The Wisconsin Attorney General has asked the Supreme Court of the United States to deny an appeal Brendan Dassey's attorneys made to have a hearing about the way he was interrogated in the Teresa Halbach murder.
The brief by Attorney General Brad Schimel argues the case that Dassey's lawyers are attempting to make, that law enforcement did not use proper procedures in questioning Dassey about the Steven Avery case.
"Investigators conducted noncustodial questioning of Petitioner, whom they viewed as a potentially helpful witness in the investigation of an innocent woman’s murder at the hands of Petitioner’s uncle. They began by asking Petitioner’s mother for permission to talk to him and by reading him his Miranda rights. Throughout the three-hour, noncustodial interview, investigators used only standard techniques such as adopting a sympathetic tone, encouraging honesty, and challenging his story when they believed he was lying. Less than an hour in, Petitioner unexpectedly confessed to investigators that, at his uncle’s urging, he had raped the victim while she was tied up in bed and begging for mercy, and soon thereafter confessed to helping kill her and burn her body. Petitioner now asserts that investigators fed him this confession, but the only plausible source for his admissions was his guilty conscience, as investigators did not even suspect several key aspects of his confession, such as his rape of the victim. As Judge Hamilton explained below, this “was a relatively brief and low-key interview of a Mirandized subject who was not mistreated or threatened, whose creature comforts were satisfied, and whose parent consented”; hardly an egregious case warranting AEDPA relief."
Halbach was killed in 2005. Both Avery and Dassey are imprisoned under life sentences for the case, one which has captured the nation's attention through the Making a Murderer series.