Judge: Brendan Dassey Must Be Released By Friday

Schimel Announces Filing Of Emergency Motion Requesting To Stay Friday Release

Brendan Dassey
Eric Young/AP Photo

A federal judge has ordered a man convicted in the case featured in the Netflix series “Making a Murderer” must be released from prison by Friday evening.

U.S. Magistrate Judge William Duffin ruled in August investigators tricked Brendan Dassey into confessing he helped his uncle, Steven Avery, rape, kill and mutilate photographer Teresa Halbach in 2005 and overturned his conviction. State attorneys have been arguing he should remain in prison while they pursue an appeal.

Duffin ordered him released Monday. Wisconsin Attorney General Brad Schimel asked Duffin on Tuesday to stay his ruling, but Duffin issued an order Wednesday saying Dassey must be released by 8 p.m. Friday.

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In his order for Dassey’s release, Duffin wrote Schimel’s petition to keep Dassey behind bars “re-argued” points already “considered and rejected by the court.”

However, after the order Wednesday, Schimel filed an emergency motion in the 7th U.S. Circuit Court of Appeals requesting to stay the release.

Dassey and Avery’s cases gained national attention after they were featured in “Making a Murderer” last year.

Dassey’s half-brother said he looks forward to his release, but knows life won’t be the same for him.

Brad Dassey told WTMJ-AM he’s kept in touch with Dassey while he’s been incarcerated. Thirty-three-year-old Brad Dassey, of Manitowoc, said he’ll give his half-brother a big hug and will tell him he loves him upon his release.

If and while released on supervision, Dassey must not travel outside of the jurisdiction of Wisconsin’s Eastern District Court, and not have contact with Avery or the Halbach family, and will have to keep in contact with probation officers and a social worker.

Editor’s Note: This story has been updated to include original reporting from WPR.