|
Magistrate Judge
William Duffin ruled that the guilty verdict returned by a trial
jury in 2007 against Brendan Dassey was based on a coerced
confession he gave as a 16-year-old youth with a learning
disability.
Dassey and his uncle, Steven Avery, were convicted in separate
trials of killing freelance photographer Teresa Halbach at
Avery's home in Manitowoc County, Wisconsin. Halbach's charred
remains were found in an incineration barrel and a burn pit on
Avery's property, about 80 miles (130 km) north of Milwaukee.
The case was the subject of the 10-part Netflix-released
<NFLX.O> documentary "Making a Murderer," which questioned the
handling of the investigation and the motivation of Manitowoc
County law enforcement officials, who sent Avery to prison in
1985 for a rape he did not commit.
"As we have done for the past 10 years, we will continue to
document the story as it unfolds, and follow it wherever it may
lead," film makers Laura Ricciardi and Moira Demos said in a
joint statement.
Avery served 18 years in prison before DNA evidence exonerated
him of the rape. He filed a $36 million federal lawsuit against
the county, its former sheriff and district attorney in 2004.
A year later, Avery and his nephew were accused of killing
Halbach. Dassey was convicted of first-degree intentional
homicide, second-degree sexual assault and mutilation of a
corpse. Avery was found guilty of first-degree intentional
homicide and being a felon in possession of a gun.
The Emmy-nominated documentary suggests authorities planted
evidence against both defendants, a claim rejected by the
current sheriff.
In his ruling on Friday, Duffin wrote that misconduct by
Dassey's own lawyer was "indefensible," including his permitting
investigators to interrogate his client without being present.
The judge also faulted Dassey's interrogation by investigators,
who assured the teenager "he would not be punished if he
admitted participating in the offenses" and that "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," Duffin said.
Dassey is set for release within 90 days unless prosecutors plan
to retry him.
Avery has filed a notice of appeal in his own case. His
attorneys were not immediately available for comment.
(Reporting by Justin Madden in Chicago; Editing by Steve Gorman
and Leslie Adler)
[© 2016 Thomson Reuters. All rights
reserved.] Copyright 2016 Reuters. All rights reserved. This material may not be published,
broadcast, rewritten or redistributed.
 |
|
