PROOF AND HEARSAY

State consulting Halbachs on Dassey case

Bruce Vielmetti
Milwaukee Journal Sentinel

Wisconsin Attorney General Brad Schimel said Monday his office will consult with the family of Teresa Halbach before deciding whether to retry Brendan Dassey in her killing, after a federal magistrate threw out Dassey's conviction earlier this month.

"We’re still examining all of the options," Schimel said during a news conference about his office's review of the officer-involved fatal shooting Aug. 13 that preceded violent unrest in Sherman Park.

"There are a number of different directions this case can go and before we make a determination as to which option we’ll pursue. We are going to want to give Theresa Halbach’s family an opportunity to have some input.

"We’ve been in communication with them, we’ll continue to outline for them all the different options what the likelihood of best success are with each one.”

Schimel said he expects a decision before the 90-day deadline.

Judge overturns Dassey conviction in Halbach murder

Archive: Original coverage of 2007 Steven Avery trial

U.S. Magistrate Judge William Duffin ruled Aug. 12 that investigators violated Dassey's constitutional rights during interrogations of the then-16-year-old about any role he played in the death of Halbach.  The 25-year-old photographer was last seen outside Dassey's uncle Steven Avery's trailer in October 2005.

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

Schimel's office has 90 days to announce whether it will retry Dassey without the confessions he made during the flawed interrogation, appeal Duffin's ruling, or allow Dassey's release.

Ashley Luthern of the Journal Sentinel staff contributed to this report.