Saturday, 20 January, 2018

Wisconsin AG Plans to Appeal Dassey Decision

Sammy Stanley | 29 June, 2017, 09:01

Brendan Dassey is escorted out of a Manitowoc County Circuit Court room in Wisconsin in 2006. The case was the topic of the documentary series Making a Murderer, broadcast by Netflix.

Wisconsin Attorney General Brad Schimel has indicated he plans to ask the full 7th Circuit Court of Appeals to review Thursday's decision by a panel of three of its judges that called for Dassey to either be retried or freed.

The court described the method used to get Dassey to confess as "death by a thousand cuts", with judge David Hamilton saying the decision "breaks new ground and poses troubling questions for police and prosecutors".

"But it's clearly the correct decision as the court pointed out the Wisconsin state courts didn't look at the specific qualities of Brendan Dassey: his intellectual limitations, and the specifics about him and they totally missed that analysis".

For now, Dassey remains in prison.

In the meantime, Dassey's lawyers said they would again move to have Dassey freed pending further action in the case.

The state Justice Department appealed the ruling to the 7th US Circuit Court of Appeals.

The death of Halbach and the conviction of Avery and Dassey placed Manitowoc County in the national spotlight.

Steven Avery is serving life in prison without the possibility of parole. The series was filmed over a course of 10 years. The state can appeal to the U.S. Supreme Court or retry Dassey.

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At the time of his indictment, Dassey was a 16-year-old sophomore at Mishicot High School with an IQ in the borderline deficiency range.

Dassey's uncle, Steven Avery, is in the process of appealing his own conviction. The two then burned her body, Dassey told detectives.

She is also accusing the state of four violations based on the Supreme Court case Brady v. Maryland, a 1963 ruling that requires prosecutors to turn over exculpatory findings that could exonerate defendants. He initially said that he only helped Avery clean some fluid from the garage floor.

Although JoEllen Zipperer was inconsistent about the time Teresa Halbach arrived, Zellner claims wireless records and cell phone data show Teresa left Avery's and visited the couple after 2:40 p.m. His decision also suggested he had "significant doubts" concerning the reliability of Dassey's confession.

Dassey's attorneys said the ruling took their client one step closer to freedom.

The judges added: "Whenever Dassey reported a fact that did not fit with the investigators" theory, he was chastised and told that he would not be "okay' unless he told the truth".

Now a vital piece of information regarding Dassey has surfaced which could give a new outlook on the entire case.

"We are evaluating the 2-1 decision from the court", said Johnny Koremenos, director of communications and public affairs for the Wisconsin Department of Justice. Let me know in the comments!

Dassey is represented by attorneys Laura Nirider and Steven Drizin of the Center on Wrongful Convictions of Youth.

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