Prosecutors filed a court document on Tuesday asking that Steven Avery’s nephew and subject of Making a Murderer, Brendan Dassey, remain in prison while his appeal is pending.
In August, Federal Magistrate Judge William Duffin ruled that Dassey’s confession – that he helped Avery kill 25-year-old photographer Teresa Halbach – was unlawful as it was coerced during his interrogation with the police. Duffin ruled that Dassey should be freed unless prosecutors appealed.
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Brendan Dassey: ‘Release must be viewed as a serious threat’
However, the Wisconsin Department of Justice has argued that Duffin does not hold jurisdiction over the motion to free Dassey. Even if the judge did have jurisdiction, prosecutors said, “the balance of relevant factors and considerations… weigh heavily in favor of continued custody.”
As reported by FOX 6, in a brief filed by the DOJ on Tuesday, attorneys said that Dassey should remain behind bars as he is a “serious threat to public safety.”
“His release must be viewed as a serious threat to public safety, regardless of his recent conduct in a controlled prison setting,” the state said in the motion.
Brendan Dassey: Request should be directed to Seventh Court
The state added that the family and loved ones of Halbach would be “irreparably harmed” as a result of Dassey’s release.
The state said there is a “good reason” to believe that, following the appeal, the judge’s ruling will be overturned. As reported by Post Crescent, prosecutors argued that the request should be directed to the Seventh Circuit.
Meanwhile, Dassey’s lawyers are asking the magistrate to release Dassey while his appeal is pending.