“Making a Murderer” subject Brendan Dassey should be released while the government appeals his overturned conviction, according to papers filed Wednesday by Dassey’s attorneys. The Wisconsin Attorney General, however, has appealed the case and TMZ noted that in the meantime Dassey’s attorneys want him set free while the process goes through.
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Attorney General Brad Schimel has followed up with an appeal to the 7th U.S. Circuit Court of Appeals. The trial became the focus of the Netflix documentary series, which premiered in December 2015.
The Department of Justice hasn’t responded to WISN 12 News’ request for comment, and the judge declined to say if he will hold a hearing or decide the motion based on written briefs.
In the 48 page document Dassey’s attorney also stated he is not a flight risk and he would pose no danger to the public if released.
While awaiting the outcome of the appeal, Dassey’s legal team argue that their client should be released from prison.
Ballweg said Duffin has “already addressed this issue” by ordering that his ruling that overturned Dassey’s conviction be stayed during the appeal. Lawyers also provided the court with a summary of a release plan for Dassey that would involve a social worker from the Bluhm Legal Clinic, along with support from members of his family.
“Two state courts carefully examined the evidence and properly concluded that Brendan Dassey’s confession to sexually assaulting and murdering Teresa Halbach with his uncle, Steven Avery, was voluntary, and the investigators did not use constitutionally impermissible tactics”. He was sentenced to life without parole.
In August, a judge ruled that Dassey’s supposed confession was obtained after he had been given “false promises” by investigators.
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Making A Murder told the story of Steven Avery, a Wisconsin man who was wrongly convicted of rape and attempted murder in 1985.
