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Steven Avery & Brendan Dassey— Case Archive
Brendan Dasseytrial-daytrial-dayThomas J. FallonRaymond L. EdelsteinMark R. Fremgencharge_conferencejury_instructionsclosing_argumentrebuttal_closingjury_selectionverdictDay 9 - April 25, 2007The court ruled on Count 3 and jury instructions before closing arguments. The jury found Brendan Dassey guilty on all three counts; the court entered judgment, revoked bail, and set sentencing.
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Day 9 - April 25, 2007

Count 3 Rulings, Closing Arguments, and Guilty Verdicts

Judge Jerome L. Fox
14Proceedings
11Pages
0Witnesses
167Lines
Day 9 of 9
Appearing:
Thomas J. Fallon Raymond L. Edelstein Mark R. Fremgen

The court ruled on Count 3 and jury instructions before closing arguments. The jury found Brendan Dassey guilty on all three counts; the court entered judgment, revoked bail, and set sentencing.

Full day summary

The court granted an unopposed amendment of Count 3 to second-degree sexual assault as a party to a crime. After the evidence closed, it denied the defense’s renewed motion to dismiss that count, finding facts corroborated Dassey’s confession as a whole. Judge Fox also denied the defense’s proposed corroboration instruction and instructed the jury on the charges, the burden of proof, and how to assess Dassey’s statements. In closing, the State argued that Dassey’s statements and other evidence supported guilty verdicts. The defense challenged the statements’ reliability, cited gaps in the physical evidence, and urged acquittal. The State answered those arguments in rebuttal. The jury found Dassey guilty of first-degree intentional homicide, mutilating a corpse, and second-degree sexual assault, each as a party to a crime. All 12 jurors confirmed the verdicts when polled. The court entered judgment of guilty, revoked bail, ordered a presentence investigation, and set sentencing for August 6 at 9 a.m.

1. Amendment of Count 3 to Second-Degree Sexual Assault

Kratz moved to amend Count 3 to second-degree sexual assault as a party to the crime. Fremgen did not object, and the court granted the amendment.

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Procedural
Morning reconvening and appearances
5 lines
Procedural
Amendment of Count 3 to second-degree sexual assault
6 lines

The court granted the State's unopposed motion to amend Count 3 to second-degree sexual assault as a party to the crime.

Highlights

Amendment of Count 3 to second-degree sexual assaultrulingKratz moved to amend Count 3 to second-degree sexual assault as a party to the crime. Fremgen did not object, and the court granted the amendment.

2. Renewed Count 3 Dismissal Motion and Corroboration Ruling

After the evidence closed on Day 9, the court denied the defense's renewed motion to dismiss amended Count 3, finding corroboration of Brendan Dassey's confession.

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Procedural
Renewed motion to dismiss Count 3 and corroboration ruling
9 lines

The court denied the renewed motion to dismiss amended Count 3, finding sufficient corroboration of Brendan Dassey's confession.

Highlights

Renewed motion to dismiss Count 3 and corroboration rulingrulingThe court denied the renewed motion, finding significant facts corroborated the confession as a whole and identifying details it found corroborative even if the sexual assault count were considered separately.Renewed motion to dismiss Count 3 and corroboration ruling“This is sufficient corroboration for the confession as a whole, and that whole includes the sexual assault.”— Jerome L. FoxStates the court's central reason for denying dismissal.

3. Jury-Instruction Conference and Corroboration-Instruction Ruling

Judge Fox denied the defense’s requested corroboration instruction during the Day 9 jury-instruction conference.

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Charge Conference
Jury-instruction conference and corroboration-instruction ruling
8 lines

Judge Fox denied the defense's requested corroboration instruction and chose Instruction 180 on confessions and admissions.

Highlights

Jury-instruction conference and corroboration-instruction rulingrulingJudge Fox formally denied the defense's requested corroboration instruction, finding Instruction 180 on confessions and admissions appropriate instead.

4. Court's Substantive Jury Instructions

Judge Fox gave the jury substantive instructions on the offenses, party-to-a-crime liability, and the State's burden of proof.

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Jury Instruction
Court's substantive jury instructions
8 lines

Judge Fox instructed the jury on the offenses, aiding and abetting, reasonable doubt, stipulated testimony, and how to assess Dassey's statements and witness credibility.

5. Prosecution Closing Argument — Thomas J. Fallon

Thomas J. Fallon argued in the State's Day 9 closing that the evidence corroborated Brendan Dassey's statements and asked the jury to find him guilty on all three charges.

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Closing
Prosecution closing argument by Thomas J. Fallon Thomas J. Fallon
15 lines

Fallon argued that Dassey's statements were corroborated, that his alleged acts made him a party to all three crimes, and that the jury should return guilty verdicts.

Highlights

Prosecution closing argument by Thomas J. Fallon“Was he there? Did he help?”— Thomas J. FallonFallon's concise framing of the State's party-to-a-crime argument.Prosecution closing argument by Thomas J. FallonotherFallon recasts Dassey's alleged participation as a series of choices and asks for guilty verdicts on all three charged offenses.

6. Defense Closing Arguments — Mark R. Fremgen and Raymond L. Edelstein

Defense counsel challenged the physical corroboration for Brendan Dassey's statements and argued that his cognitive limitations made them vulnerable to investigators' suggestions.

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Closing
Defense closing argument by Mark R. Fremgen Mark R. Fremgen
10 lines

Fremgen argued that forensic gaps and changing details in Dassey's statements left reasonable doubt.

Closing
Defense closing argument by Raymond L. Edelstein Raymond L. Edelstein
15 lines

Edelstein challenged the reliability and corroboration of Dassey's statements and urged not-guilty verdicts on all counts.

Highlights

Defense closing argument by Mark R. Fremgen“There's a lot in this case that we don't know, there's a lot in this case we don't see, and there's a lot in this case that we don't hear.”— Mark R. FremgenStates the defense's missing-evidence theme.Defense closing argument by Mark R. FremgenotherHe challenged the corroboration of Dassey's statements, citing the claimed bedroom assault, the creeper, the knife, and physical evidence he said was missing.Defense closing argument by Raymond L. EdelsteinotherEdelstein argues that investigators' praise, negative feedback, assurances, and suggested details undermined the reliability of Brendan's interview account.Defense closing argument by Raymond L. Edelstein“But his adoption doesn't make it true.”— Raymond L. EdelsteinCondenses the defense argument that repeating a detail introduced by investigators does not establish its accuracy.

7. Prosecution Rebuttal Closing Argument — Thomas J. Fallon

In his Day 9 rebuttal closing, Thomas J. Fallon defended the credibility of Dassey's statements and asked for guilty verdicts on every count.

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Rebuttal
Prosecution rebuttal closing argument by Thomas J. Fallon Thomas J. Fallon
6 lines

Fallon rebutted challenges to Dassey's statements and the forensic gaps, played part of the March 1 interview, and requested guilty verdicts.

Highlights

Prosecution rebuttal closing argument by Thomas J. Fallonevidence eventAt Fallon's request, a portion of the March 1 videotape is played; he then asks the jury for guilty verdicts on every count.

8. Final Jury Instructions and Verdict Forms

Judge Fox read the verdict forms, instructed jurors to consider each count separately and reach unanimous verdicts, then directed the clerk to draw names for juror discharge and sequestration.

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Jury Instruction
Final jury instructions and verdict forms
5 lines

Judge Fox read the final verdict forms and deliberation directions, then arranged a juror draw and asked that audio be muted before names were broadcast.

9. Juror Draw Before Deliberations

The clerk drew three jurors before the jury went out at 4:26 p.m. Judge Fox identified two as discharged and gave the bailiff verdict forms for juror review.

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jury selection
Juror draw before deliberations
11 lines

Three names were drawn; Schmidt and Edge were discharged, and the jury went out to deliberate.

10. Verdict, Jury Polling, and Entry of Judgment

The jury found Brendan R. Dassey guilty on all three charges. After polling and discharging the jury, Judge Fox entered judgment of guilty.

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Verdict
Verdict reception and jury polling
34 lines

The jury returned guilty verdicts on all three counts, and each juror confirmed the verdicts when polled.

Procedural
Entry of judgment on the verdicts
3 lines

Judge Fox entered judgment of guilty on the jury's verdicts and asked about setting a sentencing date.

Highlights

Verdict reception and jury pollingjury eventJudge Fox read guilty verdicts on all three counts: first-degree intentional homicide, mutilating a corpse, and second-degree sexual assault, each as a party to a crime.Entry of judgment on the verdictsrulingAt Kratz's request, the court entered judgment of guilty based on the jury's verdicts.

11. Bail Revocation and Sentencing Preparations

Following the convictions on Day 9, Judge Fox revoked bail and scheduled sentencing for August 6.

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Procedural
Bail revocation and sentencing preparations
32 lines

The court revoked bail, made the presentence investigation due July 16, and set sentencing for August 6 at 9 a.m.

Highlights

Bail revocation and sentencing preparationsprocedural actionAfter discussing counsel's availability, the court set the presentence investigation deadline for July 16 and sentencing for August 6 at 9 a.m.
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