Wis. fighting Dassey release in 'Making a Murderer' case
MILWAUKEE — The federal judge who overturned the conviction of Brendan Dassey in the case made famous by Making A Murderer ordered Monday that Dassey be freed from prison, under supervision, pending further court developments.
U.S. District Judge William Duffin issued the order, and Wisconsin's attorney general, Brad Schimel, quickly moved to block the release, at least temporarily. His office announced it would file an emergency motion asking a federal appeals court to stay the release order.
Dassey will not be released Monday, but his legal team is hoping for a short timeline, said one of his lawyers, Steven Drizin.
“It’s not going to happen today, but we are very hopeful we will have Brendan home by Thanksgiving if not sooner,” Drizin said.
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Dassey, 27, has been in prison since being sentenced in 2007 to life in the 2005 murder of Teresa Halbach, a 25-year-old photographer from St. John, Wis. Dassey's uncle, Steven Avery, also is serving a life sentence in the Manitowoc County murder.
Under Duffin's order, the U.S. Probation Office would supervise Dassey.
Dassey's family is concentrated in northeastern Wisconsin. There is no indication that he has the inclination much less the means to flee or will otherwise fail to appear as may be legally required. Moreover, Dassey has a strong interest not to flee. ... Dassey has offered a detailed release plan that was prepared with the assistance of a clinical social worker with experience in similar cases. That social worker would remain involved in assisting Dassey as he adjusts to freedom following his decade in prison.
Duffin reversed the conviction in August, ruling that Dassey's constitutional rights were violated based on the way Dassey, who was 16 at the time of the murder, was interrogated.
Dassey's conviction was based on a confession he gave to investigators working for the prosecution and to an investigator working for his first lawyer.
As part of Monday's order, Duffin outlined restrictions to be imposed upon Dassey. If he violates any of them, he'll be returned to prison while the prosecution appeals:
- He cannot violate any law.
- He must appear for court dates.
- He must register as a sex offender.
- He must admit probation officers to his new home as necessary.
- He cannot have any contact with Avery or Halbach's family.
Dassey has until noon CT Tuesday to notify the probation office of his intended address. Federal probation officers will inspect the dwelling to determine if it's a suitable place for him to stay.
"I'm just real happy for Brendan and Barb (Janda), Brendan's mother, that things are starting to move forward," cousin Kim Ducat said. "I am in total shock right now. As far as Judge Duffin, God bless him for listening and reading and paying attention to the fine print of what actually happened."
Monday's development marks another milestone in the hopes of getting Dassey released from prison for good, she said. She doesn't believe that Dassey will be retried for Halbach's murder because she thinks the evidence is too weak.
"(The prosecution) has tried their hardest to keep everything under wrap and keep the two guys in prison, and it does not seem to be working for them anymore," Ducat said.
Tom Kertscher reports for the Milwaukee Journal Sentinel; John Ferak and Alison Dirr report for The (Appleton, Wis.) Post-Crescent. Follow them on Twitter: @KertscherNews, @johnferak and @AlisonDirr
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