A Wisconsin man who with his uncle was imprisoned for the rape and killing of a woman a decade ago had his conviction overturned by a judge on Friday. Prosecutors have ninety days to decide if they will re-try Dassey who has been behind bars since 2007.
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Dassey confessed to helping his uncle Steven Avery carry out the rape and murder of Halbach, but attorneys argued that his constitutional rights were violated throughout the investigation.
November 5, 2005: Halbach’s cousins find her vehicle under brush and auto parts in the Avery salvage yard.
Avery was tried and convicted separately in the homicide of photographer Teresa Halbach, and both Avery and Dassey are serving separate life sentences.
US Magistrate Judge William Duffin referred to Kachinsky’s representation as misconduct that was “indefensible”.
The petition is meant to request a federal judge to investigate the legality of Dassey’s arrest and conviction.
After the binge-worthy Netflix series ‘Making A Murderer’ created wider public interest into the case of Brendan Dassey, the authorities stepped in.
Making a Murderer’s Brendan Dassey could walk free from jail in 90 days after a judge overturned his murder conviction.
“The investigators repeatedly claimed to already know what happened on October 31 and assured Dassey that he had nothing to worry about”, Judge Duffin said. It looks like season 2 may also follow Dassey’s release, as well as the latest in efforts to have Avery released.
Dassey was implicated in the crime when he was just 16. However, many believe there were unsavory things going on behind the scenes that may have wrongfully seen the blame pointed toward Avery. The ruling added that investigators only concluded their line of questioning after they had “indicated to Dassey that he finally gave the answer they were looking for”. Avery has consistently denied any involvement in Halbach’s murder and stated he was once again falsely convicted.
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Avery was released in 2003 and filed a lawsuit against Manitowoc County for wrongful conviction and imprisonment. Court documents say investigators used leading questions when interrogating Dassey, which made it hard for them to tell if he really knew the facts, or if he was agreeing with investigators. Video of an interrogation conducted by two police officers, during which time the confession occurred, indicate the officers used aggressive and coercive tactics resulting in Dassey’s gradual acquiescence.
