State Files Motion to Halt Release of Brendan Dassey

CBS 58—The State is fighting to keep Brendan Dassey behind bars in the wake of Monday’s 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.

Yesterday 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 argues 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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Wisconsin Attorney General Brad Schimel officially filed his appeal to the Seventh Circuit in the Brendan Dassey case. 

According to court documents, the state now appeals to the United States Court of Appeals for the Seventh Circuit all matters appealed in the original Notice of Appeal, and the district court’s order entered November 14, 2016, granting Petitioner Brendan Dassey’s motion for release.

AG Schimel is requesting to decide the motion by 4 p.m. on Wednesday.