Chris Harris,People
On Wednesday, the lawyer representing Steven Avery filed a motion in court seeking a new trial for him in his conviction for the 2005 homicide of Teresa Halbach.
But what is happening with Brendan Dassey, Avery’s nephew and co-defendant in the case spotlighted by Netflix’s Making a Murderer, whose conviction was overturned in August?
According to prison records, Dassey remains behind bars at Columbia Correctional Institution in Portage as he awaits a decision from the three-judge panel considering an appeal from the state which seeks to restore the 2007 conviction.
It is unclear when the judges might rule on the appeal because no date for such a decision has been set, Dassey’s lawyers have told PEOPLE.
It could be several months before a written opinion is issued.
Dassey is serving a life sentence for intentional homicide, mutilation of a corpse and sexual assault. He was 16-years-old when he, during two separate police interrogations, confessed to helping Avery rape and kill Halbach, a 25-year-old photographer, who went missing on October 31, 2005.
Dassey later recanted, claiming the confession had been coerced.
Dassey’s confession to law enforcement is perhaps the most debated aspect of Making a Murderer. (Halbach’s family has rebuked the show, claiming it was one-sided.)
In February, Wisconsin prosecutors appeared before the panel of judges to appeal an August decision overturning Dassey’s conviction for the 2005 murder, which prosecutors immediately appealed.
Dassey’s attorney, Laura Nirider, argued before the panel that her client’s confession had been coerced by interrogators who repeatedly made “false promises of leniency” as they tried to ensure Dassey’s cooperation.
Footage from his videotaped confession shows investigators telling Dassey they were on his side — that they believed he had nothing to with Halbach’s killing. They can also be seen in the footage pressing him for more details.
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Nirider maintains his confession was based on information investigators fed to him.
During February’s hearing, Deputy Solicitor General Luke Berg said the confession was legitimate, noting the investigators who had questioned him about Halbach’s murder never made any explicit promises. Before confessing his alleged role in the killing, Dassey was handled by investigators as a witness and not a suspect, Berg said.
“Brendan Dassey chose to confess, to release those terrible images of Teresa Halbach that were haunting him,” Berg said Tuesday. “The investigators encouraged him to get it out but did not apply any improper pressure.”
If the three judges decide Dassey was unfairly convicted, the state will have to decide whether to put Dassey on trial again for Halbach’s murder or to free him.
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