MILWAUKEE, Wis. (WBAY) – Wisconsin Attorney General Brad Schimel has filed an emergency motion asking the United States Court of Appeals Seventh Circuit to keep Brendan Dassey in prison.
Earlier, United States District Court magistrate William Duffin denied the state’s request, but Schimel is now asking a higher court to keep Dassey in prison.
Judge Duffin’s earlier ruling said Dassey must not be released any later than 8 p.m. on Friday, Nov. 18. With this emergency motion, it’s not clear whether Dassey will actually be released by Friday.
Schimel is asking the United States Court of Appeals Seventh Circuit to respond to his request by Friday.
Dassey and his uncle Steven Avery were convicted of 1st degree intentional homicide and sentenced to life in prison for the 2005 murder of freelance photographer Teresa Halbach in Manitowoc County.
The case has gained global attention through the Netflix true crime show “Making a Murderer.”
In his argument, Schimel lists a few reasons why he believes Dassey should stay in prison. He argues that the state has a strong likelihood of success on appeal, that Dassey’s release would irreparably harm the state, that Dassey’s interests do not warrant a release, and that his release would harm the public interest.
The state argues that the federal court didn’t have the authority to issue the order for Dassey’s release, and it believes the appeals court will reverse the decision.
To view Schimel’s full argument, click on the following link: motion
Dassey’s attorneys filed a response to the state’s argument. They say the state has not made an argument that would overcome Dassey’s conviction being overturned. They also argue that the state has failed to identify any harm that would be suffered if Dassey were to be released.
To view the full argument from Dassey’s attorneys, click on the following link: dassey-response
Dassey was 16 years old when he was sentenced to life in prison. Now 27, Dassey is housed in Columbia Correctional Institution in Portage.
In August, U.S. magistrate Duffin overturned Dassey’s conviction, saying his confession was coerced by investigators.
Schimel has been fighting to prevent Dassey’s release from prison. The DOJ has appealed Duffin’s ruling that overturned Dassey’s conviction.
The state believed its decision to appeal would keep Dassey behind bars during the appeals process.
Should Dassey be released, he will need to obey a list of conditions. Conditions include: Dassey shall not violate any laws, he must appear in court as required, he cannot have a gun or weapon, he cannot possess any controlled substances, and he cannot have contact with Steven Avery or the family of Teresa Halbach. His travel will be restricted to the Eastern District of Wisconsin.
A social worker and probation officers will help Dassey transition to life out of prison after 10 years behind bars.
Action 2 News is at Columbia Correctional Institution and will continue to update this breaking news story.
Dassey’s uncle Steven Avery is in the process of appealing his conviction. Since his trial, Avery has been adamant that he was framed for Halbach’s murder by Manitowoc County investigators.
Avery attorney Kathleen Zellner has said she’s pinned down testing that can determine the age of blood in Teresa Halbach’s car to determine if it was planted from a vial of Avery’s blood police had almost ten years earlier, in 1996.
In September, a Wisconsin Court of Appeals granted Avery’s request to temporarily suspend the appeals process so the defense could have more time to complete testing of evidence.