Wednesday, April 25, 2007

Dassey Guilty

He was convicted of 1st Degree Intentional Homicide, mutilating a corpse, and 2nd degree sexual assault.

Good.  Let’s hope for a very lengthy sentence. 

Interesting that Dassey was convicted of the sexual assault and mutilating a corpse, which Avery was not convicted of.

(21) Comments
Posted by Owen at 2210 hrs
Law + Politics + Politics - Wisconsin

  1. The key to that is the confession of Dassey himself.  It was aired in this trial, it wasn’t in Avery’s. Likely because Avery’s attorneys would have tried to get it thrown out in his trial.

    Without it in Avery’s trial, they had nothing [no physical evidence] to tie Avery to those charges.

    That’s the reality between the two cases.

    Both Avery and Dassey look like they’re going to die in State Correctional Institutes of natural causes.

    Posted by Kevin Binversie on April 25, 2007 at 2235 hrs


  2. Question; is “shiv to the chest” a natural cause?  Somehow I see that in their future (after all, it was good enough for Jeffrey Dahmer and Jesse Anderson).

    Posted by steveegg on April 25, 2007 at 2238 hrs


  3. With these guilty verdicts I think it will be harder for Avery to appeal his conviction unless he now tries to pin the whole murder on Dassey rather than a set up by the Manitowoc police.  The taped confession was never played in the Avery trial but I hope it’s played during his appeal.  NBC news was again reporting that the prosecution offered Dassey a chance to testify against Avery for reduced charges and he rejected it.  This whole family is afraid of Avery and now we all know why.
    I don’t think the Avery family is done yet.  Dassey’s mother is very angry and it’s just a matter of time before more about this murder comes out.  She even blamed Teresa’s family for doing this to her kid.  I believe they have been covering for each other, changing their stories, lying for each other and I hope Manitowoc County looks at perjury charges - especially against Dassey’s brother and cousin who conveniently changed their stories during his trial.

    Posted by .(JavaScript must be enabled to view this email address) on April 25, 2007 at 2306 hrs


  4. Kevin, did you mean that without the confession, they had nothing to tie Dassey to the murder?  For Avery, they had DNA, correct?

    Posted by .(JavaScript must be enabled to view this email address) on April 25, 2007 at 2313 hrs


  5. In all sincerity, this case could draw tears from a stone statue.  Cannot imagine the tearfilled, sleepless nights of the Halbach family.  Pictures of her just portrayed such a joyful, life filled individual.

    Posted by .(JavaScript must be enabled to view this email address) on April 25, 2007 at 2314 hrs


  6. With these guilty verdicts I think it will be harder for Avery to appeal his conviction unless he now tries to pin the whole murder on Dassey rather than a set up by the Manitowoc police. 

    In all likelihood, he can’t do that.  As a general rule, you can’t present a new defense on appeal that could have been raised at trial, but wasn’t.

    The taped confession was never played in the Avery trial but I hope it’s played during his appeal.

    And also as a general rule, you can’t introduce new evidence on appeal that wasn’t in the record at trial.

    Posted by Jed on April 26, 2007 at 0616 hrs


  7. Anon,

    In a matter of fact, to answer your question, probably.  The only physical evidence that was there to tie Dassey to the events was a pair of bleach-stained jeans.

    Meaning that they were likely stained during the clean-up after the crime. That’s why they kept asking him if he knew anything.

    You have to know, a lot about the crime was discovered through talks with Dassey.  It was he who first mentioned a rape occured, it was he who told police where to find evidence they hadn’t found prior to those discussions; and it was he who gave the most chilling account of what happened Halloween 2005.

    Brendan Dassey could have been a hero in all this, instead he’s just another guy in an orange jumpsuit for the rest of his life.

    Posted by Kevin Binversie on April 26, 2007 at 0815 hrs


  8. “Shiv to the chest.”  Steve, you do know the difference between real life and bad movies, right? Grow up.

    Posted by .(JavaScript must be enabled to view this email address) on April 26, 2007 at 0951 hrs


  9. Kevin, that is not a question to which an answer is “probably.”

    Since you didn’t back up your statement, I looked up the record.

    Yes, there was direct DNA evidence on Avery.  So your statement that “without it in Avery’s trial, they had nothing [no physical evidence] to tie Avery to those charges” was just wrong.

    That they both ended up with guilty verdicts is good—but this also means that Dassey’s was a more circumstantial case, with more grounds for appeal.  Just to try to set the record straight on differences between these two cases, before they are confused further on this thread.

    Posted by .(JavaScript must be enabled to view this email address) on April 26, 2007 at 0957 hrs


  10. Jed - thanks for the clarification.  I now have this picture of Avery walking because a retrial will set him free, the jury may look at the evidence differently, and Dassey behind bars for the rest of his life because he confessed.

    Posted by .(JavaScript must be enabled to view this email address) on April 26, 2007 at 1017 hrs


  11. Anon,

    I thought you were talking only about Dassey there. 

    For Avery, there was enough DNA evidence to tie him to the case that’s why his attorneys had to try to attack the Manitowoc Co. Sheriff’s Department, the State Crime lab, and much, much more.

    As for “those charges” I was talking about the sexual assault charges.  There was no physical evidence there, only the confession by Dassey; which was never aired in Avery’s trial.

    Posted by Kevin Binversie on April 26, 2007 at 1050 hrs


  12. Kevin - let me tap into your knowledge.  You are from the Manitowoc area, I’m from NE Wis. so we may get a bit more information on this than other parts of the state.
    After watching Dassey’s mother loose it last night, I believe she is a bomb waiting to explode over her kid going to prison. I remember sometime after the kid confessed seeing her interviewed and telling her brother he will rot in hell for this and she will get him, and I hate you Steven.  Do you remember anything like this?
    I don’t think we are done hearing about these people yet.  I think there is more out there that they know, they have been covering for each other, lying for each other and they will begin to turn on each other.  They are afraid of Steven and probably don’t mind having him go to prison however I think they will try anything to save the kid.

    Posted by .(JavaScript must be enabled to view this email address) on April 26, 2007 at 1216 hrs


  13. Yes, I recall it too.

    The “Steven I Hate You” tirade was last March, right after the confession of her son was taken and Brendan was charged as well. Lord willing, these people will be ostracized in the greater Mishicot area and never heard from again.

    If anything, last night was the actions of an angry and frustrated mother who just saw one of her sons convicted and likely never going to see freedom again.  In a way, it’s understandable, if over-dramatic.

    I doubt she’s a bomb herself, she’s in denial.  The whole clan is if you ask me.

    Posted by Kevin Binversie on April 26, 2007 at 1238 hrs


  14. Kevin - do you think Manitowoc county will go after Brenden’s brother and cousin for perjury?  They changed their stories - lied to the jury at his trial to cover for him.  Or do you think the police will just wash their hands and say we are finished with them.  Personally, I hope they do bring perjury charges against them.

    Posted by .(JavaScript must be enabled to view this email address) on April 26, 2007 at 1306 hrs


  15. The whole family seems to think that judges, the media and scientists all have a bias against them.

    Where have I heard that before?

    Posted by .(JavaScript must be enabled to view this email address) on April 26, 2007 at 1514 hrs


  16. Kneenor,

    I doubt it.  I think the entire Lakeshore area wants to get this episode behind it.  If Ken Kratz (Calumet Co. DA and Special Prosecutor for both trials) decided to file charges, I’d be really, really surprised.

    Let it go; justice has been served.

    Posted by Kevin Binversie on April 26, 2007 at 1535 hrs


  17. This case was a hands down as for the fact if this guy was guilty or not. But please take into consideration the fact that maybe he heard about what happened from his uncle Steve, and thought it would be cool to brag about it, and also add a little to the story and say that he was a part of it. I mean face it, the way the interrogated this child should be illegal. Notice how all you heard from them was “We know what Happened, so tell us the story so you can get this over’. Well, if they knew what happened, why the hell were they making him say what they wanted to hear. Talk about leading a question. Also take in to consideration that this child was basically retarded. I mean it does not take a trained genius to make a retard say what you want then to hear. Like I said, if he is not guilty and was only bragging to make himself look cool, kids have done stranger things, and my heart goes out to him. As for the district attorney, I can tell you first hand that he has sent more than one innocent person to prison, and honestly, he did not care who was wrong ands who was right, his only goal is to win another case because to him, it is all a big game. So do I think the law team did an outstanding job? No, they just took advantage of a retarded child to the limit!!

    Posted by .(JavaScript must be enabled to view this email address) on April 26, 2007 at 1830 hrs


  18. My father grew up in TR & around Mishicot.

    It sounds like that branch of the Averys was never looked upon real well.

    Innocent Victim, you are truly innocent. Please explain why Mr. Dassey then confessed to his mother like he did?

    I am at a loss to explain why his attorneys did not manage to cop some sort of deal. I mean, at a loss aside from incompetence. I do believe Dassey was very poorly represented, but I as is stated above he refused to testify against Steven so - up the river you go.

    Also, Avery can take care of himself in prison he has done so for sometime. However, Dassey is in a world of hurt. I don’t think he is going to be a prime murder target but….

    Posted by Marcus Aurelius on April 26, 2007 at 2215 hrs


  19. My sister-in-law lives in Manitowoc and she too has told me that the Avery clan is not looked upon very well.
    NBC local news had an interview with one of Dassey’s 1st attorneys who was dismissed and he said he tried to get him to cooperate and testify against his uncle for a plea deal.  If I remember the news back then I think the kids mother was pulling his strings and told him to refuse.  The mother also told the kid to tell police he lied in his confession - that was last summer after he had been arrested.  And they had evidence Avery was passing messages to the kid thru other relatives.  The kid said he was afraid of Steven.  Sounds like they (Avery clan) thought Steven might go free and then the kid would be in trouble if he cooperated with police.
    NBC local news also interviewed Avery’s attorney and he said police didn’t show the other interviews before the kids confession which show police offering the kid “incentives” for confessing.  He claims police mis-led and tricked the kid into confessing.
    This kid was not “retarded” he was “slow” which is not retarded.  His school testified that he was in regular classes and only had 1 or 2 special classes.  Basically he was a social mis-fit - his social skills were deficient but that’s not retarded.  Look at the family that raised him.  Is it any wonder the kid had problems fitting in.

    Posted by .(JavaScript must be enabled to view this email address) on April 27, 2007 at 0841 hrs


  20. Kneenor,

    I speculate very much along the lines you do. The phone call to Mom made it very clear Dassey is afraid of Avery. I hope the DOC puts Avery & Dassey into separate facilities because I am sure Avery is the biggest danger to Dassey’s life behind bars.

    It looks very much like the Avery clan made a decision to gamble on sticking with the the fourth or fifth story and it cost Brendan dearly. They were not even smart about it, once the confession came out, once the statement by Barb Tadych railing against Steve for ruining her son’s life they should have kept going in that direction. But no, they decide to say it was all made up and hang tough with that.

    As far as offering incentives for cooperating and disincentives for not cooperating, so? If that bothers a person then they should commit suicide since we are presented with those alternatives on a regular basis. Since when is it bad for prosecutors to offer incentives for cooperation and disincentives for not cooperating?

    Posted by Marcus Aurelius on April 27, 2007 at 1011 hrs


  21. I was watching local NBC the night the verdict came down and they had on Atty. Avie Berk.  One of the questions asked of him was will they house Dassey with other inmates his age or will he be put in general population.  Berk said that decision was up to the warden.  Avery is “prison savey” but this kid is going to be in for a very rough time.
    All we’ve heard from the MSM is how Avery was wrongly convicted of rape and released from prison.  What they don’t mention is that he was serving time for another crime.
    You also don’t here anything about another sexual assault some charged Avery with.  I believe it is an underage relative who claims he assaulted her.  That has dropped off the radar.

    Posted by .(JavaScript must be enabled to view this email address) on April 27, 2007 at 1052 hrs


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