Lawyers for “Making a Murderer” subject Brendan Dassey have filed a motion to have him released from prison while Wisconsin’s appeal of his overturned conviction is being decided.
“On September 14, 2016, we filed a motion asking the Court to release Brendan on bond during the State of Wisconsin’s appeal,” Dassey’s lawyers told Buzzfeed in a statement.
“We will not be publicly commenting on this motion at this time,” the statement continued. “As in the past, we ask Brendan’s supporters to refrain from contacting the judge or prosecutors about this motion. As always, Brendan, his family, and his attorneys remain grateful for your support.”
The motion arrives a week after Wisconsin Attorney General Brad Schimel filed an appeal in the decision to free Dassey.
Had he not filed the appeal, the decision by a federal magistrate judge that overturned murder charges against Dassey would’ve resulted in his release by mid-November.
If the state’s appeal is unsuccessful, state prosecutors can still decide to re-try Dassey for the crimes.
The federal magistrate judge’s decision to overturn Dassey’s charges was primarily based on the questionable methods used while interrogating Dassey, who was about 16 at the time.
The investigators’ interrogations of Dassey were heavily featured on the Netflix series. Many who watched “Making a Murderer” were particularly aghast at the treatment of Dassey, who has learning disabilities and whose interrogation with police may have been marred by “interview contamination” – in which police let slip details to potential witnesses or suspects, leading them to believe and repeat certain facts.
As for Dassey’s uncle, Steven Avery, who is also serving life for the murder, his attorney, Kathleen Zellner, recently filed a request to retest evidence used in the trial against him in an attempt to prove that local investigators planted evidence. She has also said new, “crucial” witnesses have come forward.
Netflix is currently in production on a second season of “Making a Murderer.”