Steven Avery's Lawyer Jerry Buting Responds To A Judge Ordering Brendan Dassey’s Release From Prison — UPDATE
On Monday, it was announced that a Milwaukee-based federal judge ordered the supervised release of Brendan Dassey pending a potential retrial and the prosecutors' appeal. In 2007, Dassey, alongside his uncle Steven Avery, was convicted for the murder of Teresa Halbech. In August of this year, Dassey's conviction was overturned; this ruling was then appealed by the Wisconsin Attorney General Brad Schimel. Avery filed a motion to appeal his conviction in January. Avery's former attorney, who was also featured in Netflix's Making a Murderer with Avery and Dassey, Jerry Buting responded to Dassey's prison release in a statement released to Bustle on Monday. Update: On Thursday, Nov. 17, the AP reported that federal appeals court blocked Dassey's release from prison.
Earlier: It reads:
I'm very gratified that Judge Duffin ordered the release of Brendan Dassey on bail supervision pending the state appeal of his decision to the 7th Circuit court of appeals. The young man has already spent more than 10 years in prison and he has every incentive to cooperate with his bail supervision. I'm optimistic that his attorneys will prevail on appeal and this nightmare will effectively be over for him and his immediate family. I'm sure Steven Avery will continue his own efforts to reverse his unjustified conviction.
Update: On Wednesday, Nov. 16, it was announced that the judge ordered that Dassey be released by 8 p.m. on Friday, Nov. 18. The court rejected the state's emergency motion to keep Dassey in prison pending appeal.
Earlier: Dassey's lawyer, Steven Drizin, confirmed his client's release on Twitter Monday by tweeting, "It's true. Judge Duffin granted Brendan's bond motion! More later. Someone from MAM nation will download order. I'm unable to for hours."
In regards to the news, the Wisconsin Department of Justice released the following statement,
Today, U.S. Magistrate Judge William Duffin granted a motion for release in the Brendan Dassey case. Attorney General Brad Schimel intends to file an emergency motion in the Seventh Circuit seeking a stay of this release order.
At the time of Dassey's overturned conviction on Aug. 12, People obtained a copy of the court's decision, which read,
The investigators repeatedly claimed to already know what happened on Oct. 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.
Schimel released the following statement in September regarding the appeal:
We believe the magistrate judge’s decision that Brendan Dassey’s confession was coerced by investigators, and that no reasonable court could have concluded otherwise, is wrong on the facts and wrong on the law. Two state courts carefully examined the evidence and properly concluded that Brendan Dassey’s confession to sexually assaulting and murdering Teresa Halbach with his uncle, Steven Avery, was voluntary, and the investigators did not use constitutionally impermissible tactics.