MILWAUKEE, WI (WTAQ) – A federal judge has overturned Brendan Dassey’s conviction for the murder of Teresa Halbach.
In the 91-page decision, Federal Judge William Duffin was critical of the work done by original defense attorney Len Kachinsky, calling it “indefensible” but says that’s not the basis to overturn the conviction.
“However, the state courts unreasonably found that the investigators never made Dassey any promises during the March 1, 2006 interrogation. The investigators repeatedly claimed to already know what happened on October 31 and assured Dassey 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 under the Fifth and Fourteenth Amendments. The Wisconsin Court of Appeals’ decision to the contrary was an unreasonable application of clearly established federal law.
Dassey will not be released immediately, as Judge Duffin gave prosecutors 90 days to initiate proceedings to retry him.
The Wisconsin Attorney General’s office said it is working on a statement about the decision.
Dassey and his uncle, Steven Avery, were convicted in the Oct. 31, 2005 murder of Halbach – a freelance photographer who went to the Avery’s property to take photos for a car sales magazine.
