Court Upholds Overturned Conviction of Suspect in Netflix's 'Making a Murderer'

Steven Avery

The confession of a Wisconsin inmate featured in the Netflix series Making a Murderer was improperly obtained and he should be retried or released from prison, a three-judge US federal appeals panel ruled.

At issue for the federal judges was a statement used by investigators: "honesty is the only thing that will set you free".

Prosecutors say they'll seek to reverse an appeals court decision that the Brendan Dassey was sentenced to life in prison in 2007 in photographer Teresa Halbach's death on Halloween two years earlier.

The judges added: "Whenever Dassey reported a fact that did not fit with the investigators" theory, he was chastised and told that he would not be "okay' unless he told the truth". Dassey later recanted the confession. Judge Hamilton said that the decision "breaks new ground and poses troubling questions for police and prosecutors". The corpus delicti does not point inexorably to Dassey.

A three-judge panel from the 7th Circuit on Thursday affirmed the lower court and said Dassey should be freed unless the state chooses to retry him. The state can appeal to the U.S. Supreme Court or retry Dassey. "We continue to send our condolences to the Halbach family as they have to suffer through another attempt by Mr. Dassey to re-litigate his guilty verdict and sentence".

November 14, 2016: A judge rules that Dassey should be released while prosecutors appeal the decision that overturned Dassey's conviction. As Making the Murderer argued, Duffin's ruling was based on how Dassey seemed to give his confession to the 2005 murder of Halbach involuntarily. The court described the method used to get Dassey to confess as "death by a thousand cuts".

WBAY spoke with Bob Dvorak, an attorney who's been part of Dassey's post-conviction team. "I don't think the Supreme Court will even take up the case". "For the first time, this decision brings the end of that road in sight".

YouTube's new VR180 format makes virtual reality easy to create
VR180 videos will simply presented as flat and stretched a bit so users won't have to actually move around to see the whole video. Easy to use, no need to have expertise in editing, or how you need to move your camera for best imagery and videography.

"We are evaluating the 2-1 decision from the court".

During one of the interviews, for example, Wisconsin Department of Justice Special Agent Tom Fassbender said: "Mark and I, yeah, we're cops, we're investigators and stuff like that, but I'm not right now. But this is a better route to take than determining whether or not there should be a pardon or not", Gov.

In overturning the conviction, Duffin ruled that investigators made "repeated false promises" that, "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". Dassey told detectives he helped his uncle, Steven Avery, rape and kill Halbach.

Kathleen Zellner in June filed a 1,300-page motion laying out her argument for why her client deserves a new trial.

Authorities who worked on the cases insisted the documentary is biased.

Avery trial attorney Jerry Buting tweeted, "Hurrah!"

The appellate panel split, with Judges Ilana Rovner and Ann Williams affirming and David Hamilton in dissent.

Related:

  • USA military community in Japan offers support after USS Fitzgerald tragedy

    The two Navy leaders were struck by stories of heroism and sacrifice, both by the sailors aboard and their families back home. Navy divers found the bodies of seven in the listing ship after it returned to a USA base in Yokosuka, Japan.
    Wrexham Glyndwr University Presented With Silver Award in Teaching Excellence Framework

    Wrexham Glyndwr University Presented With Silver Award in Teaching Excellence Framework

    Preston's College and the University of Cumbria have the bronze accolade for meeting "rigorous national quality requirements". Wrexham Glyndwr University has received a Silver award for the quality of its teaching in a prominent new academic ranking.

    ISIS blows up historic Mosul mosque

    Isis say that the USA was responsible for the bombing that destroyed the mosque, according to Amaq, the group's news agency. ISIS , through its news agency, blamed U.S. warplanes for the loss of the Great Mosque of al-Nuri and its minaret.
  • 'I was frozen': Cosby accuser says she was drugged, groped

    'I was frozen': Cosby accuser says she was drugged, groped

    Los Angeles lawyer Angela Agrusa has spent a painstaking hour going over Andrea Constand's old phone records. At another point, Cosby invited her back to his home to talk about Temple basketball and about her career .
    Gennady Golovkin: Mayweather vs. McGregor is Big Business, Not Boxing

    Gennady Golovkin: Mayweather vs. McGregor is Big Business, Not Boxing

    I mean, it's like having the Super Bowl and then three weeks later the World Series takes place, the final game. Conor with Floyd is show - business show or a amusing show, or for somebody's interest show, not for us.
    Nadal Wins 10th French Open, Makes Tennis History

    Nadal Wins 10th French Open, Makes Tennis History

    For me the nerves, the adrenaline I feel when I play on this court is impossible to compare to another feeling. Even Wawrinka applauded that one. "Rafa, I have nothing to say-you were too good", said third seed Wawrinka .
  • Prosecutors propose swapping Messi's jail time with fine in tax fraud case

    Prosecutors propose swapping Messi's jail time with fine in tax fraud case

    The maximum fine would be around €255,500 on top of a almost €2 million fine handed down as part of last year's sentence. As well as the jail terms, the Barcelona star and Argentina global was fined about €2m and his father €1.5m.
    Tropical Storm Cindy forms in Gulf of Mexico

    Tropical Storm Cindy forms in Gulf of Mexico

    He said the Escatawpa River, at 15 feet (4.5 meters), would typically be lower than 3 feet (1 meter) at this time of year. Tropical Storm Bret is also chugging through the eastern Caribbean, lashing the island nations there with rain and wind.
    United Kingdom  chancellor, BoE chief stress Brexit perils

    United Kingdom chancellor, BoE chief stress Brexit perils

    Mr Davis said Britain's negotiating position had not changed as a result of his Conservative Party's poor showing in recent elections.
  • Trump signs VA reform bill, completes campaign promise

    Trump signs VA reform bill, completes campaign promise

    Trump said , saying "we are just getting started" on major changes to the VA, one of his central campaign promises in 2016. It will help ensure our military men and women receive the quality health care they deserve.

    Blackhawks Rumors: Chicago Makes Pair Of Trades, Could Deal Hossa's Contract

    The 30-year-old Hjalmarsson had spent his entire 10-year career with Chicago, helping the Blackhawks to three Stanley Cup titles. Panarin was due to be a restricted free agent this summer, but signed a bargain two-year deal worth US$12 million in December.

    Microsoft Xbox One X Price Confirmed: Does The Pricing Meet Customers' Expectation?

    Xbox One X is a book of tales containing the same old stories only this time published on a watercolor paper. Other features include a 4K UHD Blu-ray disc player, as well as 4K gaming support and VR headset support.

Comments

Latest news

Amateur Radio Field Day
Jones said amateur operators represent all walks of life, and his club boasts a membership that ranges in age from the 20s to 90. The Fort Madison Amateur Radio Club will participate in a nation-wide, 24-hour emergency preparedness drill starting at 1 p.m.

Josh Peck Reportedly 'Hurt' by Drake Bell's Wedding Tweets
The former co-stars, however, had a mini-reunion on screen in 2016, when Bell was a guest on Peck's show " Grandfathered " on Fox. In another now-deleted tweet , Bell wrote "I'll miss ya brotha", also posting a pic of himself and Peck during happier days.

Pak: 10 killed in twin explosions in Shia dominated Parachinar
TV pictures at the scene of the blast showed debris scattered across a wide area as security officials secured the site. The first explosion occurred in Akbar Khan Market, where a bus terminal is also located, during rush hour in the market.

Obama Authorized Cyberstrikes Against Russia Through Secret Program That Continues Under Trump
President Vladimir Putin's spokesman, Dmitry Peskov, said Wednesday that the US move wasn't constructive and warned of possible retaliation.

Modern Warfare Remastered to See Standalone Release at Exceptional Price
The graphics are ready to impress, and should live up to what you are used to on the Xbox One, PS4 and current gaming PCs. Modern Warfare had some memorable missions, such as "All Ghillied Up", "Charlie Don't Surf", and "Crew Expendable".

Manslaughter charges eyed in deadly Grenfell Tower blaze
The London Metropolitan Police is considering filing criminal charges against the company, including manslaughter charges. Documents and materials have been seized from a number of organisations as part of this process, the police said.

It's curtains for Google Play predecessor Android Market app store
From June 30, 2017, users having Android 2.1 and below will no longer be able to access or install apps from the Android Market . What that exactly means is open to interpretation, but at least it looks like Google isn't completely abandoning it just yet.

Google honors filmmaker Oskar Fischinger with new Doodle
Soon he started experimenting with colored liquids and three-dimensional modelling materials such as wax and clay. Today's Doodle aims to pay homage to him, while allowing users to compose their own visual music.

Trump disputes Russian interference in 2016 election
Last year, reports circulated that hackers had targeted the voter registration systems in the states of IL and Arizona. He also questioned why the Obama administration did not more forcefully address the DNC hack.

Los Angeles County deputies fatally shoot male suspect
Officials responded to a noise disturbance at around 3:40 a.m. after someone complained about a loud party. The deputy bitten by the pit bull was also hit in the leg by a bullet fragment, the sheriff's office said.

Fed: Biggest US banks strong enough to withstand recession
That phase is closely watched by shareholders because it dictates whether lenders can increase dividends and buy back stock. The Federal Reserve uses its own independent projections of losses and incomes for each firm.

How the 'Wonder Woman' box office gross compares to other superhero movies
It's possible WB wasn't ready for the film's success, as initial tracking reports had it opening to $ 65 million domestically. After conquering the global box office with an opening of 223 million Dollars , a " Wonder Woman " sequel is inevitable.

Man killed woman, then himself on Chicago Skyway
Police say the shooting, heard around 4:10 a.m.in the 8800 block of the southbound expressway, appeared to be a murder-suicide. Pena, 30, got out of the auto while it was still moving, and fired several shots at Fischer, striking her in the body.

McIlroy looks to regain momentum at Travelers
The American Ryder Cup star, dubbed the "American Eagle" by many, is back on the right track after losing it for a little bit. He has turned that around, finishing in the top 20 three times in his last five starts and also posting a 22nd in that span.

Two more wins for Team NZ
With the Qualifiers victory, the defending champion starts the Match on 0 points, while Team New Zealand is on -1. Oracle needs to win seven races. "We've shown we can respond and that's exactly what we plan to do".

Other news