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Brendan Dassey: Wisconsin: 'Making a Murderer."... Bulletin; 'Variety' reports that his recently overturned conviction - false confession of a juvenile case - has been appealed... “We believe the magistrate judge’s decision that Brendan Dassey’s confession was coerced by investigators, and that no reasonable court could have concluded otherwise, is wrong on the facts and wrong on the law,” Attorney General Brad Schimel said. “Two state courts carefully examined the evidence and properly concluded that Brendan Dassey’s confession to sexually assaulting and murdering Teresa Halbach with his uncle, Steven Avery, was voluntary, and the investigators did not use constitutionally impermissible tactics.”..." On Aug. 12, federal magistrate judge William E. Duffin granted Dassey’s petition for a writ of habeas corpus. Duffin wrote that the “misconduct” of Dassey’s court-appointed attorney Len Kachinsky was “indefensible.”Reporter Jacob Bryant;

Next: Warren Abbey: Ontario; Ottawa Sociologist Mark Totten: Defence lawyer's claim that his conviction rests on a gang expert ’s 'false testimony.'..." After the conviction, in an unrelated murder trial, the defence asked the judge to qualify Totten as a street gang expert to rebut the evidence of the Crown’s gang expert, who testified that one of the two defendants was likely a gang member. The prosecutor in that case “uncovered major inaccuracies and discrepancies in (Mark) Totten’s teardrop tattoo evidence. The personal research he said he conducted into gang homicides and the teardrop tattoo was false,” says the factum in the new appeal filed with the court by Toronto lawyers David E. Harris and Ravin Pillay. “If what is now known about Totten’s testimony was known at the time of the (Abbey) trial . . . his evidence would never have been admitted and heard by the jury. Without his evidence, the guilty verdict may well have been different.” The factum includes a summary of the fresh evidence, including examples of “misrepresentation” in Totten’s research, reports he prepared for court and in his testimony. “Every important threshold in the compilation of his personal research has been thoroughly undermined,” says the factum. “Fundamental reliability and credibility problems plague Totten’s evidence both in the general and in the specific. Each step in his statistics has been shown to be based on fabrications,” it says. “The conviction in this case was obtained with the assistance of false testimony which played a significant role in the verdict."
Previous: Harris County Precinct Four Constables Office: (Texas): Bulletin; It is missing; (Ooooops. Apologies to my dear readers. I got it wrong: Precinct Four is still there: It's just that more than 20,000 pieces of evidence are missing. It seems that they have been destroyed. Indeed, The Chronicle reports that the prosecutor's office has already dismissed 142 cases - and more than 1000 others may be affected. Ah well. At least we don't have to look for Precinct Four. HL)..."The revelations brought new light to a Precinct Four evidence room scandal which developed after deputy constables destroyed the evidence from pending cases while trying to clean out the property room."..."This is just a critical part of law enforcement, maintaining the evidence," Anderson said, explaining that she asked Constable Mark Herman to hire an independent auditor to examine his evidence room to try to ascertain the total number of affected cases after the department kept supplying the DA's office with different lists over (sic) of cases with destroyed evidence. The Chronicle;
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"Wisconsin is appealing the overturned conviction of “Making a Murderer” subject Brendan Dassey in relation to the murder of Teresa Halbach. “We believe the magistrate judge’s decision that Brendan Dassey’s confession was coerced by investigators, and that no reasonable court could have concluded otherwise, is wrong on the facts and wrong on the law,” Attorney General Brad Schimel said. “Two state courts carefully examined the evidence and properly concluded that Brendan Dassey’s confession to sexually assaulting and murdering Teresa Halbach with his uncle, Steven Avery, was voluntary, and the investigators did not use constitutionally impermissible tactics.” Dassey, 26, was a teen when he was convicted in 2007, along with his uncle Steven Avery, of murdering Halbach in 2005. Dassey is sentenced to 41 years in prison on charges of first-degree intentional homicide, second-degree sexual assault, and mutilation of a corpse in the Manitowoc County case. He turns 27 on Oct. 19. Dassey’s confession, and the murder of Halbach in general, returned to the spotlight thanks to Netflix’s documentary series “Making a Murderer.” The 10-part show followed him and his uncle Avery’s first conviction, which landed him in prison for 18 years until he was exonerated. He was later accused of murdering Halbach, a photographer who had photographed his car for Auto Trader magazine. On Aug. 12, federal magistrate judge William E. Duffin granted Dassey’s petition for a writ of habeas corpus. Duffin wrote that the “misconduct” of Dassey’s court-appointed attorney Len Kachinsky was “indefensible.”

http://variety.com/2016/tv/news/making-a-murderer-brendan-dassey-overturned-conviction-appealed-1201856323/

See related New York Times story at the link below: 'The 10-part Netflix series by Laura Ricciardi and Moira Demos, released in December, suggested that police investigators unfairly questioned Mr. Dassey, then 16, without a lawyer or parent present. He was portrayed as mentally unfit, and suggested investigators coerced him into a confession. Judge Duffin agreed, saying that the authorities’ conduct was unconstitutional.........The ruling does not directly affect Mr. Dassey’s uncle, Steven Avery, whose conviction was also examined in the documentary series. His new lawyer hopes new forensic testing and evidence could lead to his exoneration.


 http://www.nytimes.com/2016/09/10/us/brendan-dassey-of-making-a-murderer-has-his-release-delayed.html

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