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 are to widely used
interrogation methods such as the notorious ‘Reid Technique.’
Harold Levy: Publisher; The Charles Smith Blog.
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PASSAGE OF THE DAY: "Marsha
Levick, deputy director and chief counsel of the Juvenile Law Center in
Philadelphia, is hopeful that the high court will hear Dassey’s case.
Her legal organization was one of six to file friend-of-the-court briefs
supporting Dassey’s request. “Anyone who watched
the interrogation unfold, it was stomach-turning,” said Levick, who
believes detectives coerced Dassey into saying what they wanted him to
say. “I think the documentary shows that in bright lights,” she said.
“It was all because of the availability of the videotape.”" Wisconsin
is among the states that require juvenile interrogations to be
recorded. In 2005, the Wisconsin Supreme Court issued that mandate to
law enforcement agencies. “It’s
a perfect example of why they need to record interrogations,” said
Daniel Medwed, a professor at Northeastern University in Boston. “The
video shows it was a flawed interrogation.” Medwed said the video
carries much more impact that a written transcript. “There’s
really no replacement for the video. Black and white on a transcript
wouldn’t deal with the body language that jumps out at you when you look
at the video,” he said."
STORY: "Dassey appeal: Videotaped confession emerges as key issue in U.S. Supreme Court petition," by reporter Andy Thompson, published by The Post Crescent (USA Today Network) on June 4 2018.
GIST: "There’s no middle ground when it comes to assessing the impact of
Brendan Dassey’s videotaped confession to the 2005 murder of Teresa
Halbach. Dassey’s lawyers and
supporters insist it shows the appalling behavior of investigators who
clearly took advantage of a then-16-year-old boy with limited
intellectual abilities. But prosecutors and those who strongly believe
in Dassey’s guilt say the video proves that he wasn’t intimidated or
coerced when he gave incriminating details about Halbach’s gruesome
death. Both Dassey and his uncle, Steven Avery, are
serving life sentences in Halbach's death and were featured in the
Netflix docu-series “Making a Murderer.” The videotaped interrogations could play a vital role in Dassey’s quest for the U.S. Supreme Court to hear his case. In
a brief filed on May 25, Dassey's attorneys stated: “Written arguments
alone … cannot adequately convey what transpired here; for that the
Court should review the video of Dassey’s interrogations. It can then
draw its own conclusions about whether the interrogators improperly
coerced a juvenile with significant intellectual and social limitations.
And having drawn its conclusions, the Court can in turn decide whether
the Wisconsin courts unreasonably applied this court’s precedent, thus
condemning Dassey to a life sentence.”The
Supreme Court will consider Dassey’s petition for review on June 14. Four justices must vote to grant the petition, or it will be denied. Marsha
Levick, deputy director and chief counsel of the Juvenile Law Center in
Philadelphia, is hopeful that the high court will hear Dassey’s case.
Her legal organization was one of six to file friend-of-the-court briefs
supporting Dassey’s request. “Anyone who watched
the interrogation unfold, it was stomach-turning,” said Levick, who
believes detectives coerced Dassey into saying what they wanted him to
say. “I think the documentary shows that in bright lights,” she said. “It was all because of the availability of the videotape.”" Wisconsin
is among the states that require juvenile interrogations to be
recorded. In 2005, the Wisconsin Supreme Court issued that mandate to
law enforcement agencies. “It’s
a perfect example of why they need to record interrogations,” said
Daniel Medwed, a professor at Northeastern University in Boston. “The
video shows it was a flawed interrogation.” Medwed said the video carries much more impact that a written transcript. “There’s
really no replacement for the video. Black and white on a transcript
wouldn’t deal with the body language that jumps out at you when you look
at the video,” he said. In August 2016, U.S.
Magistrate William Duffin of Milwaukee overturned Dassey's conviction
after finding his constitutional rights were violated because
investigators for the prosecution made false promises during multiple
interrogations. The U.S. Court of Appeals for the
Seventh Circuit, which reinstated Dassey’s conviction last December,
took a different view of the video. The majority
opinion of the Chicago-based court stated that the interview took place
in a “soft” room that was equipped for videotaping. During the
three-hour interview, Dassey was repeatedly offered food, drinks,
restroom breaks and opportunities to rest, it stated. In
addition, Dassey was never threatened or intimidated by detectives, and
he had no difficulties understanding questions, the opinion said. The
court reinstated the conviction on a 4-3 vote. But to Levick and others who say Dassey’s confession was involuntary, the message from the videotape is obvious. “I
think the Dassey case doesn’t really leave much doubt about the tactics
utilized by law enforcement,” Levick said. “There is universal outrage
in the way this statement was obtained from Brendan.”"
The entire story can be found at:
https://www.postcrescent.com/story/news/2018/06/04/brendan-dasseys-confession-key-focus-u-s-supreme-court-case/663874002/
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/charlessmith. Information on "The Charles Smith Blog Award"- and its nomination process - can be found at: http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html Please
send any comments or information on other cases and issues of interest
to the readers of this blog to: hlevy15@gmail.com. Harold Levy;
Publisher; The Charles Smith Blog.
