tv WISN 12 News at 6PM ABC August 12, 2016 6:00pm-6:31pm CDT
, judge's decision. >> the stunning decision is detailed in this 91-page ruling released late this afternoon by a federal judge here in milwaukee. judge william duffin's order focuses on the mishandling of dassey's confession. he was 16-years-old, with a low iq accused of committing the , heinous crime with his uncle, who lived next door to him. the dassey interrogation by doj agent tom fassbender and calumet county sergeant mark wiegert is the focus of judge william duffin's decision. he says the investigators repeatedly told dassey that they already knew what he did and assured him he had nothing to worry about. quoting from the ruling, duffin says, long recognized that a false promise is a powerful force in overcoming a person's free will or co- ." the judge stops short of saying the questioning was underhanded. he wrote, "the court does not ascribe any ill motive to the investigators. rather than an intentional and concerted effort to trick dassey into confessing, what occurred here may have been the product of the investigators failing to appreciate how combining statements that they already 'knew everything that happened' with assurances that dassey was 'ok'
constitutionally impermissible promises." judge duffin found those promises, combined with dassey's young age, " intellectual deficits, and the absence of a supportive adult, rendered dassey's confession involuntary." in tossing the conviction, the judge as " the court does not reach this conclusion lightly. so the bottom line is dassey has been ordered released in 90 days unless the state files new charges against him. but, the state could also keep him behind bars indefinitely by appealing this decision. patrick: thank you. also tonight colleen henry has , an exclusive interview with brendan dassey's milwaukee lawyer. kathy: he calls this a victory for the law. >> long before making a "murderer made" brendan dassey an international cause celebre,
his freedom. bob dvorak says he doesn't know if the netflix series played any role in the court's decision. >> the judge is confined to the record, those videos were in the record, i'm assuming he watched the videos, i have no idea whether he watched the thing. to see it live on camera, to watch a video as opposed to , reading it in print adds a , different dimension, feel understanding, a different appreciation for what happened. >> you have been doing this a long time. do you think brendan dassey's case is that unique or is it just that we actually had video that showed how these things happen? time and brendan's case is not unique. >> dvorak hopes this highly-publicized judicial smack down will change the way law enforcement conducts interrogations especially of , juveniles. kathy: can the state re-try dassey if it can't use his confession?
prosecutors at the time said while there was enough to pull the case together without the confession, so it is yet to be known what the state plans on doing. kathy: the better-known name is stephen a great -- steven avery. this is not a slam dunk for him? >> no. he finds himself on the good de juvenile with a limited intellect. a different situation than if he was an adult. kathy: thank you. patrick: we have more on what this court decision mean for steven avery? 12 news terry sater continues our live breaking news coverage with a closer look. >> i reached out to steven avery's new attorney, kathleen zellner, to find out what dassey's overturned conviction could mean for avery's appeals.
criminal matters back in january. avery is serving a life sentence at waupun for hallbach's murder and today he wrote, "we are thrilled for brendan dassey that his conviction has been overturned. we fully expected this outcome from an unbiased court that carefully examined his confession. i was just visiting steven avery and he is so happy for brendan. , we know when an unbiased court reviews all of the new evidence we have, steven will have his i also reached out to the department of corrections and the wisconsin attorney general's office. they say they are reviewing the federal court's decision and they're not commenting tonight. patrick: brendan dassey's case dates back to 2005. that's when teresa halbach disappeared. she was last seen on the avery salvage yard where she was hired , to take pictures for auto trader magazine. a short time later dassey's uncle, steven avery, was charged
after the weeks-long trial in march of 2007, a jury found avery guilty of the murder. he is currently serving a life sentence without the possibility of parole. dassey was convicted in a separate trial the following month accused of helping avery , commit the crime. so here's what's next. brendan dassey can be released from prison within the next 90 days, unless the state begins the process to re-try him. the state also has the option to appeal. the state department of justice tells wisn 12 news it's reviewing today's decision. kathy: the other big story we're following at this hour is the weather, rare rain showers falling. let's go right now to mark. mark, not everyone is seeing rain or sol rain? mark: if you missed out, you still might get it. we need to the rain around here. it was rare. there is rain on the lens and downtown milwaukee with rain coming down. at the airport, there is sun breaking through. 76 at the airport. plenty of green out there, but
southern counties. the heaviest rain is moving into jefferson county. this is working its way to the east, so be ready for more rain to work its way into the area. it is still sticky out there. i will let you know when this moves out and when the stickiness goes away, coming up. kathy: thanks, mark. track the rain and you're away from the t.v. using interactive radar. you can find it on our 12 news app. it's free to download on your smart phone or tablet. patrick: in less than one hour, we will get our first look at this year's green bay packers. the team will open their preseason tonight at home against the cleveland browns. the match-up is a milwaukee season ticketholder game. so what can fans expect to see on the field tonight? wisn 12 sports steven watson joins us live from lambeau. stephen: it is preseason part two, the field looks good, the
football tonight at lambeau field. there will not be many veterans taking the field. aaron rodgers is an active tonight. brent is also an active tonight. he has been battling an ankle injury. joe callahan is poised to start after taking snaps with the first-team offense. he will split snaps with marquis williams tonight and these are , snaps rodgers doesn't believe he needs to be ready for the regular season. now. it is the process of going through this and getting conditioning. it is nice to get a few >> out there over the course of four weeks. we have some guys coming back from injury at some point. we have to get some >> in with those guys in a game situation. -- reps in with those guys in a
field tonight. a couple of receivers tonight. later in sports, we will talk more about those receivers and a pair of former badgers making the return to wisconsin as members of the cleveland browns. we will have that tonight. patrick: fans heading into the game tonight might face some long lines. metal detectors have been installed at every gate at lambeau, per nfl rules. fansl phones, cameras, tablets or other large metal objects in a tray as they go through. there are also express lanes for those who don't have bags or stadium seats. kathy: we're following a developing story. this video could be the deciding factor whether the man who challenged paul ryan in tuesday's election could face legal trouble. we learned today delavan police have subpoenaed this video shot by our sister station in madison. it shows paul nehlen casting his ballot.
his back pocket. nehlen then posted this tweet hours later with a picture a ballot filled out with nehlen's named filled in. delavan police say they are investigating whose ballot that was. once they finish, they'll turn the case over to the walworth county district attorney who , who will decide whether to file charges. patrick: commitment 2016 coverage. donald trump plans to return to wisconsin next week. the republican presidential nominee will hold a pair of fundraisers in milwaukee and la crosse tuesday. details are not being released right now. we do know governor scott walker and house speaker paul ryan are not expected to join him. both will be out of town. the governor was with trump's running mate last night in milwaukee. v.p. nominee mike pence campaigned in milwaukee and la crosse yesterday, the same two cities trump will visit. pence has visited wisconsin three times in the last two weeks. according to the latest marquette law school poll released this week, trump trails democratic presidential nominee hillary clinton by 15 points among likely voters in wisconsin.
gasoline worth thousands of , dollars stolen. the local gas station owner weighs in on how and why the thieves did it. then, portillo's new location in brookfield is a hit. where the next milwaukee-area location is going up. that's tonight at 10:00. kathy: still ahead new at 6:00 the rain is not done yet. , mark, most of us are happy to see more rain. mark: yeah after weeks of dry , weather the rain has been welcome. how much longer this lasts next in weather watch 12. be there as a little girl hears for the very first time. then you might have seen this while driving around town this morning. why police officers were sitting
patrick: we continue to follow breaking news. a federal judge overturns the conviction of one of the men charged with killing a photographer. brendan dassey was 16 when he and his uncle steven avery were charged with killing teresa halbach. the judge overturned dassey's conviction saying police , mishandled dassey's confession and ordered him freed within 90 days unless prosecutors decide to retry him. kathy: it's been almost seven months since the last football game was played at lambeau, but that all changes in less than an
field for the packers preseason opener against the browns. patrick: new at 6:00, if you drove by a dunkin donuts this morning, you probably saw this, police officers on the roof. it was part of a statewide fundraiser for special olympics. 12 news was at the dunkin donuts on miller park way. that's where west milwaukee officers were on the roof while money was collected on the ground. >> this is one of our favorite events. community, especially special olympics, and worked with the community to raise money, it's what it is all about. patrick: last year, cops on roof tops raised $41,000. they're hoping to beat that record this year. now to a 12 news exclusive, born deaf. no one knew if she would ever be able to hear. today, that all changed for a little girl here in wisconsin. kathy: in this 12 news exclusive, ben hutchison was
very first time. >> at just a year old, pella jinsky is a happy little girl from the small town of sherry, wisconsin, too young to realize how much her life is about to change. >> she does not know her name. she finally gets to hear her name for the first time. >> born deaf, a chance to hear her parents, pamela and joey. working with dr. hilary gazeley at children's hospital, the first of many tests, turning on pella's new cochlear implants. watch closely, her eyes light up then she tenses up. this will communicate with a sound processor on the side of her head. >> instead of amplifying sound, it i passes the portion of the inner era that is not working and stimulates the auditory nerves directly.
future, what it holds for her. >> it is unbelievable. >> she'll now have two birthdays, the day she was born and the day she heard sounds for the first time. >> happening hearing birthday to you. >> so much excitement, pella fell asleep, but her parents will be able to tell her the story when she gets older. in wauwatosa, ben hutchison, wisn 12 news. kathy: suite dreams. pella's alsoad the med-el cochlear implants will allow her health to be monitored without further surgeries. she'll be working with therapists on her speech, language and auditory , development. patrick: it's not too late to sign up for wheeling for healing. the annual bike ride benefits the cancer care center at community memorial hospital in menomonee falls. you can ride 33 miles, 14 miles, or four miles. registration begins tomorrow morning at 7:00. wisn 12 is a sponsor of the event. the rain has forced tonight's fish fry and a flick to be cancelled.
lakefront. kathy: good call to do that. typical wisconsin weather. my buddy says it is nice and sunny and lake geneva. mark: other areas, it's coming down to where you can barely see a cross the street. that flash flood watch it is always a bummer when you get the fish fry and a flick canceled, but it was probably a right call. hit and miss, two inches of rain in mayville. that came down for about an hour in brookfield. you just can't win.
we have some rain around here. the heaviest rain in chicago, flash flood warnings there. we will avoid that here. you want to avoid the flooding, but we do have some heavy pockets. one thing to point out is how slow everything is moving. it is not going anywhere quickly, generally light rain. steady rain in west been, working down into dodge county. here is the heavy rain. this is in northeastern sections of jefferson county. all of lake country, you should probably bring it in. not that there is thunderstorms, but this rain is really coming down at about one inch per hour.
is slowing you down on i-94 headed towards milwaukee. light rain in the area here. this includes west allis, which is where state fair is ongoing. it and miss for the rest of the night, slow-moving showers, some will get beneficial rain. racine, still quiet with 78 degrees. mequon, a cool shot here. 78 there as well. hit and miss throughout the rest of the evening. even the overnight hours. tomorrow, you start with clouds and then it clears out. the rest of the weekend is delightful. still sticky on saturday, but not as sticky on sunday. not bad anywhere around the state, a fair amount of sunshine, hit and miss in terms of clouds and sun.
warm, some heavy rain possible with scattered showers that don't move a lot. saturday, 82 degrees, 13 days in a row in the 80's. 82 on saturday and sunday. 82 on monday. there is an absence of rain in this forecast, so hopefully we will get beneficial rain tonight. the rest of the forecast is quite an warm, continuing 80 degrees all the way into next week. patr a rio olympics. dan: yes, and this time, the u.s. was on the wrong side of it. plus, a germantown wrestler prepares for his olympic debut. and, it's homecoming for a pair of former badgers, as the packers open the preseason tonight. stephen watson rejoins us live from lambeau field, next in big 12 sports. announcer: the wisn 12 news app,
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12 sports stephen watson joins us live from lambeau field. stephen, there will be plenty of position battles to watch. stephen: that's right. we got the inactive list for the packers. jared cook and ty montgomery are active tonight, so both of them will see the field. with montgomery out, that white receiver position, the battle is last year, we learned not to crown a preseason mvp after davante adams' disappointing year, but if we did, the leader in the clubhouse would be former badger jared abbrederis. also the people's champ, jeff , janis, is an active tonight. with injuries to jordy nelson and ty montgomery for most of camp, he's gotten some more time working with aaron rodgers. this will be a homecoming for a
waukesha's joe schobert, who has never played at lambeau field. kick off just about 30 minutes. it is the packers preseason opener, and they will take on the cleveland browns. we will have full reaction later tonight at 10:00. dan: thank you very much, stephen. quarless has been suspended by the nfl for two games for violating the league's personal conduct policy. quarless is currently a free agent. another ohio-wisconsin battle at miller park tonight as the brewers host the reds in the first of a three-game series. at the rio olympics, sweden eliminated the u.s. in women's soccer. it's the first time the americans won't play in the gold medal game. afterwards, u.s. goaltender hope solo said, "we lost to a bunch of cowards.
that went over well. and, a pair of wisconsin greco-roman wrestlers will compete in rio. the first match for germantown's jesse thielke is tomorrow, and stevens point's ben provisor starts monday. >> we have known each other for a long time. we take great pride in being from wisconsin. it is one of the most decorated states when it comes to of olympians, and so we have known each other for a long time and have been working for this for together. this is no surprise. it is nothing new. we are excited to be here. patrick: giving children the playtime they deserve. kathy: 200 volunteers met today, building a playground at the milwaukee meta house. the local housing provides a safe and stable envoronment for -- stable environment for women and children overcoming addiction. community volunteers teamed up with the brewers and ka-boom non-profit organization. this marks the third playground built with the help of the
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tonight, a "criminal star fired. >> inside the thomas controversy that had him thrown off the set for good. then, hugh grant's bridget jonas blunder. >> i've never seen her before in life. new backlash, was he slamming rene zellweger on live tv? halle berry flawless and turning 50, we've been th since her start. >> this is my first television job. >> the one thing she's never done, that keeps her looking this good. >> that's really i think secret. and --jovi's slippery when wet. what the rock god is revealing in his steamy home movie.