UPDATE 2017: On August 12, 2016, Brendan Dassey's 2007 conviction was overturned by federal judge William E. Duffin. The State of Wisconsin appealed the decision. In June 2017, a three-judge panel for the U.S. Court of Appeals agreed 2-to-1 with Duffin's 2016 ruling. The State of Wisconsin appealed the decision. On December 8, 2017, the full seven-judge panel of the U.S. Court of Appeals for the Seventh Circuit ruled by a vote of 4-to-3 that Brendan's confession had not been coerced by police investigators, reversing the panel's decision.Why are youth susceptible to false confessions? @NPR Illinois investigates in podcast: http://t.co/LMulLUXjpO pic.twitter.com/QWJiJXqp1c— Innocence Project (@innocence) October 18, 2015
U.S. Magistrate Judge William E. Duffin granted Dassey a writ of habeas corpus, arguing that investigators had coerced him into confessing to killing Halbach alongside Steven Avery, his uncle. The judge’s decision ordered Dassey to be released within 90 days unless prosecutors choose to file an appeal.
Duffin wrote that investigators offered the teen false promises that "he had nothing to worry about" while interrogating him without a parent present about the slaying of Teresa Halbach.It's TRUE. Federal court granted the writ. Brendan Dassey must be released or be brought to trial within 90 days.— Steven A Drizin (@SDrizin) August 12, 2016
"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 under the Fifth and Fourteenth Amendments," Duffin wrote.The decision noted that the confession comprised "the entirety of the case against him on each of... three counts."
A month later, on September 9th, Wisconsin Attorney General Brad Schimel filed an appeal of the judge’s decision in Wisconsin federal court, arguing that Dassey’s confession was not, in fact, coerced. Schimel also stated that the Halbach family had been notified of the state's appeal and fully supports its decision.Goosebumps & tears !!!!! Brendan is coming home !!!! pic.twitter.com/uZuk0dcAxN— Pam Carmilcalbrew (@PJBrew2) August 12, 2016
“We believe the magistrate judge’s decision that Brendan Dassey’s confession was coerced by investigators, and that no reasonable court could have concluded otherwise, is wrong on the facts and wrong on the law,” Schimel wrote in a news release. “Two state courts carefully examined the evidence and properly concluded that Brendan Dassey’s confession to sexually assaulting and murdering Teresa Halbach with his uncle, Steven Avery, was voluntary, and the investigators did not use constitutionally impermissible tactics.”
The Wisc AG has only one moral, just and righteous decision to make for BD: Let him go --it is over.#MakingAMurderer— Kathleen Zellner (@ZellnerLaw) September 2, 2016
Dassey was the object of an exoneration campaign long before the December 2015 Netflix release of the docu-series, Making A Murderer. A Northwestern professor who has served as one of Dassey’s lawyers told a local NBC affiliate that he and his team investigated the case for a full two years before filing an appeal in 2010, then a habeas corpus petition in 2014. Still, it seems no coincidence that the crusade found success only after Making a Murderer hit Netflix and almost immediately renewed public interest in the case—much as convicted murderer Adnan Syed was granted a new trial this past June, two years after Sarah Koenig’s Serial podcast made him a household name.Predictable AG decision. No elected Wisconsin official ever chooses justice over politics. Truth will prevail in the end. #FreeBrendanDassey— Jerome Buting (@JButing) September 9, 2016
Brandon's lawyers argued that their client, who was only 16 at the time (he's 26 now), was coerced to confess a crime he didn't commit when he was questioned by the Manitowoc County Police Department without a lawyer present.
At the time the conviction was overturned, Brandon's lawyer said that his family "is grateful, in shock, trying to process this."
"This is right, this is justice," Dassey's lawyer, Laura Nirider, told ABC News on Friday. "We are over the moon. We were notified by email and I read this decision on my phone … 91 pages, unbelievable."Making a Murderer filmmakers Moira Demos and Laura Ricciardi also reacted in a statement:
"Today there was a major development for the subjects in our story and this recent news shows the criminal justice system at work," they said. "As we have done for the past 10 years, we will continue to document the story as it unfolds, and follow it wherever it may lead."
Milwaukee Journal Sentinel
reporter John Diedrich tweeted that the judge cited Dassey's age,
intellectual deficits, and the absence of supportive adult as to what
rendered his confession involuntary.
"The investigators repeatedly claimed to already know what happened on October 31 and assured Dassey that he had nothing to worry about," Judge William E. Duffin wrote in a 91-page court order, according to The New York Times. "These repeated false promises, 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 under the Fifth and Fourteenth Amendments."
Via WBAY-TV:Exonerations 2014 Staggering number of exonerees pled guilty when they were innocent http://t.co/DWhE6A9kj3— Kathleen Zellner (@ZellnerLaw) April 30, 2015
Brendan’s appeal consisted of two arguments: that his confession was illegally obtained, and that Kachinsky “breached his duty of loyalty by working with the prosecution to secure Brendan’s conviction.”
While the judge ruled that he could not overturn Dassey’s conviction based on Kachinsky’s behavior, his 91-page decision stated that “Kachinsky’s misconduct was indefensible.” Specifically, the judge determined his “conduct was inexcusable both tactically and ethically. It is one thing for an attorney to point out to a client how deep of a hole the client is in. But to assist the prosecution in digging that hole deeper is an affront to the principles of justice that underlie a defense attorney’s vital role in the adversarial system.”
Here are just a few of the complaints made against Kachinsky (and his assistant Michael O’Kelly) in the writ of habeas corpus from Dassey’s lawyers:False confessions like Brendan Dassey's in #MakingAMurderer are 'common' among exonerated juveniles via @reason https://t.co/BtDUE50XOd— Innocence Project (@innocence) January 6, 2016
- Over email, Kachinsky and O’Kelly agreed that O’Kelly would interrogate Brendan on May 12, 2006 – the same day on which Kachinsky expected to (and did) lose his motion to suppress Brendan’s March 1st confession – because the blow of loss would render Brendan more vulnerable.
- Kachinsky canceled a scheduled visit with Brendan to make Brendan feel more “alone” for the O’Kelly interrogation.
- Previously, O’Kelly had sent an email to Kachinsky stating that Brendan’s family was “truly where the devil resides in comfort. I can find no good in any member. These people are pure evil…A friend of mine suggested: 'This is a one branch family tree. Cut this tree down. We need to end the gene pool here.' ”
- The same day the judge denied the motion to suppress the March 1st confession, O’Kelly falsely told Brendan that he had failed a polygraph test.
- After O’Kelly got the written “confession” from Brendan on May 12th, he called Kachinsky, who immediately arranged for Brendan to undergo a second uncounseled police interrogation the very next day.
- Most of the above actions by Kachinsky and O’Kelly were not discovered until Brendan’s post-conviction evidentiary hearing.
Brendan’s uncle Steven Avery was convicted in a separate trial for the same crime and is currently serving life in prison without parole. Avery’s appeal lawyer and wrongful conviction specialist Kathleen Zellner seemed confident that something similar was coming for her client as well:
Brendan's opinion shows cops made up crime story. Steven's will show cops made up crime evidence.@MakingAMurderer @Endinsight— Kathleen Zellner (@ZellnerLaw) August 12, 2016
Zellner recently filed a request to retest evidence
used in the trial against Avery in order to prove that local
investigators planted evidence. She has also said new, "crucial"
witnesses have come forward.
Members of Avery’s family were actually visiting him in prison when word came that Brendan's conviction was overturned. His cousin Carla Chase told WBAY-TV:@JButing @ZellnerLaw @averydassey #MakingAMurderer @0hour1 @BrendanandSteve ...wow #speechless #guiltyorframed pic.twitter.com/K5O0AEfffN— Chuck Kelly (@RealChuckKelly) January 10, 2016
“He was kind of stunned because he can’t believe that it actually came through. He was in a little disbelief. He didn’t believe that it actually came through and it’s like yes, it came through everywhere, it’s news and all.”
Zellner also saw Avery that day and told WISN News:
“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.”
The Sly Attempt by Halbach's Family and Attorneys to Prevent Avery from Having ANY Form of Defense (Public or Paid)A message to all those in Manitowoc who feel B. Dassey's overturned conviction has inconvenienced you. @ZellnerLaw pic.twitter.com/6Gov5IurgK— Steven Avery Trial (@StevenAvery33) August 13, 2016
By Nexious, TickTockManitowoc
I have been heavily researching some of the more obscure side-stories of the Halbach case. One of which is the timing and motive behind a civil lawsuit filed against Avery by Halbach's lawyer brother a year before Avery was tried criminally and the day after he settled the Manitowoc civil case.
This Halbach civil case and the motions by their attorneys had all the earmarks to prohibit Avery from any effective counsel for his criminal case; he was barred from getting a public defender, and the Halbachs attempted to freeze all of his available funds used for Strang and Buting's legal work. Below I will summarize these events with details taken from local sources:
On February 15, 2006, Steven Avery settled the civil lawsuit with the county for $400,000. $160,000 of this was held by the judge to cover legal costs, so Avery was left with $240,000. Effective immediately, the court disallowed Avery from having a public defender for the criminal case (formerly Erik Loy) due to his financial status.
On February 16, 2006, the very next day, Teresa Halbach's brother/attorney Tim (who was named president of the Calumet County Bar Association in November 2005, and who is currently Circuit Court Commissioner for Calumet County) abruptly filed a civil lawsuit in Calumet County against Avery on behalf of the family seeking an unspecified amount of money. Note that Avery was still a year away from the criminal trial and as such was presumed innocent by the court of law (in theory, at least). Mike Halbach told the media that "the civil suit isn't about money, but about justice" and the brother who filed it said it was "our remedy" for Teresa. Of course, the only possible outcome from any civil lawsuit is exactly that--money.
On February 18, 2006, Steven Avery transferred his available funds to a trust account on retainer for Strang and Buting's legal defense since he no longer qualified for a public defender.
On March 23, 2006, attorneys for the Halbachs asked the judge to freeze any money that Avery still had remaining from the civil settlement. They also planned a motion to freeze all future earnings of Avery as well until after their case concluded (i.e., long after the criminal trial concluded). The attorney for Halbach even admitted that this request to freeze all of a person's funds in a civil case "is not typical, but it is certainly justifiable in this case." At Avery's request, the civil case was allowed to move to Manitowoc County.
On March 24, 2006, Judge Willis (the judge in the criminal case) recused himself from this civil lawsuit. He was replaced with Judge Deets.
On May 23, 2006, the Halbach family called Avery's transfer of funds to the trust account held by Strang "illegal" since it wouldn't allow them to collect money if they'd win the civil case. The Halbach attorney proclaimed: "You cannot transfer all your funds to a nonrefundable retainer when you have a lawsuit against you." By this point, 60% of the available funds had already been exhausted by Avery's legal team, according to Strang.
On June 23, 2006, Judge Deets denyed the Halbach request to freeze these funds, stating: "The timing is suspicious, but it is equally plausible it was based on Avery's receipt of his settlement, his immediate loss of public defender services, and his negotiation to obtain competent substitute counsel just before the Halbach suit was filed."
As you see here, had Judge Deets sided with the Halbachs in this ruling, Steven Avery and, in turn, his defense attorneys, would had been deprived of any funds for the duration of the case. Yet, he also was not allowed to have a public defender due to this settlement as well. This is pretty jarring to me.
At least one astute resident of Green Bay noted this situation at the time and called it out in a letter to the editor of the local Manitowoc paper, quoted below:
Herald Times Reporter
June 1, 2006
Letter to the editor: Legal system is crooked with regards to Avery
What kind of cockeyed legal hocus-pocus is this?
On the one hand, a judge rules that a man no longer qualifies for a public defender, due to the fact that he has funds to defend himself.
Now we have a lawsuit which is trying to prevent those funds from being used for his defense. The lawsuit is based on the pre-jury-trial supposition that Steve Avery is guilty of murder.
Supposedly in the American system of jurisprudence, a man is innocent until proven guilty. But Steve Avery's guilt or innocence has yet to be determined in a court of law.
Such a lawsuit should not even be allowed consideration until after the jury trial has been completed. This is unless, of course, everybody's minds are already made up and the jury trial is nothing more than a big show.
May God help anybody who is ever caught up in a crooked legal system like this.Below are the subsequent developments of this civil lawsuit:
On October 2, 2007, the Halbach family put their civil suit on hold pending all of the appeals from both Avery and Dassey's criminal trial.
On August 4, 2010, Dean Strang put in a request to withdraw as Avery's attorney in the civil lawsuit (but remain as his acting attorney for one year to give him enough time to find new counsel).
On November 6, 2013, a Sheboygan County judge was appointed to hear the civil case in Manitowoc County, and the case was set to proceed. At the time, neither Avery nor Dassey had any attorneys appointed to represent them in this civil case.
On November 22, 2013, the Halbach family requested voluntary dismissal of their civil lawsuit against Avery and Dassey, "...we feel that at this point in time, the reasons for voluntarily dismissing the case far outweigh the reasons to continue pursuing it...we know that following through on the pursuit of the civil case would likely be a time-consuming, painful experience. We feel that now is the right time to move on from this and to continue to live life like Teresa." Due to litigation still pending in the criminal case with the appeals process, the dismissal motion was put into abeyance (indefinitely suspended).
On April 13, 2015, Steven Avery probed the civil case to see what its status was given the voluntary dismissal request 1.5 years prior.
On June 8, 2015, the Halbach civil case was officially dismissed.
Judge rules against request for control of Avery's funds
The Post-Crescent
May 23, 2006
Timing of homicide suspect's transfer of assets to lawyer called suspicious
MANITOWOC - Four days after he settled a lawsuit against Manitowoc County for $240,000 and three days after Teresa Halbach's family sued him for her wrongful death, Steven Avery essentially was broke.
Halbach's family, however, is trying to ensure that Avery has money to pay if he loses the wrongful death suit. The family's attorneys asked a Manitowoc County judge Tuesday to put the retainer that Avery paid to his defense attorneys in receivership to prevent it from being spent.
"The trust account funds in this account will be exhausted soon," Avery's attorney, Dean Strang, said in a motion filed in the case. "I anticipate our firm will spend substantial sums for out-of-pocket expenses from the funds designated as our fees."
Police arrested Avery in November and charged him with first-degree intentional homicide, sexual assault and four other felonies stemming from Halbach's disappearance and death. He faces a maximum sentence of life in prison plus 128 years for the charges.
Attorneys from both sides are under a court order prohibiting them from saying how much of the $240,000 Avery received in the civil suit against Manitowoc County was paid to Strang and other members of the defense team.
Strang told Judge Darryl Deets on Tuesday that nearly 60 percent of the money he received from Avery already has been used. Strang told The Post-Crescent those expenses will include fees for investigators, consultants and expert witnesses, including DNA and other experts whose fees "can run into hundreds of dollars an hour."
Appleton attorney Patrick Coffey, who represents the Halbachs, contends Avery's transfer of the money to Strang is an attempt to avoid paying if he loses the wrongful death suit.
The money was transferred to Strang on Feb. 18, three days after the Halbachs' civil suit was filed.
"Mr. Avery got his hand caught in the cookie jar," Coffey told the judge. "You cannot transfer all your funds to a nonrefundable retainer when you have a lawsuit against you."
Halbach, 25, of St. John, disappeared Oct. 31, after she was last seen at the Avery family salvage yard near Mishicot, taking photos for a magazine that advertises vehicles for sale.
Prosecutors added charges after Avery's nephew, Brendan Dassey, 16, told police in March that he and Avery sexually assaulted and killed Halbach. Dassey said the two of them then mutilated her body as they disposed of it to hide evidence.
Motions still are being filed in the criminal case against Avery, and that is scheduled for a five-week trial beginning Oct. 16. He remains in the Calumet County Jail on a $750,000 cash bond.
Dassey, who lived on the Avery property, is charged with being a party to first-degree intentional homicide, mutilation of a corpse and sexual assault with use of a dangerous weapon.
He faces a maximum penalty of life plus 72½ years in prison on the charges. Dassey is being held in the Sheboygan County Jail on a $250,000 cash bond.
Avery, 43, previously served 18 years in prison for a 1985 sexual assault conviction that was later overturned by DNA evidence, prompting his release in 2003 and the subsequent lawsuit against Manitowoc County.
Things I would have to agree with to believe SA is wasn't framedWhen the 7th Circuit affirms it will create strong precedent for tossing other false confessions convictions.#MakingAMurderer #Thxforgift— Kathleen Zellner (@ZellnerLaw) September 10, 2016
by JBamers at Reddit
September 17, 2016
So let me start by saying, there have been numerous times over the past 9 months where I have doubted SA's innocence. There is so much evidence pointing to him that sometimes the easy thing to do is say, he must be guilty, he has to be! But what always brings me back to believing in his innocence are all the things I would have to agree with in order to make sense of his guilt.
So if I believe he killed TH, I have to agree with the following :
SA was not afraid of law enforcement. He was either arrogant enough or stupid enough to think he could get away with planning and executing the murder of a young girl and be arrogant or stupid enough to believe he could do this without being caught. Bear in mind he had already been convicted of crime he didn't commit, but he believed he could get away with a crime he did commit.
SA willingly put his imminent settlement and hard won freedom in jeopardy by planning this murder. As much as he must have thought he could get away with it, there had to be some doubt in his mind that he could get caught.
SA willingly brought his 16 year old nephew into this, with no thought or care as to how this would effect his quiet, shy, virgin nephew, who looked up to him. He was such a monster that he just did not care that he was potentially ruining his nephew and his whole families lives by commiting this awful crime, not to mention taking an innocent life.
SA is a cruel, sadistic murderer. It wasn't enough to kill TH, but he wanted to rape and torture her first, and again, make his nephew join in.
SA is methodical, meticulous, cunning, and above all else a fast worker. He apparently lured, subdued, raped, tortured, shot and killed, and burned his victim down to tiny pieces, got rid of her possessions, cleaned at least two crime scenes, and hid her car, showered, changed, had lunch, dinner, talked to Jodi twice, all in the space of 10 or so hours. That is no mean feat for even the smartest and quickest (physically and mentally) criminal.
SA allowed LE to look around his property and agreed to answer questions without hesitation, days after he was thought to have done all this.
SA arrogantly spoke to reporters right next to the spot he burned TH's body, laughing and joking like he hadn't a care in the world.
SA is an oscar worthy actor/liar. Not only this but he has not slipped up one time in 10 years.
MTSO were not worried or motivated by the civil suit Avery was bringing against them.
Manitowoc's involvement with the investigation is not suspicious or sinister, even though Pagel declared a conflict of interest and assured the public that they had no involvement other than to supply equipment and resources.
There was nothing suspicious about the search that yielded the key or bullet.
There was nothing suspicious about the documentation of the burn pit, cremains and burn barrels.
There was nothing suspicious about the coroner being banned from the scene due to a possible conflict of interest, even though this conflict of interest issue was not a problem when RH was swanning around the crime scene and MTSO cops, Lenk and Colburn, were magically pulling key evidence out of their asses.
There was nothing suspicious about POG finding the RAV4 in 20 minutes in a yard with 1000s of cars.
There was nothing suspicious about Colburn calling in the RAV4 on the 3th and the vehicle being logged into evidence also on the 3th.
There was nothing wrong with Dassey's confession. Despite a federal judge's 91 page, thorough, and very carefully considered opinion to the contrary.
KZ either has no nose for the truth and has been fooled by SA snd MaM, just like the rest of us, or, she knows he is guilty but is willing to stake her reputation, credibility and her own money, for the sake of 15 minutes of fame.
I could go on.
I can't agree with any of these things. Maybe I'm naive or nuts (as u/puzzledbyitall so nicely labelled me the other day in a pm) but I like to think I am capable of critical thinking and have no horse in this race. I don't know SA, BD, or any of the MTSO LE. I have no vested interest in painting anyone as a bad/good guy, but I see what I see and what I see here is a frame up from start to finish. There's just too much evidence against LE for me not to think this way.
ETA: sorry about the error in the title, but I can't edit it on my phone :)
ETAA: You know you have touched a nerve when a member of SAIG makes a thread about you. I'm so very flattered u/kiel9 but I aint biting. I will not engage in conversation on SAIG or pm with you guys, so save your typing fingers. Y'all have been singing the same tune for 9 months now and it's no less grating on my ears now than it was the first time I heard it.
Jason
ReplyDeleteThe biggest issue I have with believing they are guilty of this crime has to do with the overall story the prosecution used to convict them.
Here's the thing, there is more exculpatory evidence than their is forensic evidence used to convict them. I don't care about the documentary. It doesn't matter if you think it was edited for biased in their favor. Everything shown was real. Reasonable doubt was presented in multiple ways throughout both trials. I don't know if Avery is guilty or not but I know Brendon wasn't.
What sticks out the most is the individual convictions and how different they are. Please explain to me how two people can be convicted of the same crime with different causes of death by the same prosecutor of both trials? One was convicted of killing her in the bedroom by strangulation and stabbing, yet the other was convicted of shooting her in the garage with a rifle. Even if one of the stories were true it would automatically place reasonable doubt on the other. She can't be killed twice folks. Not to mention that there was NO evidence of either story presented at trial. There was no blood in the bedroom or the garage. If she died a bloody death there would at least be a speck of blood somewhere in one of those locations. There wasn't. And FYI, bleach will clean the surface blood up but it DOES NOT get all the blood so the below the surface blood would still show up in a luminal test. It didn't. As cluttered as the two locations were it would be impossible for him to clean up every microscopic drop of blood and that is factual.
I suppose they could have killed her then given her CPR then killed again but the prosecution didn't suggest or allude to that scenario at either trial.
Patriot
My biggest problem with their story was the absolutely lack of evidence in either the bedroom or the garage.
What I think was the final nail in the coffin was the involvement of the people he was suing in the case, if that isn't a clear case of conflict of interest I'm not sure what is and to me is reasonable doubt enough to throw out the investigation as tainted.
KAREN
As a general rule of law - if there is no evidence or lack thereof, people should be set free. Too many innocent people are locked up or worse - sentenced to death - based on evidence that just doesn't match up. THAT, is a crime. If it happens to them - it could happen to any poor sod. Prosecutors and police detectives should be independently scrutinized and heavily sanctioned for twisting facts or simply doing a poor job. These people take an oath - and that should be the highest promise they work by.
Martin
ReplyDeleteWhat kind of irresponsible journalism is this?
"Now that this ruling has affirmed there’s no evidence Dassey participated in the murder,"
That is not at all what this ruling does. The conviction was overturned on procedural errors. If the prosecutors decide to retry Brendan, he will remain in jail until the conclusion of that trial. Any new evidence will have to be turned over to the prosecution and a judge will decide if it is admissible.
If they decide not to retry Brendan, he will be set free, but that may actually be devastating to Avery. If they don't retry Brendan, any 'new evidence' won't be able to be presented on Avery's behalf until he is granted a new trial... which may never happen if they cannot prove procedural misconduct in the original trial (something they haven't been able to do yet).
This is far from over and both defendants may be in jail for many years to come.
CHASE
Martin, It's okay, everyone knows without the BS confession, there's nothing at all that suggests Brendan was involved in this. He goes free in 90 days unless the corrupt county makes up some more evidence and I just don't think they have the balls to do it with the attention to this case now. They are under the microscope and if there was anything else they could have done, they would have in the original trial. Zero physical evidence against Dassey = free man. Happy days are coming sooner or later.
https://www.yahoo.com/news/making-murderer-steven-averys-lawyer-120020451.html
Existing Evidence Points to a Different Location and Different Suspect
ReplyDeleteKathleen Zellner told the New York Times that she plans to file a motion for access to DNA evidence from the crime scene for new testing.
Ms. Zellner said she would file a motion next week to access DNA evidence collected from the crime scene and used against Mr. Avery. She plans to order new testing, some of which was not possible during the original trial.
She hopes that the new evidence, combined with new theories and the revisiting of old evidence, could be enough to free Mr. Avery, 54.
“There is evidence that already exists in the case that points to a different location and a different suspect,” Ms. Zellner said. “We’ve got a combination of forensic evidence and a tip from somebody that we’ve interviewed multiple times that we think is credible.”
Her alternate-suspect theory has not been presented before, she said. But she declined to elaborate, saying details would emerge after the new forensic testing.
Ms. Zellner said new forms of testing could prove that the physical evidence had been planted, echoing a prominent suggestion of the Netflix series. Most of the tests can be done within a few weeks, she said, adding, “It’s possible all of it will be done within 60 days.”
She added: “It may not all be successful, but I believe if even one bit of evidence is planted, the conviction is going to be vacated.”
Zellner says that among the evidence she believes had been planted is Ms. Halbach’s bones, which were found in a burn pit on his property.
Ms. Zellner also points to Ms. Halbach’s car, where Mr. Avery’s blood was found in the front and Ms. Halbach’s was found in the back. The forensic scientists she spoke to said there would likely be a mixture of their blood, she said.
“This is a crime scene that just doesn’t make sense,” she said.
New experts would speak to the findings from those new tests, she said. One expert “could have been called at the trial but wasn’t,” she added.
Mr. Avery’s past legal maneuverings have failed.
A federal judge denied his request for a new trial in 2010, and the Wisconsin Supreme Court declined to review the case. He filed an appeal on his own behalf in January; it is pending. He remains imprisoned in the Waupun Correctional Institution in Waupon, Wisc.
Ms. Zellner said her interest was not in the existing appeal, which would not allow her to present new evidence. She said she intended to take it to the trial-court level and request an evidentiary hearing for the new material.
She said she believed he’s innocent. She said she had visited Mr. Avery in prison after Mr. Dassey’s ruling, and he appeared happy and shocked by the news.
“I think he just couldn’t believe anything good had happened,” she said.
Netflix has signed on for a second season of “Making a Murderer,” and Ms. Zellner has granted the filmmakers interviews. No release date has been revealed.
http://www.nytimes.com/2016/08/19/us/steven-avery-of-making-a-murderer-eyes-freedom-after-co-defendants-conviction-is-overturned.html?_r=0
Pete Baetz is a staunch believer that Avery is innocent and he likely found exonerating evidence, but the guys weren't allowed to use it because of Denny.
ReplyDelete[–]Hubert_J_Cumberdale
I agree on the Baetz/Denny. They have known all along - which is the saddest thing about this entire case. I tried to start re-watching MaM again last night and had to take several breaks - eventually giving up because it was just too upsetting to watch knowing what I know now. In short, I broke down in tears over and over...
Dean Strang driving along - choking back the tears while discussing how helpless he feels watching Brendan getting 'chewed up and spit out' by the system is beyond heartbreaking. It's just soul crushing.
https://www.reddit.com/r/TickTockManitowoc/comments/4zx2nb/some_zellner_thoughts/
Mandy M Stees · Belleville, Illinois
ReplyDeleteHere's the point guys. Even though you guys are disagreeing as to whether he is guilty/innocent....most of you agree evidence was either planted or mishandled/tampered. Correct? Here's the thing....that's the wonderful glory of the US Constitution. It was put in place so accusers had burden of proof. Whether the evidence was planted or mishandled, the constitution says he must walk free. Defense attys are not "scum, loophole chasers, etc" they are put in place to make sure THE STATE DOES THEIR JOB and DOES IT CORRECTLY. So, either way you guys are slicing this pie.....the STATE and POLICE DIDN'T DO THEIR JOB CORRECTLY. That's why it is vital to have trained people do the investigation. The second the Manitowoc Sheriff's dept heard Stephen Avery may have been involved in another crime, and knew they were being sued by him, is the exact moment they should have called the FBI and never stepped foot on that property. PERIOD. Then, there never would be any questions regarding the so-called evidence.
Tammy L Cantu
The closest neighbors were his own family, and the police put all of them under a microscope. Brendan was the closest thing Avery had to a solid 2 - 3 hour alibi.
Jody Cody-Graf
They set up the wrong guy this time ! Wonder how many other ppl they've done this to over the years, jst to shut them up or get them outa the way for they're own lawlessness
Secular Fundamentalist
Double like - how many indeed...? and were it not for the random chance of a 10 year long documentary airing on Netflix, rest assured that Steven Avery would still be behind bars for the rest of his Natural Life.
so one has to wonder if the police officers from this particular County are particularly heinous or are miscarriages and carried out like this far too frequentlyand quietly than we can imagine...?
truly horrifying to ponder.
Ida Smith · Management at Kmart
Dassey's account of going to his uncle's home and hearing screams him coming to the door all naked and sweaty! So he's going to stop raping his screaming victim to answer the door? Please could have been the governor for all he knew! Just a joke at our system and again the cops get off without a slap on the wrist for the first debunkle.
Morgan Walker · Charlotte, North Carolina
To me, it's innocent until PROVEN guilty without reasonable doubt. The prosecution has yet to PROVE anything especially since they refused wholeheartedly and adamently to be involved in the process of making this documentary. That kind of attitude casts a very wide and deep shadow of doubt over the entirety of the prosecution's case.
I find a certain quote people like to use to explain their openness with regards to government intrusion in their privacy very apt; especially considering that I find the government and its institutions of not having these rights at all. I believe you may know the quote. In case you don't, it goes something like this...
"If you have nothing to hide, you shoudn't mind them having a look."
It's funny when things like this can be applied both ways thus, putting the shoe on the other foot.
Morgan Walker · Charlotte, North Carolina
Manitowok County should just declare bankruptcy now and dissolve all it's public and governmental institutions because by the time Zellner and Avery are done with them, there will be nothing left. And they all deserve everything bad that comes to them for their acts of treason. Violating the constitutional rights of an indvidual is a crime of treason. The people involved in framing Avery should all get the death penalty.
http://www.newsweek.com/steven-avery-lawyer-demands-evidence-and-accuses-cops-framing-him-bombshell-493873
Brian Wierzba wrote at Yahoo:
ReplyDeleteSeriously this has to be considered as one of the most atrocious, caught on video, abuses by those sworn to protect and serve instances in recent American history. If there were evidence to convict this young man, it would not have been prepared and mentally beat in to this young boy's head by two irresponsible and irrefutable bumblers of the law as was consistently seen on the video made available for the show.
Is it not clear to any reasonable human being this child, 16 years old and very likely the mental faculties of an 11 year old, was being led down a path he couldn't possibly have understood the ramifications of?
For those who say let them rot in prison, pray that you are not the subject of such illegal and abnormal targeting of the law enforcement practices as have been so blatantly realized in this small town that has led to a mockery of the justice system.
To the rest of have that same semblance of hope and consideration for both of the individuals, pray for both the boy and the man because I will never accept the mind numbing reality that has been parlayed into their lives as a result of the negligence and outright malignancy of these people who have sworn an oath not to the community they serve, but to the brotherhood they defend.
This is not justice and if you think otherwise, go look behind your nightstand for 4 weeks straight and then tell me if you find new found evidence that just "dropped in."
Norwood wrote:
I don't have a stake in the process but I know what I saw and I saw a somewhat slow youth bullied, coerced, lied to, intimidated, badgered and threatened by adults who were supposed to protect him and safeguard him. They are protecting their own egos, reputation and pocket book at the cost of Dasseys disposable life. I hope they all go down.
https://www.yahoo.com/news/making-murderer-brendan-dassey-may-171832330.html
[–]lrbinfrisco
ReplyDeleteFirst of all, I don't agree with blaming any of the Halbachs for being full participants with LE to frame SA and BD. There isn't yet any evidence to prove or to strongly suggest this.
There is evidence to strongly suggest that MH was at least a willing pawn of LE, participating potentially in the frame or at least covering up exculpable evidence. There is evidence that he was not completely honest in his testimony and public statements.
There is evidence that the Halbachs willingly participated in a lawsuit which tried to freeze SA funds before his trial to deprive him of his right to an attorney. No matter what they were told, this is a highly unethical action that attempted to deprive someone of their Constitutional rights.
Up until yesterday, I don't know of any other reasons to be critical of the Halbachs. But yesterday, they allowed their name to be used to sentence BD to at least several more months of incarceration and could easily be several more years. They didn't have to agree or disagree, they could have said leave our name out of it. But they didn't or have made no public indication that they didn't endorse the appeal. If you are going to publicly judge someone in a manner that has official consequences, then you are responsible for doing your own research to make sure your judgement is just. Ignorance or being duped by someone is no excuse. So by doing this public judgement of BD they have opened themselves up to public criticism of which having lost a child is no defense and having been lied to by LE and the prosecution is no defense. We or any other member of the public has every right to criticize this decision. But it is inherently unfair to the Halbach family to take this as a suggestion that they are in some conspiracy with LE, prosecutors, and the state. There simple isn't evidence to even strongly suggest this.
https://www.reddit.com/r/TickTockManitowoc/comments/523oyl/its_really_upsetting_to_see_comments_that_attack/
[–]OpenMind4U
ReplyDeleteI do agree with EVERY word you said. And I probably would not add anything if it would not be related to Brendan's conviction/overturned/appeal matter. Just because of Brendan, I'll add this:
LE investigation has failed to provide any investigation effort in regards of Halbach family itself, what's so ever!;
This BS about not noticing that their daughter/sister is missing for almost 4 days is nothing but BS;
Behavior evidence of MH during the search and his indifference about Brendan's confession is another BS for me;
Furthermore, what kind of family doesn't want to open their mind and THINK of other possibilities, especially after knowing PB case? PB was their community neighbor and not just a stranger. So, this is another, more BS for me...
And yes, I'm very much angry that Halbach family choose to be part of this appeal. AG would not use their name without their permission!!!! I guarantee you that!
[–]Unidenline2 11 points 15 hours ago
AG would not use their name without their permission!!!! I quarantee you that!
Quite possible that they got the go ahead from one Halbach that is an attorney in Chilton. Interesting coincidence that his administrative assistant shares a same last name with an AT /TH 10/31 appointment.
I do not think the family knowingly participated in a frame up. My opinion is that they were content to leave sleeping dogs lie for the sake of familial reputation, including Teresa's.
The AG, et al are using the Halbachs as a sympathy card, and the Halbachs are going along with it, without regard for justice for Teresa, or the righteousness of our justice system.
[–]DrCarlSpackler
And lets not forget the Hs coordinated their civil suit with the criminal suit to try to intervene with the collection of restitution or any subsequent award from Avery's wrongful conviction lawsuit. The effect of which almost derailed Avery's ability to retain Buting and Strang.
In addition, Timothy H. Esq. filed an affidavit to keep the case in Manitowoc/Calumet county courts.
Deflecting the blame for this baseless appeal to the Halbachs is a forseeable result of the Wisconsin AG's actions here. This has all been touched on before BS invited additional scrutiny of the Halbachs.
I think the proper nuance here is that the Halbachs and the Averys are both victims of the MTSO/Kratz lies.
[–]OpenMind4U
I would NEVER be so bold in one comment. I would never 'attack' the victim's family the way I just did...For long time, I was kind of really-really trying to be 'simpatico' and 'close my eyes' ...but when I saw their names ATTACHED into 'body of appeal' which will prolong Brendan's captivity - all my forgiveness of these small imperfections of Halbach family becomes huge issues, suddenly!
Dammit! Halbach knew, from the beginning, PB case! They knew that LE is capable to make 'mistakes'...and they choose to believe the SAME LE who lied before!
And now, 11 years later, after all MaM publicity and ALL evidence on-line which are available to everyone to read - they still avoided to read, check and THINK...
So, why should I forgive them their imperfections? Why should I feel bad for them? Simple answer: they're NOT interesting to find the Truth!
...and I'm not interesting to look/support their interests!!! Period.
https://www.reddit.com/r/TickTockManitowoc/comments/523oyl/its_really_upsetting_to_see_comments_that_attack/
[–]CaperBy
ReplyDeleteI'm not sure of this but I heard that the 7 circuit can just reject the states appeal if they feel the state has no contest
[–]bashdotexe
They can dismiss it and let Duffin's ruling stand which I think is what will happen. The appeal is copy and pasted from state court rulings so I can't see the 7th circuit overturning Duffin with just that.
[–]JLWhitaker
I haven't read it. Is this true? No fed law cites?
[–]solunaView
Docs are here:
https://www.doj.state.wi.us/news-releases/ag-schimel-files-notice-appeal-dassey-v-dittmann
The AG filings simply state their intention to appeal, they are not arguments. That will come later. The court will need to decide if oral arguments are to be heard (likely) and motions will be exchanged in the coming weeks.
A motion to dismiss will very likely be filed but I doubt it's granted. Zellner states that this is a frivolous appeal but I think that statement is more hyperbole than fact. We can hope that's true but my take is this may be headed to the SCOTUS whichever way the 7th Circuit rules.
[–]Nicenightforawalk01
Is this appeal just to extend the time for dassey in prison? and if the testing somehow comes back negative on avery they can use it in their appeal to keep him in prison.
[–]ThorsClawHammer
I think that question can best be answered with J Buting's latest tweet: Predictable AG decision. No elected Wisconsin official ever chooses justice over politics. Truth will prevail in the end. #FreeBrendanDassey
They simply can not allow themselves to admit they screwed up, no matter the cost.
https://www.reddit.com/r/TickTockManitowoc/comments/52432a/when_the_7th_circuit_affirms_it_will_create/
[–]Nicenightforawalk01
ReplyDeleteI know the federal government hasn't got any say on what happens but surely when so much seems to be going on and the failures and suspicions. Surely they have to be concerned and launch some sort of investigation. From the outside it looks like its all corrupted and its a generational thing that seems to be passed on through the professions.
[–]hos_gotta_eat_too
oh no no no no no no
don't make this mistake.
it's no longer a state issue now. no no..
with Dassey's habeas corpus writ granted, this is most definately a federal issue now. habeas corpus are federal all the way.
at this point, with the AG appealing, it now opens up the entire investigaton to federal eyes.
in a way, it sucks it was appealed, but in a way, it could be a blessing in that federal investigators could now get involved without being captured by state limitations.
yes, while a state crime, dassey's appeal is ALL federal.
so the state just basically told the federal government to "go fuck itself..we got this shit right".
http://img.pandawhale.com/post-28652-thats-a-bold-strategy-cotton-g-g2uB.gif
[–]lrbinfrisco
Last I remember there was this thing that James Madison penned that's called the 1st Amendment to the Constitution which among other things the right to share your opinion. Haven't seen a good argument why Zellner should be denied this right. But hey if this is your opinion, then you got every right to express it.
Remember during the trials of BD and SA, the prosecution and LE owned the media and controlled the narrative. It can be argued that this had a significant impact on the outcome. Zellner unlike Dean and Jerry and BD's collection of lawyers, isn't conceding the narrative and instead is attempting to control it. She needs to win both in the court of law and in the court of public opinion. IMO the state of WI are getting their collective donkeys kicked all over the playing field.
[–]LorenzoValla[S]
I understand the sentiment, but I also tend to think the US court system is shrouded in too much mystery and not enough transparency. We certainly don't want them bending to the wishes of the mob, so I'm with you on that, but they also need to understand more fully that they are not performing in some kind of vacuum.
Also, if anything, this comment isn't about the federal appeals court but rather the WI court system and likely the appeals process itself.
Look at it this way, KZ is the most successful type of appeals lawyer for these kinds of cases. I think she's 18-0, which great on the one hand, but rather horrifying on the other. Look at all the time and resources it takes for each case - it's rather ridiculous. For comparison, the best heart surgeons in the nation do hundreds of procedures each year.
So, anyway, I think she and others are often just really pissed off when they see someone like BD who is sitting in prison for a murder he's not even convicted of and the state can sit back and smugly point out that the rules are the rules.
https://www.reddit.com/r/TickTockManitowoc/comments/52432a/when_the_7th_circuit_affirms_it_will_create/
Motion to release Brendan filed today
ReplyDeletehttps://www.docdroid.net/6KRuOCU/motion-for-misc-relief.pdf.html
CWCY Spotlight
September 14, 2016
On September 14, 2016, we filed a motion asking the Court to release Brendan on bond during the State of Wisconsin's appeal. We will not be publicly commenting on this motion at this time. As in the past, we ask Brendan's supporters to refrain from contacting the judge or prosecutors about this motion. As always, Brendan, his family, and his attorneys remain grateful for your support.
See CWCY Spotlight at http://www.law.northwestern.edu/legalclinic/wrongfulconvictionsyouth/ … for our statement on today's Motion seeking Brendan's release on Bond while appeal is pending.
Making a Murderer's Brendan Dassey 'scared' of leaving prison, his mum reveals (mirror.co.uk)
ReplyDelete[–]angieb15 30 points 9 hours ago
I'm sure he is scared. He's institutionalized, likely barely remembers freedom, even SA had a hard time out of prison and he is more resourceful and smarter in some ways. All the more reason the people who put him there should face serious consequences, like the mind-numbing routine of prison life. I just hope he finds a peaceful, organized routine.
[–]rebbygram 22 points 7 hours ago
“A former teacher of Teresa Hallbach says Brendan Dassey shouldn't be released from prison after he sensationally had his conviction overturned.”
She continued: "It is sad that a TV show can overturn things and can make changes in our justice system, and a TV show just shouldn't do that.”
WHAT? Just too naïve for words!!
[–]makingameow 11 points 5 hours ago
So this teacher thinks that a federal magistrate made his decision/ruling based on a tv show... Seems to me that the WI education system could use a lil reform as well Edit a word
[–]leshake 4 points 2 hours ago
The TV show brought a grave injustice to light and allowed him to afford fancy new lawyers.
[–]AryaStarkBirdPerson 2 points 3 hours ago
Haha I was going to say her statement shows the problems with our education system...
Teachers like her that no longer ASKS questions. They just recite answers.
[–]magiclougie
"Public servants" have blind obedience to the system and blind allegiance to other "public servants," such as LE. They also tend to overwhelmingly vote Democratic, especially teachers.
[–]rebbygram 1 point 2 hours ago
My exact thought!
[–]dontbestrange 11 points 7 hours ago
That is so dumb. It was a sensationalized press conference by the prosecution that basically ensured that SA and BD would never get a fair trial.
The media prior to MaM pretty much only supported the prosecution.
[–]JBamers 2 points 3 hours ago
Another unbiased opinion from Manitowoc. /s
[–]darsynia 2 points 2 hours ago
Yeah that article pissed me off--but I bet they went and spoke to many former teachers and picked the dumbest one to feature. I kind of hope her co-workers are all facepalming.
[–]grim77[🍰] 1 point an hour ago
Oh yeah the judge watched all 10 episodes of MaM and based her decision on that./s
[–]pemachodron4prez 10 points 8 hours ago
From what I understand, the law firm has a release plan in place for him. A place to live outside Manitowoc, a social worker, etc. Just hope he can handle all the publicity.
https://www.reddit.com/r/TickTockManitowoc/comments/544oqw/making_a_murderers_brendan_dassey_scared_of/
Dassey Appeal: Motion to Supplement the Record denied (self.TickTockManitowoc)
ReplyDelete[–]MnAtty
Sorry for the delay. I was off inhabiting one of my seven other lives. Yes, this is in Brendan’s favor. More than that, it follows a pattern of sewing things up tighter at every opportunity, like Chinese handcuffs. This justice is in “bullet-proofing” mode, and he will not be deterred from his mission to resoundingly crush the fools who have delivered this fiasco to his doorstep.
To reiterate what I said a month ago, "the judge wrote a 91-page decision that was thoroughly researched and meticulously cited. This is known in the business, as “bullet-proofing.” This decision is bullet-proof. It was intentionally written in such a manner, that there is no way around it. Whatever else happens in this case going forward, it will be in light of this decision.” https://www.reddit.com/r/MakingaMurderer/comments/4xlypn/netflix_behind_the_release_of_dassey_discussion/
This encounter we are witnessing is as old as the hills and as formulaic. It reminds me of a line from Glengarry Glen Ross, that someone “didn’t know the shot,” meaning they walked into someone else’s setup and interfered, because they had arrived late and didn’t know what was already in progress. You could say I “know the shot,” as it relates to the appeal drama that is unfolding.
I took super_ pickle to task over this very thing, when I swatted him/her down for all those SAIG misinterpretations of—well—pretty much everything legal, saying "Nothing done legally is haphazard. There are reasons upon reasons upon reasons.” (If you want to read the gory details, you’ll have to wade down to my response at https://www.reddit.com/r/SuperMaM/comments/51c0co/xpost_the_string_that_unravels_the_entire_sweater/.)
The typically specious SAIG analyses run aground here quite often. In this time on Reddit, I’ve come to appreciate how much I do know, by seeing how difficult it is for others to understand the subtleties of law. It’s like a foreign language—one word off, and you’re saying an entirely different thing.
https://www.reddit.com/r/TickTockManitowoc/comments/579d1w/dassey_appeal_motion_to_supplement_the_record/d8rlr2a
Attorney General expects court to take months on Dassey decision
ReplyDeleteBy Ted Miller, WBAY
Published: October 21, 2016
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GREEN BAY, Wis. (WBAY) – Attorney General Brad Schimel says it could be several months before a court makes a decision on the state’s appeal to keep Brendan Dassey in prison.
In August, a federal magistrate ruled that investigators coerced Dassey’s confession that he helped his uncle Steven Avery rape and kill Teresa Halbach in Manitowoc County in 2005, and he overturned Dassey’s conviction. He gave the State 90 days to decide whether to release Dassey, hold a new trial, or appeal the ruling.
On Wednesday, the Wisconsin Department of Justice filed the first brief in its appeal, arguing the confession was not coerced.
We talked with Schimel on Friday while he was in Green Bay. He said both sides will get another chance to respond.
“We’re still four or five months out from the briefing being done, then the court will consider the evidence. And, it was a nine-day trial, as I recall. There’s an enormous amount of evidence for the appellate court to look over and prepare with and so, it, we’re probably quite some months out from a decision,” Schimel said.
Avery’s attorney, Kathleen Zellner, is also looking to get a new trial for her client.
http://wbay.com/2016/10/21/attorney-general-expects-court-to-take-months-on-dassey-decision/
[–]DarthLurker 29 points 1 day ago
ReplyDeleteIs it just me or does the states continual effort to lengthen Brendan's stay in prison when the only evidence they have on him has been thrown out show direct and intentional malice rather than duty to uphold justice. I think the current AG just earned an internal investigation for collusion and general tom foolery.
[–]jams1015 19 points 1 day ago
It's not just you!
They are being some malicious assholes, just trying to drag out this kid's punishment as long as they can- at THIS point, for making them look bad- but trying to hide it under the guise of 'justice for Teresa'. It's an insult to her memory. Plus, they can only blame themselves for their horrible mishandling of this. Doesn't stop them from trying to drag this out, though- probably makes them want to be bigger assholes, to be honest.
So, go ahead, State of Wisconsin, and be punitive dicks; I hope a settlement jury pays you back in kind.
Fuck these people.
[–]jams1015 22 points 1 day ago
An enormous amount of evidence? Or an enormous pile of crap? Let's not sugarcoat that, AG Shitty.
[–]JJacks61 8 points 1 day ago
I read that and thought the same thing, what the f is he talking about.
If he's talking about the lies W&F told then yea, that could take a while /S
[–]lrbinfrisco 1 point 16 hours ago
Really all the evidence they need to look at are the confession, the briefs and arguments for and against allowing the confession, and the rulings by the judges. Probably more than a night's reading and viewing, because they will want to go over it with a fine tooth comb. But you could view the video and transcripts of the confession and all the other listed above in one night.
I hope BS offended the judges with his BS.
[–]RokkinRobinTweetTwee 22 points 1 day ago
There should be some law in place where a prisoner is compensated for time spent locked up after a ruling such as this is made. Every day behind bars is a day missing from Brendan's life and apparently the process to free someone after a court has ruled in their favor can take a long time. I can't believe they were allowed the initial 90 days to decide what they were going to do. And then once they decide to appeal apparently that process can take many more months. All this while an innocent person sits in prison waiting the outcome? There should be some incentive for the courts to quit dragging these travesties out. Its unbelievable that this goes on in America. I'm so disappointed in our system.
[–]rogblake 17 points 1 day ago
BD should file suit now for unlawful detention, and claim punitive damages of $1m per day since Mr Justice Duffin made his decision.
Schimel has boldly admitted that his entire appeal is all about keeping somebody unlawfully locked away for as long as possible by filing a hopeless, convoluted case. I'd like to see this vexatious, frivolous brief thrown out for abuse of process, the state sanctioned, and the idiot who authored it struck off the practice register.
Wishful thinking, yes - but let us count how many times the learned Federal appeal court judges use the word 'ridiculous' when describing the state's arguments when they publish their reasons for judgment.
[–]Canuck64 10 points 1 day ago
Hopefully Brendan gets bail/bond in the meantime.
[–]JLWhitaker 5 points 1 day ago
Padding their pensions before retirement. It's all about the money.
[–]ahkabut 5 points 1 day ago
Obvious nonsense. Nirider and Drizin got this.
[–]ChadHartSays 3 points 1 day ago
Does Brendan have the ability to sue like SA did?
[–]_warlockja 2 points 1 day ago
If he is exonerated, yes. If they (KZ and her team) prove who really did it, definitely. However the confession, coerced or not, whether it get thrown out or not in the end may be an issue.
[–]raxje 4 points 1 day ago
It was thrown out on the grounds of violating constitutional rights or something, so he can probably sue them.
Real killer/framer is Edward W Edwards, he died in an Ohio prison on 4-7-2011, while awaiting execution after admitting to 5 murders(2 were a young couple in Jefferson Co Wis in 1980).......read and learn coldcasecameron.com
ReplyDeleteBarb Janda, now Tadych took her child, then a 16 year old Dassey to a hotel to meet with investigators.
ReplyDeleteIn a recent early September interview with Griesbach, it is admitted that her now husband, Scott Tadych, who was a boyfriend at the time, encouraged the hotel interview.
Tadych strongly suggested to Barb that Dassey’s uncle Steven Avery was molesting Dassey, a minor child.
Barb brought Dassey and let the investigators go one-on-one with Brendan.
Griesbach stated the concerns for Barb to bring Dassey in all began with Scott Tadych telling Barb, “Brendan knows something.”
Tadych, then a concerned boyfriend of the mother, also spoke to Brendan without Barb present that day of the interview in February.
Tadych stated it would be easier and best if he spoke with Brendan because he might could “get him to open up.”
The next thing to happen, the Dassey family learns, is that Brendan saw Teresa’s body in the fire.
Now, this is important because Barb was already aware of this before the March coercion.
However, Brendan had NOT been implicated yet as being involved, and she had already started growing intense hate for her brother, Steven Avery.
First, for (allegedly) molesting Brendan.
In addition, Barb was now introduced to the idea as early as February that Brendan saw Teresa Halbach dead.
The State is using this in the appeal and this is part of the separation of Carla and Barb’s social media groups, which thousands are unaware of.
The rest of the family cannot forgive Tadych and blame Tadych for the lies told to Barb of Steven molesting Brendan.
It has divided the family.
It’s what the family won’t discuss publicly.
But, it will be revealed in the upcoming appeal of Dassey by the State of how Scott Tadych got Barb to bring Dassey to the hotel.
Now, ask yourself why would a personal friend of Judge Foxx, who was Scott’s attorney for years, get Dassey to admit he saw the body in the fire?
Scott Tadych and Barb both knew this before February. Tadych was pushing it.
Now, Manitowoc is hell bent around the story and alibi that Tadych got Dassey to admit to the body in February way before what appears to be an unconstitutional coercion in the March interrogation.
Which is about to become a huge conflict…in this appeal.
CONTINUED...
Tadych would later try to personally get Beendan out of trouble by talking with Judge Foxx.
ReplyDeleteFoxx offered 15 years to Dassey for a confession to help Scott as a friend, but couldn’t let him walk because the confession was needed to convict Avery.
But, Allen Avery told Brendan NOT to take that plea deal.
Makes you wonder how Judge Foxx took the seat of Judge early in 2005 the same time Tadych moved 2.1 miles away from Avery Road in his mobile camper—Foxx living within 7 miles of Avery Road himself.
Scott Tadych is a huge tool in this case.
Foxx had him protected from being interviewed by normal detectives.
In fact, Tadych was only interviewed by Special Agents of the Madison and Appleton DCI offices.
(His last interview was by the ghost face Dedering.)
Scott Tadych had a Madison Office work with him on $8,000 at the same time, ironically, they get a confession from Brendan.
As well, Tadych filed bankruptcy and got the house approved, ironically with Barb moving in.
Barb was mad at the family and left in Scott’s defense.
In the appeal you may also learn, as stated by Griesbach—
Thomas Fassbender off record also met Scott Tadych prior to Fassbender helping Weigert coerce a confession from Dassey.
This meeting was arranged by Foxx and may serve a huge implication of Brendan seeing Teresa, because Tadych had immunity in order to tell what he knew!
The DCI Special Agents arranged for Scott Tadych to meet Fassbender. Then the hotel meeting ensued in February.
Maybe Barb can help explain Scott Tadych’s actions?
She was under the impression during Brendan’s trial it would be thrown out, and got mad and angry instead of showing emotional damage.
The anger was reported to have come from Tadych, who repeatedly told her he was working with Foxx as best as he could.
Foxx was the Tadych family Attorney for over a decade before becoming a Judge in 2005.
https://productionsouth.wordpress.com/2016/09/18/tadych-reason-for-averydassey-social-media-split-2/
If Barb never brought Brendan to that hotel, Steven Avery nor Brendan Dassey would be in prison at this moment.
ReplyDeleteScott Tadych persuaded Barb that Steven was molesting Brendan, and it pissed her off to the point she, on Scott’s advice, took Brendan to lie on Steven to have him arrested.
Brendan, never saw a body.
He was coerced to say he did, but not by LE.
But by his own mother and Scott.
Number one, if a minor child reports in February they saw a body, you have to tell the mother of the statement made.
Secondly, Barb, stayed off camera because she already knew he was going to say it. She brought him there to say it.
Well, guess what… It back fired.
Guess what?
Barb is about to be sourced out by the entire State of Wisconsin.
Now, as far as seeing a body— it doesn’t indicate murder.
However, with Steven still in custody, as a co-defendant, Brendan’s appeal by Duffin could very well be overturned and he could remain in prison.
Duffin, for one, never watched the interrogations in full.
This is where the state is about to take huge advantage.
I’m telling straight from the mouth of Michael Griesbach, current ADA of Manitowoc County, himself…
Barb freely and voluntarily brought Brendan Dassey on her own accord, where Brendan freely and voluntarily witnessed and stated on record with no coercion to LE that Teresa Halbach was seen dead in that fire.
This is the appeal’s case.
Sad thing is, it’s solid.
More sad, Barb tried to get Brendan to lie on Steven because Scott Tadych influenced it.
As well, Scott just refused a buccal swab recently when requested by Zellner.
These two will flee with Brendan if and when Brendan is released.
https://productionsouth.wordpress.com/welcome-readers/wisconsin-vs-dassey-argument/
The Quest For Justice. A final thought. (self.TickTockManitowoc)
ReplyDeletesubmitted 20 days ago * by tuckerm33
As we close out 2017, I would like to remind everyone here that it's been two years now since we heard the names Steven Avery and Brendan Dassey.
Everyone knew that it was going to be a long journey to get these men freed, but we prayed and hoped it would come quicker.
Our first instincts were obviously correct of course and now after appeals, emergency stays, further appeals, oral arguments and en banc decisions, both of these men are now potentially destined to walk up the steps to the Supreme Court in the coming year perhaps at a last final attempt at true justice.
This is where the fight has been brought. It goes to show the lengths the corrupt will go to in order to avoid admitting wrong doing. They would rather keep two innocent men sitting in prison 10 years later as a means to continue to hide their corruption rather than expose those that put them there.
MaM was the direct catalyst to draw attention to the cross-border corruption that happened in these two counties and continues to happen today.
At the beginning, there were many that said the documentary was biased and was a product of misleading editing. The Sheriff of Manitowoc County claimed his department was misrepresented and unfairly targeted, yet when given the chance to show remorse or express interest in investigating the claims raised by the documentary, he instead only states that it would have been easier to kill Steven Avery than to frame him. Unfortunately for him, his words rang more clearly of hindsight regret than they did of their intended attempt of clearing his name from wrongdoing.
For those that still believed these men were guilty, it became increasingly difficult to hold on to that belief. With the release of the transcripts and documents from the case, a great deal of which is still yet to be seen, it became quite clear that there was no misleading editing in the documentary in terms of purposely swaying public opinion against the law enforcement in those counties.
In contrast, those documents only served to show that the filmmakers were instead a great deal kinder to law enforcement than what they deserved. The State and the law enforcement provided their own demise, the documentary simply provided a visual.
It's hard to imagine a future that doesn't exist where these two men are freed and that entire rat's nest club of corruption in Manitowoc and Calumet is brought down to it's knees. As I sit here now writing this, I really find it impossible that the Supreme Court would pass on Brendan's case when it reaches their desks for consideration. Given the public exposure of this case and the heavily anguished dissent from Judge Rovner seemingly begging for clarification from SCOTUS, one would have to further question exactly how high the level of corruption can travel in the justice system, if they do not agree to hear his case.
https://www.reddit.com/r/TickTockManitowoc/comments/7lbnjj/the_quest_for_justice_a_final_thought/