Brief filed in federal appeals court: Prosecutors argue Brendan Dassey’s confession was voluntary

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Brendan Dassey

Prosecutors on Wednesday, December 21st filed a brief in federal appeals court arguing Brendan Dassey voluntarily and accurately confessed to the rape and murder of Teresa Halbach.

The filing was part of a larger appeal of a ruling in August that overturned Dassey’s 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.

Judge William 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.”

In a September motion following the lower court ruling in Dassey’s favor, Attorney General Brad 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.”

Dassey’s attorneys on December 6th filed new documents outlining why Dassey should be released from prison.

It could take months before the courts reach a decision.

Meanwhile, Dassey remains behind bars.

A federal appeals court in November blocked Dassey’s release after Schimel and the DOJ fought it.

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

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.

Dassey and Avery are each serving life sentences for the death of Halbach.

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

2 comments

  • Umake Melaugh

    Omg!! What’s wrong with these people?!?! They don’t have a case! All they are doing by refusing to acknowledge that they messed up and continue to insist on keeping this innocent man in jail is reinforce the already poor opinion of a broken judicial system. Shame on you for this decision! The world is watching you!!! You all deserve what’s coming!

  • theworldiswatching

    I agree with what the previous person wrote. The world is watching and more are learning of it every day. I just found out about this story and more and more will. We now know how the coerced confession came about. This police department should be ashamed of themselves. We have a right to protect our freedom, and they offered no protection to a MINOR. I will stand with those that seek to free Brendan on this basis alone so that this does not happen to someone else. I am sick to my stomach since learning what has happened in the case. This child should never have been taken out of school and interrogated by the police department without any parent or legal counsel present. 10 years he has served without just and true due process. Let him go. Create laws protecting minors from ever having this happen again. If we do not protect our rights, justice cannot be served for all. The pressure is on for the courts to do the right thing now. Deny the appeal and keep Judge Duffin’s ruling. Free Brendan Dassey!!! Do the right thing, it is time.

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