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  1. #46
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    statement from Brendan's lawyers.
    http://www.law.northwestern.edu/abou...lay.cfm?ID=822


    We look forward to taking the appropriate next steps to secure Brendan’s release from prison as soon as possible and are thrilled for him.

    Sounds like they may request his release before the 90 days?

  2. #47
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    Quote Originally Posted by missy1974 View Post
    statement from Brendan's lawyers.
    http://www.law.northwestern.edu/abou...lay.cfm?ID=822


    We look forward to taking the appropriate next steps to secure Brendan’s release from prison as soon as possible and are thrilled for him.

    Sounds like they may request his release before the 90 days?
    Let's say the state appeals, his attorneys could ask that he be released on bond while the appeal is pending. They could do the same thing if the state instead said they intend on retrying him. But, I'm not sure how many judges would release him given the severity of the crime. On the other hand, he, unlike Avery, had no criminal history and even if guilty, but for his uncle, he wouldn't have committed such a horrible crime.

  3. #48
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    Quote Originally Posted by missy1974 View Post
    statement from Brendan's lawyers.
    http://www.law.northwestern.edu/abou...lay.cfm?ID=822


    We look forward to taking the appropriate next steps to secure Brendan’s release from prison as soon as possible and are thrilled for him.

    Sounds like they may request his release before the 90 days?
    It is curious and I guess the ' slow wheels of justice' or some such nonsense because I don't see how they can hold him one day POST overturned conviction. Currently if his conviction is overturned, ( if im understaning it correctly ) he is an innocent man right now. Once overturned, they should release them ASAP because how are they holding him legally as a man who's never been convicted of any crime? Legal eagles, please explain. TIA

  4. #49
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    Quote Originally Posted by SCHMAE View Post
    It is curious and I guess the ' slow wheels of justice' or some such nonsense because I don't see how they can hold him one day POST overturned conviction. Currently if his conviction is overturned, ( if im understaning it correctly ) he is an innocent man right now. Once overturned, they should release them ASAP because how are they holding him legally as a man who's never been convicted of any crime? Legal eagles, please explain. TIA
    Given that most convictions are overturned on legal technicalities vs having proven actual innocence, the state is given time to decide if they are going to retry the person. This puts Dassey back to where he was right before the jury declared him guilty - he was in custody at that point as he was, and still is, charged with a crime. Had the judge felt he had proven that he was innocent he could have ordered him immediately released and said he could not be retried. That almost never happens.

    Imagine this wasn't someone you believe is innocent but instead someone like (insert name of someone everyone agrees is guilty of a horrible crime) having his conviction being overturned over an issue like press access to the trial. Would you want that person immediate released?

  5. #50
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    Quote Originally Posted by missy1974 View Post
    statement from Brendan's lawyers.
    http://www.law.northwestern.edu/abou...lay.cfm?ID=822


    We look forward to taking the appropriate next steps to secure Brendan’s release from prison as soon as possible and are thrilled for him.

    Sounds like they may request his release before the 90 days?
    That's what I was thinking. I look for his attorneys to request he be released on bond pending a decision from the state. If they plan on it we should hear about on Monday.

  6. #51
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    Quote Originally Posted by Itsmevkb View Post
    Given that most convictions are overturned on legal technicalities vs having proven actual innocence, the state is given time to decide if they are going to retry the person. This puts Dassey back to where he was right before the jury declared him guilty - he was in custody at that point as he was, and still is, charged with a crime. Had the judge felt he had proven that he was innocent he could have ordered him immediately released and said he could not be retried. That almost never happens.

    Imagine this wasn't someone you believe is innocent but instead someone like (insert name of someone everyone agrees is guilty of a horrible crime) having his conviction being overturned over an issue like press access to the trial. Would you want that person immediate released?
    The only difference with your hypothetical is that Dassey's conviction hasn't been overturned based on a technicality. It's been overturned because his confession was false. Considering that's the only evidence the state ever had against him there is zero reason to believe he is anything but innocent.

  7. #52
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    Quote Originally Posted by Sinsaint View Post
    Won't help Avery. Dassey's confession was not used against him during his trial.
    I didn't know that ~ missed that... thanks.

  8. #53
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    Quote Originally Posted by Damarna View Post
    Just watching Brendan's interrogation in the documentary made my heart hurt. I'm so so glad this is happening for him and pray the state will just let it go.

    Sent from my SM-N910V using Tapatalk
    I live in the state and I am very familiar with the area where this all went down. The state should let it go but I will be very surprised if they do. This is egg on their faces. Public outcry on Brendan's behalf might get some results but the people in authority in that area of the state are not going to take this defeat lightly. I think they will do anything they can get away with to further terrorize this young man; they do not like admitting they were wrong and that is the main reason I believe SA was railroaded. They took BD down only because they needed him to go down in order to succeed in their plan to get back at SA for making them look like the fools that they are when he was released after being wrongfully convicted of rape. People like this in positions of power are scarier than your average criminal.

    All JMO.

  9. #54
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    Quote Originally Posted by Itsmevkb View Post
    Given that most convictions are overturned on legal technicalities vs having proven actual innocence, the state is given time to decide if they are going to retry the person. This puts Dassey back to where he was right before the jury declared him guilty - he was in custody at that point as he was, and still is, charged with a crime. Had the judge felt he had proven that he was innocent he could have ordered him immediately released and said he could not be retried. That almost never happens.

    Imagine this wasn't someone you believe is innocent but instead someone like (insert name of someone everyone agrees is guilty of a horrible crime) having his conviction being overturned over an issue like press access to the trial. Would you want that person immediate released?
    BBM Excellent explanation. Thanks !

  10. #55
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    Quote Originally Posted by Sinsaint View Post
    The only difference with your hypothetical is that Dassey's conviction hasn't been overturned based on a technicality. It's been overturned because his confession was false. Considering that's the only evidence the state ever had against him there is zero reason to believe he is anything but innocent.
    Right now he's back to being presumed innocent but he still stands charged with murder. So, until either the charges are dropped or a judge grants him bond, he'll stay in prison. That's how it works for everyone charged with a crime.


  11. #56
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    Quote Originally Posted by Itsmevkb View Post
    Given that most convictions are overturned on legal technicalities vs having proven actual innocence, the state is given time to decide if they are going to retry the person. This puts Dassey back to where he was right before the jury declared him guilty - he was in custody at that point as he was, and still is, charged with a crime. Had the judge felt he had proven that he was innocent he could have ordered him immediately released and said he could not be retried. That almost never happens.

    Imagine this wasn't someone you believe is innocent but instead someone like (insert name of someone everyone agrees is guilty of a horrible crime) having his conviction being overturned over an issue like press access to the trial. Would you want that person immediate released?
    I have to disagree. This puts Dassey back to before he was coerced into confessing to a crime he did not commit. If they can't use the confessions, what do they have? this puts them back to Feb 26th 2006 and leaves them with absolutely ZERO evidence against the kid. A coerced confession is not a technicality IMO The kid should be at home watching wrestling IMO

    Now, just because a judge has ruled in his favour, the State does have the right to appeal, and I'm sure we will know in the coming weeks what their intention is. If they try to retry him.... they need evidence, which, without those confessions.... they have none, nadda, nothing.

    Equating this situation with someone that IS guilty beyond a doubt that got out on a technicality isn't really fair. The only reason why Brendan is in jail is because of those confessions (with no help from his first lawyer and his side kick).

    JMO and all.

  12. #57
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    Quote Originally Posted by Itsmevkb View Post
    Right now he's back to being presumed innocent but he still stands charged with murder. So, until either the charges are dropped or a judge grants him bond, he'll stay in prison. That's how it works for everyone charged with a crime.
    I'm fully aware of this as I stated above.

  13. #58
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    If the judge had felt that the state had no evidence at all then he could have ordered him released (stayed pending an appeal typically) and said that the state couldn't retry him. But, he left the door open so it'll be interesting to see what happens from here.

  14. #59
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    Quote Originally Posted by Giucy View Post
    What's the difference between habeas corpus granted and overturned conviction ?
    A writ of habeas corpus is a command upon the courts to 'produce the body'. Show your evidence. That writ was granted and the federal judge overturned Brendan's conviction, further ordering the state to retry within 90 days. Which is pretty unlikely.

  15. #60
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    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?
    Absolutely, this could help Avery!
    And IMO, it will.
    Tick tock...
    It's only a matter of time🙄

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