PUBLISHER'S NOTE:This Blog is interested in false confessions because of the disturbing number
of exonerations in the USA, Canada
and multiple other jurisdictions throughout the world, where, in the absence of
incriminating forensic evidence the conviction is based on self-incrimination –
and because of the growing body of
scientific research showing how vulnerable suspects (especially
juveniles) are to widely used interrogation methods such as the notorious ‘Reid Technique.’
"In a hearing that could determine whether Brendan Dassey, one of the two men convicted in the case depicted in the “Making a Murderer” documentary,
goes free, the chief judge of the U.S. Seventh Circuit Court of Appeals
and one her colleagues repeatedly made statements indicating that they
question whether Dassey's confession was voluntary. At
the same time, two other judges, including former Wisconsin Supreme
Court Justice Diane Sykes, made remarks that were more favorable to the
State of Wisconsin, which is aiming to reinstate Dassey's conviction. Ultimately,
how the seven judges who participated in Tuesday's session will rule
won't be known until they issue a written decision. There is no
timetable for that. Dassey, who has a borderline
low IQ, was 16 when 25-year-old photographer Teresa Halbach was murdered
in 2005. Her charred remains were found outside the Manitowoc County
home of Dassey's uncle, Steven Avery. In 2007, juries in separate trials
found both men guilty. DNA evidence was pivotal in Avery's trial, but
Dassey was convicted primarily based on his confession. In
June, a three-member panel of the federal appeals court ruled that
Dassey's confession was involuntary, upholding the decision of a federal
magistrate in Milwaukee that Dassey's constitutional rights were
violated based on the way he had been interrogated. The magistrate's
decision overturned Dassey’s conviction, though Dassey has remained in prison during the appeals process. The full appeals court held Tuesday's hearing to review the three-judge panel's decision. Dassey, now 27, was not in court. The
chief appeals judge, Diane Wood, repeated a number of troubling things
about Dassey's confession, including being told by an investigator that
telling the truth would set him free. Judge Ann Williams recalled that
an investigator at one point told Dassey he was speaking to him as a
father. The two investigators 'made my skin crawl,' " Wood said..........In August 2016, William Duffin, the federal magistrate judge in Milwaukee,
concluded that investigators for the prosecution made “repeated false
promises” that, “when considered in conjunction with all relevant
factors, most especially Dassey’s age, intellectual deficits and the
absence of a supportive adult, rendered Dassey’s confession
involuntary.” The questioning was marked by the two
investigators alternately telling Dassey they were on his side, and
pressing him to provide more details of the crime that they insisted
they already knew."
Harold
Levy: Publisher: The Charles Smith Blog.
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http://www.postcrescent.com/story/news/crime/2017/09/26/u-s-appeals-court-today-weigh-brendan-dassey-conviction-making-murderer-case/702392001/
PUBLISHER'S NOTE: I am monitoring this case/issue. Keep your eye on the Charles Smith Blog for reports on developments. The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at: http://www.thestar.com/topic/c
PUBLISHER'S NOTE: I am monitoring this case/issue. Keep your eye on the Charles Smith Blog for reports on developments. The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at: http://www.thestar.com/topic/c