Wisconsin wants 'Making a Murderer' inmate to stay in jail

Gladys Abbott
June 27, 2017

In a response filed Monday, the state said if the full Seventh Circuit Court of Appeals rules against it or does not take the case, it would consider asking the Supreme Court to review the case.

Dassey has been incarcerated since his conviction in state court over the murder of freelance photographer Teresa Halbach in northeastern Wisconsin in October 2005.

The ruling states that Dassey's confession to helping his uncle, Steven Avery, rape and kill Halbach was involuntary under the Fifth and Fourteenth Amendments to the U.S. Constitution.

A federal judge overturned his conviction a year ago, ruling investigators coerced Dassey into confessing.

Dassey's attorneys last Friday filed paperwork seeking his release from prison based on a Seventh Circuit Court of Appeals decision in Dassey's favor.

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Hit documentary Making a Murderer detailed Dassey's previous conviction of first-degree intentional homicide, mutilation of a corpse and first-degree sexual assault. He was sentenced to life.

His attorney, Laura Nirider claimed in the bail that Dassey, as a successful habeas petitioner, should be released pending a decision by the state, which has 90 days to bring new charges or agree to set him free. The case gained worldwide attention after the release of "Making a Murderer" on Netflix. "False confessions (are not) beneficial to the prosecutor whose goal is to find, punish, and incapacitate the actual criminal, they are not beneficial to grieving relatives and friends who want to bring justice to the perpetrator of a crime, and, of course, they are of no benefit to a wrongfully accused defendant". Avery was sent to prison for life without parole and is appealing his conviction. Authorities insisted the series was biased. Avery, he wrote, is "by any measure of the evidence, stone guilty".

After that, Dassey's attorneys asked for his release pending any state appeal.

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