Convoluted Brian

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The Importance of Understanding

The Dassey Confession – Part One – Background

On the 2nd of March, 2006, a press conference about the Teresa Halbach murder case was given by the Special Prosecutor Ken Kratz. Kratz announced that Steven Avery’s nephew, Brendan Dassey had confessed to taking part in the murder and then launched a very detailed rehash of the confession. As he recounted gruesome details, investigators were on the scene with search warrants to discover evidence revealed in the confession.

Brendan Dassey was a sixteen-year-old sophomore at the Mishicot, Wisconsin High School. He was a special education student with an IQ of 75. His cognitive ability, long term memory retrieval, and verbal ability were below average. His short-term memory was well below average.

The interviews with Dassey took place from November, 2005 to March, 2006 and took place in Marinette County and in Manitowoc County. Soon after the arrest of Steven, fingerprints and DNA were taken from various members of the Avery family, but not from Brendan.

The Marinette County interviews of Brendan occurred on two different dates and in two remarkably different physical surroundings.

The first was conducted after a Marinette County investigator stopped and impounded the vehicle in which Brendan was a passenger. According to court documents, Brendan first denied seeing Halbach, then admitted to seeing Halbach (and Avery) outside Avery’s trailer. This was on 6 November, 2005.

On 10 November, 2005, Brendan Dassey was again interrogated by a Marinette County investigator and a state special agent. He added to his prior statement that he saw Halbach get into her vehicle. Brendan stated he saw a fire in the Steven Avery fire pit the next day or the day after. At that time he helped Steven with the fire.

The next interview occurred several months later in Manitowoc County. On 27 February, 2006, shortly after noon, Brendan was removed from his classroom and placed in a conference room to be interviewed by a Calumet County Investigator Mark Wiegert and State Special Agent Tom Fassbender. Fassbender informed Dassey that he was not under arrest and he was free to leave. No Miranda warning was given.

At this interview, investigators began talking to Dassey to the effect that he had participated in the crime and that he was feeling bad about what happened. The two went on to promise Dassey help if he were honest.

When Dassey began talking about the crime, the investigators prompted him with statements like ‘tell the truth, and ‘be honest.’ This was a method of steering Dassey to a desired confession. There was no ad litem present nor, was parental permission given for this interview. At the end of this interview, Dassey provided a written statement subjected to review by the investigators.

Dassey was then partially mirandized, and returned to class. The investigators said they would call his mother. During this interview, they told Brendan not to tell his grandparents about his statements.

At 3:00 P.M. that day, Dassey was again taken to the conference room, this time with his mother, Barb Janda, present. It is not clear if Janda was appraised of her son’s rights or advised of possible consequences for any statement. The two agreed to go to the Two Rivers Police Department for another interview. The mother felt she did not need to be in the interview room. The son was characterized as indifferent by investigators. Dassey was given Miranda warnings at this time.

After this interview, Barb Janda and Brendan Dassey were treated to a night at the Fox Hills Resort in Mishicot. The two left the resort the next morning. The purpose of investigators placing these two in the resort is not known. Nor is it known what materials the investigators placed in the room.

Yet, another interview took place on March 1, 2006; this time at the Manitowoc County Sheriff’s Department. The investigators placed Dassey in their car, gave him a Miranda warning. On the way to the Sheriff’s Department, they stopped at his home to pick up a pair of jeans with bleached areas. The trip from Mishicot High School to the Manitowoc County Sheriff’s Department took thirty-eight minutes.

This interview was taped. The investigators then told Dassey that they knew everything and that his mother believed he was involved. They proceeded to promise Dassey favorable treatment if he confessed. At this point, Dassey stated the Halbach vehicle was in the garage. Investigator Wiegert prompted him about how Halbach’s body got into the back of the Jeep. After repeated prompting, Brendan Dassey gave details about rape, murder, and disposal. Brendan’s mother was not present although she gave permission for the interview.

Dassey’s attorney, Leonard Kachinsky, moved to have the confession suppressed. The basis of the request was that the confession was obtained involuntarily and that Dassey lacked understanding of the procedure.

The hearing on this motion took place on 4 May, 2006 in Manitowoc County.

by Brian McCorkle
posted on 23 June, 2006 at 15:54 pm
in category Brendan Dassey

The investigators extracting the confession called their meetings with Dassey interviews. But, the intent of the interviews was to get a confession. That makes them interrogations.


Dassey Audio, Video, and Transcripts

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