Wednesday, November 16, 2016
Judge orders Making A Murderer 'accomplice' Brendan Dassey released after 10 years in prison
A federal judge on Monday ordered Making a Murderer’s Brendan Dassey released from prison.
The Wisconsin man, now 27, was serving a life sentence for the 2005 murder and sexual assault of Teresa Halbach after confessing as a sixteen-year-old.
In August, U.S. Magistrate Judge William Duffin ruled that police tricked the intellectually disabled teenager into describing how he supposedly helped rape, stab, shoot and dismember Halbach on his uncle Steven Avery’s orders.
And he has now ordered Dassey be released while prosecutors appeal that ruling.
Dassey has until noon Tuesday to provide the address of where he plans to live and his lawyer said he hopes to have him out by Thanksgiving.
But hours after the decision to release Dassey, the Wisconsin Attorney General said he would file an emergency motion to block Dassey's release.
Dassey's supposed confession to the murder of Theresa Halbach was one of the most shocking moments of the December 2015 documentary Making a Murderer.
Halbach was killed on Halloween 2005, after she visited the Avery family's salvage yard in Manitowoc County. Investigators allege Avery lured her there by asking her to take photos of a minivan.
Viewers saw police officers apparently coerce Dassey - the teenager with an IQ of 70 - into confessing to the murder of Halbach along with his uncle Steven Avery.
The documentary also heavily suggested that Avery was framed for the murder by police officers with a grudge.
In freeing Dassey, Magistrate Judge William Duffin held that investigators made specific promises of leniency to Dassey and that no 'fair-minded jurists could disagree.'
He cited one investigator's comment early in the interview that 'you don't have to worry about things,' plus repeated comments like 'it's OK' and that they already knew what happened.
Dassey was memorably shown complaining in the documentary that he would miss Wrestlemania after his confession.
Dassey was sentenced to life in prison in 2007 after his arrest in March 2016. Court documents describe him as a slow learner who had poor grades and has difficulty understanding language and speaking. Avery was convicted in a separate trial and was also sentenced to life in prison. He's pursuing his own appeal.
Dassey has been in jail since March 2006. He's pictured above being led to the Manitowoc County Courthouse on April 16, 2007
Dassey's Attorney Steve Drizin, would not say where Dassey plans to live and said he had not spoken yet with Dassey.
'That's what I'm focused on right now, getting him home, getting him with his family and then helping him to re-integrate back into society while his appeal plays out,' Drizin said.
Dassey's brother Brad also issued a statement, saying, according to Channel3000.com: 'My brother is one step closer to the freedom he DESREVES! My heart is pumping beyond belief and I'm extremely ecstatic to hear he'll finally get a taste of freedom until things are completely resolved. Despite what people say, I love and care about my brother, Brendan. I always have and always will.'
Dassey will also be barred from obtaining firearms or controlled substances and has been ordered not to have contact with Halbach's family, or Avery.
Wisconsin Attorney General Brad Schimel said in a statement Monday that he will file that motion with the 7th U.S. Circuit Court of Appeals. A federal judge ordered Dassey released while prosecutors appeal a ruling that overturned Dassey's conviction in the 2005 slaying of photographer Teresa Halbach.
U.S. Magistrate Judge William Duffin ruled in August that investigators tricked Dassey into confessing he helped Avery with the crime. The state has appealed that ruling.
Avery's lawyer Kathleen Zellner had earlier tweeted that Dassey would be released today, but then deleted it.
Original report here
Posted by bussorah at 1:42 AM