Breaking News on 'CBS This Morning:' Dassey Attorneys File Petition for Clemency Before Wisconsin Governor Tony Evers

Special Edition of Wrongful Conviction with Jason Flom Features First Ever, Exclusive Interview with "Making a Murderer" Co-Defendant Brendan Dassey and His Attorney Laura Nirider

Jason Flom and Laura Nirider - Photo by David Doobinin

On October 2nd, 2019, a special edition of the long-running podcast, Wrongful Conviction with Jason Flom, will feature the first-ever interview with Making a Murderer co-defendant Brendan Dassey and one of his attorneys, Laura Nirider. A 16-year-old special needs student at the time that he confessed to the crimes, Dassey was convicted and sentenced to life in prison for the first-degree murder and second-degree sexual assault of Teresa Halbach, as well as mutilation of her corpse. Dassey's uncle, Steven Avery, was also sent to prison for the crime .  
 
Dassey, along with Avery, is the subject of Netflix's documentary series Making a Murderer, which became a global pop culture phenomenon. In 2006, Dassey gave a videotaped confession to the murder and sexual assault of Halbach. That confession - which was extracted after he was interrogated four times over 48 hours - has been widely recognized as false and coerced due to Dassey's inability to describe the crime accurately without being directed by his interrogators. In fact, Dassey recanted his confession immediately after he made it, and no other evidence tied him to Halbach's disappearance. 
 
"I just wanted it all over with," said Dassey. "So, I said whatever they wanted to hear, you know?"
 
Flom, an entrepreneur, music industry executive, social justice activist, philanthropist, author, and creator/host of Wrongful Conviction , visited Dassey in prison and interviewed him over the phone for the podcast.  "It's counterintuitive to think that anybody would confess to a crime they didn't commit," Flom says. "Yet studies show that false confessions are a key factor in at least one out of every four of wrongful convictions. This phenomenon is particularly common among adolescents and people with mental challenges, but we know that everyone, from all walks of life, has a breaking point. It's not hard to understand that under enough duress, a false statement could be coerced."
 
Nonetheless, Dassey was convicted based on that confession and sentenced to life in prison with no chance of parole until 2048. In 2016, two separate courts threw out his confession and overturned his conviction before a federal appeals court in Chicago reversed course, arguing that the Constitution doesn't recognize the falsity of a confession as a reason to overturn a conviction. This stunning reversal came about as Dassey's legal team had come within just 12 hours of securing his release.
 
This special edition of Wrongful Conviction has been released on the same day that Dassey's attorneys, Nirider, Steven Drizin, and Seth Waxman of the Center on Wrongful Convictions filed a petition for clemency that may finally grant the young man his freedom. The petition, filed with Wisconsin Governor Tony Evers, will seek either a pardon - which would wipe away Dassey's convictions - or a commutation of Dassey's sentence.
 
While Wisconsin's previous governor, Scott Walker, refused to even consider pardon requests, Governor Evers has stated that his administration will grant pardons. While Evers has declined to comment on whether he would entertain a pardon request from Dassey, the legal team is hopeful that the petition for clemency will end Dassey's legal nightmare.
 
During the exclusive interview, Flom and Nirider unravel Dassey's case as he joins them by phone from behind bars in Wisconsin.  Their conversation touches on hope, resilience, and the fact that Dassey, who will turn 30 years old on October 19 has lost fourteen of the richest years of life to wrongful imprisonment.
 
Wrongful Conviction with Jason Flom is a podcast that explores the tragedy and triumph of unequal justice and actual innocence.  Based on the files of the lawyers who freed them, Wrongful Conviction features interviews with men and women who have spent decades in prison for crimes they did not commit - some of whom have even been sentenced to death.
 
Wrongful Conviction with Jason Flom is a production of Lava For Good Podcasts in association with Signal Co. No1 and PRX.
 

 
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