Brendan Dassey's Habeas Corpus Petition Granted

[Karinna]

The defense or his family most likely. JMO

Why on earth would you think the directive that he was being released from prison came from BD's family? That's just dumb logic. Brendan's family don't get to make that call, they go by what is being relayed to them via Brendan's legal team, LOL.
My question was more in regard to "who" gave news crews the info. to be on site for the event.

 

[Hippiemomof5]

I've read the last few pages in this thread after hearing the news. I'm appalled at what is happening to poor Brendon. I really have no words!!

I had my baby last Friday, 11/11, and he's perfect. Lincoln Stavros, 7lbs8oz and 21" long. My father in law unexpectedly died of a massive heart attack three days before, and Thursday, we travelled to New York City (from SE PA) to bury him next to my husband's brother. It's been a whirlwind since he passed and the emotional roller coaster of death and new birth has been overwhelming for me. I'm hoping life settles a little now!

 

[BigCityAccountant]

:welcomeback:
Congrats on the little one! Hope everyone is healthy!! :congrats::balloons:

Sorry to hear about your father in law, my prayers are with you and your family at this time~~may he rest in peace. :rose:

Hoping life settles down a little bit for you too and you get to enjoy your time with your little one!!!!

I've read the last few pages in this thread after hearing the news. I'm appalled at what is happening to poor Brendon. I really have no words!!

I had my baby last Friday, 11/11, and he's perfect. Lincoln Stavros, 7lbs8oz and 21" long. My father in law unexpectedly died of a massive heart attack three days before, and Thursday, we travelled to New York City (from SE PA) to bury him next to my husband's brother. It's been a whirlwind since he passed and the emotional roller coaster of death and new birth has been overwhelming for me. I'm hoping life settles a little now!

 

[missy1974]

I've read the last few pages in this thread after hearing the news. I'm appalled at what is happening to poor Brendon. I really have no words!!

I had my baby last Friday, 11/11, and he's perfect. Lincoln Stavros, 7lbs8oz and 21" long. My father in law unexpectedly died of a massive heart attack three days before, and Thursday, we travelled to New York City (from SE PA) to bury him next to my husband's brother. It's been a whirlwind since he passed and the emotional roller coaster of death and new birth has been overwhelming for me. I'm hoping life settles a little now!

Congrats on your new crumb snatcher too! Babies everywhere ;-)

So sorry about your father in law, you must be exhausted. :hug: I hope you get some rest now and enjoy your new little Lincoln

 

[dexter75]

I've read the last few pages in this thread after hearing the news. I'm appalled at what is happening to poor Brendon. I really have no words!!

I had my baby last Friday, 11/11, and he's perfect. Lincoln Stavros, 7lbs8oz and 21" long. My father in law unexpectedly died of a massive heart attack three days before, and Thursday, we travelled to New York City (from SE PA) to bury him next to my husband's brother. It's been a whirlwind since he passed and the emotional roller coaster of death and new birth has been overwhelming for me. I'm hoping life settles a little now!

Welcome back, HIPPIEMOM!!!
Missed you around here😉
Congratulations on your sweet boy❤
Hope things settle down for you too!

Sent from my SAMSUNG-SM-G935A using Tapatalk

 

[Limaes]

Why on earth would you think the directive that he was being released from prison came from BD's family? That's just dumb logic. Brendan's family don't get to make that call, they go by what is being relayed to them via Brendan's legal team, LOL.
My question was more in regard to "who" gave news crews the info. to be on site for the event.

Why wouldn't one take his family into consideration? If it wasn't them, then it must have been his attorneys

 

[Karinna]

Why wouldn't one take his family into consideration? If it wasn't them, then it must have been his attorneys

Speculation then.

 

[Limaes]

Speculation then.

Then why ask?

 

[missy1974]

So who is responsible for jumping the gun on all this to the point of having media crews etc. out there awaiting Dassey's release? Seems a bit off to me that that happened really.

I missed this post the other day My guess is that because it was in the news that Judge Duffin ruled he was to be released... then the State appealed, that appeal was denied and at that point Judge Duffin ruled that Brendan was to be released NO LATER THAN Friday at 8pm. At that point, he could have been released at any time, because according to Judge Duffin the probation dept had already looked at his residence and approved everything.

The news media did what they normally do... they camp out to get the first picture, the first video, etc. No defense attorney or family members needed to inform them, it was playing out in the courts and was available publicly. The appeals and rulings were literally available the second they were filed, everything was done online. I was working last week and all I had to do was watch twitter to read them almost immediately from my phone (which is kind of crazy when you think about it, right? lol)

 

[Karinna]

Then why ask?

You totally missed what i was asking, LOL. And you provided no linkable scource to my question either, that's why my reply about just speculation on your part, as it is just that.

 

[Karinna]

I missed this post the other day My guess is that because it was in the news that Judge Duffin ruled he was to be released... then the State appealed, that appeal was denied and at that point Judge Duffin ruled that Brendan was to be released NO LATER THAN Friday at 8pm. At that point, he could have been released at any time, because according to Judge Duffin the probation dept had already looked at his residence and approved everything.

The news media did what they normally do... they camp out to get the first picture, the first video, etc. No defense attorney or family members needed to inform them, it was playing out in the courts and was available publicly. The appeals and rulings were literally available the second they were filed, everything was done online. I was working last week and all I had to do was watch twitter to read them almost immediately from my phone (which is kind of crazy when you think about it, right? lol)

Thanks for clarifying missy. And "yes" to your question, i agree.

 

[missy1974]

Brendan's lawyer filed their brief in the Seventh Circuit today:

http://www.stevenaverycase.org/wp-content/uploads/2016/12/Dassey-Appellee-Brief_redatced.pdf

There is nothing "new" in here but after skimming through it quickly this afternoon, it looks well-written and way more organized than the State's appeal brief. The "facts" that the State tried to say that Brendan came up with on his own in their appeal are addressed and it is pointed out that NO forensic evidence backed up Brendan's 'confession'. Some examples:

Many details in Brendan’s confession were later proven false. Brendan
accepted the police’s theory that Halbach was raped in Avery’s bedroom, for
instance, and added that she was shackled to the wooden headboard; but the
headboard bore no scratches or marks, and technicians found no DNA from
Halbach or Brendan in the bedroom

Similarly, Brendan agreed that Halbach’s bleeding body was placed on a “creeper,” but no blood or
DNA was found on that creeper​

 

[missy1974]

A new brief filed today with the Seventh Circuit Courts

BRIEF OF AMICI CURIAE JUVENILE LAW CENTER,
WICKLANDER-ZULAWSKI & ASSOCIATES, INC., AND
PROFESSOR BRANDON GARRETT
IN SUPPORT OF APPELLEE AND AFFIRMANCE

I had to google what AMICI CURIAE meant, as per https://www.law.cornell.edu/wex/amicus_curiae#

Latin for "friend of the court." Frequently, a person or group who is not a party to a lawsuit, but has a strong interest in the matter, will petition the court for permission to submit a brief in the action with the intent of influencing the court's decision. See, e.g. American Airlines v. Wolens, 513 US 219 (1995).


http://www.stevenaverycase.org/wp-content/uploads/2016/12/Dassey-Amicus-Brief_redacted.pdf


Lots of links in the brief that I haven't had a chance to look at yet, but this statement says it all IMO I know I have read that Drizin and Nirider have used it in teaching, and I know I read that it was used in teaching LE what NOT to do, but here again, this organization is saying the same. And this kid (now grown man) is sitting in jail? SMH

Indeed, leading authorities on police interview and interrogation techniques
have pointed to Brendan Dassey’s interrogation as an example of improper
use of coercion and poor technique

 

[IDK]

A new brief filed today with the Seventh Circuit Courts

BRIEF OF AMICI CURIAE JUVENILE LAW CENTER,
WICKLANDER-ZULAWSKI & ASSOCIATES, INC., AND
PROFESSOR BRANDON GARRETT
IN SUPPORT OF APPELLEE AND AFFIRMANCE

I had to google what AMICI CURIAE meant, as per https://www.law.cornell.edu/wex/amicus_curiae#

Latin for "friend of the court." Frequently, a person or group who is not a party to a lawsuit, but has a strong interest in the matter, will petition the court for permission to submit a brief in the action with the intent of influencing the court's decision. See, e.g. American Airlines v. Wolens, 513 US 219 (1995).


http://www.stevenaverycase.org/wp-content/uploads/2016/12/Dassey-Amicus-Brief_redacted.pdf


Lots of links in the brief that I haven't had a chance to look at yet, but this statement says it all IMO I know I have read that Drizin and Nirider have used it in teaching, and I know I read that it was used in teaching LE what NOT to do, but here again, this organization is saying the same. And this kid (now grown man) is sitting in jail? SMH

Indeed, leading authorities on police interview and interrogation techniques
have pointed to Brendan Dassey’s interrogation as an example of improper
use of coercion and poor technique

Thanks for posting this Missy! This is heartening news, even if it doesn't end up going anywhere.
I just did a little research on Professor Brandon Garrett. He teaches at the Law School at the University of Virginia, a very highly esteemed public university in the US. Also the author of : "Convicting the Innocent, When Criminal Prosecutions Go Wrong".
His book reviews the first 250 cases where individuals were exonerated by DNA testing.

"Garrett teaches law at the University of Virginia School of Law, where he has been a professor since 2005. His research on our criminal justice system has ranged from the lessons to be learned from cases where innocent people were exonerated by DNA tests, to research on false confessions, forensics, and eyewitness memory, to the difficult compromises that prosecutors reach when targeting the largest corporations in the world."


So happy that Brendan has another highly respected professional working on his behalf. Team Brendan!

http://www.brandonlgarrett.com/about/

 

[missy1974]

http://www.stevenaverycase.org/wp-c...rder-Granting-Motion-to-File-Amicus-Brief.pdf

The Seventh Circuit Court has granted the MOTION FOR LEAVE TO FILE BRIEF OF AMICI CURIAE

I think this is good news for Brendan

 

[missy1974]

The State has filed a brief in reply to the defense brief filed a few weeks ago.

http://www.stevenaverycase.org/wp-content/uploads/2016/12/States-Reply-Brief.pdf

This is the opening paragraph...

INTRODUCTION
Brendan Dassey spent four long months guilt-ridden over his participation in
Teresa Halbach’s brutal rape and murder. He lost “about 40 pounds” and “would just
stare into space and start crying … uncontrollably.” R.19-18:189–90. But he could not
hold it all in. Two months after his crimes, Dassey revealed to his cousin that he had
seen Halbach “pinned up in the bedroom” and had seen “body parts in a fire behind
Avery’s garage.” R.19-17:13–14; 19-18:193–94.


So I'm going to stop there for now. The lost 40 pounds is the first miss-statement and it's in the second sentence. I can only imagine the rest. Might read it later.

The next step is to schedule oral arguments I think.

 

[BigCityAccountant]

The State has filed a brief in reply to the defense brief filed a few weeks ago.

http://www.stevenaverycase.org/wp-content/uploads/2016/12/States-Reply-Brief.pdf

This is the opening paragraph...

INTRODUCTION
Brendan Dassey spent four long months guilt-ridden over his participation in
Teresa Halbach’s brutal rape and murder. He lost “about 40 pounds” and “would just
stare into space and start crying … uncontrollably.” R.19-18:189–90. But he could not
hold it all in. Two months after his crimes, Dassey revealed to his cousin that he had
seen Halbach “pinned up in the bedroom” and had seen “body parts in a fire behind
Avery’s garage.” R.19-17:13–14; 19-18:193–94.


So I'm going to stop there for now. The lost 40 pounds is the first miss-statement and it's in the second sentence. I can only imagine the rest. Might read it later.

The next step is to schedule oral arguments I think.

.
:floorlaugh::floorlaugh:

I'm a thinking that the family had talked about what "COULD HAVE" transpired that day and BD was imagining what transpired. The 40 pounds??? Really, wasn't it revealed that his girlfriend broke up with him because of all of this or something like that?? Wouldn't that make BD cry and lose weight? I know I've had friends who broke up and did the same thing...LOL They must have been in on something I'm not aware of...LOL

Give the kid a break~~it is my understanding that SA was like his best friend. He just lost his best friend and his girlfriend...geez

 

[missy1974]

.
:floorlaugh::floorlaugh:

I'm a thinking that the family had talked about what "COULD HAVE" transpired that day and BD was imagining what transpired. The 40 pounds??? Really, wasn't it revealed that his girlfriend broke up with him because of all of this or something like that?? Wouldn't that make BD cry and lose weight? I know I've had friends who broke up and did the same thing...LOL They must have been in on something I'm not aware of...LOL

Give the kid a break~~it is my understanding that SA was like his best friend. He just lost his best friend and his girlfriend...geez

yep, he said he was trying to lose weight because that's why his girlfriend broke up with him or something along those lines. The photo's/video of him in November 2005 compared to March 2006... there is no difference in weight IMO I hope his lawyers bring pictures to oral arguments!

It's laughable and frustrating all at the same time. I did read a bit further but gave up when they stated in the brief that 'physical evidence' backed up what he said, that they found handcuffs and leg irons. What they neglected to say was that the only DNA that was found was from SA and an unknown female (probably a worker at the store) and there were no marks on the bed posts...... on a queen sized bed, how did her arms and legs reach those posts? and logically.... you would need 2 sets of handcuffs, 2 sets of leg irons, right? It just doesn't add up, none of it.

 

[missy1974]

From what I understand, we will not get video, but may get audio of the arguments. 15 minutes seems like so little time!

 

[missy1974]

Notice of Oral Argument
http://www.stevenaverycase.org/wp-content/uploads/2016/12/Notice-of-Oral-Argument.pdf

So 15 minutes unless, after reading the briefs, they (the Judges) decide less time will be needed. On the bright side, the judges will be reading the briefs before the 14th!

This is where the audio will be afterwards, just want to leave it here for easy access later ( I have so much bookmarked already lol)
http://media.ca7.uscourts.gov/oralArguments/oar.jsp