Published: Wed, June 28, 2017
Global Media | By Meredith Barber

Decision day on Brendan Dassey's possible release

Decision day on Brendan Dassey's possible release

The federal appeals court in Chicago on Thursday upheld a lower court's ruling from a lower court overturning his conviction.

His new attorney, Kathleen Zellner, recently filed a motion to the state of Wisconsin arguing that Avery deserves a new trial.

Monday will decide whether Brendan Dassey will be released from prison or if he'll stay behind bars.

In Tuesday's filing, Dassey's attorneys called the state's effort to block Dassey's release an "extraordinary step". The documentary raised doubts about America's legal process and some viewers believe Dassey and Avery are innocent of the crimes they were convicted for.

The prison release of "Making a Murderer" subject Brendan Dassey has once again encountered another hitch.

The writ of habeas corpus is granted unless the State of Wisconsin elects to retry Dassey within 90 days of issuance of this court's final mandate, or the Supreme Court's final mandate.

The linchpin of the state's case, Dassey's purported confession, was the result of Dassey responding to promises of leniency from officers who peppered Dassey with details they wanted to hear him repeat, Judge Rovner wrote in the court's opinion. The lawyers pointed out the convict will be harmful to public if released. A jury in 2007 convicted him of first-degree intentional homicide, mutilating a corpse and second-degree sexual assault.

"Dassey, seeking the promised result - freedom, or avoidance of conflict - searched for the narrative that the investigators would accept as 'the truth, '" she said. However, Dassey's conviction was overturned last August on the grounds that his confession was coerced. Their cases burst into the national consciousness after the "Making a Murderer" series debuted in December 2015.

Brendan Dassey is pictured in this undated booking photo obtained by Reuters Jan. 29, 2016.

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.

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