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Brendan Dassey decision the talk of his hometown: “A lot of people think he should be free”

MISHICOT -- Brendan Dassey will not be home for the holidays. That was the ruling from the Seventh Circuit Court of Appeals in Chicago Thursday, November 17th. The court sided with Wisconsin Attorney General Brad Schimel, and blocked Dassey's release.

This week, the media has been staked out, outside Columbia Correctional Institution in Portage -- where Dassey is being held.

Columbia Correctional Institution

Columbia Correctional Institution

Brendan Dassey

Brendan Dassey

After anticipation that his release was imminent, we learned Thursday Dassey will not be leaving prison this week.

Now 27, Dassey was set to be freed under the supervision of the US Probation Office, but Schimel filed a motion Tuesday seeking a stay of US Magistrate Judge William Duffin's decision to release Dassey pending the appeal of his 2007 murder conviction.

In 2005, Dassey, then 16, confessed to authorities that he assisted his uncle, Steven Avery, in raping and killing photographer Teresa Halbach, whose charred remains were found on Avery family property in Manitowoc County, Wisconsin.

Teresa Halbach

Teresa Halbach

Avery property

Avery property

Steven Avery and Brendan Dassey

Steven Avery and Brendan Dassey

The case was chronicled in the 10-part Netflix series "Making a Murderer," which suggested that investigators took advantage of Dassey's youth and limited intellect to coax him into confessing to a crime he didn't commit.

Court documents stated that Dassey IQ's was "assessed as being in the low average to borderline range." Dassey, now incarcerated in the state's Columbia Correctional Institution, later recanted.

Brendan Dassey

Brendan Dassey

Brendan Dassey

Brendan Dassey

In a September motion following a lower court ruling in Dassey's favor, Schimel said two state courts had examined evidence in the case and determined that Dassey's confession was voluntary and not the product of "constitutionally impermissible tactics."

Duffin overturned Dassey's conviction in August, citing the manner in which the confession was attained. He called it "so clearly involuntary in a constitutional sense that the court of appeals' decision to the contrary was an unreasonable application of clearly established federal law."

Dassey will stay in prison pending the outcome of the appeal.

The changing decisions have come so fast, in Dassey's hometown of Mishicot, newspaper headlines were outdated Thursday. In the small village, there was a sense of disappointment.

Mishicot

Mishicot

"They said what they wanted him to say, and then they go and slap the cuffs on him. Well that's not right," said David Kraemer.

"The people that come in here do not think he should be in there," said Abbi Koch.

The case has been the talk of the town down the road from the property where Dassey and his uncle, Steven Avery, once lived.

Mishicot

Mishicot

"I think they should let him out until they figure if he really did do it," said Koch.

While some said they back Dassey, most of those FOX6 News spoke with don't feel the same way about Avery.

"A lot of people think he should be free due to that 'Making a Murderer.' It's not necessarily a documentary as much as it is pushing information," said Michelle Thompson.

With this story not over yet, a quiet town will keep talking.

"They should let him out," said Koch. mishicot3

"That's pretty much where I stand. He really didn't do anything," said Thompson.

Dassey's fate is now in the hands of the Seventh Circuit Court of Chicago. There is no timeline as to how long it will take to review the case.

As for Avery, he's serving a life sentence at a Wisconsin prison.

He maintained his innocence throughout his original trial. He said he was framed and is seeking a new trial.

Netflix "Making A Murderer"

Netflix "Making A Murderer"