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The Guardian - US
The Guardian - US
Entertainment
Ciara McCarthy in New York and agencies

Making a Murderer: Brendan Dassey could be freed as conviction overturned

Making A Murderer’s Brendan Dassey could be a free man

A judge overturned the murder conviction of Brendan Dassey, the subject of the Netflix documentary series Making a Murderer, on Friday.

Federal magistrate William Duffin handed down the ruling in the murder of Teresa Halbach of Wisconsin. Dassey and his uncle Steven Avery were found guilty in Halbach’s 2005 death in separate trials.

Duffin called the conduct of Dassey’s attorney “indefensible” in his ruling. He faulted Len Kachinsky, the public defender who initially represented Dassey, for spending more time talking to the press about the high-profile case than actually communicating with his client. In his first three weeks as Dassey’s attorney, Kachinsky spent 10 hours speaking to reporters and one hour with Dassey, according to Duffin.

Kachinsky was the subject of an outpouring of criticism after the series was released and viewers questioned his conduct. Kachinsky, who was removed from Dassey’s case and later decertified from the public defender’s office, reported having received hate mail from Dassey’s supporters after the documentary aired.

Duffin also cited the actions of investigators who elicited an “involuntary” confession from the then 16-year-old. Investigators who interviewed Dassey during his confession told the teenager that they already “knew everything that happened” and that they would “stand behind you no matter what you did”.

“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,” Duffin wrote in his 91-page ruling.

The trials were chronicled by the hugely popular series that was released in 2015. The show brought national attention to the case from a small town in Manitowoc County, Wisconsin. Film-makers followed the case for 10 years before the series aired.

Dassey, who was 16 at the time of the killing, confessed to having helped his uncle Steven Avery carry out the rape and murder of Halbach, but attorneys argued that the confession was coerced.

If prosecutors don’t refile charges within 90 days, Dassey will walk free.

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