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Judge overturns conviction of nephew in 'Making a Murderer' (w/video)

 
Brendan Dassey was 16 when he was convicted of murder. Now, 10 years later, he may be released.
Brendan Dassey was 16 when he was convicted of murder. Now, 10 years later, he may be released.
Published Aug. 13, 2016

MADISON, Wis. — A judge on Friday overturned the conviction of a Wisconsin man found guilty of helping his uncle kill a woman in a case profiled in the Netflix documentary series Making a Murderer, ruling that investigators coerced a confession using deceptive tactics.

U.S. Magistrate William Duffin in Milwaukee ordered Brendan Dassey freed within 90 days unless prosecutors decide to retry him. The state Department of Justice, which handled the case, declined to comment Friday. The state could also appeal Duffin's ruling.

Dassey's case burst into the public's consciousness with the popularity of the Making a Murderer series that debuted in December. The filmmakers cast doubt on the legal process used to convict Dassey and his uncle Steven Avery in the death of Teresa Halbach, and their work sparked national interest and conjecture. Authorities involved in the case have called the 10-hour series biased, while the filmmakers have stood by their work.

Dassey confessed to helping Avery carry out the rape and killing of Halbach, but his attorneys argued that his constitutional rights were violated throughout the investigation. Dassey didn't testify at his uncle's trial and his confession wasn't presented as evidence there. Both men are serving life sentences.

Duffin said in his ruling that investigators made false promises to Dassey by assuring him "he had nothing to worry about."

"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 (of the U.S. Constitution)," Duffin wrote.

Dassey, who is now 26, was 16 when Halbach, a photographer, was killed in 2005 after she went to the Avery family auto salvage yard to take pictures of some vehicles. Court papers describe Dassey as a slow learner with poor grades, with difficulty understanding some aspects of language.

Dassey was convicted of first-degree intentional homicide, second-degree sexual assault, and mutilation of a corpse in Halbach's killing. Avery was tried and convicted separately in the homicide.