From the federal courts decision– the judges wrote:
“State courts unreasonably found that the investigators never made Dassey any promises during the March 1, 2006 interrogation. The investigators repeatedly claimed to already know what happened on October 31 and assured Dassey that he had nothing to worry about. 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. The Wisconsin Court of Appeals’ decision to the contrary was an unreasonable application of clearly established federal law.”
“It is true that neither federal law nor the United States Constitution requires that the police even inform a juvenile’s parents that the juvenile is being questioned or honor a juvenile’s request that a parent or other adult (other than a lawyer) be present during questioning… Not only did Dassey not have the benefit of an adult present to look out for his interests, the investigators exploited the absence of such an adult by repeatedly suggesting that they were looking out for his interests,” Duffin wrote. “Moreover, Dassey’s borderline to below average intellectual ability likely made him more susceptible to coercive pressures than a peer of higher intellect.”
State has 90 days to appeal.
My work in Steven Avery /Brendan Dassey is centered around the very wrong use of publicity by Wisconsin prosecutors to make Brendan Dassey to appear as a “monster”, all with nothing more than a coerced confession and wild inflammatory theories from the state-licensed conspiracy theorists themsleves — otherwise known as prosecutors.
Practices condemned by the ABA. Both by Ken Kratz and Michael Griesbach whose book “Innocent Killer” we outed as a publicity scam in the guise of a true crime novel — replete with factual errors in favor of bogus prosecutor theories.
Griesbach has new book calling Avery “indefensible” Ironic the judges called Kachinski Indefensible — right? They get it.
Read more articles on the case here.
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Thanks DK Sale