Dassey: 7th Circuit AFFIRMS Judge Duffin in 2-1 decision.

[missy1974]

I feel this deserves it's own thread!

Steven A Drizin‏ @SDrizin

THIS JUST IN. 7th Circuit AFFIRMS Judge Duffin in 2-1 decision. This round goes to Brendan Dassey 2-1 (Judge Hamilton dissenting).

 

[missy1974]

here is the ruling:

http://media.ca7.uscourts.gov/cgi-b...2/C:16-3397:J:Rovner:aut:T:fnOp:N:1983985:S:0

 

[missy1974]

Page 103

Teresa Halbach’s family has now grieved for their painful
loss through several trials, multiple state court appeals, state
post‐conviction relief appeals, and now the habeas proceed‐
ings in federal court. If only this court, through its many
words, could re‐write the tragic tale of that final day of Tere‐
sa’s life. But of course, we cannot. Dassey has successfully
demonstrated that the state court decision resulted in a deci‐
sion that was “contrary to, or involved an unreasonable ap‐
plication of, clearly established Federal law, as determined
by the Supreme Court of the United States” and that “result‐
ed in a decision that was based on an unreasonable determi‐
nation of the facts in light of the evidence presented in the
State court proceeding.” 28 U.S.C. § 2254(d)(1) and (2). The
decision of the district court is AFFIRMED in all respects.
The writ of habeas corpus is GRANTED unless the State of
Wisconsin elects to retry Dassey within 90 days of issuance
of this court’s final mandate, or of the Supreme Court’s final
mandate.​

 

[proudfootz]

I am glad that Duffin's ruling was upheld.

 

[missy1974]

wow... it's like reading the posts I have read over the last 18 months LOL

Page 9:

Although we report
the evolution of his confession linearly, it is far from that.
Dassey’s story changes; he backtracks; officers try to pin him
down on time frames and details, but they are like waves on
the sand. Even the State has trouble telling its version of the
timeline of the story in any cogent manner due to the fact
that it changed with each re‐telling. See Brief of Respondent‐
Appellant at 9, n.3. Although the State presents a cogent sto‐
ry line in its brief on appeal, it does so by picking and choos‐
ing pieces from various versions of Dassey’s recitations.*​

I have found a mistake though...

After his arrest, the state public defender’s office ap‐
pointed private attorney Len Kachinsky to represent Dassey.
Kachinsky met with Dassey on March 10, 2006. Dassey told
Kachinsky that he was innocent, that his confession was not
true, and that he wanted to take a polygraph test. After this
meeting, despite Dassey’s claims of innocence, Kachinsky
spoke to the media and described Dassey as sad, remorseful,
and overwhelmed. The media reported that Kachinsky
blamed Avery for “leading Dassey down the criminal path”
and said that he had not ruled out a plea deal.​

BBM in the last passage, Kachinsky went in front of the media BEFORE he even spoke to Brendan IIRC.


It goes on to discuss the Kachinsky/O'Kelly interview and where Wiegert and Fassbender tell BD to call his mom and tell her before they do, and how that call was used against BD 3 times in his trial. Later in the ruling (because I jumped to the end first and read this lol):

Page 103

Because we affirm the grant of the writ of habeas corpus
on these bases, we need not make a determination about the
effective assistance of counsel. We note, however, that
should the government decide to retry Dassey, the issue of
the admissibility of the May 13 telephone call between Das‐
sey and his mother will require a fresh look to determine
whether it is the fruit, so to speak, of an involuntarily‐
obtained confessional tree​

BBM above, that seems to be a clear warning to the State IMO.

 

[bessie]

:bump:

Sent from my SAMSUNG-SM-G930A using Tapatalk

 

[BigCityAccountant]

HURRAY!:happydance::happydance::happydance::happydance::happydance:

 

[BigCityAccountant]

[h=1]‘Making a Murderer’ defendant Brendan Dassey wins big victory in federal court[/h]
https://www.usatoday.com/story/news...sey-wins-big-victory-federal-court/421159001/

 

[missy1974]

Thanks Bessie

http://www.wbay.com/content/news/Ma...ning-Brendan-Dassey-conviction-430192773.html

Attorneys for Brendan Dassey say they are working to get their client released from prison following a bombshell court ruling affirming that Dassey's confession to the 2005 murder of Teresa Halbach was coerced by Manitowoc County investigators.

and a statement from DOJ

The Wisconsin Department of Justice tells Action 2 News, "We are evaluating the 2-1 decision from the court. We anticipate seeking review by the entire 7th Circuit or the United States Supreme Court and hope that today’s erroneous decision will be reversed. We continue to send our condolences to the Halbach family as they have to suffer through another attempt by Mr. Dassey to re-litigate his guilty verdict and sentence."

I have said from the beginning that I can't believe the State took Brendan's confession and told her parent's and family that narrative of how she died with absolutely ZERO evidence to back up any of their "story". I hope that even if the Halbach's believe that BD had something to do with the murder of TH, that they can take the words of the 2 judges in this ruling and hope that it didn't happen the way the State told them it did because of the obviously unreliable confession of a 16 yr old intellectually disabled child that was telling 2 horrible LE officers what they wanted to hear. JMO

I asked in the other thread before it closed, if anyone knows, if the March 1st search warrant will now be invalid since they used BD's "confession" to obtain that search warrant? Is it "fruit of the poisonous tree"?

 

[BigCityAccountant]

About the Judges:

Ann Claire Williams Wiki:
https://en.wikipedia.org/wiki/Ann_Claire_Williams

Ilana Rovner Wiki:
https://en.wikipedia.org/wiki/Ilana_Rovner

David Hamiltion Wiki: (dissenting)
https://en.wikipedia.org/wiki/David_Hamilton_(judge)

 

[BigCityAccountant]

Thanks Bessie

http://www.wbay.com/content/news/Ma...ning-Brendan-Dassey-conviction-430192773.html

Attorneys for Brendan Dassey say they are working to get their client released from prison following a bombshell court ruling affirming that Dassey's confession to the 2005 murder of Teresa Halbach was coerced by Manitowoc County investigators.

and a statement from DOJ

The Wisconsin Department of Justice tells Action 2 News, "We are evaluating the 2-1 decision from the court. We anticipate seeking review by the entire 7th Circuit or the United States Supreme Court and hope that today’s erroneous decision will be reversed. We continue to send our condolences to the Halbach family as they have to suffer through another attempt by Mr. Dassey to re-litigate his guilty verdict and sentence."

I have said from the beginning that I can't believe the State took Brendan's confession and told her parent's and family that narrative of how she died with absolutely ZERO evidence to back up any of their "story". I hope that even if the Halbach's believe that BD had something to do with the murder of TH, that they can take the words of the 2 judges in this ruling and hope that it didn't happen the way the State told them it did because of the obviously unreliable confession of a 16 yr old intellectually disabled child that was telling 2 horrible LE officers what they wanted to hear. JMO

I asked in the other thread before it closed, if anyone knows, if the March 1st search warrant will now be invalid since they used BD's "confession" to obtain that search warrant? Is it "fruit of the poisonous tree"?

Seems to me that every time they lose its "an erroneous decision". They just don't get it. Everyone is wrong EXCEPT for them.

Didn't they say Duffin's decision was erroneous too and the 7th Circuit would set things straight? IMO, they did set things straight.

 

[BigCityAccountant]

Seems to me that every time they lose its "an erroneous decision". They just don't get it. Everyone is wrong EXCEPT for them.

Didn't they say Duffin's decision was erroneous too and the 7th Circuit would set things straight? IMO, they did set things straight.

Bumping off my own post. :blushing:

States response after Duffin's decision.

“We believe the magistrate judge’s decision that Brendan Dassey’s confession was coerced by investigators, and that no reasonable court could have concluded otherwise, is wrong on the facts and wrong on the law,” Schimel said in the release. “Two state courts carefully examined the evidence and properly concluded that Brendan Dassey’s confession to sexually assaulting and murdering Teresa Halbach with his uncle, Steven Avery, was voluntary, and the investigators did not use constitutionally impermissible tactics.”

Source: Wisconsin Department of Justice Appeals Ruling That Overturned Brendan Dassey's Conviction | NBC Chicago http://www.nbcchicago.com/news/loca...aking-a-murderer-392920681.html#ixzz4knOH2dov
Follow us: @nbcchicago on Twitter | nbcchicago on Facebook

In their view, it is wrong (or erroneous) IF it is NOT the decision they wished for.

Of course, IMHO

 

[BigCityAccountant]

On another note...

"Making A Murderer": Dassey attorneys working to secure his release

http://www.wbay.com/content/news/Ma...ning-Brendan-Dassey-conviction-430192773.html

"We are overjoyed for Brendan and his family, and we look forward to working to secure his release from prison as soon as possible. As of today’s date, Brendan Dassey has lost 4,132 days of his life to prison."

Action 2 News spoke with Bob Dvorak, an attorney who's been part of Dassey's post-conviction team.
"My assumption is that they would have to release him, based on the judge's order unless they get another stay from the Supreme Court," Dvorak says.


Jerome Buting @JButing

I think there's excellent chance of release on bail now, provided reasonable arrangements are made. https://twitter.com/kohlandlipstick/status/877981470761009152 …
[video=twitter;877982719988379651]https://twitter.com/JButing/status/877982719988379651[/video]

The majority opinion states, "Dassey's interview could be viewed in a psychology class as a perfect example of operant conditioning."

 

[shadowraiths]

I asked in the other thread before it closed, if anyone knows, if the March 1st search warrant will now be invalid since they used BD's "confession" to obtain that search warrant? Is it "fruit of the poisonous tree"?

Here's your question from the other thread.

I have read most of the decision... I have been thinking about it as I'm cooking supper, and had to come ask if anyone knows...

IF BD's confession is involuntary, and the search warrant on March 1st was obtained because of information that Brendan provided in that interview, is that search warrant no longer valid? and would that mean anything from that search would be "fruit from the poisonous tree"?

 

[missy1974]

thanks shadowraiths!

I was looking through the other BD thread, after Duffin's ruling, I had the same question! So many questions in these cases.

Have you read the decision shadowraiths? I would be interested in your opinion I feel a bit "invested" in these cases now. At first, I was happy and excited for Brendan. I know it's not over for him though, and there will be appeals, whether the full 7th Circuit hears the case, or it goes to the Supreme Court, it's all going to take time. To see 2 more judges agree with Duffin is a great though, I have never been 100% sure of SA, but I have always been 100% sure that BD is innocent and was just a pawn in this whole situation, the sacrificial lamb.

It still angers me that the State used Brendan's confession as their narrative to tell Teresa's family. Her death was bad enough, but to give them a story that a 16 yr old child made up to appease the investigators sickens me. My thoughts are with them today, but my thoughts are also with a young man that should be at home and should have been for the past 11 years. JMO

 

[shadowraiths]

thanks shadowraiths!

I was looking through the other BD thread, after Duffin's ruling, I had the same question! So many questions in these cases.

Have you read the decision shadowraiths? I would be interested in your opinion I feel a bit "invested" in these cases now.

Hi Missy, I haven't had time to read the opinion. Have been pretty busy lately but will take a look at it this weekend.

At first, I was happy and excited for Brendan. I know it's not over for him though, and there will be appeals, whether the full 7th Circuit hears the case, or it goes to the Supreme Court, it's all going to take time. To see 2 more judges agree with Duffin is a great though, I have never been 100% sure of SA, but I have always been 100% sure that BD is innocent and was just a pawn in this whole situation, the sacrificial lamb.

Yes, that's where I stand too. That is, 100% sure BD is innocent. I still question SA's innocence but will comment on the other thread when I have time.

It still angers me that the State used Brendan's confession as their narrative to tell Teresa's family. Her death was bad enough, but to give them a story that a 16 yr old child made up to appease the investigators sickens me. My thoughts are with them today, but my thoughts are also with a young man that should be at home and should have been for the past 11 years. JMO

I totally agree. The whole torture/rape scenario is obscene. Again, I think that scenario came from Kratz dark mind. I totally wish they would have sanctioned him for the way he treated Ms. Halbach's family by giving that awful press conference but it is what it is.

 

[Karinna]

OMG, What fantastic news for Brendan and his family, way to go.
I know it's very sad and tragic that Teresa's family have been on this awful journey to get Justice for their loved one, but it is also terrible that Brendan didn't get justice either and lost the better part of his youth. Very sad all the way around.

 

[krkrjx]

I am expecting the state to say they will retry Dassey, then drag the process out as long as they possibly can just to keep him incarcerated.

They have 90 days to file their intent but I am not sure what the court will accept as grounds for retrial. They can't use his coerced confession and if they have no evidence of his involvement the court should deny their request for retrial. But what should be isn't always what is.

What evidence could they claim to have?

 

[guruagain]

Jerome Buting tweets

"Brendan attys today filed motion that Brendan be released immediately. 7th Cir ordered state reply by 5:00 pm 6/26. Ticktock #MakingAMurder"

 

[krkrjx]

By 5 PM on the 26th...that's Monday !