PORTAGE, Wis. - A federal judge has ordered Brendan Dassey, whose case was made famous by the 2015 Netflix documentary Making a Murderer, to be released from prison by 8 p.m. Friday.
The ruling by U.S. Magistrate William Duffin comes one day after the Wisconsin Department of Justice filed a motion seeking to prevent Dassey's release from Columbia Correctional Institution in Portage.
Duffin on Monday ordered that Dassey be conditionally released while the state appeals his August decision to overturn Dassey's conviction in the 2005 murder of Teresa Halbach. The Seventh Circuit U.S. Court of Appeals in Chicago will handle the case.
"In the motion to stay the respondent largely re-argues the same points already considered and rejected by the court in deciding Dassey’s motion for release," Duffin wrote in the Wednesday order denying the state's motion. "The court finds that reconsideration of these arguments yields the same conclusion. The respondent’s motion to stay is denied."
Dassey's attorneys made the same point in a letter filed Wednesday.
Duffin also wrote that the U.S. Probation Office had informed him that it approved Dassey's proposed residence and "completed all further pre-release investigation it deemed necessary."
Prosecutors also said in Tuesday's motion that they would be filing an emergency motion with the Seventh Circuit by the end of the work day on Wednesday. The DOJ reiterated its plans for filing an additional emergency motion in a news release.
"Attorney General Brad Schimel will file an emergency motion today in the U.S. Court of Appeals for the Seventh Circuit seeking a stay of this release order and requesting relief by Friday, November 18, 2016," the DOJ said in its Wednesday release.
Dassey, 27, has been in prison since being sentenced in 2007 to life in the murder of Halbach, a 25-year-old photographer from St. John, Wis., Dassey's uncle, Steven Avery, also is serving a life sentence in the murder.
Duffin reversed the conviction in August after ruling that Dassey's constitutional rights were violated based on the way Dassey, who was 16 at the time of the murder, was interrogated.
Dassey's conviction was based on a confession he gave to investigators working for the prosecution and to an investigator working for his first lawyer.
In anticipation of his release, news organizations lined up Tuesday across the street from the combination maximum-minimum security prison about 40 miles north of Madison.
Those following the case online have taken to social media to celebrate the order for his release, some incorrectly thinking he has already been freed.