Brendan Dassey’s attorneys file motion for his immediate release; state has until Monday to respond

CHICAGO — Brendan Dassey’s attorneys announced Friday, June 23rd they have filed a motion that Brendan be released immediately. The 7th Circuit Court of Appeals has ordered a state reply by 5:00 p.m. on Monday, June 26th.

This comes after Thursday, June 22nd the 7th Circuit Court of Appeals¬†affirmed a decision by a judge to overturn Brendan Dassey’s conviction, according to Dassey’s attorney. The three-judge panel said Dassey was coerced into confessing and should be released from prison.

Dassey’s attorney, Steven Drizin, posted to Twitter Thursday indicating the 7th Circuit Court of Appeals affirmed a decision by Judge Duffin — 2-1.

Drizin said “This round goes to Brendan Dassey 2-1,” with Judge Hamilton dissenting.

The final judgement issued by the 7th Circuit Court of Appeals says:

“The decision of the district court is affirmed, with costs, in all respects. The writ of habeas corpus is granted unless the State of Wisconsin elects to retry Dassey within 90 days of issuance of this court’s final mandate, or the Supreme Court’s final mandate. The above is in accordance with the decision of this court entered on this date.”

A spokesman for the Wisconsin Department of Justice issued this statement:

“We are evaluating the 2-1 decision from the court. We anticipate seeking review by the entire 7th Circuit or the United States Supreme Court and hope that the erroneous decision will be reversed. We continue to send our condolences to the Halbach family as they have to suffer through another attempt by Mr. Dassey to re-litigate his guilty verdict and sentence.”

Duffin on November 14th ordered the release of Dassey, ruling he be freed under the supervision of the US Probation Office after overturning his confession in August — saying investigators coerced Dassey, who was 16 at the time, and suffered from cognitive problems, into confessing.

The state appealed that ruling.