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  1. #61
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    Quote Originally Posted by missy1974 View Post
    I hope they let BD out too, but I have a feeling they won't and I am sure the State will wait until the 14th day to file for en banc... they will wait for the max time to everything at this point just to prolong the inevitable. They also have the option of retrying Brendan in 90 days... would love to see that criminal complaint without the confession now, it would be blank.

    Maybe the 7th Circuit will surprise us and let him out
    Yeah i guess we will just have to wait and see yet again. I wonder if the state does decide to retry BD will it have to go before a Grand Jury hearing to see if the State has enough to take it to another trial? Otherwise it would just be a waste of taxpayer money if they got nothing.
    *FREE LEONARD PELTIER*
    Justice for an innocent man.

  2. #62
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    I was wondering the same things, Karinna. Would they be able to get an indictment to re-charge Dassey, or would they not need one?

  3. #63
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    Quote Originally Posted by krkrjx View Post
    I was wondering the same things, Karinna. Would they be able to get an indictment to re-charge Dassey, or would they not need one?
    Yes i don't know either, but would imagine so if that's how legal proceedings work. And it wouldn't i imagine be a retrial of old evidence because i don't think they can use anything from before, aside from the fact there is nothing else except BD's coerced confession, but would have to come up with something new probably.
    Wish there was a lawyer who could explain it to us,
    *FREE LEONARD PELTIER*
    Justice for an innocent man.

  4. #64
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    Quote Originally Posted by BigCityAccountant View Post
    I ABSOLUTELY agree with you on that!!!!
    I agree with you both! The only thing that gives me pause is what if the lawyer were someone as unscrupulous as Len Kachinsky? I don't think he would have stopped the coerced confession even if he'd been sitting there in the same room. It was obvious who he thought his client really was, and it sure wasn't unlucky Brendan.

  5. #65
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    Apparently BD's lawyers will be filing a reply by 5pm today.

    Someone on reddit posted that this is now on the file:

    After telephonic consultation with the Clerk’ s Office for the Seventh Circuit, Petitioner-Appellee hereby informs the Court of his intention to file a reply in support of his motion to lift the stay of the district court’s order releasing petitioner on recognizance by Tuesday, June 27, 2017, at 5:00 p.m.


    I'm not sure where to go look and don't have the time to figure it out right now, will look later Have a great day everyone!

  6. #66
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    Quote Originally Posted by Karinna View Post
    Wasn't it determined that the 7th circuit demanded that BD be released from prison by 5pm. Monday? What will happen with that i wonder?
    I believe that 5 PM Monday was for the state to respond to the Motion to lift the stay. I believe that after that, the CoA would decide whether there was legal reason to keep Dassey in prison. For that, it seems to me the state would have had to provide proof of his danger to society if freed; from what I have read, they used the guilty verdict of the Wisconsin jury as their proof.

    But that verdict has been kicked to the curb by higher courts. I believe the CoA should rule that the state has not proven their case for keeping the stay in place.

    At some point, laws that are in place to protect us all must also be applied to Brendan Dassey. He has been ordered released; state can choose to retry but in the meantime he is once again "innocent until proven guilty."

    I am waiting to hear some great news today.

  7. #67
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    *FREE LEONARD PELTIER*
    Justice for an innocent man.

  8. #68
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    Quote Originally Posted by IDK View Post
    I agree with you both! The only thing that gives me pause is what if the lawyer were someone as unscrupulous as Len Kachinsky? I don't think he would have stopped the coerced confession even if he'd been sitting there in the same room. It was obvious who he thought his client really was, and it sure wasn't unlucky Brendan.
    I think they need some kind of commission to investigate corruption in the state of Wisconsin after this fiasco. And god knows what else they would uncover as well.
    *FREE LEONARD PELTIER*
    Justice for an innocent man.

  9. #69
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    I think it is extremely unfair and should be illegal for one side to go judge shopping. They want to take the same rhetoric to one judge after another until they get a ruling they like.

    Reminds me of drug abusers who doctor shop...

  10. #70
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    Response to State filed today:

    https://drive.google.com/file/d/0B-A...1ZaUw3cWs/view



    This Courtís majority decision amounted to a straightforward, fact-specific application of

    settled law
    to largely undisputed facts captured on videotape. It was appropriately based on the

    state courtís unreasonable failure to apply long-held, clearly established U.S. Supreme Court law

    requiring special caution when evaluating juvenile confessions, as well as its unreasonable

    factual errors.


    BBM above. THIS is why I don't think the en banc hearing will be granted, or the Supreme Court will hear it. They applied existing laws. JMO


    At the end of the response:

    To date, Brendan Dassey has spent 4,137 days in prison in violation of the Constitution of the United States. He respectfully asks this Court to lift its stay and issue such orders as are necessary to facilitate his immediate release.


  11. #71
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    I am beginning to fear for his safety after (or before?) he is released. I don't like thinking that way but holey moley look at all that has gone down!

  12. #72
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    Quote Originally Posted by Karinna View Post
    I think they need some kind of commission to investigate corruption in the state of Wisconsin after this fiasco. And god knows what else they would uncover as well.

  13. #73
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    They've denied Brendan's request to lift the Stay.

    https://drive.google.com/file/d/0B-A...IwQTFWQjQ/view


    Pedant here, please share your sources. TIA

  14. #74
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    Quote Originally Posted by BigCityAccountant View Post
    They've denied Brendan's request to lift the Stay.

    https://drive.google.com/file/d/0B-A...IwQTFWQjQ/view


    Okay so it looks like the 7th. circuit is waiting for the state to see if they file for en banc within 14 days, and then the 7th circuit will have to respond to that within 14 days, so another month if the state files en banc? And then there will be that determination made if it qualifies for en banc or gets denied.
    If it gets denied to be heard en banc then the state will try at SCOTUS i would imagine, if they are going to exhaust all avenues?
    It might still be a while i think.
    *FREE LEONARD PELTIER*
    Justice for an innocent man.

  15. #75
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    The state has until July 5th. to file petition to ask for full 7th. circuit court for a rehearing, (en banc), according to JB's tweet.
    *FREE LEONARD PELTIER*
    Justice for an innocent man.

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