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Brendan Dassey's Overturned Conviction Upheld

28 June 2017

Brendan Dassey could soon be a free man.

"The focus of the judge's decision was on the interrogation when Dassey confessed".

Dassey was 16 years old when he was questioned - and later charged - in connection with Halbach's murder. The appellate judges pointed to signs of fact-feeding and Dassey's desire to please his interrogators by agreeing with them or telling them what they wanted to hear.

Two years later, Avery brought a United States $36-million lawsuit against Manitowoc County for the wrongful conviction. Avery was behind bars for 18 years before DNA tests cleared his name.

The state of Wisconsin has since issued a statement regarding the appeals case.

A spokesman for Wisconsin's attorney general says an appeals court erred in affirming that a confession was improperly obtained from Brendan Dassey in a criminal case featured in the Netflix series "Making a Murderer".

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As a result, the pair of relatives have amassed supporters who are pushing for their release.

Calumet County Prosecutor Ken Kratz called a news conference shortly after investigators secured the confession, saying that Dassey described in detail Halbach's brutal assault and slaying.

"Halbach was killed at the Avery Salvage Yard, where she had been hired to photograph vehicles for a magazine, according to court documents". Her family has rebuked the show, claiming it was one-sided.

In the dissent, Judge David F. Hamilton said, "We also should not lose sight of the most damning physical evidence: the bones of Teresa Halbach, broken and charred, buried in the ashes of Avery's burn pit".

This is a major step towards him being freed.

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November 9, 2005: Avery is arrested and, based on past convictions for burglary and other crimes, charged with possessing firearms as a felon.

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

It appears to be a classic case of a false confession, and with questionable evidence and many odd coincidences leading to his uncle's conviction in the murder, there's plenty of people who are convinced that neither Dassey nor Avery were actually at fault. Weighed against this irrecoverable loss of time, it is undeniable that "every day Petitioner spends in prison compounds the substantial harm that he has suffered on account of imprisonment based upon an unconstitutional conviction". He said he was framed and is seeking a new trial.

February 12, 2007: Avery's trial begins. Innocent? Or guilty of a lesser charge? Avery was convicted of first-degree intentional homicide and unlawful possession of a firearm as a felon. Avery is acquitted of the charge of mutilating a corpse. A few factors and passages from Dassey's confession support the majority's view that the confession was not voluntary. Sentencing is scheduled August 2.

Steven Avery is serving life in prison without the possibility of parole. Dassey was sentenced to life in prison in 2007 in photographer Teresa Halbach's death two years earlier.

Despite the win, the panel's ruling does not guarantee Dassey an immediate escape from the appeals process.

However, Rovner countered that "no reasonable court" would ever have believed Dassey's confession was provided to police voluntarily. If they don't do either of those things in the next 90 days, then Dassey could be released from prison.

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However, it now looks like the 27-year-old could face a re-trail after a panel of three judges ruled against the prosecutors' appeal on Thursday night.