Friday, June 23, 2017

Brendan Dassey: Wisconsin; Significant Development: Appeal court upholds ruling that Dassey's confession in the rape and murder of Teresa Halbach (featured in the Netflix series “Making a Murderer”) was involuntary..."In an Associated Press article, Steven Drizin, an expert on false confessions, Co-founder of the Center on Wrongful Convictions of Youth at Northwestern University, and one of Dassey’s attorneys said, “While these tactics might not have overwhelmed a seasoned criminal or a 30-year-old with a law degree, they clearly overwhelmed a 16-year-old, socially avoidant, intellectually limited (youth) who had never been interrogated by the police before.”..." In the article we get a fascinating glimpse of how officials differ in viewing common interrogation techniques that have contributed to false confessions… “The appellate panel split, with Judges Ilana Rovner and Ann Williams affirming and David Hamilton in dissent. The majority opinion by Rovner said ‘no reasonable court’ could have any confidence that Dassey’s confession was voluntary. It cited ‘the leading, the fact-feeding, the false promises, the manipulation of Dassey’s desire to please’ as among many factors that cast it in doubt. “Hamilton, in dissent, wrote: ‘The majority’s decision breaks new ground and poses troubling questions for police and prosecutors. It calls into question standard interrogation techniques that courts have routinely found permissible, even in cases involving juveniles.’ ” In this writer’s view, the problem with these “standard interrogation techniques,” which we now know risk prompting false confessions, is that they botch attempts to find the truth. This does not serve the interests of victims, defendants, or public safety.":


STORY: "Appeals Court Concurs: Brendan Dassey’s Confession Was Involuntary," by Nancy Petro, published by The Wrongful Convictions log on June 23, 2017.

GIST:  "Yesterday, a three-judge panel of the 7th U.S. Circuit Court of Appeals upheld a federal magistrate judge’s ruling that Wisconsin inmate Brendan Dassey’s confession  The state Justice Department had appealed and will likely seek a review by the 7th Circuit or the U.S. Supreme Court. The state also has the option of retrying Dassey within 90 days. In an Associated Press article, Steven Drizin, an expert on false confessions, Co-founder of the Center on Wrongful Convictions of Youth at Northwestern University, and one of Dassey’s attorneys said, “While these tactics might not have overwhelmed a seasoned criminal or a 30-year-old with a law degree, they clearly overwhelmed a 16-year-old, socially avoidant, intellectually limited (youth) who had never been interrogated by the police before.” In the article we get a fascinating glimpse of how officials differ in viewing common interrogation techniques that have contributed to false confessions… “The appellate panel split, with Judges Ilana Rovner and Ann Williams affirming and David Hamilton in dissent. The majority opinion by Rovner said ‘no reasonable court’ could have any confidence that Dassey’s confession was voluntary. It cited ‘the leading, the fact-feeding, the false promises, the manipulation of Dassey’s desire to please’ as among many factors that cast it in doubt. “Hamilton, in dissent, wrote: ‘The majority’s decision breaks new ground and poses troubling questions for police and prosecutors. It calls into question standard interrogation techniques that courts have routinely found permissible, even in cases involving juveniles.’ ” In this writer’s view, the problem with these “standard interrogation techniques,” which we now know risk prompting false confessions, is that they botch attempts to find the truth. This does not serve the interests of victims, defendants, or public safety. Attorneys Steve Drizin and Laura Nirider indicated they would seek Dassey’s immediate release. He is now 27 and has been serving a life sentence."

The entire post can be found at:

https://wrongfulconvictionsblog.org/2017/06/23/appeals-court-concurs-brendan-dasseys-confession-was-coerced/#more-27418

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;