The state of Wisconsin has filed an appeal almost a month after a federal judge granted 26-year-old Making a Murderer subject Brendan Dassey release from prison. Dassey was sentenced to life in prison in 2007 after being convicted of the murder and sexual assault of Teresa Halbach, a case examined in the Netflix docuseries, which will return for a second season.
The appeal comes before the time for an appeal ran out—90 days after the decision. A federal judge granted Dassey's release Aug. 12. It was ruled the then 16-year-old Dassey had his rights violated when he was interrogated without an adult present and that his murder confession was coerced by law enforcement.
Attorney General Brad Schimel said in the appeal, "We believe the magistrate judge's decision that Brendan Dassey's confession was coerced by investigators, and that no reasonable court could have concluded otherwise, is wrong on the facts and wrong on the law." He added, "Two state courts carefully examined the evidence and properly concluded that Brendan Dassey's confession to sexually assaulting and murdering Teresa Halbach with his uncle, Steven Avery, was voluntary, and the investigators did not use constitutionally impermissible tactics."
Kathleen Zellner, the attorney for Steven Avery, Dassey's uncle and main subject of MaM, tweeted:
As TMZ reported, Dassey is supposed to be released in November. As for Avery, he's currently appealing his conviction and Zellner has asked for time in order to conduct DNA testing on evidence that could free him.