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Heated Exchanges as Attorneys Present Arguments in Dassey Appeal

TRACY SYMONDS-KEOGH
Brendan Dassey during his trial in 2007.

Emotions ran high, as federal judges in Chicago heard arguments Tuesday in an appeal that could result in Brendan Dassey going free.

In 2007, when Dassey was a teen, he was convicted of helping his uncle, Steven Avery, rape and kill Teresa Halbach at the Avery family’s salvage yard in Manitowoc County.

Dassey and Avery were featured in the Netflix documentary Making a Murderer.

The court Tuesday re-heard an appeal of a judge’s ruling, which overturned Dassey’s conviction. There were heated exchanges between attorneys on both sides – and judges on the court.

Last summer, a federal judge threw out Brendan Dassey’s 2007 conviction in the death of Teresa Halbach. The judge ruled that authorities coerced Dassey – who was 16 and had cognitive problems – into confessing to the crime.

A three-judge panel of the 7th Circuit Court of Appeals in Chicago upheld the judge’s ruling. Now the full court is reviewing the appeal, at the request of Wisconsin Attorney General Brad Schimel.

On Tuesday, Schimel's Deputy Solicitor General, Luke Berg, had 30 minutes to explain why Dassey’s conviction should be reinstated. As Berg outlined his arguments, judges repeatedly interrupted him, challenging him.

“Investigators warned Dassey specifically, ‘we can’t make any promises,’ very early on. The Miranda warnings warned Dassey, anything you say can be used against you,” Berg said.

Judge Ann Williams told Berg that when she watched the video of Dassey's interrogation, she observed detectives buddying up to the teen.

“When you look at the language they were using in terms of saying they’re fathers. They’re saying we’re cops and stuff like that but I’m not right now. I’m a father who has a kid your age too and I would like nothing more than to come over and give you a hug because I know you’re hurting, talk about it, I promise I will not leave you high and dry,” Williams said.

Williams told Berg she found it troubling, that detectives repeatedly suggested that all Dassey had to do was confess and everything would be alright. But Berg insisted that the detectives acted legally during the interrogation.

“Courts have consistently held that minor lies about what they know is not coercive, they’ve held that vague assurances are not coercive, fatherly manner is not coercive,” Berg said.

When Berg's 30 minutes were up, it was Dassey attorney Laura Nirider’s turn to explain why she thinks Dassey should go free. Again, judges jumped in frequently, to challenge her.

“There was a very specific and concrete promise of leniency made in this case. Honesty will set you free, is what they told him,” Nirider said.

Judge Diane Sykes, a former Wisconsin Supreme Court justice, dismissed Nirider’s claim.

“There was no promise of leniency, there were vague assurances at best. Even with an intellectually challenged 16 year old, there were no assurances or promises, there has to be a concrete, fraudulent promise of leniency for it to bear on the voluntariness of a confession,” Sykes said.

Chief Judge Diane Wood also weighed in, saying she observed detectives manipulating Dassey during the interrogation.

“The investigators made my skin crawl, watching this video, this lulling behavior that they conveyed which was so dishonest, with such a vulnerable person,” Wood said.

The judges didn't make a decision about whether Dassey should be freed -- or if his conviction should be reinstated. Rather, they took the attorneys' arguments under advisement.

Next, the court will issue a written decision. The process could take a few months. In the meantime, Dassey continues to serve his life sentence at a state prison in Portage.

Marti was a reporter with WUWM from 1999 to 2021.
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