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Steven Avery & Brendan Dassey— Case Archive
Brendan DasseytranscripttranscriptAmendment of Count 3 to Second-Degree Sexual Assault - Day 9 - Brendan DasseyKratz 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.
Kenneth R. KratzMark R. FremgenJerome L. FoxTHE COURTMR. KRATZMR. FREMGENprocedural
Brendan Dassey/Day 9/April 25, 2007
11 pages·0 witnesses·167 lines
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.
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Procedural

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

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Morning reconvening and appearances
ProceduralProc.Morning reconvening and appearances
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(Reconvened at 10:30 a.m.)

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THE COURT: Good morning, counsel. This is State of Wisconsin vs. Brendan Dassey, 88 CF -- or, excuse me -- uh, 06 88 CF. Uh, appearances, please.

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MR. KRATZ: The State of Wisconsin appears by Calumet County District Attorney Ken Kratz, Assistant Attorney General Tom Fallon, Assistant District Attorney Norm Gahn, appearing as special prosecutors.

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MR. FREMGEN: Attorney Mark Fremgen with Attorney Ray Edelstein appear. Uh, Brendan Dassey appears in person.

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THE COURT: All right. Uh, first, to the prosecution, any motions before we proceed to the jury?

ProceduralProc.Amendment of Count 3 to second-degree sexual assault
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MR. KRATZ: Yes, Judge. We, uh -- we have moved, uh, the Court, uh, for an order amending the Information, amending Count 3, uh, to second degree sexual assault as a party to the crime. Section 971.29 (2), uh, allows, uh, the Court to amend an Information to conform to the proof where the amendment is not prejudicial to the defendant. We alerted, uh, the Court and counsel, uh, as to our intent to do so, uh, given the, uh, state of the record.

Uh, State believes that second degree sexual assault, uh, more accurately and appropriately reflects the, uh, individual behavior of this defendant, uh, Brendan Dassey, and we have provided the Court with the original Amended, uh, Information. Copy's been provided to Mr. Fremgen.

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THE COURT: Mr. Fremgen, do you have any objection to that proposed amendment?

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MR. FREMGEN: To the amendment, no.

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THE COURT: Court is going to grant the amendment. Any further motions from the State?

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MR. KRATZ: Not from the State, Judge.

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THE COURT: The defendant?

Continue to next page2.Renewed Count 3 Dismissal Motion and Corroboration Ruling
← Day 8
← Day 8Gordon’s Suggestibility Testimony and Armentrout’s Rebuttal1 of 11Renewed Count 3 Dismissal Motion and Corroboration Ruling →