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Prosecutors have 90 days to bring Brendan Dassey to trial again
A federal judge in Wisconsin on Friday overturned the conviction of a man found guilty of helping his uncle kill a woman in a case profiled in the Netflix documentary series “Making a Murderer”, ruling that investigators used deceptive tactics in obtaining a confession.
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In March 2006, Dassey told investigators he had helped his uncle rape and murder Halbach, but he later recanted his confession.
According to the entertainment news site TMZ, Avery’s former partner Jodi Stachowski said after the judgment that, while she had great sympathy for Dassey and believed the state of Wisconsin had a duty of care towards him “because they wilfully destroyed his life”, she feared his potential freedom might put pressure on the courts to release Avery, “who she firmly believes is guilty of raping and killing” Halbach.
Dassey’s case burst into the public’s consciousness with the popularity of the “Making a Murderer” series that debuted in December.
At the age of 16, Brendan was sentenced to life without parole in 2007 on homicide and sexual assault charges.
Federal judge William E. Duffin overturned Dassey’s conviction based on the way the confession was attained, calling it “so clearly involuntary in a constitutional sense that the court of appeals’ decision to the contrary was an unreasonable application of clearly established federal law”.
He had apparently confessed to the crime – although his “confession” was highly controversial, with his lawyers arguing it was coerced. Depositions in the lawsuit had taken place at the end of September 2005. The story rose to national prominence when it was chronicled on the Netflix documentary series “Making a Murderer”. In exonerating him, a judge ruled Dassey had been promised prosecutorial leniency in exchange for his cooperation.
“The court does not reach this conclusion lightly”, Duffin wrote. Zellner said in a statement that she’s confident his conviction will eventually be overturned “when an unbiased court” reviews new evidence. Zellner said Avery was pleased to hear of the decision regarding his nephew’s conviction.
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“As we have done for the past 10 years, we will continue to document the story as it unfolds, and follow it wherever it may lead“, filmmakers Laura Ricciardi and Moira Demos said in a written statement following Friday’s ruling.