilst listening to the audio. SA flits about and at times adds needless detail, then at others, has scant recall. BD just incriminates SA because he tells a different story. Don't get me started on the headlights & tail lights they both say they saw, (then Brendan retracts that and says he didn't.) They are trying to suggest that someone could have been on their property up to no good. (I was say the inference is that they are suggesting this is the time the Rav4 was planted.)

I have read all the transcripts & documents surrounding this case, and watched all the interviews. IMHO, SA is guilty and BD is too.

For those that think this was all a set up, from a multitude of different LE, Prosecutors, Judges, forensics, FBI etc. in differing counties, think what a better job they could have done than just a bit of smeared blood & DNA. They would have hosepiped the stuff all over the car & garage. And in SA's trailer.

Here we had a classic case of two people, telling differing stories about their recollections of a day a girl is last seen on Halloween - a memorable day - a week earlier. I am going to work on the presumption they are both innocent. You would think that given the magnitude of this, and given they are innocent, they are going to clearly remember the day as they do not want to be dragged into it. They don't exactly help themselves and then the vehicle is found on the property. It is clear something is not right.

Those first interviews are damning. They are both inconsistent and misleading. That alone does not point to guilt, but it certainly is something that sparks an inquisitive mind, into digging deeper.

Not the most popular of opinions I know, but it is mine and I respect anyone else's.

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

 

[Wendy101]

Please remember BD's 'not under caution' discussion with the Police on 6th November and compare it with SA's 'not under caution discussions' on the 5 & 6th of November. These tend to get overlooked in all of this. Their stories just do not add up. It is clear to anyone that something is not right.

A girl has gone missing and one of the past places she was known to have been seen, was the Avery Salvage Yard. By whom? None other than SA, who says she left and he didn't speak to her other than to hand money over. He clearly remembers the denomination of notes he handed over, but not what she looked like, despite her being out to his property over a dozen times.

This is a huge red flag to a law enforcement officer. What are they hiding? Why can they not answer simple questions. Why, without prompting, does Dassey say that he had to step out of the way on the drive to let her pass on her way out? Why does he, without prompting, say that he saw SA talking to her. He offers he was going to go and see SA when TH had gone. Then says he thought 'they ' would want to be left alone.

There are other anomalies in these tapes & transcripts, which just alert anyone with an inquisitive mind, to something not being correct. In other words, it sounds like they are lying.

Remember, there is no narrative for what has happened to her, other than that she is missing. They are trying to get to the bottom of what has happened and here are two people, clearly not with straight stories.

I would urge people to read these early interviews, whilst listening to the audio. SA flits about and at times adds needless detail, then at others, has scant recall. BD just incriminates SA because he tells a different story. Don't get me started on the headlights & tail lights they both say they saw, (then Brendan retracts that and says he didn't.) They are trying to suggest that someone could have been on their property up to no good. (I was say the inference is that they are suggesting this is the time the Rav4 was planted.)

I have read all the transcripts & documents surrounding this case, and watched all the interviews. IMHO, SA is guilty and BD is too.

For those that think this was all a set up, from a multitude of different LE, Prosecutors, Judges, forensics, FBI etc. in differing counties, think what a better job they could have done than just a bit of smeared blood & DNA. They would have hosepiped the stuff all over the car & garage. And in SA's trailer.

Here we had a classic case of two people, telling differing stories about their recollections of a day a girl is last seen on Halloween - a memorable day - a week earlier. I am going to work on the presumption they are both innocent. You would think that given the magnitude of this, and given they are innocent, they are going to clearly remember the day as they do not want to be dragged into it. They don't exactly help themselves and then the vehicle is found on the property. It is clear something is not right.

Those first interviews are damning. They are both inconsistent and misleading. That alone does not point to guilt, but it certainly is something that sparks an inquisitive mind, into digging deeper.

Not the most popular of opinions I know, but it is mine and I respect anyone else's.

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

Just jumping off this post as it reminded me of of the fact Bobby says he woke up at 2:30 - SA says he saw Bobby leave after Teresa - Bobby says he went hunting - Blaine testified Bobby returned home at 5:00 then went back to bed until 9:00 and then left for work for 9:30... Bobby sure sleeps lots IMO... Oct 31 timeline..

https://www.reddit.com/r/TickTockManitowoc/comments/4kvwfc/october_31_2005_timeline/

 

[dexter75]

Please remember BD's 'not under caution' discussion with the Police on 6th November and compare it with SA's 'not under caution discussions' on the 5 & 6th of November. These tend to get overlooked in all of this. Their stories just do not add up. It is clear to anyone that something is not right.

A girl has gone missing and one of the past places she was known to have been seen, was the Avery Salvage Yard. By whom? None other than SA, who says she left and he didn't speak to her other than to hand money over. He clearly remembers the denomination of notes he handed over, but not what she looked like, despite her being out to his property over a dozen times.

This is a huge red flag to a law enforcement officer. What are they hiding? Why can they not answer simple questions. Why, without prompting, does Dassey say that he had to step out of the way on the drive to let her pass on her way out? Why does he, without prompting, say that he saw SA talking to her. He offers he was going to go and see SA when TH had gone. Then says he thought 'they ' would want to be left alone.

There are other anomalies in these tapes & transcripts, which just alert anyone with an inquisitive mind, to something not being correct. In other words, it sounds like they are lying.

Remember, there is no narrative for what has happened to her, other than that she is missing. They are trying to get to the bottom of what has happened and here are two people, clearly not with straight stories.

I would urge people to read these early interviews, whilst listening to the audio. SA flits about and at times adds needless detail, then at others, has scant recall. BD just incriminates SA because he tells a different story. Don't get me started on the headlights & tail lights they both say they saw, (then Brendan retracts that and says he didn't.) They are trying to suggest that someone could have been on their property up to no good. (I was say the inference is that they are suggesting this is the time the Rav4 was planted.)

I have read all the transcripts & documents surrounding this case, and watched all the interviews. IMHO, SA is guilty and BD is too.

For those that think this was all a set up, from a multitude of different LE, Prosecutors, Judges, forensics, FBI etc. in differing counties, think what a better job they could have done than just a bit of smeared blood & DNA. They would have hosepiped the stuff all over the car & garage. And in SA's trailer.

Here we had a classic case of two people, telling differing stories about their recollections of a day a girl is last seen on Halloween - a memorable day - a week earlier. I am going to work on the presumption they are both innocent. You would think that given the magnitude of this, and given they are innocent, they are going to clearly remember the day as they do not want to be dragged into it. They don't exactly help themselves and then the vehicle is found on the property. It is clear something is not right.

Those first interviews are damning. They are both inconsistent and misleading. That alone does not point to guilt, but it certainly is something that sparks an inquisitive mind, into digging deeper.

Not the most popular of opinions I know, but it is mine and I respect anyone else's.

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

Is it possible they really were just trying to do the best they could with details and what they COULD remember?
Not everyone is the same.
Not all of us remember well. Heck, I can't remember the sequence of events of the morning of the same day at times😔
It's awful but it's true.
Couple this with their lack of intelligence and I'm sure BD just wants to please his Uncle AND the police. Avery has been this route before & is most likely thinking " crap, not again " and is probably mad, nervous, has an attitude or all three.
I get what you mean, when looking at these two like they're guilty as sin and there's NO other possibilities, it's easy to think how you do about it all😉
Me personally, looking at these interviews & transcripts along with the entire picture,
This doesn't scream " red flag " at me like it does you


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[Safeguard]

Thanks Missy. I wonder where the rest of her keys actually are?

rsbm
In Lenks pocket?