Prosecutor Files Brief in Brendan Dassey Appeal

Prosecutors filed brief in the appeal in Brendan Dassey case on Wednesday in a federal appeals court.

In the appeal, prosecutors said Dassey’s confession was voluntary.

 According to prosecutors, Dassey spent four months “guilt-ridden over his participation in Teresa Halbach’s brutal rape and murder.”

In a court document, he lost 40-pounds and would just stare into space and start crying.

According to the court document, “Two months after his crimes, Dassey revealed to his cousin that he had seen Halbach “pinned up in the bedroom” and had seen “body parts in a fire behind Avery’s garage.”

Investigators during the interview allegedly assumed Dassey was a witness.

According to the court document, “when they sensed he was withholding the next part of his story, they pushed back and told him to be completely honest. “

According to prosecutors, the investigators did not make promises to Dassey and “clearly explained to Dassey that they could not make any promises.”

The appeal says the during the 3 hour interview the investigators did not threaten or intimidate Dassey.

Seventh Circuit Court of Appeals ordered the stay of Brendan Dassey's release from prison in November.

The court ruled the stay is pending resolution of the appeal. 

The State was fighting to keep Brendan Dassey behind bars in the wake of an order from Judge William Duffin to release him.

The now 27-year-old was convicted in the 2005 murder of Teresa Halbach in Manitowoc County.

On Monday, Judge Duffin ordered Dassey be released while his case works through the appeals courts, but this afternoon Wisconsin Attorney General Brad Schimel asked for that order to be halted.

Judge Duffin also overturned Brendan Dassey’s conviction back in August.

Wisconsin Attorney General Brad Schimel is appealing both the overturned conviction and the order for release and says until that process is complete Dassey should stay in prison.

In the motion, filed late Tuesday afternoon, Schimel argued Judge Duffin cannot order Dassey's release, because the judge already halted the order to overturn the conviction. Schimel’s motion states “It stayed the judgment while the decision is on review in the Seventh Circuit such that no relief may be granted.”

And while the judge pointed to Dassey's nearly spotless prison record as an indication there is minimal risk to the public, Schimel disagrees, arguing "Dassey confessed to extremely violent offenses." And that "Dassey's release should be regarded as a serious public safety issue."

Schimel also highlights the negative impact Dassey's release will have on Teresa Halbach's family.

Schimel requested that Duffin rule on the motion to halt Dassey’s release by 4 PM Wednesday. As of now, Dassey remains locked up.

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