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Lecture on Brendan Dassey's Case and False Confessions

Jul 2, 2024

Lecture on Brendan Dassey's Case and False Confessions

Introduction

  • Speaker: Steve Drizen, Assistant Dean of the Bloom Legal Clinic and Co-Founder of the Clinic Center on Wrongful Convictions of Youth.
  • Purpose: Discussing Brendan Dassey's case as portrayed in the Netflix series ā€œMaking a Murderer.ā€
  • Main Objective: Break down Brendan Dassey's confession and why his legal team considers it coerced and false.

Acknowledged Attendees and Supporters

  • Dean Daniel Rodriguez: Strong supporter of the clinic.
  • Legal Team Members: Tom Geraghty and Bob Dvorak: Recognized for their contributions.
  • Filmmakers of ā€œMaking a Murdererā€: Mora Demos and Laura Ricciardi acknowledged for their storytelling.

Structure of the Presentation

  • Part 1: Drizen and Laura Nirider will dissect the interrogation of Brendan Dassey.
  • Part 2: Panel discussion moderated by Judge Michael K. Brown, including Bob Milan and Dr. Antoinette Kavanaugh.
  • Special Performance: Song by SMD and The Underground.

Overview of Brendan Dassey's Case

  • Context: Brendan Dassey, at 16, was interrogated and confessed to aiding his uncle Steven Avery in the rape and murder of Teresa Halbach.
  • Interrogation: Brendan's confession is argued to be coerced and false, leading to a wrongful conviction.

False Confessions and Police Interrogation Techniques

Common Myths about False Confessions

  • Myth 1: It is obvious when a confession is false.
  • Myth 2: Only physical abuse causes false confessions.
  • Myth 3: Only juveniles or individuals with mental limitations falsely confess.
  • Reality: False confessions are detailed and often sound believable. They are obtained through psychological tactics rather than physical abuse.

Three Interrogation Errors Leading to False Confessions

  1. Misclassification Error: How the wrong person ends up in the interrogation room.
    • Behavioral analysis during initial interviews that wrongly assesses truthfulness based on body language and verbal cues.
  2. Coercion Error: Psychological pressure tactics used during the interrogation.
    • Techniques involving false evidence, minimization, and confrontation.
  3. Contamination Error: Specific facts are fed to the suspect.
    • Fact-feeding through leading questions and other means.

Examples from Brendan Dassey's Interrogation

  • Misclassification: Brendan's responses and demeanor misinterpreted as deceitful.
  • Coercion: Use of the omniscient ploy, suggesting the officers know everything and demanding Brendan's ā€œtruth.ā€
  • Contamination: Fact-feeding, e.g., feeding key details about the crime to Brendan.

Impact and Injustices: Post-Interrogation Moments

  • Impact on Brendan: His naivety and miscomprehension of the interrogation process, thinking he could go back to school after confessing.
  • Parental Pressure: Brendan's mother was not present, and police misled her about the seriousness of the situation.

Wrongful Convictions and Court Proceedings

  • Legal Battles: Attempts to suppress Brendan’s confession, appeals in state courts, and ongoing efforts in federal courts.
  • Flaws in Legal Representation: Discussion about ineffective assistance of counsel, particularly regarding kachinsky's conduct and defense strategy.

Needed Reforms and Solutions

Interrogation Reforms

  • Electronic Recording: Mandate recording of all interrogations to ensure transparency.
  • Alternative Techniques: Adoption of non-confrontational approaches like the PEACE technique (used in the UK).

Public Defender and Legal Support

  • Public Defender’s Role: Importance of resources and expertise that public defenders can offer in complex cases.
  • Required Legal Representation: Necessity for legal representation rather than relying on parental presence during interrogations.

Panel Discussion Highlights

  • Dr. Antoinette Kavanaugh: Importance of forensic psychological evaluation in understanding a juvenile's comprehension during interrogation.
  • Bob Milan: Emphasis on collaboration between prosecutors and defense attorneys in wrongful conviction cases.
  • Audience Questions: Discussion on why parental presence is not enough and the roles of attorneys in juvenile interrogations.

Final Remarks and Acknowledgments

  • Gratitude: Thanks to various supporters and organizers for making the event possible.
  • Call to Action: Encouragement to support the Center on Wrongful Convictions of Youth in their advocacy and litigation efforts.