Attorneys for 'Making a Murderer' subject Brendan Dassey respond to prosecutors' appeal
Jun 28 2017 by Desiree Burns
The Wisconsin Department of Justice is asking a federal appeals court to keep an inmate featured in the Netflix series "Making a Murderer" behind bars pending an appeal of a ruling overturning his conviction.
"This Court should deny the motion to lift the stay".
His lawyers also said they believe the state is "highly unlikely" to successfully seek reversal of the court's decision to uphold Dassey's overturned conviction.
Dassey's lawyers filed the response Tuesday, saying the common practice is to grant bond to successful "habeas petitioners", and the state's attempt to to stop that is unwarranted. "If one sits in front of the taped confession with a legal pad and tries to sketch out the details and timeline of the crime, the resulting map is a jumble of scratch outs and arrows that grows more convoluted the more Dassey speaks", wrote Judge Ilana Rovner of the Seventh Circuit. Central time deadline today to respond to that request for Dassey's release. "He should not be released from confinement unless he can ultimately prevail in federal court".
The state could still appeal to the US Supreme Court, or they could elect to retry Dassey as the original ruling suggested.
"The decision of the district court is affirmed, with costs, in all respects".
The Wisconsin DOJ appealed this overturn, which prevented Dassey's release while another round of review took place.
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"We are evaluating the 2-1 decision from the court".
They said Dassey's confession to murdering Teresa Halbach was coerced and inadmissible.
Magistrate Judge William Duffin had ruled in August that the conviction was based on a coerced confession that Dassey, now 27, gave as a 16-year-old with a learning disability.
Dassey and his uncle Steven Avery are serving life prison sentences for the 2005 rape and murder of Teresa Halbach.
He has remained behind bars while the state Department of Justice appealed.
The case was the subject of the 10-part documentary "Making a Murderer", which questioned the handling of the investigation and the motives of Manitowoc County law enforcement officials.