A local Fox affiliate reports that Attorney General Brad Schimel, on behalf of Warden Michael Dittmann and the State of Wisconsin, has filed an appeal in the decision to free Brendan Dassey, the subject of Netflix docuseries “Making a Murderer.”
Seventeen years old at the time, Dassey was previously convicted of the 2005 murder of Teresa Halbach, alongside his uncle, Steven Avery.
In August, a federal magistrate ordered Dassey to be freed within 90 days unless prosecutors decided to try him for the murder again.
Instead, the state decided to appeal the decision. If the appeal is unsuccessful, they can still decide to re-try Dassey for the crimes.
“We believe the magistrate judge’s decision that Brendan Dassey’s confession was coerced by investigators, and that no reasonable court could have concluded otherwise, is wrong on the facts and wrong on the law,“ Schimel said in a statement to press on Friday. "Two state courts carefully examined the evidence and properly concluded that Brendan Dassey’s confession to sexually assaulting and murdering Teresa Halbach with his uncle, Steven Avery, was voluntary, and the investigators did not use constitutionally impermissible tactics.”
Schimel also stated that the Halbach family had been notified of the state’s appeal and fully supports its decision.
The August ruling by federal magistrate judge William E. Duffin Milwaukee was primarilly based on his belief that Dassey’s constitutional rights were violated when authorities questioned him without an adult present.
Additionally, Duffin said that Dassey’s learning disabilities made him more susceptible to coercion by interrogators.
Further, the judge disapproved of the interrogators’ use of bluffing during Dassey’s questioning. They told the teen at least 21 times that they knew exactly what happened to Halbach. The judge felt that would have had larger than usual effect on Dassey.
More to come…