Dassey to be released, conviction overturned!

A US federal judge has overturned the murder conviction of Brendan Dassey, whose case was examined in Netflix's popular Making a Murderer documentary.
Following the ruling by the judge in Milwaukee, Wisconsin, Dassey, 26, will be released within 90 days, unless the state decides to retry him.

more here

It's apparently taken the courts 10 years to decide those investigators coerced a kid with learning difficulties into a bullshit confession! What an efficient system.

Civil suit to follow?

monkeyboy wrote:Dassey to be released, conviction overturned!

A US federal judge has overturned the murder conviction of Brendan Dassey, whose case was examined in Netflix's popular Making a Murderer documentary.
Following the ruling by the judge in Milwaukee, Wisconsin, Dassey, 26, will be released within 90 days, unless the state decides to retry him.

more here

Well, that's good news.

If there is another trial perhaps he'll get better representation.

I'd be surprised if there was a new trial. What do they have on Dassey without the "confession"? There was no physical evidence to corroborate his version of events. No Halbach DNA in the trailer where she's supposedly been tied and chained up, raped and had her throat cut before being carried out to the garage to be shot where she left no DNA or blood spatter. His conviction rested on the confession which has been found to be coerced and the circumstances an abuse of his rights.

I hope it is the case.

I wonder if the spuriousness of these 'confessions' will have an impact on the Avery case, as some of the searches of the Avery property were apparently based on 'information' gleaned from them?

Given that the magically appearing bullet was only found after Dassey's tale of Halbach being taken there alive in his presence/being shown to him in the trunk of her car, i should think so. Of her having her hair cut off/being punched by uncle Steve and and after being told the detectives knew she had been shot in the head, of her being shot between once and ten times depending on how satisfied they sounded with his answer.

So after being shot up to 10 times at close range with a 22 rifle, there's no blood left or found in the garage, in the cracks in the cement, plenty of Avery's DNA but no DNA of Halbach's except on a bullet, not blood, just DNA. So the only evidence found to corroborate these mangled and contradictory events which are now found to be unreliable (as if a reasonable person needed telling that) is a portable bullet. Bit like those keys, clean of Halbach's DNA but covered in Avery's, not found until they really need something of hers in the trailer.
Would they have insisted on pursuing this evidence if not for Dassey's garbled multiple versions of events?
I see no harm to Avery's case in these events being mentioned. We'll see soon enough I guess.

felltoearth wrote:Civil suit to follow?

They've violated his rights and jailed him for 10yrs as a result. Wouldn't you want some sort of recompense? I doubt he's been having a blast in prison despite the sympathy many felt for him.

monkeyboy wrote:

felltoearth wrote:Civil suit to follow?

They've violated his rights and jailed him for 10yrs as a result. Wouldn't you want some sort of recompense? I doubt he's been having a blast in prison despite the sympathy many felt for him.

I hope they bankrupt the town.

felltoearth wrote:

monkeyboy wrote:

felltoearth wrote:Civil suit to follow?

They've violated his rights and jailed him for 10yrs as a result. Wouldn't you want some sort of recompense? I doubt he's been having a blast in prison despite the sympathy many felt for him.

I hope they bankrupt the town.

I'd sooner see some of the people who have acted inappropriately held to account. Prosecutors might be aiming to secure a conviction but anyone with a brain could see that Brendan was being manipulated into saying things which damned him, not only without the presence of a lawyer but with one who was being actively cooperative in securing that conviction. Surely a defender, an appointed defender ought to be held to account for failing to ensure that the accused is not having his rights demolished in such a way. To spend approx 10x your time with the media than with the man you're representing is just wrong. I assume tax payers pay people like Kachinsky. Is their expectation of someone appointed to defend vulnerable people like Dassey that they don't spend enough effort to realise that this kid is vulnerable and lacks capacity to make decisions like waiving his Miranda rights and be interviewed without a lawyer. Not only does he not bother to find out simple shit like that but appoints an investigator (for the defence remember) who leans on Brendan in some.of the most manipulative and shamelessly shitty fashion to get another confession which they feed to the prosecution and arrange another unrepresented interrogation. I would suggest that far from defending Dassey, Kachinsky actively defrauded the very office he worked for in not only failing to defend his client through the investigation and interviews but that he actively worked for the prosecution. Had he been arranging a plea deal for a confession, fair enough but he wasn't. He got no offer of a deal, he just offered Dassey's vulnerable and uncomprehending ass out to dry.

monkeyboy wrote:

felltoearth wrote:Civil suit to follow?

They've violated his rights and jailed him for 10yrs as a result. Wouldn't you want some sort of recompense? I doubt he's been having a blast in prison despite the sympathy many felt for him.

Maybe all those who suggest going to prison for ten years is 'no big deal' be taken straight away there to test their hypothesis.

monkeyboy wrote:Given that the magically appearing bullet was only found after Dassey's tale of Halbach being taken there alive in his presence/being shown to him in the trunk of her car, i should think so. Of her having her hair cut off/being punched by uncle Steve and and after being told the detectives knew she had been shot in the head, of her being shot between once and ten times depending on how satisfied they sounded with his answer.

So after being shot up to 10 times at close range with a 22 rifle, there's no blood left or found in the garage, in the cracks in the cement, plenty of Avery's DNA but no DNA of Halbach's except on a bullet, not blood, just DNA. So the only evidence found to corroborate these mangled and contradictory events which are now found to be unreliable (as if a reasonable person needed telling that) is a portable bullet. Bit like those keys, clean of Halbach's DNA but covered in Avery's, not found until they really need something of hers in the trailer.
Would they have insisted on pursuing this evidence if not for Dassey's garbled multiple versions of events?
I see no harm to Avery's case in these events being mentioned. We'll see soon enough I guess.

I agree. Some of the so-called 'evidence' used against Avery came to light as a result of Dassey's coerced statements.

I'm not sure that matters not for a murder case.

In Wisconsin anything is possible.

They convicted two people for the same crime using mutually exclusive 'theories' of the case.

proudfootz wrote:

monkeyboy wrote:

felltoearth wrote:Civil suit to follow?

They've violated his rights and jailed him for 10yrs as a result. Wouldn't you want some sort of recompense? I doubt he's been having a blast in prison despite the sympathy many felt for him.

Maybe all those who suggest going to prison for ten years is 'no big deal' be taken straight away there to test their hypothesis.

Wow, there's people out there really saying 10 years in prison is "no big deal"?

proudfootz wrote:In Wisconsin anything is possible.

They convicted two people for the same crime using mutually exclusive 'theories' of the case.

I'm pretty sure that's possible anywhere in the US.

proudfootz wrote:

monkeyboy wrote:Given that the magically appearing bullet was only found after Dassey's tale of Halbach being taken there alive in his presence/being shown to him in the trunk of her car, i should think so. Of her having her hair cut off/being punched by uncle Steve and and after being told the detectives knew she had been shot in the head, of her being shot between once and ten times depending on how satisfied they sounded with his answer.

So after being shot up to 10 times at close range with a 22 rifle, there's no blood left or found in the garage, in the cracks in the cement, plenty of Avery's DNA but no DNA of Halbach's except on a bullet, not blood, just DNA. So the only evidence found to corroborate these mangled and contradictory events which are now found to be unreliable (as if a reasonable person needed telling that) is a portable bullet. Bit like those keys, clean of Halbach's DNA but covered in Avery's, not found until they really need something of hers in the trailer.
Would they have insisted on pursuing this evidence if not for Dassey's garbled multiple versions of events?
I see no harm to Avery's case in these events being mentioned. We'll see soon enough I guess.

I agree. Some of the so-called 'evidence' used against Avery came to light as a result of Dassey's coerced statements.

I don't see why it would change anything for Avery. Dassey's testimony was never used against Avery and the fact that they found evidence based on Dassey's testimony is irrelevant as it wouldn't have constituted a violation of Avery's rights (they already had cause to search all the places evidence was found) and even then they could probably argue good faith.

I'm not legal expert but I'm pretty sure evidence gained through violating one person's rights can still be used against another person so long as that second person's rights weren't also violated. Maybe somebody who knows can chime in.

Yes, it's entirely possible the case against Dassey collapsing due to law enforcement misconduct will have no effect on Avery's case.

On the other hand, it may be a good sign that there are some people in the judiciary who are willing and able to reconsider these travesties of justice.

proudfootz wrote:Yes, it's entirely possible the case against Dassey collapsing due to law enforcement misconduct will have no effect on Avery's case.

On the other hand, it may be a good sign that there are some people in the judiciary who are willing and able to reconsider these travesties of justice.

I've said all along Dassey's case was much more compelling as it hinged solely on the confession which was obviously problematic. The proof is right there in the tape of the confession. It's great that it's finally been thrown out and I do hope there's a huge financial price tag for the gross injustice he's suffered to help insure it doesn't happen again.

Avery's case on the other hand is quite difference. The DA had a mound of evidence against him and while there is room to pick at the strength of any individual piece there isn't enough on the surface to overturn a conviction. There's nothing that suggests, overtly, that his rights were violated as Dassey's were so there's little chance he will get the type of reversal his nephew did. It's still going to take something extraordinary to get Steve Avery out of prison.

You're correct - if Avery is to get the conviction overturned or a new trial it will require a bit more.