A three-judge panel from the 7th Circuit on Thursday affirmed the lower court and said Dassey should be freed unless the state of Wisconsin chooses to retry him.
The confession of a Wisconsin inmate featured in the Netflix series Making a Murderer was improperly obtained and he should be retried or released from prison, a three-judge USA federal appeals panel ruled. The majority opinion stated that, among many other things, "the leading, the fact-feeding, the false promises, the manipulation of Dassey's desire to please" were factors in their decision and that "no reasonable court" would have considered Dassey's confession legitimate.
"As of today's date, Brendan Dassey has lost 4,132 days of his life to prison", they added. Thursday's ruling may trigger steps toward his release.
Dassey, then 16, told detectives he helped his uncle, Steven Avery, rape and kill photographer Teresa Halbach in 2005. The follow-up episodes of the documentary series will follow Steven Avery's highly controversial case with his new legal representation as they challenge his conviction. "We anticipate seeking review by the entire 7th Circuit or the U.S. Supreme Court and hope that today's erroneous decision will be reversed".
The Wisconsin Department of Justice tells WBAY, "We are evaluating the 2-1 decision from the court".
Dassey's lawyer, Laura Nirider, of the Center on Wrongful Convictions of Youth at Northwestern University, said that they'll do whatever is legally possible to ensure that Dassey is released from prison and returns home to his family.
"The supporters of Steven Avery want to lump them together and say 'ah ha! see!" He's pursuing his own appeal in state court. Ken Kratz, the prosecutor, wrote in his book Avery that Dassey was "a shuffling, mumbling young man with bad skin and broken-bowl haircut" who could have saved Halbach's life but instead involved himself in her rape and murder and Avery is "by any measure of the evidence, stone guilty".
The 25-year-old woman's incinerated remains were found at the Avery family's scrapyard in Manitowac County, Wisconsin, in 2005. A three-judge panel issued its ruling Thursday.
Lawyers have vowed to fight to free Dassey, whose case garnered worldwide attention after featuring in the popular Netflix series. He gives prosecutors 90 days to decide whether to retry Dassey. "Dassey ought to be released, Avery completely different story".
The 27-year-old may have a chance of facing a re-trial after a panel of three judges yesterday, ruled against the U.S. prosecutors' appeal.
Last summer, we reported that the conviction ruling of Brendan Dassey was to be overturned, but in the months that followed, appeal after appeal arrived which saw Dassey remain in jail for a further ten months.