‘Making a Murderer’ nephew’s lawyers file new papers asking for release

Bendan Dassey

MANITOWOC, WI (WBAY) – Brendan Dassey’s lawyers continue trying to get him out of prison as the state appeals a judge’s decision to overturn his conviction.

Dassey and his uncle Steven Avery were convicted in the 2005 murder of Teresa Halbach in Manitowoc County.

Previous story: Conviction overturned for Steven Avery’s nephew in ‘Making a Murderer’ case

In August, a federal judge overturned Dassey’s conviction, saying the confession of the then-16-year-old boy was coerced.

At the time, a judge said the state had 90 days to decide whether to appeal, re-try the case or release Dassey from prison.

In September, the state announced it was planning to appeal.

Dassey’s lawyers requested that Dassey be released from prison while the state appealed. The state responded, opposing his release, calling Dassey a “danger to the public.”

Tuesday his lawyers sent another message to the court, arguing that case law supports releasing Dassey on his own recognizance. They point out the state never argued in its response that Dassey was a flight risk. They also argue imprisoning a person who was convicted unconstitutionally does more harm to the prisoner than it benefits public safety. They point to news reports of violence at Wisconsin prisons, including Columbia Correctional, where Dassey is being held.

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