CHICAGO (WBAY) - Brendan Dassey is not getting out of prison anytime soon. In a split 4-3 ruling Friday, the 7th Circuit Court of Appeals denied his appeal, refuting a lower court ruling that said Dassey's confession was coerced.
Fifteen months ago a federal court in Milwaukee overturned Dassey's conviction that he murdered Teresa Halbach in 2005 with his uncle Steven Avery.
Dassey was 16 when Halbach was killed. Court records show he also had an IQ of 74 and was taking special education classes in high school.
U.S. Magistrate Judge William Duffin said repeated false promises by detectives, when considered with other factors like Dassey's age, intellectual deficits and the absence of a supportive adult, led him to determine that Dassey's confession was involuntary under the U.S. Constitution.
The appellate court addresses these issues, agreeing those "factors would tend to support a finding that Dassey's confession was not voluntary."
But the majority ruling points to other factors that the confession was voluntary: Speaking with investigators freely, understanding the Miranda warnings, having his mother's consent.
"Dassey provided many of the most damning details himself in response to open-ended questions. On a number of occasions he resisted the interrogators' strong suggestions on particular details."
While there are times during the police interview Dassey seems to be guessing what he thinks detectives want to hear, the ruling says, there are other times he holds firm, such as knowing Halbach didn't have a tattoo on her stomach when police tested his suggestibility by saying she did.
The majority ruling states, "Whether Dassey's confession was voluntary or not is measured against a general standard that takes into account the totality of the circumstances."
The dissenting opinion takes 30 pages of the 70-page ruling.
In her dissent, Judge Ann Claire Williams writes in part, "No reasonable state court, knowing what we now know about coercive interrogation techniques and viewing Dassey's interrogation in light of his age, intellectual deficits, and manipulability, could possibly have concluded that Dassey's confession was voluntarily given.... His confession was not voluntary and his conviction should not stand, and yet an impaired teenager has been sentenced to life in prison. I view this as a profound miscarriage of justice."
In a statement to Action 2 News, Wisconsin Attorney General Brad Schimel wrote, "I’m gratified that the United States Court of Appeals for the Seventh Circuit reversed the district court’s grant of habeas. Today’s decision is a testament to the talent of the attorneys at the Wisconsin Department of Justice who have worked tirelessly to deliver justice for the family and friends of Teresa Halbach over the last decade."
Laura Nirider and Steven Drizin of the Center on Wrongful Convictions of Youth were on Dassey's defense team for his appeals. Nirider gave this statement to Action 2 News for both of them:
We are profoundly disappointed by the decision of four judges of the United States Court of Appeals for the Seventh Circuit to reverse two prior decisions and deny relief to Brendan Dassey. Like many around the globe, we share the view of the three judges who wrote, in dissent, that today’s ruling represents a “profound miscarriage of justice.” We intend to continue pursuing relief for Brendan, including through a petition for certiorari to the United States Supreme Court.
Today’s ruling contravenes a fundamental and time-honored position of the United States Supreme Court: interrogation tactics that may not be coercive when applied to adults are coercive when applied to children and the mentally impaired. Indeed, when such tactics are applied to vulnerable populations, the risk of false confession grows intolerably. Unfortunately, this time-worn lesson was ignored today by four judges in the case of Brendan Dassey. We at the Center on Wrongful Convictions of Youth are committed to continuing to fight on behalf of Brendan and others like him to prevent future miscarriages of justice.
Trial lawyer Jerome Buting tweeted "The illusion of justice continues with the horrific decision of 4 judges."
The Illusion of Justice continues, with the horrific decision of 4 judges on 7th Cir. to uphold Brendan Dassey's conviction. Dissenting Judge Wood proclaims: "Dassey will spend the rest of his life in prison because of the injustice this court has decided to leave unredressed."— Jerome Buting (@JButing) December 8, 2017
Kathleen Zellner, who is Avery's attorney in his latest appeal, tweeted Friday afternoon: "Seventh Circuit rules against Brendan Dassey. No one promised this would be easy." She added the hashtag #Onward.
Dassey is currently serving his sentence at Columbia Correctional Institution in Portage.