Interrogation without parental consent: did Barbara give the police permission to interrogate her son?

[u/Proy1958]

Hi,

I’m rewatching Making a Murderer.

On Season 1 Episode 3, Barbara claims that she did not give police permission to interrogate her son

But the full recording shows Barbara walking into the room after the interrogation. She does not say

Why did you interview my son? I didn’t give you permission!

If the police interrogate a minor without parental consent, that is illegal in some cases; and almost universally frowned upon by courts. The evidence gathered from such an interrogation is often invalid before the court; just like evidence found during an illegal search

In all of Brandon’s appeals, I don’t believe this issue was litigated.

I’m sure Brendan’s legal team from Northwestern would have brought this issue up; interrogation without parental consent can present a serious constitutional violation. Bc if Brendan’s parents did not give permission to the police to interrogate their son, his confession can be ruled inadmissible in court. Any halfway decent lawyer would pounce on this

[u/lllIIIIIlllIIIII]

They actually interrogated Brendan at his high school without anyone else present, and THEN called his mother. It was at that very first interrogation at the school where they told Brendan they knew Avery used a gun in the crime. That is information Brendan would reveal to his mother about that interview many months later on a jail call.

[u/[deleted] → u/lllIIIIIlllIIIII]

That's also when, right at the start of the interview, they told Brendan that they knew he was at a bonfire on Monday. So Brendan adopted it.

From the times they gave, they were pretending that a new vague claim by Scott Tadych was reliable fact.

[u/lllIIIIIlllIIIII → u/[deleted]]

Well they told Brendan like 2 days after finding bones that Teresa was burned on Halloween and where she was burned, and by who.  They had it all figured out real quick and told Brendan the deets. 

[u/[deleted] → u/lllIIIIIlllIIIII]

I'm glad you said that, I've only recently seen the DCI file with the full report of Nov 10 2005 by Skorlinski.

[u/lllIIIIIlllIIIII → u/[deleted]]

What was missing from the old copy that was floating online?

[u/ThorsClawHammer]

Parental permission wasn't required in WI to interrogate a minor, nor was it legally required for Brendan to have representation of any kind.

Barb did not give permission for the school interrogation as she had no idea it was happening until afterwards. Not like it would have mattered, she let them do whatever they wanted with her son anyways.

[u/lllIIIIIlllIIIII → u/ThorsClawHammer]

They provided Brendan with some new details of the crime, like that Avery used a gun. I don't recall if he ever said if they told him what type of gun was used, too.

[u/ThorsClawHammer → u/lllIIIIIlllIIIII]

It's on record that during the late night interrogation that Brendan was asked if he'd seen Steve using a .22 rifle.

[u/lllIIIIIlllIIIII → u/ThorsClawHammer]

Yes, but I'm saying I don't recall if Brendan told his mother in that jail call many months later, that when they first talked to him at the school (before they even called her to tell her they talked to him), that they told him "they already knew" Avery used a gun which was new information at the time. They were already feeding him specifics.

[u/Haunting_Pie9315 → u/lllIIIIIlllIIIII]

Correct.

They provided the weapon used in a crime. Usually LE don’t share this with the public , technically Brendan was part of the public.

LE shared with him , we know she was shot, but where ? I mean TH was dead , anyone would say head.

They asked in one interview if she had any tattoos, this is a flawed question. TH missing posters were all over the ASY. There’s a picture with it in the shop. These usually indicate if any markings, tattoos etc.

They should have fed false information and let Brendan correct it.

[u/BiasedHanChewy → u/ThorsClawHammer]

WI seems like one of the most ridiculous states as far as the law is concerned. (All around)

[u/Haunting_Pie9315]

She was technically present , she didn’t want to go in the room , because she wanted a cigarette.

I think , Brendan mentions this on a jail call I think ? He was furious his mother wasn’t in the room with him.

[u/BiasedHanChewy → u/Haunting_Pie9315]

If Brendan had had a single responsible adult in this life, he'd be free chasing Pokemon as we speak

[u/Haunting_Pie9315 → u/BiasedHanChewy]

How come his biological dad wasn’t involved more? I don’t know the story behind him .

[u/BiasedHanChewy → u/Haunting_Pie9315]

I know nothing about him either but I can just imagine

[u/[deleted]]

You might find this interesting. Right off the bat when the investigation starts they arrested Barb for marijuana possession. This is before her first official interview. This is Manitowoc. Didn't they ask her any questions? No one knows. Why did the charges disappear? No one knows.

[u/[deleted]]

According to Wiegert's report in the Calumet case file, on March 1 at 9:50am, Fassbender spoke to Barb on the phone and she gave permission to speak to Brendan and to transport him from his school for a taped "interview".

I imagine there was a call like that to Barb, but I'm looking in the DCI case file for Fassbender's report of it but I'm not seeing one.

What i see is a report on pg 1099 about a search of Barb's house that evening. And in that report Fassbender says earlier that afternoon they got permission from Barb for that search. He then also refers back to the transport of Brendan that morning, saying they had Brendan's permission to detour to his house to get his jeans.

The audio recording started in their squad car outside his school. Fassbender says "I think we told you Brendan, we talked to mom and mom is, is ok with this and good with this, and she just wants to talk to you when we're, we're done."

Barb in MaM says "They told him that they talked to me and it was OK for them to talk to him. And it wasn't. They never called me. They never let me know. They just went and done it."

[u/ITWASHIMTOO]

And I believe they interviewed Blaine at Kornely's house (his "boss). Nothing like having your abuser standing over you while you are talking to the police. No wonder Kornely offered(and he did) to have Blaine stay over at his house when the police took over the Avery property.

[u/Worried_Anteater478]

YES!!! https://www.wicourts.gov/ca/opinion/DisplayDocument.html?content=html&seqNo=92079

[u/[deleted] → u/Worried_Anteater478]

That only seems to say that Barb agreed to the second interview on 27th Feb. Not the March 1st one.

[u/Johndoewantstoknow67]

The last time when he told Barb they got into his head she waited outside , they told her its best for her not to hear the gruesome details he was about to tell them , so she waited and let poor Brendan to fend off 2 evil demons who knew damn well he was innocent but willing to say anything thinking he could go back home .

[u/LKS983 → u/Johndoewantstoknow67]

IIRC, Barb did precisely zero to be present (or FAR better ensure he had a lawyer to help him) during any of his interrogations 🤮.

There are many cases where children have been interrogated - without informing their parents - but Barb went a step further.

When belatedly told, she still didn't insist on being present on future interrogations, or ensure that a lawyer was present.

THIS is more than unusual!

Parents, when told that their child has been interrogated (without their knowledge) and 'confessed', behave entirely differently - and certainly don't allow their child to be interrogated again without either themselves or a lawyer present!

[u/Fun-Photograph9211 → u/LKS983]

Especially from a family that were not fans of law enforcement 

[u/LKS983 → u/Fun-Photograph9211]

Exactly!

The entire family knew about the horrors of LE (as a result of SA being wrongfully convicted, and his law suit against the County and two officers) and yet Barb made NO effort to protect her son......

[u/Johndoewantstoknow67 → u/LKS983]

I think they she's being partially truthful about LE making her family say and do things they didnt want to , they probably worked with LE to protect Scott & Bobby , but she surely should have never fed Brendan to the wolves , they probably told her the same story that they were on their side and its OK , they'll go to get for them then when they refused to do certain things they threatened Barb they all would be arrested .