Dassey asks for prison release while state appeals case

Brendan Dassey DOC photo
Dept of Corrections photo

MANITOWOC COUNTY, Wis. (WBAY) – Brendan Dassey is requesting to be released from prison while the Wisconsin Attorney General appeals a federal judge’s decision that his murder conviction be overturned.

Dassey and his uncle Steven Avery were convicted in the 2005 murder of freelance photographer Teresa Halbach in Manitowoc County. On Aug. 12, a federal judge overturned Dassey’s conviction, saying his confession to the crime was coerced. Wisconsin Attorney General Brad Schimel announced on Sept. 9 that he would appeal that judge’s decision.

In a motion filed on Wednesday, Dassey’s attorney says her client has been held in custody since he was 16 years old for a conviction that a court has now overturned. She argues that the state has not demonstrated a strong likelihood of success on appeal.

The attorney also argues that Dassey had no criminal record prior to his arrest. Prison records reveal that during his nearly 10-year stay in prison, Dassey has had only two disciplinary infractions, both of which were minor, and that he does not pose a flight risk.

Dassey and his attorneys have developed a release plan. It involves the help of a social worker. They plan to use Dassey’s first one to three months while out on bond living with his family outside of Manitowoc before starting counseling while living in an apartment in Brown County.

The Center on Wrongful Convictions of Youth released this statement to Action 2 News:

On September 14, 2016, we filed a motion asking the Court to release Brendan on bond during the State of Wisconsin’s appeal. We will not be publicly commenting on this motion at this time. As in the past, we ask Brendan’s supporters to refrain from contacting the judge or prosecutors about this motion. As always, Brendan, his family, and his attorneys remain grateful for your support.”

Rebecca Ballweg, a spokesperson for the Wisconsin Department of Justice, also released a statement to Action 2 News: “The State opposes the motion for release filed by Brendan Dassey’s attorneys. The magistrate judge has already addressed this issue by ordering that the judgment be stayed during the appeal. Under the appellate rules, any request should therefore be directed to the Seventh Circuit at this time. We will vigorously oppose any motion for release because we are confident that Dassey’s conviction will be reinstated on appeal.”
To read the full motion, click the following link: dassey-motion-to-be-released-from-prison

 

 

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