The case of Brendan Dassey

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Dec 6, 2023

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Navigating Vulnerability: Analyzing Brendan Dassey's Interrogation and the Ethical Challenges in Safeguarding Adolescents in the Criminal Justice System Odeth Betancourt Western Kentucky University CRIM 440 Interroga & False Confession Instructor: Carrie Trojan November 19, 2023

Navigating Vulnerability: Analyzing Brendan Dassey's Interrogation and the Ethical Challenges in Safeguarding Adolescents in the Criminal Justice System The case of Brendan Dassey, intertwined with the infamous Teresa Halbach murder investigation, has sparked considerable debate and controversy. In 2005, Teresa Halbach's disappearance culminated in the discovery of her remains on the property of Steven Avery, Dassey's uncle. What followed was a series of events leading to Dassey's identification as a suspect, primarily driven by his connection to Avery. The focus of this paper is on the interrogation tactics employed during Dassey's questioning, the Reid Technique's role, and the subsequent concerns about the reliability and voluntariness of Dassey's confession. Examining the methods used by investigators, such as isolation, false assurance, leading questions, and the contrasting minimization and maximization techniques, provides insight into the coercive environment in which Dassey's confession unfolded. In 2005, Teresa Halbach, a photographer, went missing, and her remains were later found on the property of Steven Avery, Dassey's uncle. The crime involved allegations of murder, and the subsequent investigation led to the identification of Dassey as a suspect. Brendan Dassey became a suspect in the murder of Teresa Halbach due to his connection to his uncle, Steven Avery, who was already a primary suspect in the case. Investigators focused on Dassey after he gave multiple conflicting statements during police interrogations. Despite concerns about the voluntariness and reliability of Dassey's confession, investigators concluded his guilt, believing that his confession contained details only the perpetrator would know, reinforcing their belief in his involvement.

During the interrogation, several tactics were employed by investigators. These included isolation, false assurance, leading questions, minimization, and maximization techniques. The Reid Technique, known for its confrontational approach, was also utilized. Dassey was interrogated for approximately three hours, with long periods of isolation. During this time, investigators overwhelmed Brandon with different kinds of questions to which he did not know how to answer. Details were provided to him by the investigators through leading, suggestive, and repeated questions, leading Dassey to tell the investigators what they wanted to hear instead of what he really knew about the crime. The investigators started the questioning by telling him that he could be honest with them this time, that if he lied in the past, it was okay, and that now was the time for him to be completely honest. The detectives wanted to know how Teresa died, information that was still private and known only to the police. Brendan was sitting on the couch, evading eye contact, thinking, and looking for answers that were slowly given to him by the police. “Come on Brendan, something else happened” was one of the questions by the investigators trying to get information from Dassey, “we know that something else happened to her, tell us.” Once they saw that Dassey wasn’t saying anything that aligned with the evidence they had in the case, they started to get more specific. “Something happened to her head,” Dassey said, “he cut off her hair, he punched her, cut her in the throat.” They kept asking repeatedly for more details about what happened to her head because they were not getting from Branden what they were looking for. When Branden couldn’t provide more details about the crime, he said, “that is all I can remember,” and the investigators got frustrated and said, “all right. I’m just gonna come out and ask you, who shot her in the head?” Brendan's following answer, saying “he did” (referring to his uncle), as shown in the confession tapes video, clearly shows how Brendan

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Dassey's confession was coerced by the interrogators. Dassey, a sixteen-year-old with social and intellectual limitations, faced prolonged interrogations without legal counsel or parental support. Adolescents often exhibit a heightened susceptibility to authority figures, seeking approval and validation. Those with cognitive or intellectual disabilities may be more inclined to comply with authority figures due to a desire for approval or a lack of understanding of the situation. Minimization is a “technique used to downplay the seriousness of the offense and create a sense of empathy and understanding toward the suspect.” (Kassin, 1997). As shown in (Ricciardi & Demos, 2016), the detectives assured Brendan that they were on his side, that they understood his fear and concerns, and that they would support him no matter what he did. This technique was used to make Brendan feel more comfortable and encourage him to open up. The maximization technique, on the other hand, “is a technique used to increase the suspect's anxiety and fear by exaggerating the evidence against them or the potential consequences of their actions.”(Kassin, 1997). The detectives implied that they already knew what happened and that Stephen Avery, Brendan's uncle, might implicate him in the crime. They also mentioned the possibility of arrest and trial, suggesting that Brendan's best chance was to tell the whole truth and not leave anything out. This technique was used to create pressure on Brendan and make him believe that confessing would be in his best interest. Michael O’Kelly, Len's investigator, was tasked with obtaining a written statement from Brendan Dassey. The process began with O’Kelly informing Dassey that the only way he could assist him was if he wrote a statement expressing remorse, emphasizing that without remorse, he couldn't provide help. O’Kelly repeatedly urged Dassey to look at him, emphasizing a desire for honesty. Once Dassey provided a statement, O’Kelly expressed dissatisfaction, stating that without specific details

about Teresa’s murderer, he couldn't offer assistance. Subsequently, the investigator took a more directive approach, instructing Dassey on what to write and draw. The Making a Murderer tapes reveal O’Kelly instructing Dassey to draw explicit and disturbing images, including stabbing Teresa, engaging in sexual acts with her, and depicting how she was restrained in bed. Up to this point, the details mentioned by Brendan were constructed with assistance from the police. These leading and suggestive questions influenced Dassey’s responses, and all the information provided by the police aligns with what the interrogators wanted to hear. As Waxman (2020) points out, “young people, like Dassey, may confess in exchange for what they perceive as immediate benefits, such as ending an interrogation or getting back to their normal routine.” Brendan is a sixteen-year-old with severe social and intellectual limitations, his vulnerability played a significant role in the videotaped interrogation. Subjected to hours of two-on-one interrogations with no legal counsel or parental support, Dassey, like many adolescents, faced challenges in comprehending the legal system and fully appreciating the consequences of his actions. Adding that adolescents, with underdeveloped prefrontal cortexes, may struggle to fully comprehend the implications of their actions, including the legal consequences of a confession, without a parent or lawyer with him. It was impossible for Brendan to know what was best for him to do or say. His decision-making processes could have been prone to making impulsive choices without considering the long-term consequences. After all, he asked the investigator if he could go home that night. The Reid Technique, a widely used approach in police interrogation, took part in Dassey’s interrogation, using confrontational tactics, suggesting that he would spend a long time in prison if he didn’t tell the truth or talk to them about what happened. They emphasized the presentation of evidence and that they already knew

what happened but needed to hear it from him. Steering the suspect toward confession, the investigators gave him specific information about how the evidence showed them how Teresa was killed. Critics argue that this method can lead to false confessions, especially when applied to vulnerable individuals like juveniles or those with intellectual limitations. As Waxman (2020) emphasizes, false confessions are not unique to individuals like Dassey; even affluent teenagers like Marty Tankleff can be susceptible. Marty's case illustrates how psychological tactics, such as lying about forensic evidence and employing fear-inducing scenarios, led to a false confession, ultimately resulting in his conviction for murdering his parents. Waxman (2020) also cites statistics indicating that law enforcement officers estimate “obtaining false confessions in 10% of all interrogations, with nearly 30% of DNA-related exoneration involving false confessions. For juveniles, the percentage of false confessions rises to over 40%.” The physiological and psychological factors related to youth, such as an underdeveloped prefrontal cortex and susceptibility to pressure from authority figures, contribute to these startling statistics. The alignment between Brendan Dassey's confession and the evidence in the Teresa Halbach murder case has become a contentious issue, with critics highlighting several inconsistencies that cast doubt on the reliability of his statements. One significant concern revolves around the lack of corroborating physical evidence, where key details provided by Dassey, such as the murder method and the disposal of Halbach's remains, fail to match the forensic evidence found at the crime scene. Additionally, the fluidity of Dassey's narrative across multiple statements raises suspicions about the reliability of his confession, with inconsistencies emerging at different times, suggesting potential coercion or suggestion during the interrogation. Critics further argue that Dassey's limited knowledge of crime scene details indicates

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that certain key information was fed to him by investigators, leading to doubts about the authenticity of his confession and the extent of his firsthand knowledge of the crime. Given Dassey's intellectual limitations and the coercive tactics employed during the extended interrogation, questions persist about the overall reliability of his confession. The absence of a clear, consistent, and independently verifiable account further fuels skepticism about whether Dassey's confession accurately portrays his actual involvement in the Teresa Halbach murder case. In conclusion, Brendan Dassey's case raises profound ethical and legal questions about the interrogation methods employed by investigators. The use of coercive techniques, such as leading questions and psychological pressure, during Dassey's prolonged interrogation without legal counsel or parental support, underscores the vulnerability of the sixteen-year-old with social and intellectual limitations. The alignment between Dassey's confession and the evidence in the Teresa Halbach murder case is contested, with critics pointing to inconsistencies and a lack of corroborating physical evidence. The application of the Reid Technique, known for its confrontational approach, further amplifies concerns about false confessions, particularly when dealing with vulnerable individuals like juveniles. As the reliability of Dassey's confession remains contentious, this case prompts a broader discussion on the ethical boundaries of interrogation tactics and the need for safeguards to protect individuals, especially those with cognitive limitations, from potential coercion and false confessions in the criminal justice system.

References Kassin, S. M. (1997, March). The Psychology of Confession Evidence . Reading, Williams College; Williams College. Trainum, J. L. (2016a). chapter 6 . In How the police generate false confessions: An inside look at the interrogation room. essay, Rowman & Littlefield. Making a murderer . (2016). Watch Making a Murderer | Netflix Official Site . Retrieved November 2023, from https://www.netflix.com/watch/80000771? trackId=255824129. YouTube. (2015). Brendan Dassey Police Interview / Interrogation Part #1 ( Making a Murderer Steven Avery Case ) . YouTube . Retrieved November 2023, from https://www.youtube.com/watch?v=NYOaIDxirHE&t=936s. Waxman, S. P. (2020). Innocent juvenile confessions - northwestern university. https://scholarlycommons.law.northwestern.edu/cgi/viewcontent.cgi? article=7660&context=jclc

The case of Brendan Dassey

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