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  1. #16
    Join Date
    Jul 2008
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    Berkshires, MA
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    1,632

    No evidence for a re-trial

    Thanks for posting. I doubt they will re-try him. As the court noted the confession was the primary evidence for all three counts.

    The confession is out-involuntary and unconstitutional. Without that, they really have nothing.

    Definitive excerpts:

    But when assessed collectively and cumulatively, as voluntariness must be assessed, it is clear how the investigators’ actions amounted to deceptive interrogation tactics that overbore Dassey’s free will....

    Especially when the investigators’ promises, assurances, and threats of negative consequences are assessed in conjunction with Dassey’s age, intellectual deficits, lack of experience in dealing with the police, the absence of a parent, and other relevant personal characteristics, the free will of a reasonable person in Dassey’s position would have been overborne. Once considered in this proper light, the conclusion that Dassey’s statement was involuntary under the totality of the circumstances is not one about which “fairminded jurists could disagree.” See Richter, 562 U.S. at 101 (quoting Yarborough v. Alvarado, 541 U.S. 652, 664 (2004)). Consequently, the court finds that the confession Dassey gave to the police on March 1, 2006 was so clearly involuntary in a constitutional sense that the court of appeals’ decision to the contrary was an unreasonable application of clearly established federal law....this case represents the sort of “extreme malfunction[] in the state criminal justice system[]” that federal habeas corpus relief exists to correct.

    Having thoroughly reviewed the trial transcript, the court has no difficulty concluding that the admission of Dassey’s confession was not a harmless error. Dassey’s confession was, as a practical matter, the entirety of the case against him on each of the three counts.
    I was always appalled at the tactics of the investigators and even more so by the actions of the lawyer who was dismissed and his investigator. I think the court here made the right call on the constitutional issue. And the state will hopefully accept this decision and not file to retry to keep him in prison. I don't see any way they could do so in good faith since the entirety oft heir case was the confession.



    BOYTWNMOM
    Three things cannot long be hidden the sun, the moon, and the truth. -Confucious

  2. #17
    Join Date
    Aug 2008
    Location
    SK, Canada
    Posts
    3,943
    Thanks boytwnmom

    I can't think of a single piece of evidence they had against Brendan, other than his "confession". Not even planted DNA lol

  3. #18
    Join Date
    Jan 2016
    Location
    Australia
    Posts
    141
    Just heard the good news!!

    SA next.

  4. #19
    Join Date
    Oct 2011
    Posts
    498
    Quote Originally Posted by missy1974 View Post
    It could help SA. I have always thought that one of the reasons they went after Brendan in the first place was because he was with SA that night... with him NOT killing TH. If they can't use his confessions, could he be used as a witness now for SA?
    In the event Avery is granted a retrial, yes. But this will not help with his appeal.

  5. #20
    Join Date
    Sep 2009
    Location
    L.I., NY
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    6,504
    Quote Originally Posted by CoolJ View Post
    Oh 100% it will help Avery. The corruption is coming to light. The truth always shines through in the end!
    Yup corruption is coming to light! I hope they are ALL @@@tting in their pants!
    The World Has Gone Mad.

  6. #21
    Join Date
    Aug 2016
    Location
    France
    Posts
    220

    Brendan Dasey's conviction is overturned

    Fresh article from The New York Times : http://mobile.nytimes.com/2016/08/13....co/w83aIYQhq2

  7. #22
    Join Date
    Sep 2011
    Posts
    622
    I am so happy for Brendan and also his mother. As a mom myself, her story in the documentary really touched me.

  8. #23
    Join Date
    Aug 2012
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    3,388
    Quote Originally Posted by trigger View Post
    Yup corruption is coming to light! I hope they are ALL @@@tting in their pants!
    What I would like to see is those two crooks who hide behind the badge, Fassbender & Wiegert, thrown in the clink for a long time. And put them in general pop. with the other like minded crooks.

    Disgusting individuals.

  9. #24
    Join Date
    Aug 2016
    Location
    France
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    220
    What's the difference between habeas corpus granted and overturned conviction ?

  10. #25
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    Aug 2008
    Location
    SK, Canada
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    Quote Originally Posted by CoolJ View Post
    What I would like to see is those two crooks who hide behind the badge, Fassbender & Wiegert, thrown in the clink for a long time. And put them in general pop. with the other like minded crooks.

    Disgusting individuals.
    Only if Kratz gets to be their roommate!!!! To think... that press conference was based 100% on Brendan's coerced confession, now that is disgusting.

    The narrative Kratz and LE gave to TH's family based on Brendan's coerced confession, that is even more disgusting.


  11. #26
    Join Date
    Oct 2011
    Location
    Texas USA
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    12,830
    Quote Originally Posted by CoolJ View Post
    What I would like to see is those two crooks who hide behind the badge, Fassbender & Wiegert, thrown in the clink for a long time. And put them in general pop. with the other like minded crooks.

    Disgusting individuals.
    Right ! Will any of the guilty members of LE or the DA's office face charges ?

  12. #27
    Join Date
    Aug 2012
    Posts
    3,388
    Quote Originally Posted by missy1974 View Post
    Only if Kratz gets to be their roommat!!!! To think... that press conference was based 100% on Brendan's coerced confession, now that is disgusting.

    The narrative Kratz and LE gave to TH's family based on Brendan's coerced confession, that is even more disgusting.
    Kratz is a different story altogether. I put him up there with the most vile human beings on the planet. The pedophiles, the mass murderers and the like. He seems mentally ill. Don't believe one word that comes out of his mouth. He is the baddest of the bad. He will do anything to anyone to serve his own agenda and sexually deviant mind. JMO

  13. #28
    Join Date
    Sep 2009
    Location
    L.I., NY
    Posts
    6,504
    Poor Brendan...In 2013 A State of Appeals Court rejected Brendan's request for a new trial, so it had to go to Federal Court.

    Let him out!


    A state appeals court has rejected Brendan Dassey's request for a new trial on charges that he helped kill a young woman in 2005 in one of Wisconsin's most notorious crimes.
    The World Has Gone Mad.

  14. #29
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    Aug 2008
    Location
    SK, Canada
    Posts
    3,943

  15. #30
    Join Date
    Aug 2016
    Location
    France
    Posts
    220

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