“Making a Murderer” subject Brendan Dassey will be home for Thanksgiving after the judge in his case rejected the state’s latest motion, TheWrap has learned.
According to a Wisconsin Department of Justice release obtained by TheWrap, Dassey will be discharged from prison no later than Friday at 8 p.m. Attorney General Brad Schimel plans to file an emergency motion on Wednesday in the U.S. Court of Appeals for the Seventh Circuit seeking a stay of this release order.
On Monday, a judge ordered Dassey’s supervised release, pending possible retrial.
According to court documents obtained by TheWrap, U.S. Magistrate Judge William E. Duffin granted Dassey’s motion for release conditional upon his supervision by the U.S. Probation Office. Dassey will not be allowed to obtain a passport and can only travel in the court’s Eastern District of Wisconsin. He is not allowed to possess a weapon or any controlled substances.
On Tuesday, Schimel filed an emergency motion to stay Dassey’s release.
The saga surrounding Teresa Halbach’s killing in Wisconsin around Halloween 2005 and whether Dassey’s uncle Steven Avery committed the brutal act was the focus of Netflix’s hit docuseries “Making a Murderer,” which gained wide acclaim and interest after it was released in December 2015.
Dassey, who is now 26, was convicted in 2007 of first-degree intentional homicide, second-degree sexual assault and mutilation of a corpse in Halbach’s murder. His lawyers filed this writ of habeas corpus in 2014.
In August, Dassey’s conviction was overturned. Judge Duffin granted Dassey’s writ for a petition of habeas corpus, finding that Dassey’s imprisonment was unlawful because his confession to the murder of Halbach was involuntary.