Brendan Dassey's Habeas Corpus Petition Granted

DNA Solves
DNA Solves
DNA Solves

New Posts

Status
Not open for further replies.
Hoosen_Fenger said:
His rebuttal of the original MaM was refreshing IMHO. He makes some very valid points in this broadcast, although I would have to say that he does intertwine facts with his opinion, something I think we are all guilty of.

That said, I firmly believe that Brendan Dassey will not be getting out of jail. His first confession was not coerced and he refused legal representation. The claim he was misrepresented is simply not going to fly. At trial, his lawyers did a decent job, but they probably knew that getting around that confession, was going to be a tough ask. That on the stand he switched history, was a further nail.

No one knows what happened that day, but my guess is that Avery bullied Dassey into helping him. The right two people are in jail and I hope that a real miscarriage of Justice is avoided.
Click to expand...

Oh baby, its funny how people can look at the same information and come to two such different conclusions, so much so, that one might think they are living on different planets.

I know 100% that Dassey is getting out of prison. I am just as confident Avery will get out. I am also fairly confident that the whole truth about this case will come out and we will all get to see how deep corruption runs within politics and the justice system. The days of "the good ole boys" are coming to an end. This case is going to challenge many to seriously reconsider their entire world view. JMO
 
missy1974 said:
Just jumping off your post Ranch. :)

So I went down the rabbit hole and decided to pull up that case. That particular sentence that was cited from that case is part of the Analysis of the case.

from the United States vs Villalpando



The red above is what is interesting to me. It cites cases that deal with the issue in hypotheticals (which BD's case is not). I did go and look at a few of those cases, interesting.

The bolded above and the quote below is from Duffin's decision.

From Judge Duffin's decision:


So I just continued to read Judge Duffin's decision... and look what I found on Page 68



Bolded by me.... yep, IMO hardly a conflict of interest that the Judge would also reference the article if the State actually introduced it as evidence, and discussed it at length on cross-examination. Also, I didn't realize that Leo (the co-author with Drizin) testified for BD.
Click to expand...

Missy, Has anyone told you recently that you are awesome? Because you are!!!
 
IDK said:
Missy, Has anyone told you recently that you are awesome? Because you are!!!
Click to expand...

I appreciate that IDK, but honestly, I just like to be informed and rather than reading an article or listening to a podcast and taking it as fact, I like to research. I had no clue that the article co-written by Drizin and Leo was introduced by the State and that Leo actually testified at his post-conviction hearing (which I also looked for online but was unsuccessful last night, might try again later). For Dan O'Donnell or whatever his name is to state that it is a conflict of interest (or more importantly to reverse the decision) for Judge Duffin to cite an article (not a book) that Drizin co-authored and that it was in fact, introduced as evidence by the State, just confirms to me that Dan's head is too far up LE/prosecutions a$$ to research it himself before making stupid comments.
 
Hoosen_Fenger said:
His rebuttal of the original MaM was refreshing IMHO. He makes some very valid points in this broadcast, although I would have to say that he does intertwine facts with his opinion, something I think we are all guilty of.

That said, I firmly believe that Brendan Dassey will not be getting out of jail. His first confession was not coerced and he refused legal representation. The claim he was misrepresented is simply not going to fly. At trial, his lawyers did a decent job, but they probably knew that getting around that confession, was going to be a tough ask. That on the stand he switched history, was a further nail.

No one knows what happened that day, but my guess is that Avery bullied Dassey into helping him. The right two people are in jail and I hope that a real miscarriage of Justice is avoided.
Click to expand...

I'm sorry to pick on you again Hoosen_Fenger, but the BBM had to be challenged.

His lawyers did a decent job? Kachinsky should be disbarred, possibly even imprisoned for what he did IMO. Did you see the interview he had with PI O'Kelly? Brendan wanted to plead not guilty and his legal team ignored that and tried to again, coerce a confession out of him. His own damn lawyers!! The defence was working on behalf of the prosecution!! It makes me quite livid to even think about what was going on behind closed doors in is case.
 
CoolJ said:
I'm sorry to pick on you again Hoosen_Fenger, but the BBM had to be challenged.

His lawyers did a decent job? Kachinsky should be disbarred, possibly even imprisoned for what he did IMO. Did you see the interview he had with PI O'Kelly? Brendan wanted to plead not guilty and his legal team ignored that and tried to again, coerce a confession out of him. His own damn lawyers!! The defence was working on behalf of the prosecution!! It makes me quite livid to even think about what was going on behind closed doors in is case.
Click to expand...

My apologies Hoosen_Fenger. I now realize you said "at the trial" and obviously Kachinsky had been recused for corrupt behaviour by the time the trial rolled around. But the damage was done by that point. Forgive me for jumping the gun on that one as I thought you were saying Kachinsky did a decent job.
 
CoolJ said:
My apologies Hoosen_Fenger. I now realize you said "at the trial" and obviously Kachinsky had been recused for corrupt behaviour by the time the trial rolled around. But the damage was done by that point. Forgive me for jumping the gun on that one as I thought you were saying Kachinsky did a decent job.
Click to expand...

I love my WS buds:loveyou:

As heated as topics can be, sensitive being an understatement for sure,

Those of us who genuinely are concerned with truth, not being " right " are never too proud to " thank " one another, or apologize when we are mistaken:great:

This, this has always made me feel extremely honored, to be sleuthing with such a great group:grouphug: ( you know who you are )
 
CoolJ said:
My apologies Hoosen_Fenger. I now realize you said "at the trial" and obviously Kachinsky had been recused for corrupt behaviour by the time the trial rolled around. But the damage was done by that point. Forgive me for jumping the gun on that one as I thought you were saying Kachinsky did a decent job.
Click to expand...

No apology needed, I understand that there are very strong views on both sides and I can assure you, I have had much worse in the past. :crazy: Yes I did see the snippet of the interview with Kelly on MaM, but the makers wanted to mislead everyone into thinking he was being hard done to. Actually, he wasn't. His defence team knew he was Goosed and were trying to get him a lighter sentence as possible. The way to do that was admit to his part of it, but testify against Avery.

That plan was scuppered by the family, who were bought into (maybe scared of disagreeing with) Avery. They had built a narrative of a 'Set Up' and Brendan was to stick to it. That his early legal representation had decided the best course of action for their client, Kachinsky & Kelly were merely working to that strategy.

His confession before their involvement, was what was used at trial and it is conjecture that he was co-erced. I think he was treated fairly, if I would admit, I have always told my kids to shut up until a lawyer gets there, if ever they are arrested.

Dassey admitted to his Mum that he did, 'some of it,' which is damning. It says that Teresa WAS killed at the hands of Avery, on that salvage yard. No conspiracy.

Finally, a concession. The way the police investigated the disappearance was not perfect. They probably should have been reprimanded, although I do not buy the planted evidence theory. If I were to frame someone, I would have sprayed blood & DNA over Avery's Trailer & Teresa's car, with a hosepipe.... Not just the little bits they found after painstaking searches.
 
Hoosen_Fenger said:
No apology needed, I understand that there are very strong views on both sides and I can assure you, I have had much worse in the past. :crazy: Yes I did see the snippet of the interview with Kelly on MaM, but the makers wanted to mislead everyone into thinking he was being hard done to. Actually, he wasn't. His defence team knew he was Goosed and were trying to get him a lighter sentence as possible. The way to do that was admit to his part of it, but testify against Avery.

That plan was scuppered by the family, who were bought into (maybe scared of disagreeing with) Avery. They had built a narrative of a 'Set Up' and Brendan was to stick to it. That his early legal representation had decided the best course of action for their client, Kachinsky & Kelly were merely working to that strategy.

His confession before their involvement, was what was used at trial and it is conjecture that he was co-erced. I think he was treated fairly, if I would admit, I have always told my kids to shut up until a lawyer gets there, if ever they are arrested.

Dassey admitted to his Mum that he did, 'some of it,' which is damning. It says that Teresa WAS killed at the hands of Avery, on that salvage yard. No conspiracy.

Finally, a concession. The way the police investigated the disappearance was not perfect. They probably should have been reprimanded, although I do not buy the planted evidence theory. If I were to frame someone, I would have sprayed blood & DNA over Avery's Trailer & Teresa's car, with a hosepipe.... Not just the little bits they found after painstaking searches.
Click to expand...

You do not buy the planted evidence theory? So you must be a strong believer in coincidences?

Is it a coincidence that every single piece of evidence found was found by dirty cops who just weeks previous had been questioned in regards to framing Avery on his first false conviction? Everything!! Everything found was found by these 3 dirty cops who were not supposed to be there in the first place. It had already been determined that if they were involved in the investigation in any capacity other than loaning equipment, would be a conflict of interest. Yet, these are the only cops who were finding evidence. Most of the time they were finding evidence in places that had already been thoroughly searched by other agencies. How in the world do you explain that with a straight face?

And Dassey admitted to his mother because they told him that was the only way he would get to go home. Do you not believe LE are capable of coercing a confession out of someone? Is that it?

As far what you would do if you were framing someone.... do you not understand that if you go that over the top planting evidence how obvious it would be. This is how a frame job works my friend, little bits here and there.
 
Karinna said:
Brendan is learning how to crochet a blanket.
Click to expand...

My favourite part was:

The opinion is also grounded in leading studies and research – all of which had been previously introduced
into the record during state-court proceedings – showing not only that false confessions
are proven to occur, but that juveniles are particularly likely to make false confessions.
(ECF No. 23 at 68-69.) Indeed, one study that the Court cited has been similarly cited by
the U.S. Supreme Court as an authority on false confessions on two separate occasions.
(ECF No. 23 at 68 (citing Steven A. Drizin & Richard A. Leo, The Problem of False
Confessions in the Post-DNA World, 82 N.C. L. Rev. 891, 933-43 (2004))); Corley v.
United States, 556 U.S. 303, 320-21 (2009) (citing same); J.D.B. v. North Carolina, 564
U.S. 261, 269 (2011) (citing same).

BBM .... yeah, introduced BY THE STATE!!! Drizin must have been doing this >>>> :happydance: when the State brought that article into the case. Also... notice the reference to it being used by the Supreme Court too :) I sure hope Brendan gets to go home soon.
 
Karinna said:
Brendan is learning how to crochet a blanket.
Click to expand...

He's going to need to learn a whole lot more than how to crochet, when he does get out! Think about it, he was (literally!)
kidnapped at 17, and held prisoner of the injustice system... He's been conditioned to live within the framework of a very sick (inmate) society... I can imagine he will find life as a *free* (adult) man overwhelmingly complex. Poor Brendan! With freedom comes much personal responsibility, and he has had others controlling his every move, for 10 yrs, all his adult life...I hope he gets very good help in handling his new reality.
 
BIB by me in response - and a note below.

CoolJ said:
You do not buy the planted evidence theory? No I do not. It would involve someone placing Avery's DNA on the Hoodlatch & his blood in the RAV4. The MaM theory of the Vial being tampered with is ludicrous. They fail to tell you the hole in the top is supposed to be there, it is how the blood gets in to the Vial after being removed from someone with a syringe. So you must be a strong believer in coincidences? It was also a Co-incidence that on November 6th in the Cravitz, not under caution interview, Dassey mentions the possible rape of Teresa, a potential set up of Avery, and that he stepped out of the way to allow her car to go by him when he came home from school. And that he then saw her leave through his window. And that she turned in two different directions leaving the drive. And that Avery was at work when he got home. And .... And... And.....

Is it a coincidence that every single piece of evidence found was found by dirty cops No it was not who just weeks previous had been questioned in regards to framing Avery on his first false conviction? I agree they had been deposed, but only as WITNESSES in the hearing. A big difference to being thought of as implicit. Don't forget, Avery was picked out of a line up by a victim of rape. In 1985, before DNA, this was enough to convict. Everything!! Everything found was found by these 3 dirty cops Again, this is not correct. Did they carry out the forensic tests on the blood in the back of the Rav4? No. Did they find all the cremains? No. Did they find the bullet? No.Did they find Teresas personal possession intertwined with tyre mental in the burn barrel? No. Did they interview Brendan and ask him to suggest parts of the narrative that fitted the facts? No who were not supposed to be there in the first place. It had already been determined that if they were involved in the investigation in any capacity other than loaning equipment, would be a conflict of interest. Conflict of interest, perhaps, illegal activity that if discovered would lead to jail? No. Yet, these are the only cops who were finding evidence. As above, this is not correct Most of the time they were finding evidence in places that had already been thoroughly searched by other agencies. How in the world do you explain that with a straight face? Quite easily. MaM made it seem that way. In truth, they were not looking for evidence of Teresa being shot n the garage, until after Brendan told them that is what happened. They were trying to piece together what happened when faced with a wall of silence and a back story of a set up. Did they plant evidence of Avery buying shackles & handcuffs a week before the Murder? No. You talk about coincidence? Well, Avery now wants coincidence to work in his favour.

And Dassey admitted to his mother because they told him that was the only way he would get to go home. Do you not believe LE are capable of coercing a confession out of someone? Is that it? I believe LE are capable of using any legal means necessary to get someone to tell the truth. What they did was not illegal. Dassey waived his right to an Attorney. His mother refused to sit in with him. Why is no-one asking questions about her standard of parenting?

As far what you would do if you were framing someone.... do you not understand that if you go that over the top planting evidence how obvious it would be. This is how a frame job works my friend, little bits here and there. I get how framing works mate, but if you put my flippant remark about the hosepipe to one side, then if someone had the capacity to frame someone, then all I am saying is there would have been a sure fire way to stop conspiracy theories that somehow Avery was set up.
Click to expand...

So on the set up theory. If not someone on that Yard, then who did kill Teresa? No evidence points anywhere else. The defence team already said it was not the Police that killed her, that would be so far fetched as to be seriously damaging to anyones credibility that might suggest it. So then who? No evidence pointing to anyone other than on that Yard.

So if not Avery and he was framed, who needs to be involved? Law enforcement from more than one county. Forensic scientists. The Justice Department. The FBI. Part of he defence team (as alleged by MaM) Teresa's family & friends. The Judge. The department of corrections. Scott Tadych & everyone else called for the prosecution. 12 Jurors.

This forum is about Sleuthing. Looking for facts & evidence and trying to find a narrative that fits them. If people are going to suggest that all of the above conspired to convict Avery & Dassey, without any evidence? Then we may as well just close our accounts and go over to Reddit. It is hard for those people who have only watched MaM to get their heads around, but the idea of a set up is not sustainable.
 
missy1974 said:
My favourite part was:

The opinion is also grounded in leading studies and research – all of which had been previously introduced
into the record during state-court proceedings – showing not only that false confessions
are proven to occur, but that juveniles are particularly likely to make false confessions.
(ECF No. 23 at 68-69.) Indeed, one study that the Court cited has been similarly cited by
the U.S. Supreme Court as an authority on false confessions on two separate occasions.
(ECF No. 23 at 68 (citing Steven A. Drizin & Richard A. Leo, The Problem of False
Confessions in the Post-DNA World, 82 N.C. L. Rev. 891, 933-43 (2004))); Corley v.
United States, 556 U.S. 303, 320-21 (2009) (citing same); J.D.B. v. North Carolina, 564
U.S. 261, 269 (2011) (citing same).

BBM .... yeah, introduced BY THE STATE!!! Drizin must have been doing this >>>> :happydance: when the State brought that article into the case. Also... notice the reference to it being used by the Supreme Court too :) I sure hope Brendan gets to go home soon.
Click to expand...

Yes, there was some really good stuff in there for sure.
 
Safeguard said:
He's going to need to learn a whole lot more than how to crochet, when he does get out! Think about it, he was (literally!)
kidnapped at 17, and held prisoner of the injustice system... He's been conditioned to live within the framework of a very sick (inmate) society... I can imagine he will find life as a *free* (adult) man overwhelmingly complex. Poor Brendan! With freedom comes much personal responsibility, and he has had others controlling his every move, for 10 yrs, all his adult life...I hope he gets very good help in handling his new reality.
Click to expand...

Undoubtedly. I just felt so sad when i read the whole thing about his stupid little offences while in prison for the last decade with some silly thing about ramen noodles, a game board & broken soap dish.
Poor kid, but he's a grown man now and couldn't imagine if that was my child wrongly convicted, IMO. But he has such a loving family & great support network, so that will hopefully get him to where he needs to be.
 
Hoosen_Fenger said:
BIB by me in response - and a note below.



So on the set up theory. If not someone on that Yard, then who did kill Teresa? No evidence points anywhere else. The defence team already said it was not the Police that killed her, that would be so far fetched as to be seriously damaging to anyones credibility that might suggest it. So then who? No evidence pointing to anyone other than on that Yard.

So if not Avery and he was framed, who needs to be involved? Law enforcement from more than one county. Forensic scientists. The Justice Department. The FBI. Part of he defence team (as alleged by MaM) Teresa's family & friends. The Judge. The department of corrections. Scott Tadych & everyone else called for the prosecution. 12 Jurors.

This forum is about Sleuthing. Looking for facts & evidence and trying to find a narrative that fits them. If people are going to suggest that all of the above conspired to convict Avery & Dassey, without any evidence? Then we may as well just close our accounts and go over to Reddit. It is hard for those people who have only watched MaM to get their heads around, but the idea of a set up is not sustainable.
Click to expand...

There were others IMO who should of been investigated as to who killed TH. She was receiving some phone calls prior to her death that she didn't want to answer. Someone harrassing her about something? And her ex b/friend, and we will never know much about her life other than what we have read but nothing about any problems she might have been having in her life. I definitely think there were other people in this case that should of been investigated. But they wanted to pin this on Avery and they used Dassey to make all their stuff stick to the wall, and that's exactly what they did.
And if you don't think police corruption exists, and how far that rabbit hole can go, then i'm sorry but you are mistaken. JMO.
 
I don't think there anyone here who's only watched MaM (although this is the subtle way some like to suggest, that we cant think for ourselves). I highly doubt the judge who overturned Brendans conviction only watched MaM!

Those who don't think any evidence was planted:

Go search your nightstand eight times and tell me what new evidence turns up.

Perhaps those who think there was no planting, have some mysterious ability to * see* in a way that millions of other people on the planet don't possess.

Time will tell.
 
Status
Not open for further replies.

DNASolves

Who is Escambia County John Doe (1989)?

Members online

... and 58 more.
Total: 2,488 (members: 59, guests: 2,429)

Online statistics

Members online
59
Guests online
2,429
Total visitors
2,488
Totals may include hidden visitors.

Forum statistics

Threads
600,471
Messages
18,109,099
Members
230,991
Latest member
Clue Keeper
Back
Top