Convict Profiled In ‘Making A Murderer’ Ordered Released

MADISON, Wis. (AP) — A man whose homicide conviction was overturned in a case profiled in the Netflix series “Making a Murderer” could be celebrating Thanksgiving at home with his family in Wisconsin after a judge on Monday ordered him released from federal prison.

Brendan Dassey’s release was ordered by U.S. Magistrate Judge William Duffin even as prosecutors appeal the judge’s earlier ruling overturning Dassey’s conviction. Wisconsin Attorney General Brad Schimel promised to file an emergency motion in the U.S. Court of Appeals for the 7th Circuit to keep Dassey behind bars.

Duffin ruled in August that investigators tricked Dassey into confessing he helped his uncle, Steven Avery, rape, kill and mutilate photographer Teresa Halbach in 2005. The state has appealed that ruling and argued Dassey should remain in prison while it was pending.

Dassey, 27, was convicted of first-degree intentional homicide, second-degree sexual assault and mutilating a corpse. He was sentenced to life in prison in 2007. Court documents describe Dassey as a slow learner who had poor grades and has difficulty understanding language and speaking.

In his August ruling, Duffin said investigators made specific promises of leniency to Dassey and that no “fair-minded jurists could disagree.” Schimel, in his appeal, said investigators didn’t promise leniency and they specifically told Dassey that no promises could be made.

Halbach was killed after she visited the Avery family’s salvage yard in Manitowoc County.

Avery was convicted in a separate trial and was also sentenced to life in prison.