WI - Teresa Marie Halbach, 25, Manitowoc, 31 Oct 2005

[Bobbisangel]

Well, Avery sure didn't let any grass grow under his feet before he picked right back up with his life of rape did he. I wonder why the girl didn't tell anyone before now. She must have been afraid of the big fat slug. I believe that a jury will give him LW0P. They would probably really like to give him a death sentence. I don't blame the girl for not wanting to go to court and have to tell what that creep did to her. Judging by the way rape cases are handled in real trials on TV I don't think I would tell anyone anyway. I'm keeping up with the Duke college kids and the female is getting bashed.

 

[Sherlockmom]

> I wonder why the girl didn't tell anyone before now. She must have been afraid of the big fat slug. <



The article states the allegations were made in August 2004 so I believe she did report it right away. The case was given to a DA in another county because Avery was filing his lawsuit and there would have been an appearance of conflict of interest.

In investigation into the matter ensued. I think that by the time it was finished Avery had been arrested for Teresa's murder so the victim chose to wait it out. She's young, was a teenage I believe when the rape occurred. Probably doesn't want to put herself through this if he is going to get life anyway.

Sherlockmom

 

[1000Sparks]

that Avery threatened to kill her and her family if she told...now that she knows he can't get to her, seemed like the right thing to do..

Every time I see his mug on the TV I could vomit !

 

[cheko1]

that Avery threatened to kill her and her family if she told...now that she knows he can't get to her, seemed like the right thing to do..

Every time I see his mug on the TV I could vomit !

I also heard the same thing on the news......
He sure knew how to keep someone quiet! What a he is!!!! :doh:
Truth is they weren't idle threats!

 

[Ang50]

Here we go - the motion to suppress Dassey's statement.

http://wfrv.com/local/local_story_109173521.html

The part about what the investigators told him - about help - is probably not coercion, but the stuff about it being OK if he participated may be a problem, if true. Also - the 2 separate interviews may also be a problem, especially if they contradict each other, or if Dassey seems reluctant in the first, but not so in the second. And if LE kept him overnight between the interviews - lots of potential problems here.

Here's the second part of the test - from this article
http://www.postcrescent.com/apps/pbcs.dll/article?AID=/20060419/APC0101/60419045

[font=Arial, Helvetica, sans-serif][font=Arial, Helvetica, sans-serif]Dassey is too young, too inexperienced with police and not bright enough to make voluntary statements. [/font][/font]

This is the part about Dassey himself - not what the police did. The stuff about age, IQ, police experience, etc. is what I've explained before - the court looks at this in its decision as well.

[font=Arial, Helvetica, sans-serif][font=Arial, Helvetica, sans-serif]Dassey’s mother allowed him to be questioned without her or an attorney present. - This part is bad for the defense, actually. Parental notification of a child being questioned is not required, but since she did know, it strengthens the prosecution's case. However, it looks like the initial interview took place at school, and so I assume that would be w/o mom's knowledge, so that could cut the other way. Hard to tell with this... [/font][/font]

But worse - is how this might go on appeal. If the judge allows the confession in, it seems like there's a strong basis for the appellate court to find that it should have been thrown out. And if that happens, in that event, Dassey is more likely to go free. Just my observer's opinion - I think the best case scenario is that the judge throws out the confession, prosecutors give Dassey a deal in exchange for Avery testimony, and Dassey serves shorter time as a juvenile. If the confession stays in, if I were Dassey's attorney, I would take it to trial and then look to get the conviction overturned.

I wish I could see the motion.

 

[Sherlockmom]

>Dassey is too young, too inexperienced with police and not bright enough to make voluntary statements.<


BWAHAHAHAHA!!!! Okay then. We should let him go. He should live next door to the judge or one of his defense attorneys and carry in groceries for their wives and play nintendo with their kids.

I suppose attorneys for these scumballs can sleep at night because they figure they won't be living in THEIR neighborhoods.

Our justice system is such a joke you have to laugh otherwise it's just too dang depressing.

I predict they will not be successful in any futile attempts to help these two get away with murder. Their attorneys can make fools out of themselves trying. I have nothing but contempt for their attorneys for even trying these despicable manuevers. This isn't guaranteeing their client a fair trial. It's helping him to get away with the torture, rape and murder of an innocent young woman. Shame on them.

Sherlockmom

 

[mocity]

This whole thing just made me sick.


Quote from article above: He said investigators promised they would help Dassey if he would give a detailed account of the crime, and they went to the point of telling him it would be OK if he participated in the murder.


Regardless... he KNOWS murder is wrong and you don't get away with it if you are caught.

 

[Sherlockmom]

>Quote from article above: He said investigators promised they would help Dassey if he would give a detailed account of the crime, and they went to the point of telling him it would be OK if he participated in the murder.<


I read the article again and it sounded like Dassey gave an account and confessed in the first interview. They wanted more details and interviewed him a second time. Obviously they had enough to charge him from the first interview. No one was "tricked".

Since we don't have an exact transcript of the interview all we are hearing is the defense's "spin" on this. Oftentimes police will try to befriend someone to get more information out of them. They will say things like "we can understand that you were scared, or lost your temper. It's okay. You can tell me about it. I'll understand". Big difference between that and saying it was okay that he did what he did. Until we can read a transcript of the interview we won't know. This isn't considered tricking anyone. It's pretty standard psychology. It's the perp's fault if he is stupid enough to fall for it. No one said he was mensa material. Criminals are usually chomping at the bit to confess. Most of them need a little persuastion. They usually don't get confessions by asking pretty please or offering to take them out for a milkshake.

The defense will put out press releases and statements like this to try and get sympathy for their client. Afterall, the jury is coming from the public. They will try to paint their client as a "good boy" who was railroaded by the cops and misunderstood. A poor embicile who was so scared of his uncle he couldn't even try to argue a bit to save the girls life. Or even get her a quick ending. Just about every creep who is arrested claims they were abused by the cops in some way. It's a joke.

Give me a minute. Okay. Nope couldn't come up with one once of sympathy for him.

Sherlockmom

 

[chicoliving]

Authorities have returned to the Avery property in search of more evidence in the Teresa Halbach murder investigation.

This time, they have seized items from the home of Brendan Dassey. The teen along with this Uncle, Steven Avery, has pleaded not guilty to raping and murdering Teresa last Halloween.

According to papers filed in Manitowoc County Court, authorities took the computer last Friday.

The search warrant return states that a Hewlet Packard computer and 12 CDR's were seized.

According to an affidavit, Dassey was communicating with family members and a friend by instant message and e-mail before and after the murder of Teresa Halbach.

Investigators believe evidence of the crimes of homicide, sexual assault and mutilation of a corpse may be contained in the computer.

more at link
http://wfrv.com/topstories/local_story_114170428.html

 

[Sherlockmom]

>Investigators believe evidence of the crimes of homicide, sexual assault and mutilation of a corpse may be contained in the computer.<


Thanks for posting the link to the story Chicoliving. Very interesting. I wonder what led them to do this? They must have had some information to suspect that they may find information there.


Sherlockmom

 

[Ang50]

The search warrant return states that a Hewlet Packard computer and 12 CDR's were seized.

According to an affidavit, Dassey was communicating with family members and a friend by instant message and e-mail before and after the murder of Teresa Halbach.

Investigators believe evidence of the crimes of homicide, sexual assault and mutilation of a corpse may be contained in the computer.

It looks like either Dassey, Avery or another person who was being communicated to told about Dassey's communication. LE would need to make a statement with "reasonable belief" in order to get a search warrant. Dassey, or someone else, likely told LE about the communication, and LE stated it in an affidavit.

 

[lostfaith]

http://www.themilwaukeechannel.com/news/8996620/detail.html

Defense attorneys for Steven Avery are asking the judge to delay his trial partly because of new evidence released by the state crime lab.

The motion said Teresa Halbach's DNA was not found on the handcuffs or leg shackles collected from Avery's trailer.

That calls into question the confession given by Avery's nephew, Brendan Dassey, who said Halbach was handcuffed to his uncle's bed the day of her murder.



hmmmm............. Now, if he is not bright enough to better hide her car and her keys and all the other evidence, dont tell me he was bright enough to remove all her DNA from the handcuffs and shackles.

Interesting to say the least.

 

[Sherlockmom]

I remember reading in several places that her DNA WAS found on the handcuffs. I do remember also that lots of bleach was used that day. it's possible bleach was used on the restraints.


Avery's DNA was found on the car keys and I think somewhere else on her car and I think it was his blood.

Sherlockmom

 

[cheko1]

I heard that shows like CSI / show how to get rid of DNA & many criminals get there info from watching these programs. Shaun Rudy supposedly used bleach to get rid of DNA too.

LE seize computers for many crimes. I'm surprised it took them so long to do it.

 

[chicoliving]

A judge ruled Friday he will allow in court a 16-year-old boy's statements that investigators say implicated him and his uncle in the rape and murder of a young woman on Halloween.

The statements by Brendan Dassey should be allowed during his trial for the murder of photographer Teresa Halbach, Manitowoc County Circuit Court Judge Jerome L. Fox ruled.

more at link
http://www.duluthsuperior.com/mld/duluthsuperior/news/politics/14564082.htm

 

[1000Sparks]

what a crock to say he was to young to know what he was saying..hahahahahaah

like details that the detectives verified....

Hope they both hang.

 

[Sherlockmom]

>Manitowoc County Circuit Court Judge Jerome L. Fox ruled investigators properly questioned Brendan Dassey in a three-hour videotaped interview March 1. Dassey's attorney, Len Kachinsky, had argued investigators coerced the teen, described by his mother as a slow learner, into making involuntary statements.<


The interview was videotaped. What a waste of the court's time.

Sherlockmom

 

[Sherlockmom]

Also in the article from your link Chicoliving:

"Dassey's attorney had filed a motion asking the judge to amend the teen's $250,000 cash bail to allow family property to be posted. Special prosecutor Ken Kratz asked the judge to postpone a decision because he received new forensic evidence two days ago that he needed to consider.
The judge agreed and set another hearing for May 26. The judge also agreed to Kratz's request to seal the new evidence. Kratz told the judge he would likely ask for an increased bail amount for Dassey because of the new evidence.

Kachinsky said the new evidence wasn't a "smoking gun," though some of it supported Dassey's statements. Kachinsky said he has won a few cases in which his clients confessed, but never with a videotaped confession."

Wonder what the new evidence is? His lawyer says it isn't a smoking gun. Well the kid confessed. Don't know how much more smoky you can get there. It must be good enough to cause the pros. to call for an increase in the bail.

Sherlockmom

 

[cheko1]

I'll be surprised if Dassey gets much of a sentence the way Wis law is.His lawyer will plea down his time.

In the Rudy case Heather Teschler plea bargained & got 8 months jail time & the 62 days she sat in jail was used towards it. 6 mo she'll be out running the streets again. She was as guilty as Dassey & admitted to it.

 

[Sherlockmom]

There is alot you can do if you want to put pressure on local officials especially if judges and DA's are in elected positions. There are checks & balances in place. We need to start using them. If elected citizens can put pressure on judges and DA's to start to get tough on crime. Call them. Let them know that you do NOT want any plea deals in this case. That you want Dassey to serve the maximum sentence for his crime. Let them know that if you are unhappy with their performance that you will NOT vote for them again.

If they are in appointed positions you can start recall petitions. It's been successfully done recently in Wisconsin with some representatives.

A DA or judge in WI does not care if someone in VA or MI is mad at them. But they DO need the citizens votes if they are elected and they serve at the publics will if they are appointed as they are subjected to recall if they are not performing as they should. Use those tools. A revamping of our justice system starts at the local level and this is where you have the most power.

In Wisconsin you can find out who your state and federal reps are by typing in your zipcode. You will get email addresses, phone numbers and street addressess to contact them.

http://waml.legis.state.wi.us/

Write to the local newspapers and give contact info for people to contact judges, DA's, state and fed reps. People are generally lazy and will not look this stuff up themselves. Most people don't follow cases like we do here on WB and just pick one when they enter the voting booth. This has to change if we want to make a difference. The DP may be up for vote in WI in the near future. We need to let our state government know how we feel one way or another. The state has a judicial committee. Contact them. I think I found that information on the above website too.

If you are a citizen in the county where Dassey will be tried start making phone calls, sending emails and writing letters to your DA NOW! Let them know that you want them to prosecute to the full extent of the law and ask for the most allowed under the law for that crime. Tell them that you DO NOT want Dassey to get off with a light sentence on some plea deal. He has confessed to the crime. There seems to be little reasonable doubt here. The DA should have a strong case. There is no reason why he should have to offer Dassey any kind of deals. Dassey may be smart at this point to ask for one in order to avoid a trial. Perhaps an offer to plead guilty or no-contest for a lighter sentence. That doesn't mean the DA has to go along with it.

We have to remember that these officials are elected to represent the people and to protect our interests and safety. They are accountable to US. While they have to operate within the confines of the laws of the state they also serve at our pleasure. If the people are too lazy to keep score and to grumble then they will make decision based on their own desires instead of the people's. The most power lies in the locals. You are a big fish in a little pond there. The rest of us who live outside of this county are little fish in a big pond. It's up to the locals.

Sherlockmom