Justice System flawed in Halbech case

Life is so often unfair, but perhaps it is most unfair when people who commit horrible crimes against the innocent are given a second chance. Both Brendan Dassey, 20, and his uncle Steven Avery, 47, have filed for appeals after being sentenced to life terms in prison for raping and killing 25-year-old photographer and UW-Green Bay alumna Teresa Halbach. Both men were found guilty, yet continue to claw their way around the system as their defense attorneys create ridiculous defenses to set the two men free. Avery's attempts to obtain a new hearing were recently denied, but Dassey's defense is awaiting word from Manitowoc County Judge Jerome Fox on whether he will be permitted a re-trial. Judge Fox has until the summer to make a decision based on Dassey's hearing, which took place Jan. 19-22, but this is a hearing that never should have happened in the first place. There were so many signs pointing to Avery and Dassey during the original investigation, which took place in November 2005. Neither deserves an appeal. Justice had been served when both were sentenced to life in prison. For any judge to allow a new trial for either Dassey or Avery, they would be giving them the second chance Halbach will never have. Dassey was convicted in 2007 after confessing to police he aided Avery in the crime. He later retracted his statement, and claimed his confession was the result of police coercion. According to Manitowoc journalist John Lee, this was Dassey's defense for his latest hearing, with 13 defense witnesses testifying on Dassey's behalf. Despite attempts to prove Dassey innocent, the defense's attorney, Len Kachinsky, took the stand only to end up giving an account of Dassey that exemplified the lack of remorse shown by the defendant in relation to his confession to murder and rape. "At any time did you ever get a passionate expression of innocence from Mr. Dassey?" Assistant Attorney General Tom Fallon asked Kachinsky. "Not that I personally considered passionate, no," Kachinsky said. As Dassey's defense, it probably matters little whether or not the 20-year-old seems genuine about his innocence. The defense fought hard at the hearing to convince Judge Fox that Dassey was a mentally disabled teenager unable to comprehend the seriousness of lying about his role in Halbach's murder. Apparently the inability to understand the weight of his lie excuses him from needing to express an emotional concern for proving his innocence. The Appleton Post-Crescent said there were 19 facts about Halbach's murder that were corroborated by Dassey's confession, with some leading police to evidence they had not previously been aware of. In addition to the key information provided by this confession, Dassey showed no signs of emotional remorse. After his confession, according to the Post-Crescent, Dassey asked to be returned to school. Unfortunately, there are several expert witnesses testifying for Dassey so that he may receive his appeal. The Post-Crescent said Richard Leo, a University of San Francisco law professor, has been serving as an expert witness for Dassey. In defense of the 20-year-old, Leo is testifying that Dassey's age at the time of the murder, coupled with his low I.Q., would have allowed him to be easily coerced into a confession. Justice comes so rarely, it seems. Even when investigators are able to collect all the pieces and suspects are convicted, loop-holes abound. Lawyers, although they are simply doing their job, use all kinds of underhanded defense arguments. For who? For those who have been proven guilty. If the defense attorneys can plant enough doubt in the judge's mind about the original confession, Dassey will obtain an appeal and, because of this, possibly go on to get his conviction overturned. There is little doubt that Avery and Dassey took part in Halbach's murder, yet our justice system will allow this to drag on. It is allowing more trials, more appeals and more on-going pain for Halbach's family. The chance of appeal may be slim, but even that slim chance is more of a chance than either man deserves.