Brendan Dassey’s conviction has officially been overturned

Cassie Delaney

Fans of Netflix’s Making a Murderer will be delighted to learn that Brendan Dassey’s conviction has officially been overturned.

According to Law Newz, a federal judge has ordered that Dassey be released from custody, unless within 90 days of the date of his decision, the state of Wisconsin initiates proceedings to re-try him

An excerpt of the judges decision was obtained and reads:

…the state courts unreasonably found that the investigators never made Dassey any promises during the March 1, 2006 interrogation. The investigators repeatedly claimed to already know what happened on October 31 and assured Dassey that he had nothing to worry about. These repeated false promises, when considered in conjunction with all relevant factors, most especially Dassey’s age, intellectual deficits, and the absence of a supportive adult, rendered Dassey’s confession involuntary under the Fifth and Fourteenth Amendments….

IT IS THEREFORE ORDERED that Brendan Dassey’s petition for a writ of habeas corpus is GRANTED. The respondent shall release Dassey from custody unless, within 90 days of the date of this decision, the State initiates proceedings to retry him. See Jensen v. Schwochert, 2013 U.S. Dist. LEXIS 177420, 55 (E.D. Wis. Dec. 18, 2013). The Clerk shall enter judgment accordingly.

Teresa Halbach was murdered in October, 2005. Her charred remains of Halbach were discovered on the Avery property, as was her Toyota RAV4 vehicle, cell phone, car key, and license plates. Avery was charged with the murder of Halbach, mutilation of a corpse, and illegal possession of a firearm after Avery’s blood was found in her vehicle. Avery’s defense team argued that the evidence was planted and that Avery was framed by the Manitowoc County Sheriffs Department in retaliation for a $36 million lawsuit that Avery initiated as the result of an earlier wrongful conviction. Depositions in the lawsuit had taken place at the end of September 2005.

Dassey’s uncle, Steven Avery was charged with the murder of Halbach, mutilation of a corpse, and illegal possession of a firearm after Avery’s blood was found in her vehicle. Avery’s defense team argued that the evidence was planted and that Avery was framed by the Manitowoc County Sheriffs Department in retaliation for a $36 million lawsuit that Avery initiated as the result of an earlier wrongful conviction. Depositions in the lawsuit had taken place at the end of September 2005.

BREAKING: Brendan #Dassey conviction overturned by federal judge in #Milwaukee #Halbach murder #Makingofamurderer

— John Diedrich (@john_diedrich) August 12, 2016

After a series of interrogations, Dassey, who was Avery’s alibi, confessed to being a co-conspirator in the rape and murder of Halbach and was arrested and charged on March 3, 2006 with being party to a first-degree homicide, sexual assault, and mutilation of a corpse. Dassey later recanted his confession in a letter to the trial judge.

Dassey’s conviction was questioned by many after the hit docuseries revealed that the then teen was coerced into confessing to his part in the murder of Theresa Halbach. He was 17 at the time.