As we reported last night, Brendan Dassey from Netflix’s Making A Murderer docuseries has had his conviction for the murder of Teresa Halbach overturned.
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His lawsuit and the timing of his arrest and conviction in the Halbach case fueled suspicions among some viewers of “Making a Murderer” that Avery was framed for her murder, a notion that former Wisconsin state prosecutor Ken Kratz, who was involved in the case, strongly disputes. Steven Avery is now appealing his conviction in the 2005 murder of Teresa Halbach.
He wrote, “While the circumstances for relief may be rare, even extraordinary, it is the conclusion of the court that this case represents the sort of “extreme malfunction in the state criminal justice system” that federal habeas corpus relief exists to correct”.
Dassey was convicted in 2005 in the murder of photographer Teresa Halbach.
Yesterday the court ruled that Brendan’s confession to helping his uncle Steven Avery allegedly commit rape and murder was actually a violation of his rights.
At his trial, Dassey’s attorneys argued that their client’s confession was false, and the teen repeatedly said he fabricated his statements under pressure from law enforcement.
Avery was convicted in 1985 in the rape of jogger Penny Beerntsen on a beach near her home in Manitowoc, Wisconsin. Dassey was 17 when a Wisconsin jury found him guilty of first-degree intentional homicide, second-degree sexual assault, and mutilation of a corpse and sentenced to 41 years in prison.
The 26-year-old will be released from prison in 90 days, as long as no appeals are lodged. Meanwhile, Avery’s brother, Chuck, won’t even celebrate Dassey’s possible release until Avery’s conviction is overturned, as well.
Halbach was killed in 2005 after she visited the Avery property to take pictures of vehicles Avery had for sale.
Court papers describe Dassey as a slow learner with poor grades, who has difficulty understanding some aspects of language and expressing himself verbally.
Kathleen Zellner, an attorney for Avery, said in a statement that Avery was thrilled to hear of the ruling for his nephew.
Avery has filed a notice of appeal in his own case. Zellner said in a statement that she’s confident that Avery’s conviction will eventually be overturned “when an unbiased court” reviews new evidence.
This isn’t the first time Avery’s ex has spoken out against him.
Brendan Dassey in a police interview that was featured in the Making A Murderer documentary.
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