Pending his appeal, the subject of Netflix's 'Making A Murderer' will not be allowed contact his uncle Steven Avery
A judge has ordered "Making a Murderer" subject Brendan Dassey released from prison, pending his appeal.
NBS Chicago reports that the granting of his release came during a ruling Monday, which outlined several conditions, including that he can only travel in the court's Eastern District of Wisconsin, cannot obtain a passport, cannot possess a gun or any other weapons or possess any controlled substances.
He also cannot contact his uncle Steven Avery, or the family of Teresa Halbach.
A federal magistrate judge ruled in August that investigators tricked Dassey into confessing he helped Avery, rape, kill and mutilate photographer Halbach in 2005. Dassey, who turned 27 Wednesday, was 16 at the time. The magistrate ordered that Dassey be freed unless prosecutors appealed or decided to retry him.
"Substantial police coercion" is required for any confession to be ruled involuntary, Schmel said.
Magistrate Judge William Duffin held that investigators made specific promises of leniency to Dassey and that no "fair-minded jurists could disagree." He cited one investigator's comment early in the interview that "you don't have to worry about things," plus repeated comments like "it's OK" and that they already knew what happened.
But the magistrate's ruling "ignores both the facts and the law," the attorney general said. Investigators didn't promise leniency, he said, and specifically told Dassey they couldn't make any promises.
Halbach was killed on Halloween 2005, after she visited the Avery family's salvage yard in Manitowoc County. Investigators allege Avery lured her there by asking her to take photos of a minivan. Dassey was sentenced to life in prison in 2007. Court documents describe him as a slow learner who had poor grades and has difficulty understanding language and speaking. Avery was convicted in a separate trial and was also sentenced to life in prison. He's pursuing his own appeal.