Attorneys working on behalf of Brendan Dassey filed a motion Wednesday asking a judge to release the Making a Murderer subject. At the same time, an appeal of a federal judge's recent decision to overturn a ruling convicting a then-16-year-old Dassey in the murder of 25-year-old Teresa Halbach is being processed. Dassey's attorneys argue the attorney general's chances of winning their appeal are slim given the lack of physical evidence pinning Dassey to the alleged crime scene and that her client should be released from prison now after serving more than 10 years. The release plan for Dassey shows that he is eager to get on with his life.
Dassey was convicted of first-degree intentional homicide, mutilation of a corpse, and first-degree sexual assault on March 17, 2007 and was sentenced to life in prison. However, Federal Magistrate William Duffin of Milwaukee overturned Dassey's initial conviction in August on the grounds his confession was unconstitutional due to his minor status, intellectual disabilities, and investigators' continued false promises. At his trial, Dassey had recanted his confession and claimed he was coerced into confessing to helping his uncle Steven Avery murder Halbach in 2005.
Dassey's motion for release argues that "the injury inflicted on Brendan Dassey by further detention — the continuing loss of the basic liberty enjoyed as a matter of right by every citizen of this country — is irreparable." It also argues that with no prior criminal record and only two disciplinary infractions incurred while in prison (he reportedly took packets of Ramen Noodles from another prisoner and was found to be in possession of a contraband checkerboard), Dassey is not a current flight risk or danger to society.
The plan provides a fairly detailed outline of how Dassey will transition back into society and spend his time outside of prison. According to Dassey's release plan, the now 26 year-old will "spend the initial one to three months of his release on bond living in a family owned trailer with his mother" in rural northeast Wisconsin before relocating to a rented apartment in Brown County. The plan also states Dassey will work with a social worker who specializes in helping prisoners transition into "the free world" and be "participating in educational, vocational, and therapeutic services in the Brown County area" after his release.
The Wisconsin State Department of Justice has said it will "vigorously oppose" Dassey's motion for release, USA Today reported. It is unclear when a judge will issue a ruling on Dassey's motion for release.