Making a Murderer's Brendan Dassey has asked to be released from prison while the courts decide whether or not to grant the State's appeal in his murder case.
Dassey's conviction for the murder of Theresa Halbach was overturned last month with the Judge noting that the courts had significant doubts as to the reliability of the confession Dassey gave to investigators in 2006 which implicated himself in Halbach's murder. Judge Duffin noted that the confession was "as a practical matter, the entirety of the case against him.”
The overturned conviction would have led to Dassey's release after a 90 day period but the State of Wisconsin appealed the ruling last week.
Dassey's lawyers have now filed a motion to allow his release while the courts decide his case. In their motion they've noted the that given what is now known about Dassey's confession, the State has not demonstrated a high likelihood of success and that they would face an uphill battle should they decide to retry him.
They also pointed to the fact that Dassey has been an exemplary prisoner during his ten years behind bars. They concluded that Dassey would not be a flight risk due to the fact that he has neither a passport or a driver's licence, comes from very little means and his entire family on both sides resides in the Two Rivers-Manitowoc area.