Post by Jax on Aug 7, 2018 12:22:35 GMT -6
Brendan Dassey’s en banc hearing at the 7th Circuit of Appeals 9/26/17
By Jax West
Before I get into today’s hearing, if you want a refresher on what happened at Brendan’s last hearing at the 7th Circuit on Valentine’s Day, here’s my summary:
freebrendan.org/index.php/2017/02/16/brendan-dassey-oral-arguments-7th-circuit-appeals-february-14-2017/
I had to get up bright & early as I had to go pick up Paul Calusinski cuz he wanted to go to the hearing. His daughter Melissa is currently in prison for being coerced into a false confession for an alleged murder she didn’t commit. Melissa is also represented by Kathleen Zellner. You can get updates on her case on her Facebook page that is run by her family here:
www.facebook.com/groups/740709216037007/
Her case has been on 48 Hours twice. It is called ‘Blaming Melissa’. You can watch it here:
www.cbsnews.com/videos/48-hours-blaming-melissa/
& here:
www.youtube.com/watch?v=PDOYhiYzeTc
You can donate to the Calusinski family here:
www.gofundme.com/PaulandCherylCalusinski
So as you can see, Paul has a big interest in wrongfully accused cases as well as coerced confessions. But he’s also just a really great guy. His family has gone through hell. Paul’s health is not great. Yet he is always there for any other case & will help however he can. We will talk more about Paul & his daughter’s case as well as other cases we advocate for on Saturday:
www.facebook.com/events/284714731932677/
Traffic was horrible so we got there late. But we were still able to get seats in the courtroom. The judges didn’t come in the courtroom until 10:01am. This time it was 7 judges. 4 women & 3 men. I didn’t mark down which judge said what so just bear with me. A judge said that the power was out over the weekend so they didn’t have the podium lights that would indicate when their time was up for speaking. So they would have to pay attention to someone holding up a card on the side of the room. I thought that was odd since the person holding it up was way off to the side so the lawyers at the podium did not have them in their eyesight. But whatever.
The State was up first. The attorney claimed that Brendan confessed cuz his guilt became unbearable. A judge asked but was his confession voluntary? I did not like when the judge said that no one questions the terrible nature of this murder cuz if you have done your research, you know there is no real credible evidence in this case at all.
The judge pointed out Brendan’s age & low IQ. The attorney said that there were 2 paragraphs in Brendan’s confession that were not coerced. The judge said Brendan was given false promises that he would get to go back to class. She said that the testing they do is for competent adults & juveniles are not adults. She said you would need a different test.
Another judge said that Brendan was told 28 times that everything was going to be OK cuz they already knew the truth. The State claimed that Brendan knew anything he said could be used against him. The judge said they acted like his father. She said most people who dismantle a corpse wouldn’t think they would get to go back to school. She doesn’t think he got it.
The attorney said that Barb [Brendan’s Mom] gave permission for them to question Brendan & that she refused to go in the room w them.
A judge brought up how the Reid Technique has been tossed from trainings due to the high risk of false confessions. The attorney said that’s meaningless. The judge was incredulous at that comment. She said this was like a game of 20 questions. Brendan said he cut her hair, slit her throat, punched her until they asked who shot her in the head.
The attorney said that Brendan gave 2 details without being prompted. He said that Brendan is the one that told them that they put Teresa into the back of her truck when she was dead. & that he heard her screaming when he was on his bike. Ummmm. Which theory are you going with buddy? Judge said that everyone knew Teresa was dead by the time they did these interviews with Brendan. She pointed out all the contradictions in Brendan’s statements. She said there is no evidence that Teresa was handcuffed to the bed. The attorney said there were handcuffs in the room. The judge said that is not proof she was handcuffed in there.
A Judge said that the courts are horrified at Kachinsky’s actions. He said he represented the victims. That was a conflict of interest. The attorney admitted that was indefensible. The Judge said Brendan would have been better off pro se then having Kachinsky as his lawyer. The attorney said Kachinsky left the case. The judge said the damage was done by the time he left.
A Judge said you can see the difference in Brendan from when he is left alone or when Barb is in the room from when he is being interrogated. The attorney again asserted that the confession was voluntary. The Judge said Brendan was just guessing. That he was just trying to answer the questions however the interrogators would like. The State said that Brendan resisted answering at least 35 times. Judge said Brendan said he just couldn’t think of it.
A Judge said the interrogators made her skin crawl cuz they were so dishonest with a vulnerable person. The attorney said it was just a minor deception. The Judge said it was a major deception.
The State’s time was up at 10:32am & then Laura Nirider took the podium.
Nirider said they issued a promise of leniency if Brendan said what they wanted. A Judge disagreed. Now I should say here, this is why I call this recap Bad Cop/ Good Cop. The judges attacked the State & now the judges that didn’t speak then attack Nirider.
Nirider said Brendan was told honesty would set him free. Judge said they just encouraged him to be honest & get it off his chest. He said that the interrogators can bluff. Nirider mentioned Brendan’s IQ & said Brendan was just repeating the story that they gave him. The Judge asked what can the interrogators do to solve the crime? Nirider said they shouldn’t say that I am a cop but I am not one now. The Judge said she is creating a new law on Habeas Review & there’s no case that says they can not do those things. Nirider said she’s not asking them to erect a rule. She said Brendan was asking to go back to school. The whole rape was fed to him on 2/27. They asked him if he tried to have sex with her & he said no. They asked him if he put the body in the fire cuz if he did it’s ok. Brendan repeated back the same body parts they asked him if he saw them in the fire. They asked him if he remembered a smell. A Judge said weren’t there tires in the fire & said those don’t smell great.
The Judge asked what about the things not fed to Brendan? Nirider said Brendan said the shooting was by the fire but they switched it to the garage so had him say that. A Judge said that Nirider was arguing the interrogators motive. Nirider said no she’s not. The Judge said so the interrogators needed two killers. Nirider said no they didn’t, they needed the truth.
A Judge asked when the shell casings were found. Nirider said in November 2005. Nirider brought up multiple times that it was obvious Brendan had a low IQ due to him not able to spell many words. Her time was up at 11:02am.
The State got one more shot. A Judge asked him if people never make contradictory statements during interrogations? She said she is not at rest with what Brendan actually knows. The attorney claimed it was clear they were not making him any promises. He said this is the 6th time this case has been reviewed & was trying to brag that most think he is guilty. The Judge said a lot have had issues with it too. The attorney said that you won’t find one case that finds the confession is involuntary. He said they should prevent the second guessing of State Courts.
It was all over at 11:07am. The judges said they would take it under advisement. It could be months before we hear how they rule.
My thoughts? I am not knowledgeable on case law or any of that. But what I do know is Brendan is innocent. What you saw on ‘Making a Murderer’ is who Brendan is today. He is a sweet boy. He is not harming anything. I am disgusted by our legal system that Brendan, Steven, Melissa, Kent & countless others are in prison for crimes they didn’t commit & it takes longer to get them out then it does to lock them up.
I didn’t like the bullshit from the State or the bad cop Judges that try to say you can’t let Brendan go for this cuz there is no prior case like this. So? Right is right & wrong is wrong. Brendan is an innocent boy in prison for what? Cuz the State doesn’t want to admit that the Manitowoc Sherrif’s Department had an issue with Steven Avery so they wanted him locked up & then later didn’t want to pay him the millions rightfully owed him for taking away his life?
I do have to admit that I did not think Nirider did a good job today. She seemed rattled. Or maybe she was just pissed at the Bad Cops. But I do know how much she cares about Brendan & wants him to be out & safe.
I should add that Jerry Buting was there. He was the only person to talk to the press afterwards. I know he has his detractors but he seriously didn’t do it for any spotlight. He cares about Steven & Brendan both. I talked to him for awhile afterwards. He wanted for someone to speak for them. So he did it. Buting believes wholeheartedly in their innocence.
So there you have it. If you want to listen to the hearing for yourself you can do so here:
media.ca7.uscourts.gov/sound/external/rs.16-3397.16-3397_09_26_2017.mp3
If you want to donate to Brendan’s canteen you can do so at:
www.4inmates.com/index.jsp
There is a prison catalog where you can order items for him at:
www.jlmarcuswisconsin.com
You need to select Columbia Correctional Facility in Portage, WI. Then when you check out you need to include his inmate number:
516985
If you want to write to Brendan you can send it to:
Columbia Correctional Institution
Brendan Dassey DOC # 516985
P.O. Box 900
Portage, WI
53901
By Jax West
Before I get into today’s hearing, if you want a refresher on what happened at Brendan’s last hearing at the 7th Circuit on Valentine’s Day, here’s my summary:
freebrendan.org/index.php/2017/02/16/brendan-dassey-oral-arguments-7th-circuit-appeals-february-14-2017/
I had to get up bright & early as I had to go pick up Paul Calusinski cuz he wanted to go to the hearing. His daughter Melissa is currently in prison for being coerced into a false confession for an alleged murder she didn’t commit. Melissa is also represented by Kathleen Zellner. You can get updates on her case on her Facebook page that is run by her family here:
www.facebook.com/groups/740709216037007/
Her case has been on 48 Hours twice. It is called ‘Blaming Melissa’. You can watch it here:
www.cbsnews.com/videos/48-hours-blaming-melissa/
& here:
www.youtube.com/watch?v=PDOYhiYzeTc
You can donate to the Calusinski family here:
www.gofundme.com/PaulandCherylCalusinski
So as you can see, Paul has a big interest in wrongfully accused cases as well as coerced confessions. But he’s also just a really great guy. His family has gone through hell. Paul’s health is not great. Yet he is always there for any other case & will help however he can. We will talk more about Paul & his daughter’s case as well as other cases we advocate for on Saturday:
www.facebook.com/events/284714731932677/
Traffic was horrible so we got there late. But we were still able to get seats in the courtroom. The judges didn’t come in the courtroom until 10:01am. This time it was 7 judges. 4 women & 3 men. I didn’t mark down which judge said what so just bear with me. A judge said that the power was out over the weekend so they didn’t have the podium lights that would indicate when their time was up for speaking. So they would have to pay attention to someone holding up a card on the side of the room. I thought that was odd since the person holding it up was way off to the side so the lawyers at the podium did not have them in their eyesight. But whatever.
The State was up first. The attorney claimed that Brendan confessed cuz his guilt became unbearable. A judge asked but was his confession voluntary? I did not like when the judge said that no one questions the terrible nature of this murder cuz if you have done your research, you know there is no real credible evidence in this case at all.
The judge pointed out Brendan’s age & low IQ. The attorney said that there were 2 paragraphs in Brendan’s confession that were not coerced. The judge said Brendan was given false promises that he would get to go back to class. She said that the testing they do is for competent adults & juveniles are not adults. She said you would need a different test.
Another judge said that Brendan was told 28 times that everything was going to be OK cuz they already knew the truth. The State claimed that Brendan knew anything he said could be used against him. The judge said they acted like his father. She said most people who dismantle a corpse wouldn’t think they would get to go back to school. She doesn’t think he got it.
The attorney said that Barb [Brendan’s Mom] gave permission for them to question Brendan & that she refused to go in the room w them.
A judge brought up how the Reid Technique has been tossed from trainings due to the high risk of false confessions. The attorney said that’s meaningless. The judge was incredulous at that comment. She said this was like a game of 20 questions. Brendan said he cut her hair, slit her throat, punched her until they asked who shot her in the head.
The attorney said that Brendan gave 2 details without being prompted. He said that Brendan is the one that told them that they put Teresa into the back of her truck when she was dead. & that he heard her screaming when he was on his bike. Ummmm. Which theory are you going with buddy? Judge said that everyone knew Teresa was dead by the time they did these interviews with Brendan. She pointed out all the contradictions in Brendan’s statements. She said there is no evidence that Teresa was handcuffed to the bed. The attorney said there were handcuffs in the room. The judge said that is not proof she was handcuffed in there.
A Judge said that the courts are horrified at Kachinsky’s actions. He said he represented the victims. That was a conflict of interest. The attorney admitted that was indefensible. The Judge said Brendan would have been better off pro se then having Kachinsky as his lawyer. The attorney said Kachinsky left the case. The judge said the damage was done by the time he left.
A Judge said you can see the difference in Brendan from when he is left alone or when Barb is in the room from when he is being interrogated. The attorney again asserted that the confession was voluntary. The Judge said Brendan was just guessing. That he was just trying to answer the questions however the interrogators would like. The State said that Brendan resisted answering at least 35 times. Judge said Brendan said he just couldn’t think of it.
A Judge said the interrogators made her skin crawl cuz they were so dishonest with a vulnerable person. The attorney said it was just a minor deception. The Judge said it was a major deception.
The State’s time was up at 10:32am & then Laura Nirider took the podium.
Nirider said they issued a promise of leniency if Brendan said what they wanted. A Judge disagreed. Now I should say here, this is why I call this recap Bad Cop/ Good Cop. The judges attacked the State & now the judges that didn’t speak then attack Nirider.
Nirider said Brendan was told honesty would set him free. Judge said they just encouraged him to be honest & get it off his chest. He said that the interrogators can bluff. Nirider mentioned Brendan’s IQ & said Brendan was just repeating the story that they gave him. The Judge asked what can the interrogators do to solve the crime? Nirider said they shouldn’t say that I am a cop but I am not one now. The Judge said she is creating a new law on Habeas Review & there’s no case that says they can not do those things. Nirider said she’s not asking them to erect a rule. She said Brendan was asking to go back to school. The whole rape was fed to him on 2/27. They asked him if he tried to have sex with her & he said no. They asked him if he put the body in the fire cuz if he did it’s ok. Brendan repeated back the same body parts they asked him if he saw them in the fire. They asked him if he remembered a smell. A Judge said weren’t there tires in the fire & said those don’t smell great.
The Judge asked what about the things not fed to Brendan? Nirider said Brendan said the shooting was by the fire but they switched it to the garage so had him say that. A Judge said that Nirider was arguing the interrogators motive. Nirider said no she’s not. The Judge said so the interrogators needed two killers. Nirider said no they didn’t, they needed the truth.
A Judge asked when the shell casings were found. Nirider said in November 2005. Nirider brought up multiple times that it was obvious Brendan had a low IQ due to him not able to spell many words. Her time was up at 11:02am.
The State got one more shot. A Judge asked him if people never make contradictory statements during interrogations? She said she is not at rest with what Brendan actually knows. The attorney claimed it was clear they were not making him any promises. He said this is the 6th time this case has been reviewed & was trying to brag that most think he is guilty. The Judge said a lot have had issues with it too. The attorney said that you won’t find one case that finds the confession is involuntary. He said they should prevent the second guessing of State Courts.
It was all over at 11:07am. The judges said they would take it under advisement. It could be months before we hear how they rule.
My thoughts? I am not knowledgeable on case law or any of that. But what I do know is Brendan is innocent. What you saw on ‘Making a Murderer’ is who Brendan is today. He is a sweet boy. He is not harming anything. I am disgusted by our legal system that Brendan, Steven, Melissa, Kent & countless others are in prison for crimes they didn’t commit & it takes longer to get them out then it does to lock them up.
I didn’t like the bullshit from the State or the bad cop Judges that try to say you can’t let Brendan go for this cuz there is no prior case like this. So? Right is right & wrong is wrong. Brendan is an innocent boy in prison for what? Cuz the State doesn’t want to admit that the Manitowoc Sherrif’s Department had an issue with Steven Avery so they wanted him locked up & then later didn’t want to pay him the millions rightfully owed him for taking away his life?
I do have to admit that I did not think Nirider did a good job today. She seemed rattled. Or maybe she was just pissed at the Bad Cops. But I do know how much she cares about Brendan & wants him to be out & safe.
I should add that Jerry Buting was there. He was the only person to talk to the press afterwards. I know he has his detractors but he seriously didn’t do it for any spotlight. He cares about Steven & Brendan both. I talked to him for awhile afterwards. He wanted for someone to speak for them. So he did it. Buting believes wholeheartedly in their innocence.
So there you have it. If you want to listen to the hearing for yourself you can do so here:
media.ca7.uscourts.gov/sound/external/rs.16-3397.16-3397_09_26_2017.mp3
If you want to donate to Brendan’s canteen you can do so at:
www.4inmates.com/index.jsp
There is a prison catalog where you can order items for him at:
www.jlmarcuswisconsin.com
You need to select Columbia Correctional Facility in Portage, WI. Then when you check out you need to include his inmate number:
516985
If you want to write to Brendan you can send it to:
Columbia Correctional Institution
Brendan Dassey DOC # 516985
P.O. Box 900
Portage, WI
53901