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Nephew in ‘Making a Murderer’ has conviction thrown out

Halbach was killed in 2005 after she visited the Avery property to take pictures of vehicles Avery had for sale.

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Photographer Teresa Halbach, born March 22, 1980, in Kaukauna, Wisconsin, [11] was reported missing by her parents on November 3, 2005.

October 31, 2005: Teresa Halbach, 25, of St. John in Calumet County, a photographer for Auto Trader Magazine, goes to Avery’s Auto Salvage near Mishicot to photograph a minivan for sale by Steven Avery’s sister.

“The court’s decision rests on a fundamental principle that is too often forgotten by courts and law enforcement officers: Interrogation tactics which may not be coercive when used on adults are coercive when used on juveniles, particularly young people like Brendan with disabilities”, attorneys Steven A. Drizin and Laura Nirider said.

Unless prosecutors decide to appeal the judge’s order overturning Dassey’s conviction, he could be set free in 90 days. After serving 18 years in prison he was exonerated based on DNA evidence connecting the attack to another man.

March 18, 2007: After deliberating for almost 22 hours over three days, jurors convict Avery, now 44, of first-degree intentional homicide and being a felon in possession of a firearm.

Earl Avery was visiting with his brother Friday at the Waupun prison, where Action 2 News caught up with him. He filed a US$36 million federal lawsuit against the county, its former sheriff and district attorney in 2004.

January 29, 2007: A judge dismisses sexual assault and kidnapping charges against Avery because Dassey may not testify at his trial.

The investigators did not have any ill motive, the judge wrote, but rather “an intentional and concerted effort to trick Dassey into confessing”. Yet, as Judge Duffin explains, the “court’s doubts as to the reliability of Dassey’s confession are not relevant considerations in the assessment of whether Dassey’s confession was constitutionally voluntary”.

So, why did Judge Duffin find Dassey’s confession was involuntary? She says Friday’s ruling is – in her words – “justice for that 16-year-old kid. who we all saw being bullied into giving a statement that was completely untrue”.

Dassey, who has been incarcerated for 10 years, is in shock and wants to go home, she said.

A review of transcripts and several hours of recordings of the interrogations of Dassey, as well as interviews with legal experts, shows Dassey – who at the time was a learning-disabled 16-year-old with no police record – was repeatedly questioned without an attorney by the prosecution’s investigators, who allegedly “fed” him facts of the crime that he eventually confessed to. Avery is pursuing his own appeal.

Joe Friedberg, a defense attorney in Minnesota who was not involved in the case but is familiar with it and participated in a forum on it with Avery’s first defense attorney, said he doesn’t believe the decision will have any bearing on Avery’s case.

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Netflix last month announced that new episodes of “Making a Murderer” were in production to follow appeals by both Avery and Dassey.

NetflixSteven Avery in the Netflix original documentary series'Making A Murderer