Attorney General Brad Schimel files notice of appeal in Brendan Dassey case

MADISON -- Wisconsin's attorney general is appealing a ruling that overturned the conviction of a man accused of helping his uncle kill a woman in a case documented in the Netflix series "Making a Murderer."

Brendan Dassey was sixteen years old when he confessed to helping his uncle Steven Avery rape and kill photographer Teresa Halbach in 2005. On August 12, a federal magistrate ruled investigators used deceptive tactics  to coerce the mentally challenged teen in to confessing.

Steven Avery and Brendan Dassey

Steven Avery and Brendan Dassey

The judge ordered that Dassey be released within 90 days, unless prosecutors appealed or retried him.

Now, Attorney General Brad Schimel is filing to appeal the decision in the seventh court.

In a news release, Schimel stated the following:

"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. 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."

"The Halbach family has been notified of the appeal and fully supports the State’s decision to seek justice on behalf of their daughter."

The case of Dassey and his uncle Steven Avery was profiled in the Netflix documentary "Making a Murderer" and there is global interest in whether their convictions will stand.

Teresa Halbach

Teresa Halbach

The Center for Wrongful Convictions of Youth wrote a response on behalf of Dassey. It says: " We are disappointed in the state's decision to prolong Brendan's case by seeing and appeal."

Last month, Steven Avery's attorney, Kathleen Zellner, filed a motion in Avery's case asking to retest the evidence in his case.

Upon hearing of the appeal, Zellner tweeted out:

Dassey and Avery are serving life sentences.

11 comments

  • Michael

    I have never seen such a corrupt governmental system like this. Actually, I have because this kind of stuff happens all the time, we just don’t hear about it. In this case, it’s more like a Ponzi scheme. Not in the form of money, but once you start it, you have to keep it going or it falls flat on its face. All they are doing is delaying the inevitable. When it all goes down, they will go with it. If Steven is proven innocent and released, Brendan has to be released as well because it negates the entire crime.

  • Jody

    Halbach’s, I am sorry for your loss but find the real perpetrators! Gawd it’s almost like you are glad to be rid of her and lock who ever up for life, guilty or not. .did you not love your daughter?

      • Richard Boyd

        Ask a Fire Fighter, Police Officer, EMT, Nurse or Doctor in a Burn ward, a Cremator, or combat veteran whom has smelled burning flesh if Steven and Brendan could cremate Teresa Halbach in Steven’s fire pit under the same conditions as the prosecution contends. Evidently the sense of smell doesn’t work in Wisconsin. Yea you can completely incinerate a 120 lb body with just some junk laying around the yard. Why continue to be totally stupid?

  • Ernie

    I wonder if that was one of his children being questioned like that with no attorney present’ would he still appeal this decision?And say there was no injustice done?

  • Always Outspoken

    There sure are a lot of things I “reasonably doubt” in both this case and Avery’s . The tactics used to get Dassey’s confession, the lack of ANY bodily fluids at the (alleged) scene of the murder, evidence that was initially missed and then suddenly found in plain sight, etc. I don’t blame the jury for reaching the verdict they reached based on the evidence they were given – I just think some of the “evidence” (in both cases) should have been more closely scrutinized and possibly – especially in the case of Dassey’s confession – thrown out.

  • Brian

    Hey, why is my comment gone? Looks like all the comments that actually prove this kid was coerced into false confession are deleted. There was no flaming or reason for it to be removed. I should have expected that from FOX news.

    • Brian

      Actually I probably shouldn’t say “prove”, but the comments cast reasonable doubt in the original story. Brutally stabbing and shooting a person in a little room with not a single piece of DNA found? That trick is hard enough for a professional cleaner to do but an adult and a teenager who aren’t the brightest can achieve it? Yeah right!. Brandon just told the investigators what they wanted because they are “his friends and trying to help him”. The Attorney General needs to stop playing games and admit they messed up.

  • Justin Poole

    There is a website that hold all the documents and photos for Steven Averys case… The Rav4 photos are what get me the most… All of Halbach’s blood is darker, and more of a natural color for dried blood… In every place Avery’s alleged blood is, the color is an unnatural bright red as if it had just been placed there as the photo was taken… Or, containing blood preservatives.. You know, like the kind the FBI all of a sudden created a test for without proper parameters.. Another thing…. Why was there no luminol studies ? Why was the bedroom,garage,automobile, and even hallways, and bathrooms not tested with luminol?

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