Attorney General Brad Schimel has filed a motion to halt Brendan Dassey's release from prison.
A United States judge ordered on Monday the release from prison of Brendan Dassey, one of two men convicted of murder in a case featured in the Netflix series Making a Murderer. The New York Times reports that a federal judge ruled that Brendan Dassey will be freed while the state appeals the overturning of his conviction.
It's not clear when or if Dassey will be released.
Duffin noted in Monday's ruling that when he granted Dassey's habeas corpus petition back in August that there was a presumption that "successful habeas petitioners are released while the respondent appeals that decision".
Now, the same judge who overturned Dassey's conviction wants him released straightaway under certain parole conditions, and Dassey's lawyer hopes to have him out in time for Thanksgiving next week.
Dassey was convicted largely on the basis of a confession in which he told police he had helped to rape and kill a woman named Teresa Halbach. Further, Avery's nephew Brendan Dassey was convicted of assisting him in the murder despite some questionable interrogation tactics presented in the documentary series.
It's certainly been a complicated case, with many eyes closely watching, thanks in part to the widespread interest gained from the Making a Murderer documentary. Dassey must get permission from the court before he can go anywhere else.
The doubt was bolstered by Avery's previous wrongful conviction when in 1985 he was convicted of the attempted murder and sexual assault of affluent jogger Penny Ann Beernstein. Avery has not taken the witness stand. Dassey also does not testify in Avery's trial. Court documents describe him as a slow learner who had poor grades and has difficulty understanding language and speaking.
Brendan Dassey was 16 when he was catapulted into the middle of the murder investigation of photographer Teresa Haibach in 2005. He's pursuing his own appeal.
Dassey's supervised release was not immediate.
However, former Wisconsin state prosecutor Ken Kratz reprimanded the series, which appeared to point to Avery's innocence. Authorities who worked on the cases said the series was biased, but it generated calls from the public to free both men.
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