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Thursday, November 21, 2024
State Attorney General Brad Schimel filed an appeal with a federal appeals court to halt the release of Brendan Dassey, who gained notoriety in the documentary “Making a Murderer.”

State Attorney General Brad Schimel filed an appeal with a federal appeals court to halt the release of Brendan Dassey, who gained notoriety in the documentary “Making a Murderer.”

Appeals court halts Dassey release

A federal court ruled Thursday that Brendan Dassey must remain imprisoned while the state appeals the decision of a lower court to overturn his conviction.

Dassey, along with his uncle, Steven Avery, were found guilty of killing photographer Teresa Halbach in Manitowoc County. Both were sentenced to life in prison in separate trials.

The crime and subsequent convictions were the focus of Netflix’s popular 10-part documentary series “Making A Murderer” which was critical of the state’s handling of Avery and Dassey’s prosecution.

Dassey, now 27, confessed at the age of 16 to helping Avery rape and kill Halbach. He was convicted of first-degree homicide, second-degree sexual assault and mutilation of a corpse.

In August, a Wisconsin lower court overturned the conviction, ruling it was the result of a coerced confession and citing Dassey’s status as a minor and learning disability.

"No single statement by the investigators, if viewed in isolation, rendered Dassey's statement involuntary," the court said in their ruling. "But when assessed collectively and cumulatively … it is clear how the investigators' actions amounted to deceptive interrogation tactics that overbore Dassey's free will."

On Monday, the same court ordered Dassey’s release, arguing that he does not pose any danger to the community and is unlikely to flee. Under the terms of the order, Dassey would be subject to supervision by the Eastern Wisconsin Federal Probation Office.

Attorney General Brad Schimel appealed the ruling, claiming the lower court does not possess the authority to release the 27-year-old. Schimel also argues that the confession was not coerced, and that there is ample evidence to remain confident in the conviction.

The Attorney General filed an emergency injunction to stay Dassey’s release pending the outcome of the appeal, which was granted by a three-judge panel in the 7th U.S. Circuit Court of Appeals in Chicago.

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