State appeals decision overturning Dassey conviction

In this Aug. 2, 2007 file photo, Brendan Dassey is escorted into court for his sentencing in Manitowoc. (Herald Times Reporter/Eric Young via AP, Pool)

(WLUK/AP) -- State prosecutors have appealed a decision overturning Brendan Dassey's conviction for his role in the murder of Teresa Halbach.

A federal magistrate judge ruled Aug. 12 that investigators used deceptive tactics to coerce Brendan Dassey to confess to helping Steven Avery rape and kill photographer Teresa Halbach in 2005. Dassey was 16 at the time. The case gained worldwide attention late last year with the release of the Netflix series "Making a Murderer."

“We believe the magistrate judge’s decision that Brendan Dassey’s confession was coerced by investigators, and that no reasonable court could have concluded otherwise, is wrong on the facts and wrong on the law,” Attorney General Brad Schimel said in a news release. “Two state courts carefully examined the evidence and properly concluded that Brendan Dassey’s confession to sexually assaulting and murdering Teresa Halbach with his uncle, Steven Avery, was voluntary, and the investigators did not use constitutionally impermissible tactics.”

Schimel's office appealed the ruling to the 7th U.S. Circuit Court of Appeals on Friday. His office filed notice of appeal with the court but documents outlining the state's arguments will come later.

“The Halbach family has been notified of the appeal and fully supports the State’s decision to seek justice on behalf of their daughter,” Schimel said.

The judge ordered that Dassey be released within 90 days, unless prosecutors appealed or retried him.

On Friday, Dassey's brother Brad, told FOX 11 News, "I think they should give my brother a fair chance, despite what they did to him in the first place. Give the poor kid a break for God's sake."

Dassey's attorney Steven Drizin released the following statement:

We are disappointed in the State's decision to prolong Brendan's case by seeking an appeal. We look forward to continuing to defend his rights in court. Like Brendan, we remain grateful to his many supporters for their continued loyalty and strength.

On Twitter, the attorney handling Avery's case said the state's appeal was "prolonging the injustice."

Dassey and Avery are serving life sentences.

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