Dassey attorneys ask court to deny state's request for a rehearing

CHICAGO (WBAY) - Attorneys for Brendan Dassey have asked the Seventh Circuit Court of Appeals to deny the State of Wisconsin's request asking the full court for a rehearing.

In the letter, Attorney Laura Nirider writes, "Appellee Brendan Dassey respectfully asks this Court to deny the Appellant's petition for rehearing or rehearing en banc."

Click here to view Nirider's letter to the court.

In June, a three-judge panel ruled in a 2-1 decision that Dassey's confession to helping his uncle Steven Avery rape and murder Teresa Halbach was coerced by investigators, violating his constitutional rights.

The Wisconsin Department of Justice petitioned the full court to rehear the case, also known as "en banc." The DOJ argued that the panel's majority opinion "conflicts" with the Supreme Court and other appeals court findings when it comes to juvenile interrogations.

Nirider argues that the "result reached by district court and appellate majority was abundantly supported by U.S. Supreme Court law."

Nirider also makes the argument that a rehearing would impose a "heavy burden" on the court.

The state cannot respond, so the decision is now in the hands of the court.

Dassey and Steven Avery were each convicted of 1st Degree Intentional Homicide in 2007 for the murder of Halbach, and sentenced to life in prison. Investigators said the two killed the freelance photographer at the Avery property in Manitowoc County and burned her remains.

The crime’s brutality shocked people in Northeast Wisconsin and beyond. Prior to the murder, Avery had filed a $36 million lawsuit against the county for serving 18 years in prison for a rape he did not commit.

The Avery and Dassey cases gained international attention when they were featured on the Netflix docu-series "Making A Murderer." During the murder trial, Avery’s defense argued their client was framed for murder by investigators who wanted to seek revenge against Avery following the multi-million dollar lawsuit.

Avery is seeking a new trial with the help of Chicago-area attorney Kathleen Zellner. Zellner argues that new scientific testing undermines the state's case against her client.



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