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Explainer: What happens next to Brendan Dassey of Making A Murderer?

After his his conviction was overturned, he may be released from prison in the next 90 days unless the authorities schedule a new trial.

HE WAS A cause celebre for the Netflix generation.

But now that Brendan Dassey, made famous by the streaming service’s documentary Making A Murderer, has had his conviction overturned, you’d be forgiven for thinking that he can now walk free.

It’s a little more complicated than that.

Although his original conviction no longer stands, Dassey has been told he must be released from prison within the next 90 days – unless authorities schedule a new trial.

Who is Dassey?

A 26-year-old from Wisconsin, back in 2007 Dassey was convicted, along with his uncle Steven Avery, of the 2005 murder of photographer Teresa Halbach.

He was made famous by the 2015 Netflix documentary series Making A Murder, which outlined numerous alleged flaws in the case against him - and prompted demands for judicial review.

The 10-part series by Laura Ricciardi and Moira Demos, released in December, suggested that police investigators had unfairly questioned Dassey, then 16, without a lawyer or parent present.

MISSING WOMAN AVERY Steven Avery in court in 20066. AP / Press Association Images AP / Press Association Images / Press Association Images

Judicial review

A judicial review of the case led to Dassey’s conviction being overturned last Friday by a federal judge.

In a 91-page ruling, US Magistrate Judge William Duffin was highly critical of investigators, Brendan Dassey’s original attorney Len Kachinsky, and the state courts, concluding that Dassey’s constitutional rights were violated.

What were the flaws in the case?

Magistrate Duffin also wrote that Dassey’s confession could not be considered safe because of promises made to him by police.

He said: “These repeated false promises, when considered in conjunction with all relevant factors, most especially Dassey’s age, intellectual deficits, and the absence of a supportive adult, rendered Dassey’s confession involuntary under the Fifth and Fourteenth Amendments.

The Wisconsin Court of Appeals’ decision to the contrary was an unreasonable application of clearly established federal law.

A review of transcripts and several hours of recordings of the interrogations showed that Dassey — who at the time was a learning-disabled 16-year-old with no police record — was repeatedly questioned without an attorney by the prosecution’s investigators, who allegedly “fed” him facts of the crime that he eventually confessed to.

Dassey’s first lawyer, Kachinsky, not only allowed Dassey to be questioned alone, but had his own investigator pressure Dassey to confess.

Missing Woman Jerome Buting, who represented Steven Avery at the initial trial. AP / Press Association Images AP / Press Association Images / Press Association Images

Unlike Avery, whose conviction was based largely on DNA evidence, no physical evidence linked Dassey to the death and assault of Halbach.

A 25-year-old photographer, Halbech was last seen alive with Avery, outside the latter’s Manitowoc County trailer, on Halloween 2005.

After separate trials in 2007, both Avery and Dassey were sentenced to life in prison.

Dassey was convicted of three different charges: first-degree intentional homicide, mutilation of a corpse, and first-degree sexual assault.

Is Dassey free now?

Not quite. Judge Duffin ordered that Dassey needs to be released from custody — unless, within 90 days from 12 August, the date of the judgment, “the State initiates proceedings to retry him.”

So Dassey could go to trial again, if the state of Wisconsin so decides.

It is unclear whether or not the state can present new information if Dassey were to be retried.

According to Steven Govin, a criminal defence attorney in Milwaukee, Wisconsin, they can’t use Dassey’s statement — a key piece of evidence in the original trial.

What about Making a Murderer?

Netflix is currently preparing a second season of the popular series, which first aired in December 15.

While they have yet to release the full details for the remake, the new series is likely to focus on the judicial review, and its aftermath.

Read: Making a Murderer’s Brendan Dassey’s conviction overturned

Read: Strang and Buting “relieved” Brendan Dassey’s conviction was overruled

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35 Comments
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    Mute alphanautica
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    Jan 8th 2017, 8:27 AM

    If collectively an enterprise lacks commercial merit it tends to go out of business.

    The curse of the private sector.

    190
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    Mute Rose Sexy
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    Jan 8th 2017, 10:46 AM

    Will virgin give us utv back.

    95
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    Mute james
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    Jan 8th 2017, 9:41 AM

    Bad very bad ,crap station

    149
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    Mute Congress Tart
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    Jan 8th 2017, 9:56 AM

    “We are still proud of what we managed to do.”

    No offence, but you did nothing.

    134
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    Mute Arien
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    Jan 8th 2017, 8:15 AM

    No different to any other redundancy situation or merger. Thousands have experienced this, suck it up.

    117
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    Mute Alan b..
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    Jan 8th 2017, 8:28 AM

    People at UTV thought us Irish were silly little creatures who would swallow up their sad excuse of TV did they think we were stupid

    197
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    Mute TehJurolan
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    Jan 8th 2017, 12:12 PM

    Calling it UTV Ireland was the first joke decision – a station that showed 95% British content – most of which was chav sh*te.

    111
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    Mute Colin O Leary
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    Jan 8th 2017, 10:47 AM

    Terrible comments by some, kicking people when they are down, best of luck in the future whoever lost a job

    103
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    Mute Paul Devlin
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    Jan 8th 2017, 10:19 AM

    Anyone who thought UTV Ireland would produce a Channel 4 News style show was either a bit deluded or had never viewed UTV news. One is a proper news show the other is largely about sick kids/puppies that are being ‘brave, rugby and sucking up to old soldiers and the British monarch. Hardly the stuff an ambitious young hack should aspire to

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    Mute Ciara McCorley
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    Jan 8th 2017, 11:22 AM

    The announcer between programs said “UTV island”…. Couldn’t even say Ireland! That’s bugged me from the beginning!

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    Mute Dónal O'Flynn
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    Jan 8th 2017, 4:44 PM

    @Ciara McCorley: Perhaps it was intentional? Ulster (Television!) says yes?

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    Mute ted hagan
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    Jan 8th 2017, 10:25 PM

    @Ciara McCorley:
    Yea Peter Robinson of the DUP also seemed to find it difficult to say Ireland.

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    Mute Les Behan
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    Jan 8th 2017, 10:06 AM

    ““This was a brand new employer with a brand new national news service, so it presented a great opportunity for young journalists who were coming up the ranks. To be part of a team that launches something new, there’s a buzz that you just don’t get in another job.”

    Yeah that’s why they then hired Pat Kenny! The dogs on the street knew this was going to fail the minute it was announced.

    67
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    Mute Michael McGuinness
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    Jan 8th 2017, 10:42 AM

    Rubbish station, showed repeatit UTV, ITV. Don’t think new channel 3Be, be any better.

    66
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    Mute john g mcgrath
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    Jan 8th 2017, 1:07 PM

    Tallaght T V expanding

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    Mute Veroníca
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    Jan 8th 2017, 8:41 AM

    Will poor Pat Kenny still have a job or will he have to go back to RTE with his tail between his legs!!! Never do for pat to be outta a job!

    64
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    Mute Justin Gillespie
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    Jan 8th 2017, 10:00 AM

    @Veroníca: Another half wit who doesn’t bother reading the article before coming out with hateful, half witted nonsense.

    103
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    Mute Pauliebhoy
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    Jan 8th 2017, 10:07 AM

    And 29 people at this age agreeing too

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    Mute Pauliebhoy
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    Jan 8th 2017, 10:08 AM

    *stage

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    Mute Niall O'Keeffe
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    Jan 8th 2017, 10:08 AM

    @Veroníca: “Poor” Pat Kenny? Who works for both TV3 and Newstalk? Somehow, I think he’ll be okay.

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    Mute Congress Tart
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    Jan 8th 2017, 10:26 AM

    @Niall O’Keeffe: Turn on your sarcasm detector, dumbass.

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    Mute Bean Ui Mise
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    Jan 8th 2017, 11:55 AM

    Why are people knocking PK for working? Plenty people contribute nothing.

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    Mute Veroníca
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    Jan 8th 2017, 5:14 PM

    I have no doubt he will Niall! He can always retire on his healthy savings!

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    Mute alan hopkins
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    Jan 8th 2017, 11:16 AM

    More repeats by a crap station. Won’t be watching

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    Mute nialls
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    Jan 8th 2017, 11:21 AM

    Good because it will be difficult to watch from next week

    43
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    Mute Patrick James Walsh
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    Jan 8th 2017, 12:15 PM

    Maybe if UTV Ireland had scheduled programmes that people actually wanted to watch, if might have succeeded, after all they had access to the entire ITV network, it`s as if they didn`t want to succeed, bizzare, go figure.

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    Mute David Walsh
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    Jan 8th 2017, 12:49 PM

    @Patrick James Walsh: They actually hadn’t access to the entire ITV network though. Both ITV the company and ITV the network had anything to do with UTV Ireland bar licencing some TV shows to them.

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    Mute Max Johnson Powers
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    Jan 8th 2017, 5:30 PM

    They had access to content from ITV Studios. That’s how they had the Graham Norton Show.

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    Mute David Walsh
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    Jan 9th 2017, 12:06 AM

    @Max Johnson Powers: No, they had access to show some programmes. That was negotiated between them and the programmes owners.

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    Mute cyril.1
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    Jan 8th 2017, 11:46 AM

    Ducking shite station with shite presenters

    24
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    Mute Terry Cahill
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    Jan 8th 2017, 1:34 PM

    Good riddance to it ! Total failure to deliver ! Also an insult to the deaf community with no subtitles available on prime time shows like Midsummer murders ! Should not even have been allowed to broadcast. Paid no attention to complaints and were virtually uncontactable. And you don’t have to ask the football lovers what they thought of the disappearance of the international soccer matches that they would have seen on the UTV as we had it before. Say nothing about the reappearance of ” The Plank” aka Pat Kenny ! On yer bike … and quick about it ! .

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    Mute Irish Cottage Rental
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    Jan 8th 2017, 7:39 PM

    One island – two UTVs – was destined to fail. Bring back UTV from Belfast.

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    Mute Jason Pigott
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    Jan 8th 2017, 4:47 PM

    Sorry to say, but as a viewer utv Ireland was crap, they tried to pull the wool over viewers eyes with so called new shows that we’re constantly repeats even playing Lorraine twice in a day I’m mean seriously just give us back utv and stop all the nonsense

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    Mute Sean Buckley
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    Jan 8th 2017, 5:01 PM

    All that money wasted.We were happy with UTV in the first place.

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    Mute Imnotrodten
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    Jan 8th 2017, 8:27 AM

    Oh no.

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    Mute Vivion Styles
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    Jan 9th 2017, 4:37 PM

    Lost foot football and rugby so this UTV can go and f&ck off. I never bothered to even see what was on cause I knew they only show absolute crap. Great tat its gone…

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