Tom Kertscher

inactive

The decision by a federal judge in Milwaukee to overturn the murder conviction of Brendan Dassey was based on how Dassey, who was then 16, was interrogated by investigators for the prosecution.

Magistrate William Duffin didn't rule on whether Dassey was guilty or not guilty in the 2005 killing of 25-year-old Teresa Halbach. Her remains were found outside the Manitowoc County home of Dassey’s uncle, Steven Avery, who was also convicted of the murder.

What Duffin ruled was that Dassey’s 2007 conviction had to be thrown out because the interrogations made Dassey’s admissions to the crime an involuntary confession. State Attorney General Brad Schimel last week decided to appeal the reversal to the federal Court of Appeals in Chicago.

The confession is crucial because, unlike Avery, no physical evidence tied Dassey, now 26, to the murder.

Here's an in-depth look, in extended timeline format, at how Dassey became involved in the case through a cousin; how, as shown in "Making A Murderer," he was repeatedly questioned alone, even with the consent of his mother; and how the investigators asked Dassey questions and presented him facts in a way that led the federal judge to determine they violated Dassey's constitutional rights.

January 2006: Kayla Avery -- Dassey’s cousin and Steven Avery’s niece -- talks to Mishicot High School intern counselor Susan Brandt

At Dassey’s trial, Brandt testified that while finishing her master’s degree in counselor education at the University of Wisconsin-Platteville, she did a counseling internship at Mishicot High School. Brandt says Kayla came to the counseling office saying she was scared because Avery had asked one of her cousins to help move a body. She also said she was scared of going to shop class and wanted to know whether blood could come up through concrete. Brandt testified that Kayla appeared scared but not confused.

Feb. 27, 2006: Dassey is interviewed by the lead prosecution investigators in Halbach’s murder, Mark Wiegert and Tom Fassbender, at Mishicot High School.

The investigators begin by telling Dassey he is not under arrest and can leave anytime; they just want to hear what is bothering him. He responds saying what bothers him is Avery is gone (in jail, after his arrest). But then they start presenting facts when asking about the Halloween 2005 bonfire. They say they know he was at the fire and that they believe that's where Halbach "was cooked." They ask if he saw bones in the fire, he says no. They gradually indicate he could face charges, but that they believe Avery was the perpetrator.

Fassbender: "I promise I will not let you high and dry. I'll stand behind you."

Wiegert: "We both will, Dassey. We're here to help ya."

The investigators ask Dassey to write a statement, then they read it back to him. He writes that he saw Halbach's car outside Avery's trailer at 3:45 p.m. when got home from school, got a call from Avery sometime after 8 p.m. to come over for a bonfire and saw toes in the bonfire. Avery told him not to tell anyone about it. Avery told him he stabbed her in the stomach outside of his trailer and put the knife in her car. The investigators read back to Dassey part of what he wrote in the statement, including that Avery told him he tied up Halbach with rope and stabbed her in the car, and that he saw fingers and forehead in the fire and Avery threatened him "a little bit," and that he saw Avery put a blue shirt with blood on it and pants in the fire and that Avery told him they were Halbach's.

The investigators ask Dassey if he wants to go home, he says he would rather go to Earth Science class. They say OK and he goes to the class at 2:15 p.m. They call Dassey’s mother, Barb Janda, she comes to the school. At 3 p.m., Dassey and Janda agree to go to Two Rivers Police Department for videotaped interview. They agree he will be in the interview room alone. Janda says it was not necessary for her to be in the interview room. Dassey says he doesn’t care.

March 1, 2006: Dassey interview with with Wiegert, Fassbender



Fassbender says they want to connect more of the dots and that he and Wiegert feel maybe Dassey knows more: "Mark and I are both in your corner, we're on your side."

Wiegert says they can't make any promises but will stand by Dassey, it’s best if he tells the whole story: "You know, honesty is the only thing that will set you free. Right?"

Fassbender asks what happened Halbach’s purse, cell, camera, Dassey says no to seeing any of those and no, Avery didn’t tell him what he did with those.

Dassey: “He burnt them.”

Wiegert: “What did you see?”

Dassey: “Like a cell phone, camera, purse.”

Wiegert: “Are you being honest with us. Did you actually see those items?”

Dassey: “Yeah.’

As the investigators attempt to go over the sequence of events, they repeatedly tell Dassey they already know what happened, they just need to hear it from him.

Dassey contradicts his own story a number of times.

First he says he took a piece of mail to Avery's door and left. But then he says Avery invited him inside and he saw Halbach in Avery's room. He says Halbach was naked, handcuffed by hands and feet to Avery's bed, screaming for help. Says Avery asked him if he wanted to have sex with Halbach.

Fassbender: "Now I can start believing you, OK?"

Dassey says he has intercourse with Halbach against her will, then Avery stabs her once, chokes her till she goes unconscious. The investigators press him more, we know you guys did something else. He says Avery made him slit her throat with a knife after Avery had stabbed her in stomach. They press more.

Wiegert: "What else happens to her in the head?"

Fassbender: "It's extremely, extremely important you tell us this, for us to believe you."

Wiegert: "C'mon, Dassey, what else?"

Fassbender: "We know, we just need you to tell us."

Dassey: "That's all I can remember."

Wiegert: "All right, I'm just gonna come out and ask you – who shot her in the head?"

Dassey: "He did."

Fassbender: "Then why didn't you tell us that?"

Dassey: "Cuz I couldn't think of it."

March 7, 2006: Kayla Avery gives statement to Wiegert and Fassbender

Kayla relates a conversation she had with Dassey that apparently occurred during a birthday party at Kayla’s home in November 2005. She writes that Dassey told her he saw Halbach's body parts in the fire outside of Avery's trailer. She also said Dassey told her he heard screams in Avery’s trailer and that Halbach was "pinned up.” Kayla writes that she hopes Avery stays in prison, she hates him and hopes he rots in hell. She writes that she thinks Dassey “did something” but was forced. (But she recants her statements when testifying at Dassey’s trial.)

May 12, 2006: Dassey interview with Michael O’Kelly, the investigator for Dassey’s pretrial lawyer, Len Kachinsky

This interview sheds more light on the questioning of Dassey by the prosecution investigators.

O’Kelly: “Brendan, you have the details. You gave the details to the police department.”

Dassey: “Yeah. They were false.”

O’Kelly: “Well, they turned out to be true.”

Dassey: “It’s ‘cause I had too much stuff on my mind. That's why I agreed that whatever they said.”

O’Kelly: “Well you gave them details.”

Dassey: “Yeah, but they told me that they knew it all what had happened already.”

O’Kelly “And you gave them information that they didn't already have.”

Dassey: “That's ‘cause I was guessing.”

The interview ends with O’Kelly arranging for Dassey to be questioned again by Wiegert and Fassbender, alone the next day.

O’Kelly hands a ribbon to Dassey and says: “Take this with you, something of Teresa’s.”

Dassey replies: “I don't want it.”