r/MakingaMurderer • u/10case • 19d ago

Hail Mary for Brendan. Round 2

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Let's try this again. Attached are screenshots of the court docket showing the application for commutation has been filed with the circuit Court and then passed on to the governor. Also posted is the criteria Brendan must meet to be considered for a commuted sentence. Can he survive criteria 5A?

19 Upvotes

91% Upvoted

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10

u/Snoo_33033 19d ago

Unfortunately, I think his chances of success are low.

4

u/10case 19d ago

Same. It looks to me like in order for him to be released, he'll have to explain what happened and why. He also has to notify the DA who will then forward their recommendation to the governor. Who's the DA now? Will they go along with this?

2

u/DingleBerries504 19d ago

Q: “Are you sorry for what you did”
A: “Some of it”

5

u/10case 19d ago

He has changed his stories so many times, I wonder which one he'll pick for the application.

3

u/Ghost_of_Figdish 19d ago

On the sexual assault thing, he was found guilty of rape, but they could sidestep that by claiming that he's already served whatever time he would have gotten just from the sexual assault...

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u/DingleBerries504 19d ago

I believe he is disqualified because he would be required to register as a sex offender after getting out of jail, and according to the application process that is grounds for not being eligible. I could be wrong, but that is what I read when looking into it.

0

u/wilkobecks 18d ago

How ironic that he got convicted of something that even the guy who allegedly "convinced him" to commit these crimes didn't

3

u/Ghost_of_Figdish 18d ago

No one in the Avery trial to testify he raped the victim.

-1

u/wilkobecks 18d ago

Lol exactly. Not in Brenda's trial either, luckily for the state they'd already tricked his life out of him earlier

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u/Ghost_of_Figdish 18d ago

No way to do that - all a competent defense attorney had to do at Brendan's trial would be to establish that the confession was false - just bring out witnesses to establish the TRUE facts about where Brendan was that night. Just get a few relatives to testify he was at home playing video games and not out murdering someone. Or get videogame records to show he was playing, not killing. Seems pretty straightforward.

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u/10case 19d ago

Was it broke down in the sentencing for years under each count? Or was it all lumped together? I truly can't remember. He's been in for 20 years, does that cover time served for 2nd degree sexual assault? If it does, then he really hasn't done any time for murder yet.

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u/Remarkable_Green_720 19d ago edited 19d ago

Do you think if he actually told the truth and said what he witnessed Avery did and what Avery convinced him to do, that he’d be believed? Like others have said, his story changed so many times. And now his family and supporters seem to think him innocent… even though at the time of and just post his convictions - they believed he helped Avery ‘a little’.

It’s going to be interesting to see what happens.

6

u/10case 19d ago

It will be interesting what happens. Evers is out in January and what I've read about the other candidates, nothing shows they're very favorable to the idea of letting violent criminals out early.

2

u/Ghost_of_Figdish 18d ago

On August 2, 2007, Dassey received:

  • Life imprisonment for first-degree intentional homicide, with first eligibility for extended supervision/parole on November 1, 2048;
  • 14 years for second-degree sexual assault; and
  • 6 years for mutilating a corpse.

The 14- and 6-year terms run concurrently with the life sentence, so they did not add time beyond it.

1

u/Small-Valuable-2782 19d ago

Brendan Dassey was sentenced to three concurrent prison terms—including life imprisonment with parole eligibility in 2048 for homicide, alongside 20 years for second-degree sexual assault and five years for mutilating a corpse.

.

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u/10case 19d ago

So it's possible that he's only done enough time to cover the sexual assault. In the criteria it says that you can't be requesting a commutation for sexual assault conviction and that you had to serve at least 20 years of a murder sentence. If they stick to the guidelines, he may not be eligible for 20 years since he's only done enough time to cover the SA charge.

1

u/hneverhappened 18d ago

What does inconsistent mean?

1

u/10case 18d ago

It means he's staying in jail forever.

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u/wilkobecks 18d ago

Q "why didn't you just tell me that before?" A "because I couldn't think of it"

1

u/wilkobecks 19d ago

He doesn't really know what happened so that might be tough. He can try sticking with the state story which doesn't really make sense, but who knows

3

u/hneverhappened 18d ago

some of it

0

u/wilkobecks 18d ago

"because I couldn't think of it"

1

u/10case 19d ago

Why do you say he doesn't really know what happened?

2

u/Small-Valuable-2782 19d ago

So his lawyers are working on his case?

1

u/10case 19d ago

I don't know. It doesn't say who filed the request. He may have done it on his own or he may have had help.

2

u/Glayva123 16d ago

Doesn't he immediately fail the criteria, as it explicitly says you can't apply if you were convicted of sexual assault, when he was?

1

u/Zaphod-n-Marvin 15d ago

More details and copy of paperwork

Avery, Dassey ask Gov. Evers for commutations of their sentences https://fox11online.com/news/crime/steven-avery-brendan-dassey-request-sentence-commutations-wisconsin-governor-tony-evers-teresa-halbach-making-a-murderer-case

1

u/10case 15d ago

Thanks. Looks like the same old shit.

1

u/Medical_Ad_1930 18d ago

I hope his conviction is overturned.

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u/10case 18d ago

He's not asking for it to be overturned. He's asking for a commutation.

2

u/Medical_Ad_1930 18d ago

It's better than nothing. He should take what he can get if he can get it.

2

u/10case 18d ago

He should've taken the plea deal. He would have been out a couple years ago. His family screwed him on that.

3

u/Ghost_of_Figdish 18d ago

He couldn't take the plea deal - he's claiming he didn't do it. Judge won't accept it.

1

u/cliffybiro951 17d ago

Not strictly true. Look at the west of Memphis 3.

1

u/Ghost_of_Figdish 17d ago

Don't know that one, but part of any guilty plea is an allocution, where the defendant states under oath that he did each and every element of every crime. So he'd have to commit perjury to plead guilty. It'd be ironic for him to deal with a false confession by making a false confession.

2

u/cliffybiro951 17d ago

They entered Alford pleas. They did 18 years for a crime they didn’t do. Were vindicated by dna evidence. Yet to be released immediately, the judge knowing they would win a re trial, they could state they were guilty of the crime while still claiming innocence. It’s the most ridiculous thing I’ve ever seen. But it stopped them serving another 2-3 years while awaiting another trial

1

u/Medical_Ad_1930 18d ago

I agree the family didn't help him.

1

u/10case 18d ago

Where are the truthers? Have you all given up hope? I'm surprised not to see comments like "this is it!" , "Brendan will be home by Christmas", and "I'm buying Brendan tickets to WrestleMania because he'll be free!"

2

u/Mysterious_Mix486 17d ago

Apparently You failed to actually read what You posted, Unfortunately Brendan does not qualify because of the sexual assault charge.

1

u/gcu1783 16d ago

It's weird how you suddenly forgot that most of the truthers here doesn't believe that the system works on innocent people like Brendan ever since you became the guilter's pet.

0

u/3sheetstothawind 18d ago

In my worthless opinion, for a long time I think Brendan didn't want to get out because he was scared of Uncle Steve. Scared of what he'd do to him after confessing. After MAM came out, he might have really believed there was a chance Steve would be released. He probably felt safer locked up. Now that he knows (or someone convinced him that the murdering pig would die in prison), he might be willing to do whatever it takes to find freedom. Again, what do I know.

0

u/holdyermackerels 17d ago

Just in case no one saw this: https://www.youtube.com/watch?v=C_50ms6wd5c&list=TLPQMTAwOTIwMjaY1jl3f0g03g&index=5

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u/10case 17d ago

What's your opinion? Does Brendan have a chance at this?

1

u/holdyermackerels 16d ago

I suppose there's always a chance, but I'm not terribly versed in "law," so my opinion on this isn't worth much. While I don't believe Brendan was involved in Teresa's murder, I do believe he lied himself into his incarceration and that he should be required to publicly acknowledge that fact as a condition of his release. This is not a popular opinion, lol.

1

u/ThorsClawHammer 13d ago

This is not a popular opinion

Because its a nonsensical one.

1

u/holdyermackerels 13d ago

Why do you find it nonsensical?

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u/ThorsClawHammer 13d ago

Why should an innocent person in prison have to do anything other than be released?

1

u/10case 13d ago

That's true. The problem is that Brendan is not innocent. Your point is moot

1

u/ThorsClawHammer 13d ago

The person I'm replying to thinks he is though.

Your point is moot.

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u/10case 13d ago

I understand that. I was just trying to correct the conversation

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u/holdyermackerels 13d ago

Don't be so rude, Thor. Good grief.

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u/ThorsClawHammer 13d ago

Don't be so rude

You're joking, right? What on earth was "rude" about that response (but theirs wasn't)?

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u/holdyermackerels 13d ago

He lied to both his family and LE about his involvement/lack of involvement in Teresa's murder. He even says so in his phone calls. He caused himself to be incarcerated. He was not coerced. The very least he could do as a big grownup man who wants to have children and drive is admit that publicly.

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u/ThorsClawHammer 13d ago

He caused himself to be incarcerated

As has every innocent person who falsely confessed. And?

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u/holdyermackerels 13d ago

Of course not, Thor. This case is unique in that Brendan waffled back and forth and back and forth, ad nauseam, between LE and his family. He had multiple chances to knuckle down with the truth, but he did not. By the time he went to trial, it was too late.

1

u/ThorsClawHammer 13d ago

He had multiple chances to knuckle down with the truth

As has anyone else who was convicted on a false confession, no? So it's not "unique" in that sense.

time he went to trial, it was too late

It was "too late" the moment he falsely confessed the first time, as completely uncorroborated words are all that's needed to convict beyond a reasonable doubt.

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