The Dassey Confession vs. the Avery Trial
Now that the Avery trial is complete, I wanted to compare the details of the Dassey Confession to testimony and evidence provide by the Avery trial.
The confession details are taken from the Criminal Complaint State of Wisconsin VS Brendan R. Dassey.(1)
The school bus dropped the Dassey boys off about 3: 45 P.M. The complaint does not give a time for the start of the confession. The golf cart of Dolores Avery plays different roles in the confess and the trial.
Blaine Dassey testified that Brendan Dassey was played video games at least until 5:00 P.M. Blaine left home at 5:20 P.M. This was the time that Robert Fabian testified he spoke to Steven Avery near the burn barrel(which contained a fire).
The narrative begins with
Dassey stated that on October 31, 2005, he went to pick up the mail on his bike and, upon returning, he saw that there was a letter for Steven Avery. Dassey stated that on his way to Steven Avery’s trailer, he passed a burn barrel located on Avery’s property. Dassey stated that he looked into the burn barrel and observed a cell phone and camera in the barrel. Dassey stated that while approaching the Avery residence on his bike, he heard screams for help coming from Avery’s trailer.(C‑23)
Apparently there was a fire burning in the burn pit. Later statements in the confession
Dassey stated that there was already a fire burning in the burn pit behind Steven Avery’s garage; Dassey had observed this fire burning when he first arrived at Steven Avery’s trailer.(C‑28)
and
…the fire which was already burning behind Steven Avery’s garage.(C‑29)
make this point.
Dassey was riding his bicycle when he looked in the burn barrel. He would have had to detour around the rear of the Avery garage to pass the barrel. He also would have had to detour around the fire in the pit. He made no mention of the fire until well into his confession.
A friend of Earl Avery, Robert Fabian testified that he and Earl were riding on the golf cart about 5:20 P.M. He told of a fire in the barrel with an odor of burning plastic. He did not hear any screams or cries for help. Fabian and Earl Avery spoke with Steve Avery at that time.
Blaine Dassey testified that when he arrived home at 3:45: P.M. he saw Avery put a plastic bag into the burning trash barrel. The smoke from the barrel was white. He did not hear any screams or cries for help.
The confession has Brendan Dassey clearly identifying a digital camera and cell phone when he looked into the non‑burning burn barrel!
Bobby Dassey did not testify about seeing any fire when he returned home at 5:00 P.M. on 31 October, 2005.
Neither Robert Fabian, Blaine Dassey, nor Bobby Dassey testified about the presence of a fire in the pit.
Dassey stated that he then went to Steven Avery’s trailer to deliver the mail. Dassey stated that when he approached the door to Steven Avery’s residence, he continued to hear screams coming from inside the trailer. Dassey described those screams as a female voice screaming, “Help me.” Dassey indicated that he knocked on the door three times and waited for Steven Avery to come to the door. Dassey stated that after several minutes, Steven Avery came to the door and Dassey noted that Avery was covered In sweat. Dassey stated that Steven Avery invited him into the kitchen area of the residence. … Dassey indicated that Steven Avery encouraged him to sexually assault Teresa Halbach as well.(C‑24)
How was Avery dressed? How did Dassey know Avery was covered with sweat? Did he believe Avery was home and that is why he knocked repeatedly and waited?
Steven Avery then escorted Dassey into Steven’s bedroom where Dassey observed Teresa Halbach tying face up on Steven Avery’s bed. Dassey indicated that Teresa Halbach was nude and was restrained to the bed with handcuffs and leg irons. … Dassey stated that he had sexual Intercourse with Teresa Halbach for approximately five minutes. Dassey stated that during this time, Teresa Halbach was asking him not to do it, asking him to tell Steven to knock It off, and asking him to uncuff her, and that Halbach was crying.(C‑25)
The restraints were entered into evidence at the trial. No DNA from either Halbach or Dassey was found on the restraints. DNA from Avery was identified. However, Avery was not restrained according to the confession.
Dassey stated that he then put his clothes on, and he and Steven then went out into the living room and watched TV. Dassey stated that Steven Avery had closed the bedroom door. Dassey stated that they were in the living room approximately 10 to 15 minutes. … Dassey stated that Steven Avery told him he was going to kill Halbach, specifically tie her up. stab her and choke her. Dassey stated that Steven Avery also talked about getting rid of her body and that he wanted to burn her body.(C‑26)
Dassey stated that after approximately 10 minutes, he and Steven Avery returned to the bedroom, where Teresa Halbach was still restrained and begging for help. Dassey stated that Steven Avery had a knife, … that Avery had obtained from the kitchen area. … Dassey stated that Avery then used the knife and stabbed Teresa Halbach in the stomach area. Dassey stated that Steven Avery then handled Dassey the knife and told Dassey to “cut her throat.” Dassey stated that he then went over to Teresa Halbach and cut her throat with the knife. Dassey stated that Avery then told Dassey to cut some of Teresa Halbach’s hair off, and Dassey stated that he did. Dassey stated that Teresa Halbach was still alive at that time. so Steven Avery went over to Teresa and put his hands around Halbach’s neck and strangled her for approximately’ two to three minutes. Dassey stated that Steven Avery then went to the bathroom and washed the blood off of his hands. Dassey stated that during this period of time, Steven also punched Teresa Halbach and had told her to shut her mouth.(C‑27)
Blood was found in Avery’s bathroom and other locations. The blood was identified as Avery’s. No evidence of Halbach has been found in the house trailer even after paneling was ripped out and tested. The confession has Dassey burning the bed sheets. No remnant of a mattress was found in the fire pit. The mattress in Avery’s bedroom did not yield any evidence of a crime of this magnitude. The carpeting did not provide any evidence. The restraints did not provide any evidence. This was confirmed by State Crime Lab Analyst Sherry Culhane.
John Ertl of the State Crime Lab found no evidence of stabbing. He testified about the possibility of cleaning a scene using bleach and peroxide, however no person testified that the furniture, panelling, carpeting, and so forth showed evidence of bleach.
Avery’s blood drops were found in his bathroom. Halbach’s were not.
Dassey stated that he and Steven Avery then unshackled Teresa Halbach and tied her up with rope. Dassey and Steven Avery then carried the body of Teresa Halbach into Steven Avery’s detached garage, where they placed her in the back of her Toyota Rav 4. Dassey stated that he believed that Teresa Halbach was dead because he did not see her stomach moving anymore while they were carrying her.(C‑28)
Testimony from forensic pathologist Jeffrey Jentzen was an adamant claim of gunshot being the cause of death. Apparently, this witness disagreed with Brendan.
The placement in the vehicle explains the findings of Nick Stahlke; a blood splatter expert with the Wisconsin State Crime Lab. But, the body was removed almost immediately. It appears that the confession had the body placed in the SUV only for the purpose of explaining the blood patterns.
Dassey stated that Steven Avery wanted to take Teresa’s body and dump It In a pond in the Avery Salvage Yard. Dassey stated that Avery then decided to burn the body Instead. Dassey stated that there was already a fire burning in the burn pit behind Steven Avery’s garage; Dassey had observed this fire burning when he first arrived at Steven Avery’s trailer. Dassey and Steven Avery then removed Teresa Halbach’s body from the vehicle and placed her body on the garage floor. Dassey stated that Steven Avery then went to his residence and retrieved a 22 caliber rifle and returned to the garage, where he proceeded to shoot Teresa Halbach approximately ten limes. Dassey stated that he shot her at least once and possibly three times in the left side of her head, and the remaining shots were to the mid‑section of Teresa Halbach’s body. Dassey stated that he did not know why Steven Avery shot Teresa Halbach.(C‑28)
After some initial confusion about the number of shell casings found in the garage, the prosecution settled on eleven casings. This section of the confession explains the casings. But, only two bullet fragments were found and they were found in March 2006 because of search warrants based upon the confession.
The State’s ballistic expert testified that the shell casings were from the 22 caliber found in Avery’s trailer. He also testified that the magic bullet came from the 22 caliber rifle.
Testimony revealed that no DNA of Avery, Dassey, or Halbach was found on or in the rifle. Blow back inside the rifle barrel would be expected based on these statements from the confession.
Dassey stated that he and Steven Avery placed Teresa Halbach’s body onto a roller creeper and then transported her body to the fire which was already burning behind Steven Avery garage. Dassey stated that he and Steven Avery placed Teresa Halbach’s body on the fire and proceeded to place tires and brush on top of her. Dassey stated that he and Steven Avery then used a golf cart to retrieve additional items, including a car seat, a wood cabinet, and additional brush and tires, which they then placed on top of Teresa. Halbach’s body in the fire pit.(C‑29)
This is to explain the wires from steel belt radial tires found in the pit. A car seat was also evident, but not in the area where the bones were concentrated. The golf cart was the same one used by Robert Fabian and Earl Avery.
Scott Tadych testified he saw a fire about 7:30 to 7:45 P.M. when he dropped Barb Janda off. He testified that Steve Avery was standing by the fire. He did not mention Brendan Dassey. He also claimed the flames were ten feet high.
Blaine Dassey testified that he saw a fire in the pit area around 11:00 P.M. and one person standing near it.
Dassey stated that Steven Avery then drove Teresa Halbach’s Toyota Rav 4 back by the trees of the Avery Salvage Yard near the pond. Dassey stated that he accompanied Steven Avery in Teresa Halbach’s vehicle. Dassey stated that he and Steven Avery tried to conceal the vehicle by covering it with branches and a car hood. Dassey stated that Steven Avery then removed the license plates from Teresa Halbach’s vehicle and then opened the vehicle hood. Dassey stated that he did not know what Avery did under the hood, however. …(C‑30)
The RAV was found in obvious concealment, but this was common knowledge.
Testimony from State Crime Lab fingerprint analyst Mike Riddle revealed that no finger prints of either Dassey or Avery were found anywhere on or in the vehicle. For that matter, no fingerprints of Dassey or Avery were found on the 22 caliber rifle. Avery DNA was found on the hood latch. Crumpled license plates were found in an automobile in the salvage yard.
Dassey stated that he and Steven Avery then returned to Avery’s trailer using the “long way.” Dassey stated that upon returning to Avery’s trailer, he observed Avery place the key for Teresa Halbach’s Toyota Rav 4 in a dresser drawer in Avery’s bedroom.(C‑30)
This is the infamous plain sight key. There is no mention of the attached lanyard here. The dresser drawer is interesting since the claim was made that the key was hidden in a bookcase. This also leads to questions. Was this the only key in Halbach’s possession? Was there no keyless entry system for this vehicle?
Dassey stated that Steven Avery told him that he was glad Dassey had helped him. Dassey stated that he and Steven Avery then removed the sheets from Avery’s bed and took them out to the fire pit and placed them In the fire. Dassey stated that Steven Avery had him throw Teresa Halbach’s clothing, which were “full of blood cleaned up” on the fire. Dassey stated that Steven then asked Dassey to assist him in cleaning the garage floor. Dassey stated that there were two areas of blood located on Steven Avery’s garage floor. Dassey stated that he and Steven Avery used gasoline, paint thinner and bleach to clean the floor.(C‑30)
A one‑gallon bleach container was shown as evidence. The container was located in Avery’s bathroom/laundry area. The amount of bleach in the container is unknown. The blood was cleaned, but the shell casings were left.
Testimony revealed that Avery’s blood was in the garage but not Halbach’s. Halbach’s DNA on the mystery bullet was not identified as blood.
John Ertl a DNA analyst from the State Crime Lab testified that blood could be cleaned using bleach and peroxide “if someone knew what I [Ertl] did.” All blood patterns observed by Ertl were simple blood drop patterns.
There is a further issue here. Gasoline and paint thinner are not good agents for blood cleanup. They would not have done a good job.
Dassey stated that he then received a phone call from his mother telling him that he needed to be home by 10 p.m. Dassey stated that he then returned to his residence, at which time he noticed the bleach stains on his pants.(C‑30)
The tell tale bleach stains.
On March 1, 2006. Investigator Wiegert recovered the jeans worn by Dassey on October 31, 2005. Investigator Weigert noted that the jeans contained bleach spots and other stains.(C‑34)
Wiegert had no way of knowing if these were bleach stains. He guessed. Are the “other stains” useful evidence?
There were some “oh, by the way” statements near the end of the confession.
Dassey stated that he recalled that Steven Avery received two telephone calls from Avery’s girlfriend, Jodi. Dassey stated that he believed that both telephone calls were received while Teresa Halbach was still restrained In Avery’s bedroom.(C‑1)
Avery’s live‑in girlfriend, Jodi, was arrested and taken to the Manitowoc County Jail on 30 October, 2005. The calls were monitored. The investigators got the times wrong.
09 March, 2007, court records show
“Attorney Strang puts a stipulation of the parties on the record. The stipulation is as follows: On 10‑31‑05, Steven Avery spoke twice to his girlfriend, Jodi Stachowski on his cordless land line and each conversation was approximately 15 minutes. The first starting at 5:36 p.m. and teh[sic] second starting at 8:57 p.m.
Attorney Kratz states indeed that is their stipulation.”
There were no screams for help or any other indications of violence recorded at the county jail.
Dassey stated that Steven Avery had been scratched on the finger and that it was bleeding, and he remembered Steven putting a bandaid on it when he went into his residence to get the bleach. Dassey stated that Steven Avery told him he was going to crush Teresa Halbach’s car and commented, “The sooner the better.”(C‑32)
Was this to explain the blood spots found on Avery’s bathroom floor?
If the SUV was on the Avery property from 31 October through the week, Avery had ample time to crush the vehicle. He arrived in Crivitz, WI on Saturday Morning, 5 November, 2005; the day the Halbach vehicle was discovered.
Dassey stated he spoke with Steven Avery at a later date, and Avery told him that he attempted to bury some of Halbach’s bones as well as chopped them up with a shovel. Dassey also stated that Steven Avery told him he used a pail and removed some of her bones from the burn pit and dumped them in the gravel pit to the west of Steven Avery’s property.(C‑33)
Was this to explain the bones found around the area? There were bones found in a hunting camp that were animal bones. Some of the quarry bones were inconclusive. The Dassey fire barrel location was not mentioned.
This confession was extracted four months after the arrest of Steven Avery. I suspect that whoever pointed the investigators at Dassey is the person who can tell us about the last moments of Teresa Halbach.
references
in category Brendan Dassey,Steven Avery
