"Brendan Dassey's conviction in the death of Teresa Halbach has been overturned. Dassey, Steven Avery's nephew, was sentenced to life in
prison with no parole for 41 years after he was convicted in 2007 of
first-degree intentional homicide, second-degree sexual assault, and
mutilation of a corpse in the killing of Halbach in Manitowoc County. Read the court ruling. The
federal ruling says the state has 90 days to appeal the federal order
or Dassey, now 26, must be released from prison. He is being held at
Columbia Correctional Institution. Dassey confessed to helping
Avery carry out the rape and murder of Halbach, but attorneys argued
that the confession was coerced. U.S. Magistrate Judge William
Duffin said "misconduct" by Dassey's lawyer, Len Kachinsky, in defending
Dassey was "indefensible." The court ruled Dassey's confession
was "involuntary" and was based on "false promises" by interrogators,
"Dassey's age and intellectual deficits." Dassey was 16 when Halbach was
killed in 2005. In the end, Duffin maintained it was the unconstitutional questioning of Dassey that made his conviction invalid. Duffin concluded the state appeals court made a mistake in denying Dassey's appeal. Avery remains convicted of murder, but continues to appeal that conviction.Avery's new attorney told WISN 12 News on Friday afternoon that she is thrilled Dassey's conviction has been overturned. "We
fully expected this outcome from an unbiased court that carefully
examined his confession. I was just visiting Steven Avery, and he is so
happy for Brendan. We know when an unbiased court reviews all of the new
evidence we have, Steven will have his conviction overturned as well,"
Kathleen Zellner said.........The case was recently brought into the spotlight in the documentary, "Making a Murderer."
http://www.wisn.com/news/brendan-dasseys-conviction-overturned/41178138
See Wikipedia report at the link below: "Interrogation: In the absence of an attorney,[9] Dassey was interrogated on four occasions over a 48-hour period, including three times in a 24-hour time frame with no legal representation, parent or other adult present. Initially interviewed on November 6 at the family cabin in Crivitz, Dassey was interrogated via the Reid technique.[16] His constitutional right to a competent legal defense forms the basis of his petition for a writ of habeas corpus, now pending in the United States District Court for the Eastern District of Wisconsin.[17] Dassey recanted his confession and informed his defense counsel. The Netflix series Making a Murderer, which chronicles the trials of Dassey and Avery, has created global dialogue centered around wrongful convictions, coerced confessions, interrogation of minors, and criminal justice reform.[18] Dassey's right to effective counsel is addressed in the habeas corpus petition written by Laura Nirider as follows: Petitioner Brendan Dassey is in custody pursuant to a state-court judgment of conviction. His conviction, sentence, and confinement are unlawful and were unconstitutionally obtained in violation of his Fifth, Sixth, and Fourteenth Amendment rights. In particular, this federal habeas petition asserts two claims. The first claim asserts that Brendan Dassey’s Sixth Amendment right to the effective assistance of counsel was violated when his pre-trial attorney breached his duty of loyalty by working with the prosecution to secure Brendan’s conviction. The second claim asserts that Brendan’s Fifth and Fourteenth Amendment rights to due process were violated by the admission of his involuntary confession.[19] Magistrate Judge William Duffin of the U.S. District Court in Milwaukee overturned Brendan Dassey's conviction on August 12th 2016 and has rendered Dassey’s confession involuntary under the Fifth and Fourteenth Amendments.[20] Reid technique: Developed to permit and encourage law enforcement officers to use tactics that pressure suspects to confess, the Reid technique isolates individuals from family in small interrogation rooms where they are repeatedly accused of committing a crime.[21] According to Tom Geraghty (NITA Trustee), when the technique is used against vulnerable suspects whose youth and cognitive disabilities make them an easy target, it will result in a false confession.[22] Dassey was clinically evaluated as being highly suggestible,[23] which makes a suspect more compliant and ultimately leads to improper interrogation outcomes. Trial; Dassey's initial lawyer was removed by the court on August 26, 2006,[4][6] and replaced with two public defenders. Dassey trial began on April 16, 2007, with a jury from Dane County, Wisconsin.[24][25] The trial lasted nine days, with a verdict delivered on April 25, 2007.
The jury deliberated for four hours, finding Dassey guilty of first-degree intentional homicide, second-degree sexual assault, and mutilation of a corpse.[26] Dassey was tried and sentenced as an adult; his age and intellectual limitations were not a factor in this process.[27] Dassey, at the age of 17 years and 6 months, was sentenced to life in prison with eligibility for parole in 2048. Dassey is incarcerated at the Columbia Correctional Institution in Portage, Wisconsin.[28]........."Public response The release of Making a Murderer in December 2015 has been met with significant media attention, as well as discussion regarding the prosecution of criminal cases.[31] Due to the unprecedented response to the Netflix docu-series, Making a Murderer 2 is now in production, focusing on the post-conviction process for Dassey and his family[32] Because of the nature of Dassey's interrogations, there have been calls for the exoneration of Dassey with petitions for his freedom and the implementation of the "Juvenile Interrogation Protection Law in Wisconsin", which would prohibit police from questioning minors without a lawyer present.[33] The United States Supreme Court describes a custodial interrogation as an interrogation where: "a reasonable person would have felt he or she was not at liberty to terminate the interrogation and leave." Even if a minor has the legal right to get up and walk out, the vast majority of minors would have no idea that they had that option. Therefore, it is reasonable to view any interrogation of a minor as a custodial interrogation. For these reasons the, "Juvenile Interrogation Protection Law in Wisconsin" should impose the following safeguards: Require that an attorney be present during any custodial interrogation of a minor. This should be viewed as a nonwaivable right. Require law enforcement to inform a minor before an interrogation begins that he or she could be charged as an adult based on information obtained during an interrogation. Wisconsin law currently falls short, as it only requires law enforcement to immediately attempt to notify the child’s parent or guardian.[34] Petitions were submitted for the investigation of the police officers who interrogated him, in December 2015[35] and January 2016, on the federal government's We The People website.[36] Rallies in support of the exoneration of Dassey were held in the United States,[37] London[38] Manchester, Melbourne, Sydney and Perth.[37] Supporters have been communicating with him via letters, and contributing to his prison commissary.[39]"
https://en.wikipedia.org/wiki/Brendan_Dassey
http://www.wisn.com/news/brendan-dasseys-conviction-overturned/41178138
See Wikipedia report at the link below: "Interrogation: In the absence of an attorney,[9] Dassey was interrogated on four occasions over a 48-hour period, including three times in a 24-hour time frame with no legal representation, parent or other adult present. Initially interviewed on November 6 at the family cabin in Crivitz, Dassey was interrogated via the Reid technique.[16] His constitutional right to a competent legal defense forms the basis of his petition for a writ of habeas corpus, now pending in the United States District Court for the Eastern District of Wisconsin.[17] Dassey recanted his confession and informed his defense counsel. The Netflix series Making a Murderer, which chronicles the trials of Dassey and Avery, has created global dialogue centered around wrongful convictions, coerced confessions, interrogation of minors, and criminal justice reform.[18] Dassey's right to effective counsel is addressed in the habeas corpus petition written by Laura Nirider as follows: Petitioner Brendan Dassey is in custody pursuant to a state-court judgment of conviction. His conviction, sentence, and confinement are unlawful and were unconstitutionally obtained in violation of his Fifth, Sixth, and Fourteenth Amendment rights. In particular, this federal habeas petition asserts two claims. The first claim asserts that Brendan Dassey’s Sixth Amendment right to the effective assistance of counsel was violated when his pre-trial attorney breached his duty of loyalty by working with the prosecution to secure Brendan’s conviction. The second claim asserts that Brendan’s Fifth and Fourteenth Amendment rights to due process were violated by the admission of his involuntary confession.[19] Magistrate Judge William Duffin of the U.S. District Court in Milwaukee overturned Brendan Dassey's conviction on August 12th 2016 and has rendered Dassey’s confession involuntary under the Fifth and Fourteenth Amendments.[20] Reid technique: Developed to permit and encourage law enforcement officers to use tactics that pressure suspects to confess, the Reid technique isolates individuals from family in small interrogation rooms where they are repeatedly accused of committing a crime.[21] According to Tom Geraghty (NITA Trustee), when the technique is used against vulnerable suspects whose youth and cognitive disabilities make them an easy target, it will result in a false confession.[22] Dassey was clinically evaluated as being highly suggestible,[23] which makes a suspect more compliant and ultimately leads to improper interrogation outcomes. Trial; Dassey's initial lawyer was removed by the court on August 26, 2006,[4][6] and replaced with two public defenders. Dassey trial began on April 16, 2007, with a jury from Dane County, Wisconsin.[24][25] The trial lasted nine days, with a verdict delivered on April 25, 2007.
The jury deliberated for four hours, finding Dassey guilty of first-degree intentional homicide, second-degree sexual assault, and mutilation of a corpse.[26] Dassey was tried and sentenced as an adult; his age and intellectual limitations were not a factor in this process.[27] Dassey, at the age of 17 years and 6 months, was sentenced to life in prison with eligibility for parole in 2048. Dassey is incarcerated at the Columbia Correctional Institution in Portage, Wisconsin.[28]........."Public response The release of Making a Murderer in December 2015 has been met with significant media attention, as well as discussion regarding the prosecution of criminal cases.[31] Due to the unprecedented response to the Netflix docu-series, Making a Murderer 2 is now in production, focusing on the post-conviction process for Dassey and his family[32] Because of the nature of Dassey's interrogations, there have been calls for the exoneration of Dassey with petitions for his freedom and the implementation of the "Juvenile Interrogation Protection Law in Wisconsin", which would prohibit police from questioning minors without a lawyer present.[33] The United States Supreme Court describes a custodial interrogation as an interrogation where: "a reasonable person would have felt he or she was not at liberty to terminate the interrogation and leave." Even if a minor has the legal right to get up and walk out, the vast majority of minors would have no idea that they had that option. Therefore, it is reasonable to view any interrogation of a minor as a custodial interrogation. For these reasons the, "Juvenile Interrogation Protection Law in Wisconsin" should impose the following safeguards: Require that an attorney be present during any custodial interrogation of a minor. This should be viewed as a nonwaivable right. Require law enforcement to inform a minor before an interrogation begins that he or she could be charged as an adult based on information obtained during an interrogation. Wisconsin law currently falls short, as it only requires law enforcement to immediately attempt to notify the child’s parent or guardian.[34] Petitions were submitted for the investigation of the police officers who interrogated him, in December 2015[35] and January 2016, on the federal government's We The People website.[36] Rallies in support of the exoneration of Dassey were held in the United States,[37] London[38] Manchester, Melbourne, Sydney and Perth.[37] Supporters have been communicating with him via letters, and contributing to his prison commissary.[39]"
https://en.wikipedia.org/wiki/Brendan_Dassey
