State Files Appeal to Block the Release of 'Making a Murderer' Subject Brendan Dassey

BY Brock ThiessenPublished Oct 20, 2016

While Making a Murderer subject Brendan Dassey had his conviction overturned this summer for his alleged part in the the murder of Teresa Halbach, the Wisconsin attorney general is working to keep him behind bars, asking the U.S. Federal Appeals Court to reverse its decision.

Documents were filed yesterday (October 19) asking the court to reverse its ruling that investigators had manipulated Dassey into confessing that he helped Steven Avery murder Halbach in 2005. While the court's decision in August effectively made the confession unlawful — and as such Dassey should be freed from prison — this latest filing is now fighting that ruling.

"What I think will happen is either the federal judge's decision will be upheld, in which case Brandan Dassey will be released, or the federal judge's decision will be reversed in which case his conviction will be upheld and he will remain in prison under the sentence for that conviction," legal analyst Avi Berk of Appleton told NBC in response to news of the appeal.

If the state of Wisconsin loses its appeal, it would have to go to the Supreme Court to keep Dassey behind bars. The appeals court, though, will likely take months to make its decision about Dassey's case, meaning he will not be released from prison anytime soon.

As previously reported, a judged ruled in August that authorities acted inappropriately by grilling Dassey, then 16, without the presence of an adult. The judge also said that investigators were wrong to assure Dassey that they were on his side.

Making a Murderer's other main subject, Steven Avery, was sentenced to life with no parole for 41 years after being convicted in 2007 of first-degree intentional homicide, second-degree sexual assault and mutilation of a corpse in the killing of Halbach. Like Dassey, Avery remains behind bars, but continues to appeal his conviction.

Meanwhile, a second season of Making a Murderer is in the works.

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