'Making A Murderer': Brendan Dassey Released

[Confused Mark Wahlberg]

Making a Murderer's Brendan Dassey Released from Prison as Conviction for Teresa Halbach's Murder Overturned

Judge Overturns Making A Murderer Subject Brendan Dassey's Conviction
Brendan Dassey
Eric Young/AP

By Chris Harris @chrisharrisment

08/12/2016 AT 04:35 PM EDT
A federal judge has overturned Brendan Dassey's conviction for the 2006 murder of Teresa Halbach, meaning Steven Avery's nephew will be released from prison within the next three months.

Court officials confirmed Friday's decision to exonerate Dassey, who, along with Avery, served as the subjects of the hit Netflix true crime documentary series, Making a Murderer.

PEOPLE obtained a copy of Judge William Duffin's decision, in which he characterized the "misconduct" of Dassey's first attorney, Len Kachinsky, as "indefensible."

The judge's order claims the detectives who were investigating Halbach's murder promised Dassey prosecutorial leniency in exchange for his cooperation during his March 1, 2006, interrogation.

"The investigators repeatedly claimed to already know what happened on October 31 and assured Dassey that he had nothing to worry about," the decision reads. "These repeated false promises, when considered in conjunction with all relevant factors, most especially Dassey's age, intellectual deficits, and the absence of a supportive adult, rendered Dassey's confession involuntary under the Fifth and Fourteenth Amendments."

The judge's decision suggests he had "significant doubts" concerning the reliability of Dassey's confession.

"Crucial details evolved through repeated leading and suggestive questioning and generally stopped changing only after the investigators, in some manner, indicated to Dassey that he finally gave the answer they were looking for," the ruling reads. "Purportedly corroborative details could have been the product of contamination from other sources, including the investigators' own statements and questioning, or simply logical guesses, rather than actual knowledge of the crime."

Kathleen Zellner, Avery's new attorney, tells PEOPLE "we are thrilled for Brendan Dassey that his conviction has been overturned," adding "we fully expected this outcome from an unbiased court that carefully examined his confession."

According to Zellner, she was just visiting with Avery who "is so happy for Brendan. We know when an unbiased court reviews all of the new evidence we have, Steven will have his conviction overturned as well."

In March 2006, Dassey, then 16, told investigators he had helped his uncle, Steven Avery, rape and murder photographer Teresa Halbach on Oct. 31, 2005. But he later recanted, claiming the confession had been coerced.

Dassey's confession to law enforcement is perhaps the most debated aspect of the Netflix series.

On the day of the confession, lead investigators Tom Fassbender and Mark Wiegert pulled Dassey out of school and questioned him alone for hours.

During that questioning, Dassey told investigators he had helped Avery kill Halbach, saying that they shot her in the head and burned her body at a bonfire on the Avery property later that evening.

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

However, after seeing portions of the confession on Netflix, many came to believe he was led by Fassbender and Wiegert, who repeatedly question him until the teen gives them a confession.

In a recorded exchange with his mother, Barb Janda, following the confession, Dassey says, "They got in my head." The teen later denied that he ever saw Halbach and said he had nothing to do with her murder.

A second season of the Netflix show is in production but the streaming service has provided no information on when the new season will debut.

[Deleted]

I haven't watched it (or any other Netflix original, and I know nothing about the case really), but wasn't there some controversy that there actually was a lot of evidence against him that the makers of the documentary were just ignoring?

[魔界5号]

Aug 12, 2016 16:38:21 GMT -5 Confused Mark Wahlberg said:

By Chris Harris @chrisharrisment

Braden Walker has done well for himself.

[Big Poppa Pumpkin]

Aug 12, 2016 16:43:17 GMT -5 Lizuka #BLM said:

I haven't watched it (or any other Netflix original, and I know nothing about the case really), but wasn't there some controversy that there actually was a lot of evidence against him that the makers of the documentary were just ignoring?

Based on what I saw, it looked like a confused and scared young guy with possible cognitive difficulties being coerced  and pressured into giving a false confession

[A Platypus Rave]

Aug 12, 2016 16:43:17 GMT -5 Lizuka #BLM said:

I haven't watched it (or any other Netflix original, and I know nothing about the case really), but wasn't there some controversy that there actually was a lot of evidence against him that the makers of the documentary were just ignoring?

that's the other guy Steven Avery.

[Juice]

Aug 12, 2016 16:43:17 GMT -5 Lizuka #BLM said:

I haven't watched it (or any other Netflix original, and I know nothing about the case really), but wasn't there some controversy that there actually was a lot of evidence against him that the makers of the documentary were just ignoring?

There was a book written a few years before the netflix show that looks at this objectively. The author was a criminal prosecutor in the state. He did an interview on Midnight in the Desert a few months ago that was fascinating.

Basically the show does only lean toward a conspiracy against Stephen Avery. That he was always innocent.

The book and interview agree he was innocent of the first crime that put him in bars but was arressted something le 23 times before, was violent, possibly mentally disabled etc.

The nephew is mmr and was probably telling the truth. Stephen used him to murder the girl among other things.

Its super interesting and netflix has a great following but from a true crime perspective they did not offer the whole story and are even doing a follow up in the same vein.

The nephew is guilty too and is only hetting out because his disabilitiy was used against him by investigators

[pegasuswarrior]

Aug 12, 2016 18:17:25 GMT -5 Juice said:

Aug 12, 2016 16:43:17 GMT -5 Lizuka #BLM said:

I haven't watched it (or any other Netflix original, and I know nothing about the case really), but wasn't there some controversy that there actually was a lot of evidence against him that the makers of the documentary were just ignoring?

There was a book written a few years before the netflix show that looks at this objectively. The author was a criminal prosecutor in the state.

Criminal prosecutor in the state, eh? A colleague of the snake that was the prosecutor in both cases. Strike one.

Aug 12, 2016 18:17:25 GMT -5 Juice said:

The book and interview agree he [Stephen] was possibly mentally disabled etc.

Aug 12, 2016 18:17:25 GMT -5 Juice said:

The nephew is mmr and was probably telling the truth. Stephen used him to murder the girl among other things.

So he's mentally disabled AND a master manipulator crime genius capable of fooling and tricking millions of people? That's ... yeah ... something.

I'm only making my comments for the sake of counterargument. People are going to come down on one side or the other and it's all good. Just pointing out some clear issues with the author of that book. No problem at all with the thought that he or they did or didn't do it. Just trying to say that the author has some holes, as do both sides.

[wankah]

That current attorney of Avery's been pretty active as well lately, wonder how much this thing has correlation to that case.

[BRV]

I'm all for giving Dassey a new trial, even though I think he is guilty, but to outright release him from jail really rubs me the wrong way. It honestly feels like they let a murderer walk out of jail because of a procedural gaff. His confession being coerced by police doesn't make him any less guilty of murder in my eyes.

[Juice]

Aug 12, 2016 18:30:12 GMT -5 pegasuswarrior said:

Aug 12, 2016 18:17:25 GMT -5 Juice said:

There was a book written a few years before the netflix show that looks at this objectively. The author was a criminal prosecutor in the state.

Criminal prosecutor in the state, eh? A colleague of the snake that was the prosecutor in both cases. Strike one.

Aug 12, 2016 18:17:25 GMT -5 Juice said:

The book and interview agree he [Stephen] was possibly mentally disabled etc.

Aug 12, 2016 18:17:25 GMT -5 Juice said:

The nephew is mmr and was probably telling the truth. Stephen used him to murder the girl among other things.

So he's mentally disabled AND a master manipulator crime genius capable of fooling and tricking millions of people? That's ... yeah ... something.

I'm only making my comments for the sake of counterargument. People are going to come down on one side or the other and it's all good. Just pointing out some clear issues with the author of that book. No problem at all with the thought that he or they did or didn't do it. Just trying to say that the author has some holes, as do both sides.

I didnt say retarded i said disabled. I work with these individuals as career and to manipulate comes second nature to those people. It would be very easy to manipulate the nephew to slit a girls throat and rape her when his iq is about a 60.
And dont counter argue just do so read the book know the facts then state an opinion

[Crappler El 0 M]

I think it's very safe to say that Wisconsin will not retry Dassey. There was so little evidence outside of the confession that has now been judged as involuntary.

[fuzzywarble, squat cobbler]

Aug 12, 2016 17:36:19 GMT -5 A Platypus Rave said:

Aug 12, 2016 16:43:17 GMT -5 Lizuka #BLM said:

I haven't watched it (or any other Netflix original, and I know nothing about the case really), but wasn't there some controversy that there actually was a lot of evidence against him that the makers of the documentary were just ignoring?

that's the other guy Steven Avery.

Is this the guy who was proven to have been an animal abuser?

[Juice]

www.amazon.com/Innocent-Killer-Conviction-Astonishing-Aftermath/dp/1627223630/ref=sr_1_1?ie=UTF8&qid=1471056039&sr=8-1&keywords=Michael+Griesbach

Here's the link to the book if anyone is interested in a completely objectionable look at this whole case. Takes no sides, just presents facts. If you are a time traveler on Midnight in the Desert his interview was phenomenal.

["Gizzark" Mike Wronglevenay]

Avery was always debatable and the documentary is biased, but there was no evidence against Brendan except his confession and an alarming number of people think that innocent people don't confess.

I'm not sure he should get out, but a retrial, yeah.

[metylerca]

You think he's watched WrestleMania 21 yet?

[Crappler El 0 M]

Aug 13, 2016 11:27:21 GMT -5 "Gizzark" Mike Wronglevenay said:

Avery was always debatable and the documentary is biased, but there was no evidence against Brendan except his confession and an alarming number of people think that innocent people don't confess.

I'm not sure he should get out, but a retrial, yeah.

I think Dassey will be released. There's simply not enough evidence to try him without the confession.

[xxshoyuweeniexx]

Aug 13, 2016 11:35:21 GMT -5 metylerca said:

You think he's watched WrestleMania 21 yet?

Of course. Don't be strange.

["Gizzark" Mike Wronglevenay]

Aug 13, 2016 12:05:57 GMT -5 xxshoyuweeniexx said:

Aug 13, 2016 11:35:21 GMT -5 metylerca said:

You think he's watched WrestleMania 21 yet?

Of course. Don't be strange.

Is this an extremely obscure reference to the show? Because me and my lass tell each 'don't get strange' in a rural Wisconsin accent all the time.

[LexExpress]

Aug 12, 2016 21:42:56 GMT -5 Juice said:

www.amazon.com/Innocent-Killer-Conviction-Astonishing-Aftermath/dp/1627223630/ref=sr_1_1?ie=UTF8&qid=1471056039&sr=8-1&keywords=Michael+Griesbach

Here's the link to the book if anyone is interested in a completely objectionable look at this whole case. Takes no sides, just presents facts. If you are a time traveler on Midnight in the Desert his interview was phenomenal.

Really, you thought that book didn't take sides? I thought the guy was so biased against Avery it was unreal. He even makes a point similar to one in the Netflix doc, that "even if" he didn't do the first crime, it's a shame he got released because Theresa would still be alive now. 

Plus his reasoning for why the police wouldn't have planted evidence is basically "I know them and they're sound blokes in my opinion". Hmmm.

[Juice]

Aug 14, 2016 16:39:11 GMT -5 LexExpress said:

Aug 12, 2016 21:42:56 GMT -5 Juice said:

www.amazon.com/Innocent-Killer-Conviction-Astonishing-Aftermath/dp/1627223630/ref=sr_1_1?ie=UTF8&qid=1471056039&sr=8-1&keywords=Michael+Griesbach

Here's the link to the book if anyone is interested in a completely objectionable look at this whole case. Takes no sides, just presents facts. If you are a time traveler on Midnight in the Desert his interview was phenomenal.

Really, you thought that book didn't take sides? I thought the guy was so biased against Avery it was unreal. He even makes a point similar to one in the Netflix doc, that "even if" he didn't do the first crime, it's a shame he got released because Theresa would still be alive now. 

Plus his reasoning for why the police wouldn't have planted evidence is basically "I know them and they're sound blokes in my opinion". Hmmm.

Nope because he constantly maintains his innocence in the first crime. Just because .Doesn't paint Avery as a victim considering his life of crime and violence that came before this stuff. Including holding a sheriffs wife at gun point and only letting her go when he saw a baby in the car.


Again, seek out his interview with Heather Wade it is probably the best 3 hours of content examining. He even said he would have defended Avery the first time around if not for a conflict of interest. Did you read this book? Its been years since I have and I may be spotty but I think you're wrong on the tone.