A judge has granted Brendan Dassey’s motion to be released from prison while court proceedings in his case continue.
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Dassey, 27, whose case was featured on the Netflix series “Making of a Murderer” past year, has been incarcerated since 2006 after confessing to taking part in the rape, murder and mutilation of Theresa Halbach, along with his uncle, Steven Avery.
As part of his release, Dassey will be forced into submitting regular drug tests and is barred from contacting the family of Halbach, as well as Avery.
The news of Dassey’s release comes months after a judge overturned his conviction for the murder of Teresa Halbach, on the grounds that his confession was coerced by local investigators. They requested Duffin to make a decision on its motion by 4 p.m. Wednesday.
Schimel, in his appeal, said investigators didn’t promise leniency and they specifically told Dassey that no promises could be made.
The state’s arguments against Dassey’s release relied on “conclusory assertions” about the need to keep inmates in prison pending appeal, Duffin said.
Steven Avery was also convicted of rape, murder and mutilation of a corpse in 2006 and remains in prison.
Brenday Dassey, along with his uncle Steve Avery, were convicted of the murder of photographer Teresa Halbach in October 2005.
Steven’s lawyer Kathleen Zellner said, “We believe Brendan will be at his family’s Thanksgiving dinner”. Since the judge ordered he will be supervised and put reasonable conditions on his release, there is really no harm to the state by his release now.
The state’s argument that the court lacks jurisdiction to release him fell flat, and it offered no conditions of release in the event the court disagreed.
Her charred remains were found in a vehicle on the Avery family property.
Dassey’s family lives in northeast Wisconsin.
Court documents described Mr Dassey as a slow learner who has difficulty understanding language and speaking.
Dassey, 27, has not been a free man since he was 16. His uncle, Steven Avery, is the main suspect for killing Teresa Halbach, a photographer for a auto magazine. Any travel outside eastern Wisconsin would have to be approved by the court and Mr Dassey could not get a passport. Evidence later shows Avery called asking for her to come, using his sister’s name. He is pursuing his own appeal.
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The case gained global attention when it became the focus of the Netflix documentary “Making a Murderer”.
