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Brendan Dassey (Making A Murderer) has release blocked by Federal appeals court
- Thread starter ElectricBlanketFire
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tycoonheart
Member
Maybe you should watch it.
Audioboxer
Member
I don't like to be that guy, but I'll be that guy. Let me stop you there
lol. In all honesty give it a watch if you want to answer your own question! At the very least you'll understand why people are questioning things.
old manatee
Banned
Avery deserves to be set free just as much as Dassey. That investigation and trial were dirty. There is no way you can find someone guilty beyond a reasonable doubt under those circumstances.
Skellig Gra
Member
Friendly advice. Best not to comment on something you have no idea about. Just watch the series and come back.
A Link to the Past
Banned
Seriously. If I was 99% certain of Avery's guilty, I would call for him to be released due to the very sleazy behavior. The guilty go free before the innocent go to prison.
Polishin8r
Member
Sad wtf
FWIW, that is the common legalese used in such motions. Those words/phrases make up the very elements necessary for detainment. Ultimately, the court of appeals will decide whether to uphold, reverse or remand the decision of the lower court but the state gets a chance to appeal within 90 days of the ruling as a matter of law. Hopefully this whole ordeal will be resolved soon.
That said, this whole case has been absolute travesty. A competent attorney would have saved Brendan from the get go.
Audioboxer
Member
You're right. It's just we have so much of a breakdown in confidence of said legal system in this instance, even if it is textbook legal speak it still adds insult to injury overall.
"I have no idea what I'm talking about, yet I still make uninformed opinions, based on tales from my ass".
Lev
Member
Everyone knows that Brendan's confession was clearly fabricated and coerced. The interrogation tapes clearly show this. The supreme court should release Brendan and let this controversy die. They are only making their state look more corrupt, shitty and evil by dragging this injustice further.
You could make the same arguments about his conviction that was overturned.
He was also recognized guilty because of his confession to his mom on the phone (oh, and from his cousin's confession of a conversation about a body). (I thought the cops' tapes weren't brought in as evidence but I think it might've been for Avery's case)
That's why it is being appealed by the state, right now. Dassey is probably innocent, but a jury found him guilty and you can't have a judge come in and say "nah he's alright" without proving why he is not guilty. Alternatively, that's why we can't have a judge say "Nah he's guilty" even if he can't prove he is.
That's where they're at right now.
That's a bit of a poor way to represent it: The judge isn't saying he's not guilty, the judge is saying that his entire conviction was a farce. Which it was. Whether he did it or not (I don't think he did, but it's not important to this), I think it's impossible to have watched the series and not have seen just how completely fucked and unjust the legal process around this conviction was.
Skellig Gra
Member
That's not really what happened. It's not about evidence it's about misconduct.
It doesn't have to be a grand conspiracy, just a few incompetent people and just one tilting the scale. Just take Dassey and how his attorney was working with the DA to get him as a witness for Steven's trial. That's an undeniable fact, and that went along with the judge that didn't dismiss him because Dassey being intellectually impaired wasn't able to explain what was happening, but even then with the unsupervised interrogations it should've have happened.
You also have the keys and bullet which were also planted , so that raises question about every other evidence, with the only DNA one linking him is the blood in the car, but with no finger prints and the sample evidence having being tampered and taken some with a needle, just have the patrolman involved in the lawsuit squirt some in one of his unregistered visits
Then you have the bizarre way which the remains were burned in 3 different places, the car not being crushed, no motive, no murder weapon and conflicting witness accounts
He's no angel but his character isn't what is on trial, and I'm sure separating from a man that is in jail won't end up things in the most amicable way. And if we are going to talk about one's character, what about the DA being a sex offender while covering his back preemptively with the judge.
With all of that you don't find there is some reasonable doubt? Especially with the way the jurors might've been swayed according to one of them?
Make you wonder.
They really, really don't want this guy let out do they?
But why?
Why go to all this effort to keep this guy behind bars if there is nothing to hide?
Dassey should never have been locked up in the first place. His coerced confession was one of the most illegal things I have ever seen. How that didn't get the case thrown out I don't know.
They really, really don't want this guy let out do they?
But why?
Why go to all this effort to keep this guy behind bars if there is nothing to hide?
Dassey should never have been locked up in the first place. His coerced confession was one of the most illegal things I have ever seen. How that didn't get the case thrown out I don't know.
RustyNails
Member
Even not examining Avery for a moment, there is incredible amount of fuckery that went on that was easily a grounds for a retrial. Officer Colburn finding Teresa's Rav4, Mike Halbach logging into his dead sister's phone and deleting voicemails, thin as fuuuck alibi from the Dassey stepdad and brother, and most importantly the new lawyer saying that all the evidence she examined is leading to someone who isnt avery.
RustyNails
Member
Have you been following the case? Dassey is the key to prosecution's case. Without Dassey their case against Avery falls apart.
If you hang your case on the illegal coerced confession of a mentally handicapped boy, you deserve to get it thrown out.
plagiarize
Banned
Everyone deserves a fair trial and due process, even the guilty.
Whether Steven was guilty or not, he more than anyone else should have been afforded this and he wasn't.
The police and justice system refused to admit they got it wrong with Steven when it was proven without any question that he was innocent. They aren't going to stop going after Brendan either when there are more reasons to question his innocence here.
But he was not given a fair trial, so he should not be serving time.
When the police fuck up, their fuck ups shouldn't be glossed over to ensure the presumed guilty go to jail just the same as if the conviction was based on an illegally performed search.
If you don't get a fair trial you walk. That standard is there to ensure that the legal system gives everyone a fair trial. Ignoring it is a path to wrongful convictions like Steven's first and to corruption like we saw in the DA who did everything he could to put these two behind bars.
I calied this version of events. They will never let it go.
Whether Steven was guilty or not, he more than anyone else should have been afforded this and he wasn't.
The police and justice system refused to admit they got it wrong with Steven when it was proven without any question that he was innocent. They aren't going to stop going after Brendan either when there are more reasons to question his innocence here.
But he was not given a fair trial, so he should not be serving time.
When the police fuck up, their fuck ups shouldn't be glossed over to ensure the presumed guilty go to jail just the same as if the conviction was based on an illegally performed search.
If you don't get a fair trial you walk. That standard is there to ensure that the legal system gives everyone a fair trial. Ignoring it is a path to wrongful convictions like Steven's first and to corruption like we saw in the DA who did everything he could to put these two behind bars.
I calied this version of events. They will never let it go.
It really doesn't. They didn't even use Dassey's testimony.
That's what I'm saying, though ; the judge, Duffin, wasn't able to prove that there was misconduct, hence the appeal from the state.
Similar cases have happened where a minor confessed to a crime in similar circumstances.
http://www.stevenaverycase.org/wp-c...-Habeas-Corpus-Decision-and-Order.pdf#page=64
Only one of those case got successfully appealed. The judge wasn't able to prove that he was indeed forced to wrongfully confess by the officers at that time, that's why the state was able to go into an appeal.
Now, I'm not saying that this is all right and dandy though. I firmly believe Dassey is innoncent.
However, I can imagine how hard and difficult it must be for a member of a jury to look at the evidences (the phone call, Dassey's multiple confessions matching with elements of the crime, his cousin's conversation, bleach on his jeans) and admit that he is indeed not guilty.
They didn't have the luxury of watching a really well done documentary, too. How terrible it might seem to us, that's why we have the justice system in place to make those decisions for us, and right now, it seems like the justice can't prove that Dassey didn't willfully confess to a crime.
And until we really find the real circumstances of that crime and that he wasn't involved at all, he'll probably stay behind bars.
Clockwork
Member
They could but what sense does it make? They can't use the confession and that is all they really had.
TangoAlphaLima
Member
Doubtful they'd want to use the resources to do so, but you never know.
Well, I hope he gets out. God, what a mess. Poor guy.
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