The Netflix “documentary” Making a Murderer set out to make it appear that Steven Avery was wrongfully convicted of a murder in a small town after previously being wrongfully convicted of rape. Most people feel that the evidence proved his guilt, but the show was able to give many others reasonable doubt.
The one thing that really bothered me from the little I saw of the show was a video of police interrogating Brendan Dassey, Steven Avery’s nephew about the murder. On the night of the murder, Steven had invited Brendan to a bonfire and Brendan showing up for that, got sentenced to life in prison with no parole for 41 years after he was convicted of first-degree intentional homicide, second-degree sexual assault, and mutilation of a corpse. I believe this is because Avery burned the body in the fire? I’m not really sure as I did not keep up with this case.
Today, U.S. Magistrate Judge William Duffin overturned Dassey’s conviction. Dassey has a very low IQ and it is obvious from the video that the sixteen year old, who was interrogated with no parent or attorney present, did not understand what was going on .
The ruling says that “misconduct” by Dassey’s lawyer, Len Kachinsky, in defending Dassey was “indefensible.”
The confession was ruled to be involuntary and based on false promises by interrogators. Dassey’s age and intellectual deficits contributed to his false confession.
The state has ninety days to appeal the federal order or Dassey must be released from prison. The state has yet to make a decision about filing an appeal.
The kid has been in prison for almost ten years. I would find it appalling if the state appealed the decision.
On the other hand, Stephen Avery continues to attempt an appeal of his case. His attorney feels like this will help him to win his appeal as well.
Avery’s new attorney told WISN 12 News on Friday afternoon that she is thrilled Dassey’s conviction has been overturned.
“We fully expected this outcome from an unbiased court that carefully examined his confession. I was just visiting Steven Avery, and he is so happy for Brendan. We know when an unbiased court reviews all of the new evidence we have, Steven will have his conviction overturned as well,” Kathleen Zellner said.
I think Avery is guilty and should stay in prison. What do you think?