Prosecutors Appeal Overturned Conviction of Making a Murderer Subject Brendan Dassey
Brendan Dassey, the Wisconsin man whose murder conviction was questioned on the popular Making a Murderer documentary series on Netflix, will have to spend at least a little more time in prison.
Brad Schimel, the attorney general in Wisconsin, on Friday appealed a federal judges Aug. 12 decision that overturned Mr. Dasseys conviction in the 2005 killing of Teresa Halbach, a 25-year-old photographer in Manitowoc, Wis. In overturning the conviction, the judge, William E. Duffin of the Eastern District of Wisconsin, gave prosecutors 90 days to schedule a new trial or free him from prison.
The appeal of the judges decision means that Mr. Dassey will remain in prison pending the outcome.
The 10-part Netflix series by Laura Ricciardi and Moira Demos, released in December, suggested that police investigators unfairly questioned Mr. Dassey, then 16, without a lawyer or parent present. He was portrayed as mentally unfit, and suggested investigators coerced him into a confession. Judge Duffin agreed, saying that the authorities conduct was unconstitutional.
But Mr. Schimel, in a statement released on Friday, said: We believe the magistrate judges decision that Brendan Dasseys confession was coerced by investigators, and that no reasonable court could have concluded otherwise, is wrong on the facts and wrong on the law. Two state courts carefully examined the evidence and properly concluded that Brendan Dasseys confession to sexually assaulting and murdering Teresa Halbach with his uncle, Steven Avery, was voluntary, and the investigators did not use constitutionally impermissible tactics.