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In an interview, attorney Steven Drizin, who handled the appeal with Nirider, said that if prosecutors decide to retry Dassey “they will have to do so without the confession.“There is no case without the confession,” he said.

“There is no other evidence besides the confession that could lead a jury to convict Brendan.

But when assessed collectively and cumulatively, as voluntariness must be assessed, it is clear how the investigators’ actions amounted to deceptive interrogation tactics that overbore Dassey’s free will.”Dassey’s lead attorney, Laura Nirider of the Center on Wrongful Convictions of Youth at the Northwestern University Law School, argued in the habeas petition that Dassey’s constitutional rights were violated not only because of the way he was questioned but because Dassey’s pretrial lawyer, Len Kachinsky (who is now a municipal court judge in the Town of Menasha), actually helped the prosecution obtain his confession. That’s when Dassey spills more details — for example, saying he had seen Halbach naked and handcuffed to Avery’s bed, screaming for help.“Now I can start believing you, OK? But the investigators continue to press for one particular fact. Yet Dassey then offers more details that seem to contradict each other. Because the honest person is the one who’s going to get the better deal out of everything. (Dassey appears to agree, saying: Mmm-hmmm.) You know? They also tell Dassey not to guess or make anything up. Dassey provides a series of answers: Avery cut off some of her hair; Avery punched her in the head; Dassey slit her throat. Wiegert and Fassbender then repeatedly tell Dassey they already know what happened, but that he needs to be honest and tell them. But a final, crucial detail emerges only after the investigators repeatedly ask Dassey what happened to Halbach’s head. He says Avery stabbed and choked Halbach until she went unconscious.

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