Anatomy of a False Confession

When Teresa Halbach went missing and was presumed dead, the police targeted Steven Avery for the crime. But Avery’s 16-year-old nephew Brendan Dassey told the police that he saw Halbach driving away from Avery’s property the day she supposedly was murdered. This version of events would be devastating to the state’s case if it ever reached Avery’s jury.

The police decided to interrogate young Dassey again. For their next go-around they questioned him four times in 48 hours—each time without an adult present and often without reading him his Miranda rights. During this process, the interrogators not only coerced the learning-disabled child into changing his story, but they also got him to confess to participating in the murder!

Even though Dassey’s so-called confession was contradicted by all of the physical evidence, the jury believed it and found him guilty. Now, more than a decade after the trial, the saga lives on. Although a federal district court reversed Dassey’s conviction, a flip-flopping federal appeals court eventually reversed the reversal. Dassey remains convicted and incarcerated; the Supreme Court of the United States is his last hope.

Anatomy of a False Confession: The Interrogation and Conviction of Brendan Dassey answers several questions, including: Why did Dassey agree to talk to his interrogators in the first place? Why weren’t they required to read him his Miranda rights? Most significantly, how did the interrogators get Dassey to confess to a crime he did not commit? If Dassey was innocent, where did he get the details for his so-called confession? Why did the jury ignore the physical evidence and convict Dassey of murder? And why did the federal courts reverse Dassey’s conviction, only to reverse their own reversal?

Anatomy of a False Confession takes the reader inside the interrogation room and inside the courtroom to expose the interrogators’ tricks, the prosecutors’ ploys, and the judicial sleight of hand that conspired to put Dassey behind bars—probably for the rest of his life. The book also discusses several ways that the law should be reformed to avoid future injustices.

Michael D. Cicchini is a criminal defense lawyer in Kenosha, Wisconsin, about two hours south of Manitowoc where Making a Murderer was filmed. In addition to practicing criminal defense, Cicchini has written four books, twenty law review articles, and a monthly column on criminal and constitutional law. His books include Convicting Avery: The Bizarre Laws and Broken System behind “Making a Murderer” (2017) and Tried and Convicted: How Police, Prosecutors, and Judges Destroy Our Constitutional Rights (Rowman & Littlefield, 2012).

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