Judge Overturns Conviction for 'Making a Murderer' Subject Brendan Dassey

A federal judge in Milwaukee has overturned the conviction of Brendan Dassey, the young man whose case was one of two documented in the Netflix series “Making a Murderer."

Judge William E. Duffin found that investigators repeatedly made false promises to Dassey, who was 16 years old and a slow learner, in extracting a confession, which Dassey's legal team had maintained was coerced. The judge found that confession was involuntary in a 91-page decision handed down Friday.

Judge Overturns Conviction for 'Making a Murderer' Subject Brendan Dassey

Well this is sure interesting! Many people here talked about Making A Murderer when it first came out on Netflix (like this thread which generated over 10 pages of discussion). Well it looks like the documentary helped to get Steve Avery's nephew off the hook for murder and he is now being released.

Dassey’s case was one of two followed in the popular “Making a Murderer” series, which depicts the story of Dassey’s uncle, Steven Avery. Dassey and Avery were sentenced to life for the 2005 murder of 25-year-old photographer Teresa Halbach.

Dassey's attorney, Steve Drizin with Northwestern University’s Center on Wrongful Convictions of Youth, confirmed the news Friday.

"I am just beyond excited," Drizin said. "I had to pick myself up off the floor."

Duffin ordered Dassey be set free unless the state initiates a retrial proceeding in 90 days.

Ok so they are saying that it's unlikely the documentary actually helped Dassey, but I do find that hard to believe.

Drizin said while “Making a Murderer” has put Dassey’s case in the national spotlight, he didn't believe it would have an impact on the judge’s decision. “I don’t think that the Netflix movie is going to influence a federal judge, but at the same time, judges are human beings and the Netflix film has created a context for Brendan’s case that didn’t exist at the time of his trial or his appeals,” he said.

So I guess the question now is... will the state initiate a retrial within the next 90 days? According to the source (and the documentary itself) Dassey was convicted SOLELY on his own confessions. Without the confessions, will they have a case?

I don't know if they'll do another trial or not.

Doesn't make the fact that the people involved with this story are a strange lot. They're like the Texas Chain Saw Massacre family in a way.

Boogeymen.

originally posted by: Cigarettes
I don't know if they'll do another trial or not.

Doesn't make the fact that the people involved with this story are a strange lot. They're like the Texas Chain Saw Massacre family in a way.

Boogeymen.

Couldn't agree more, the part where he is distraught over missing Wrestlemania comes to mind.

But I won't lie, the way the officials handled the investigation almost made my blood boil.

My Gods his case better have been thrown out...cannot believe they could say the documentary didn't help! All the people including law enforcement are scary in this story! That kid Brendan obviously not mentally capable and his confession was coerced beyond belief. Almost hard to believe that show is even real...

I'm really pleased. The way this was handled was truly appalling and should perhaps give hope to Steven Avery too

One thing puzzles me though, how can he be tried again for the same crime? Is it not a case of can't be tried for the same crime twice?

Wonderful news. However it seems he still has 90 days and you can bet your ass the department will push the DA there to appeal the judges decision.

a reply to: charolais

Well it looks like the documentary helped to get Steve Avery's nephew off the hook for murder and he is now being released.

No, the documentary shined light on a insanely corrupt Sheriff's office and other public offices in that county. That alone, raised the issue, which brought in the best legal minds in the country to point out the ridiculous fraud and corruption that was used to put those 2 away.

originally posted by: charolais
So I guess the question now is... will the state initiate a retrial within the next 90 days? According to the source (and the documentary itself) Dassey was convicted SOLELY on his own confessions. Without the confessions, will they have a case?

There were no "confessions", there were only False Confessions.. You need to first understand law, the system, the Reid Technique, and how they approached this kid to realize he never confessed anything.

His first confessions had no verifiable facts in them. He was 'interviewed' 4 times in 72 hours, and by the final one, he was saying exactly what they wanted him, and coerced him to say.

His original statements were way off the mark, all physical impossible accounts, nothing verified by evidence or corroborated by any real weird records.

There is a long history with the people in this case. The two police officers that "found" every piece of evidence in this case, managed to do it after it had already been searched by other officers. Or they directed officers to go back to areas that were already searched. Lo & Behold, each time evidence was found it was long after all regular searching had been done and at opportune times (if it were planted.)

Not a single piece of evidence in the case had any reliability or was free from contamination, or the air of corruption.

The two cops that were responsible for all the evidence finds, were also being deposed in his civil trial against the county. One was even friend's with Avery's brother's wife, who had a long held grudge against him. Brendan got roped in because he was an alibi for Avery.

There are so many signs of corruption and foul play in this case it's not funny. Sherry Culhane, assigned herself to the case. She was a prosecution witness in his original case, and responsible for Avery spending an extra year in jail because she delayed the test that exonerated him.

The Manitowoc Sheriff, and the Pagel, the joint county Sheriff, both have family ties and histories with the Sheriff responsible for the original false case against Avery. There is also the fact that Sherif's Office was actually covering up a serial rapist & murderer and investigating Avery for each of his cases, decades ago.

There's much more to it though....the documentary doesn't even come close to getting near the truth of the case.

a reply to: boncho

Could have gone either way, IMO. I thought he was covering up to start, if not outright lying.

I do see where you're coming from, but it's awfully hard to say I can agree with you definitively.

If you want to go deep down the rabbit hole:


Timelines established in the case by reddit user Angieb15

Current subreddit used for investigating the case - (the first one was shutdown when all the content contributors were banned, they then opened up a new one which drew 5000 people)

Was the truck itself planted or staged/VIN Cloned?

Police change official timelines as contradictory info is "leaked" to the media (same media that gets all gov scoops)

emails between the prosecutor on the Avery case & the DOJ while he was investigated for sex crimes.

Timeline of the all the evidence found or directed by two MTSO officers with a conflict of interest.

Coroner blocked from scene during the investigation under claimed conflict of interest, while multiple real conflicts of interest exist. (The coroner refused to cover up a previous incident for the same Sheriff's Office in the past - real reason)

Article = Case tainted experts say

Article = Every piece of evidence marred by conflict of interest.

Article = Crime scene photos missing from investigation.

This case is an atrocity. There's a much deeper rabbit hole that I could send people down, but Ill leave up the links I have as it should be enough to get anyone started if they really want to get into it, or if they feel the doc left them wondering, "but why?"

A hint of what is out there to find: The guy who did commit the crime Avery was originally jailed on, was habitual, and the cops were protecting him for some reason (numerous times). There were allegations from people (online & town rumours) that Kocerek (the original Sheriff) had been involved in another crime, resulting in the death of a local.

One of the cops he assigned to that case states it was "a case of his career" even though it went unsolved. The other guy on that case came out of retirement to work the Avery case. There's also a family name connection in the case that may link it to something much bigger, though it gets quietly dropped or swatted down anytime its been brought up. In short, the case stinks to high heaven and always has. Whether or not Avery did it Manitowoc and Calumet framed him for it.

a reply to: Cigarettes

I thought he was covering up to start, if not outright lying.

Keep in mind he'd already been framed once by the Sheriff's Office. Also his brother's ex-wife doesn't like him, and she is friends with one of the cops that "found" almost all the evidence. The Sheriff that framed him, at the time, his uncle worked in the dept., while they arrested him, he stated if he or anyone else let him use the phone they'd be fired. (violation of rights for inmate - corruption against officer).

Every bit of evidence is tainted in the case. The fact he'd been framed before, and there was bad blood means you can't really take anything they said at face value (when they were questioned by cops they knew were corrupt & expecting to frame them). These guys were kicked off their property for 8 days while a Sheriff's Office they know are shady (numerous cops who worked with or under the original Sheriff were still there) are mucking around with free range on the property. Even if he wasn't entirely honest, I think they were still less deceitful than the SO.

Brendan's has been proven to be a false confession, and has all the hallmarks, all his statements have no value at all. Realistically Avery should've said nothing either. But you can imagine what's going through his head if he's getting framed (again) and suspects it. Also, there was a leak that the statements given by family members which were damning were done so under pressure. They arrested Brendan's mom for cannabis residue right as it happened, but didn't charge her for 30 days. They threatened and pressured the ex. The most damning stuff came from Avery's brother's ex-wife (who was friends with Colborn), and her kids, who were obviously influenced by the mother.

Still, the cops statements, their evidence, the lack of photographs, the missing chain of custody, etc, etc, etc --that is the most pressing concern. Even if Avery is guilty they framed him, and police are not supposed to have free range to act the way they did. They blatantly manipulated evidence and created multiple fabrications. Not all of it has been proven, much of it is obvious. Some is suspected. But it's really bad.

Nobody's confession should ever be coerced (should always be thrown out if so). But to use coercion on someone with mental handicaps is just wrong.

Kudos to the judge with the sense of mind to do this.

It has been awhile since I watched the documentary and I couldn't believe he was convicted.

The thing that stuck out to me most was Steven Avery was suing several people involved with his original conviction. Like 30 million or something and was going to win. The doc. mentioned that because the sheriff, prosecutor and others had broken the law No insurance was going to cover any settlement awarded. They would all be ruined and broke and possibly tried themselves.

All the cop shows/murder mysteries I have watched they usually start with the question"who was going to profit from this murder?" The new young wife set to inherit the deceased 30 million dollar fortune? she'd be a suspect.... The bad son who just put a 30 million dollar life insurance policy on the deceased, he would be a suspect....

So while the sheriff and prosecutor and the others may not have stood to gain 30 million dollars, putting Avery away certainly saved them 30 million or whatever amount he was seeking.

The police were probably involved and set him up and destroyed his life for the crimes. I want all the corruption to end and massive healing, abundance restored to all the people, especially the victims.

a reply to: PhyllidaDavenport

Double jeopardy, is by definition, a clause in the Fifth Amendment that guarantees that no person can be tried again for the same crime. If Dassey is released without the state retrying him, they can however retry him at a later time, according to Govin. "If they make that decision, they can still retry him in the future because theres no statue of limitations on First Degree Homicide Murder in the state of Wisconsin."

www.romper.com...

If they cant use Dassey's statement then there's no evidence to for retrial anyways unless the state finds new evidence.

Meanwhile the murder(s) roam free.

Quite the conspiracy.

Quite the conspiracy, indeed!

I'm happy for Dassey and hopeful for Avery.

Hooray Justice!

originally posted by: six67seven
Meanwhile the murder(s) roam free.

Quite the conspiracy.

Quite the conspiracy, indeed!

I'm happy for Dassey and hopeful for Avery.

Hooray Justice!

It'd be an easier murder to solve if The State wasn't full of masons. The Kohler Riverbend Estate is all you need to know.

SPAM removed by admin