MADISON, Wis. (AP) – A man whose homicide conviction was overturned in a case profiled in the Netflix series “Making a Murderer” could be celebrating Thanksgiving at home with his family in Wisconsin after a judge Monday ordered him released from federal prison.
Brendan Dassey’s release was ordered by U.S. Magistrate Judge William Duffin even as prosecutors appeal the judge’s earlier ruling overturning Dassey’s conviction. It’s not clear how quickly Dassey will be released. He faces a Tuesday deadline to provide information on where he will live. Wisconsin Attorney General Brad Schimel promised to file an emergency motion in the 7th U.S. Circuit Court of Appeals to keep Dassey behind bars.
Duffin ruled in August that investigators tricked Dassey into confessing he helped his uncle, Steven Avery, rape, kill and mutilate photographer Teresa Halbach in 2005. The state has appealed that ruling and argued Dassey should remain in prison while it was pending.
Dassey was convicted of first-degree intentional homicide, second-degree sexual assault and mutilating a corpse. He was sentenced to life in prison in 2007. Court documents describe Dassey as a slow learner who had poor grades and has difficulty understanding language and speaking.
In his August ruling, Duffin said investigators made specific promises of leniency to Dassey and that no “fair-minded jurists could disagree.” Schimel, in his appeal, said investigators didn’t promise leniency and they specifically told Dassey that no promises could be made.