MILWAUKEE (WTAQ) - A federal magistrate, who previously overturned the conviction of Brendan Dassey, has granted him supervised release from prison.
That's the decision Monday by U.S. Magistrate Judge William E. Duffin of Milwaukee, saying that Dassey should be released from prison while the state appeals his decision tossing the conviction for the 2005 murder of Teresa Halbach.
A statement was posted on Monday by Dassey's attorney, Laura Nirider:
"Today, the District Court granted Brendan Dassey’s motion for release on bond. We are in the process of making arrangements for his release and hope that Brendan will be reunited with his family by Thanksgiving, if not sooner. We urge everyone to respect Brendan’s privacy during this time of transition.
As we give thanks this holiday season for family and friends, our food will taste all the sweeter because we know that for the first time in ten years, Brendan will be celebrating in freedom with his family, too."
However, the release from prison is not immediate and comes with several conditions. Any violation of these conditions would result in his being returned to custody.
Among the conditions:
- Dassey shall not violate any federal, state, or local law.
- Dassey must appear in court as required and surrender to serve any sentence, as ordered by a court.
- Dassey shall comply with any applicable law regarding sex offender registration.
- Dassey shall be supervised by the United States Probation Office. He shall report as it directs.
- Dassey shall cooperate with the United States Probation Office including being available for any home visit it deems necessary.
Dassey also has to provide the federal probation and parole office the address of his intended residence by noon Tuesday.
It's unclear from the judge's order how long it would take for the government to approve that location, or how long until he would be released.
"It's true. Judge Duffin granted Brendan's bond motion!" read a tweet from Dassey's attorney Steven Drizin. "More later. Someone from MAM nation will download order. I'm unable to for hours."
In a statement Monday afternoon from the Wisconsin Department of Justice, Attorney General Brad Schimel will file an emergency motion in the U.S. 7th Circuit Court of Appeals seeking a stay of the order.
Dassey and his uncle Steven Avery were convicted in separate trials in 2007 for their roles in the Halbach murder.
Their case received national attention beginning late last year with the release of the Netflix series "Making a Murderer."