Brendan Dassey with his father Peter Dassey and his half-brother Brad Dassey.
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The Arc, the nation’s largest civil rights organization for people with intellectual and developmental disabilities (I/DD) and their families, released the following statement on the news that a judge has overturned the murder conviction of Brendan Dassey:
“This must be a bittersweet ruling for Brendan Dassey and his family. Brendan’s experience has been unique, thanks to Making a Murderer. The documentary revealed to the masses just how easy it is to force a confession from people with intellectual and developmental disabilities.
“My hope is that those following this case will come to realize that our jails and prisons are full of Brendan Dasseys, that false confessions are much more common among those with intellectual and developmental disabilities, and that there is something we can do about it to prevent future injustice.
“Police officers, investigators, attorneys, correctional officers, and others are not adequately trained to identify people who may have an intellectual disability or how to accommodate their needs, and this is especially critical during interrogations. We still have a long way to go to bend the arc of justice when it comes to fair and just treatment of people with disabilities in the criminal justice system. The Arc is committed to revealing the many forms injustice takes in their lives, and working with those in the system to fix it,” said Leigh Ann Davis, Director, Criminal Justice Initiatives.
While people with intellectual and developmental disabilities comprise 2% to 3% of the general population, they represent 4% to 10% of the prison population. Those accused of crimes they did not commit often face the greatest injustice of all, some losing their lives when coerced into giving false confessions. Long before Brendan Dassey’s case hit mainstream media, Robert Perske, respected author, advocate and long-time supporter of The Arc, compiled a list of people with intellectual disability who gave false confessions to begin documenting these otherwise hidden-away cases.
The Arc runs the National Center for Criminal Justice and Disability (NCCJD), the first national effort of its kind to bring together both victim and suspect/offender issues involving people with intellectual and developmental disabilities (or I/DD) under one roof.
NCCJD is a national clearinghouse for information and training on the topic of people with I/DD as victims, witnesses and suspects or offenders of crime. The Center provides training and technical assistance, an online resource library, white papers, and more. The Center created Pathways to Justice,® a comprehensive training program facilitated through chapters of The Arc, which assists officers to both identify disability, and know how to respond in ways that keep all parties as safe as possible. NCCJD is building the capacity of the criminal justice system to respond to gaps in existing services for people with disabilities, focusing on people with I/DD who remain a hidden population within the criminal justice system with little or no access to advocacy supports or services.
Read more about The Arc’s take on criminal justice reform and people with I/DD in our recent blog in the Huffington Post.
The Arc advocates for and serves people with intellectual and developmental disabilities (I/DD), including Down syndrome, autism, Fetal Alcohol Spectrum Disorders, cerebral palsy and other diagnoses. The Arc has a network of more than 650 chapters across the country promoting and protecting the human rights of people with I/DD and actively supporting their full inclusion and participation in the community throughout their lifetimes and without regard to diagnosis.
RELATED:
Federal Judge Overturns Brendan Dassey's 2007 Conviction; Wisconsin's Attorney General Files Appeal to Prevent His Release
Federal Judge Orders Supervised Release of Brendan Dassey
TIMELINE:
On August 12, 2016, Brendan Dassey's 2007 conviction was overturned by a federal judge. U.S. Magistrate Judge William E. Duffin granted Dassey a writ of habeas corpus, arguing that investigators had coerced him into confessing to killing Teresa Halbach alongside Steven Avery, his uncle. The judge’s decision ordered Dassey to be released within 90 days unless prosecutors chose to file an appeal.
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.
On November 15th, Schimel's office filed an emergency motion asking a federal appeals court to stay the release order.
On November 16th, Judge Duffin denied the state's motion to halt release of Brendan Dassey.
On November 17th, the Seventh Circuit Court of Appeals granted the state's appeal to stay Brendan's release on bond, pending resolution of the underlying appeal, which is the state's appeal against Judge Duffin's habeas ruling overturning Brendan's conviction.
On February 14, 2017, Wisconsin’s deputy solicitor general, Luke Berg, argued that Dassey’s confession was not involuntary and that his conviction should be reinstated. Dassey's lead attorney, Laura Nirider, project director of the Center on Wrongful Convictions of Youth at the Northwestern University School of Law, had 20 minutes to say why Duffin’s ruling should be upheld. The oral arguments were heard by a three-judge panel of the Seventh Circuit Court of Appeals. Below is a direct link to the oral arguments:
http://media.ca7.uscourts.gov/sound/external/rs.1001.16-3397_02_14_2017.mp3
One judge in particular asked Nirider if Brendan had an Individualized Education Program, which he should have had at the time of the murder because he was taking special education classes at his high school. Nirider mistakenly said there was not one on record for him.
Uploaded by Free Dassey
Mrs. Kris Schoenenberger-Gros reads various statements from Brendan's IEP (Individualized Education Program) files that indicate his level of comprehension, memory, engagement, eye contact with others.
Defense Witness: Kris Schoenenberger-Gross, Mishicot High School, School Psychologist
Special education in the United States – The EAHCA was later renamed the Individuals with Disabilities Education Act. IDEA requires states to provide special education and related services consistent with federal standards as a condition of receiving federal funds. IDEA entitles every student to a appropriate public education in the least restrictive environment. Parents are supposed to be equal participants in this process. The student's plan, to include the above items, are recorded in a written Individualized Education Program. The school is required to implement an IEP that meets the standards of federal and state educational agencies. Parents have the option of refusing Special Education services for their child. Under IDEA, students with disabilities are entitled to receive special educational services to age 18 or 21. In addition to academic goals, the goals documented in the IEP may address self-care, social skills, physical, vocational training. The placement is an integral part of the process, typically takes place during the IEP meeting. Special education programs at the level are structured upon a cooperative federalism model and therefore governed by both state and federal law. The Court explains: IDEA is frequently described as a model of cooperative federalism. Little Rock School Dist. v. Mauney, 183 F. 3d 816, 830. Board of Ed. of Hendrick Hudson Central School Dist. Westchester Cty. v. Rowley, 458 U. S. 176, 183. For example, the Act mandates reporting between state and federal educational authorities.
