'Making a Murderer's' Brendan Dassey Is Expected to Be Released from Prison
- Author: Leroy Wright Jun 24, 2017,
Jun 24, 2017, 10:31
The writ of habeas corpus is granted unless the State of Wisconsin elects to retry Dassey within 90 days of issuance of this court's final mandate, or the Supreme Court's final mandate.
"No reasonable court could have come to the conclusion that Dassey's confession was voluntary", according to the opinion, which includes a dissent statement warning that the decision could hamper investigations.
Dassey was only 16 years old at the time when he was put under pressure by authorities to admit the rape and murder of photographer, Teresa Halbach.
"Dassey, however, had trouble maintaining a consistent story except when he was being led step-by-step through the facts, thus confirming that his confession emerged not from his own free will, but from the will of investigators". During a three-hour interview in March 2006, Dassey confessed that he raped Halbach, cut her throat, tied her up and took her to Avery's garage, where Avery shot the young woman in the head.
Meanwhile a lawyer acting on behalf of Avery has called for a new trial, alleging Halbach may have been killed by her ex-boyfriend and not the man jailed for her death.
Dassey and Avery claim authorites framed them as revenge after Avery sued Manitowoc County over a wrongful sexual assault conviction that a DNA test later discredited.
The judges ruled that Wisconsin courts had failed to consider Dassey's age - he was 16 at the time of the confession - and his diminished mental capacity when they rejected his earlier appeals.
The state appealed Duffin's ruling, putting the case before the federal appeals panel.
In 2016, Judge William Duffin ordered he be free immediately after finding investigators in the 2007 trial made "repeated false promises" false promises to Dassey by assuring him "he had nothing to worry about".
Johnny Koremenos, a spokesman for the Wisconsin Attorney General, said he hopes "that today's erroneous decision will be reversed".
Nirider and Drizin request that Dassey be released on bond.
A GoFundMe campaign launched by Dassey's mother has raised almost more than $16,000 to help him readjust to life outside of prison.
Dassey remains in prison.
If he were to be released, the U.S. Probation Office would supervise Dassey under Duffin's order.
As with most legal proceedings, this one is a sensitive and complex process. Moreover, Dassey has a strong interest not to flee ... Now it seems Dassey's freedom is closer than ever.
WBAY spoke with Bob Dvorak, an attorney who's been part of Dassey's post-conviction team.