One of the two men featured in the ten-part Netflix documentary series Making a Murderer has had his conviction overturned by a US Federal Judge.
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Federal judge William E. Duffin overturned Dassey’s convictions 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”.
The U.S. District Court in Milwaukee on Friday overturned Brendan Dassey’s conviction and ordered him freed within 90 days unless the case is appealed. The attorney who handled the Dassey appeal for the state declined to comment Friday. Buting says he doesn’t represent Avery right now, and that it’s up to his new attorneys to decide if and how they will use this decision.
The judge also faulted Dassey’s interrogation by investigators, who assured the teenager “he would not be punished if he admitted participating in the offenses” and that “he had nothing to worry about”. Dassey, a teen with an IQ that a judge described as “being in the low average to borderline range”, was also convicted in Halbach’s murder.
Netflix announced last month that the popular series will return for a second season, documenting the new developments in Steven Avery’s case, as well as Dassey’s. Although he wasn’t 18 years old at the time, he was questioned without an adult present and ultimately confessed to killing Halbach with his uncle, Steven Avery.
Teresa Halbach, a photographer in Manitowoc County, Wisconsin, goes missing after taking pictures of a vehicle at Steven Avery’s salvage yard. Dassey’s attorneys had argued that the confession was coerced.
Avery was convicted in 1985 in the rape of jogger Penny Beerntsen on a beach near her home in Manitowoc, Wisconsin.
The filmmakers behind “Making a Murderer” cast doubt on the legal process used to convict Avery and Dassey, and their work has sparked national interest and conjecture.
A brother who has acted as a Halbach family spokesman did not immediately respond to phone messages and an email.
The Emmy-nominated documentary suggests authorities planted evidence against both defendants, a claim rejected by the current sheriff.
The case was thrown into the national spotlight late a year ago by the popular 10-part Netflix documentary series. Avery is now appealing his own case.
After Avery was convicted of the murder of Theresa Halbach, Avery’s nephew, Brendan Dassey was convicted on major charges.
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Associated Press writers Amy Forliti and Doug Glass contributed from Minneapolis.
