Transcript for 'Making a Murderer' subject scores court win
Back now with a new twist in that case gripping millions featured in the next application show "Making a murderer." Brendan dassey getting a big win in court after spending ten years in bars for the murder of a photographer and may now go free. ABC's gio Benitez has all those details. Good morning. Reporter: The court is saying his confession video was the only real evidence linking the then teenager to the crime. But also says that in it investigators took advantage of his vulnerability to get the answers they wanted to hear. I am innocent of the rape and murderer of Theresa haul back. Please help me if you can. Reporter: This morning Brendan dassey, one of the central figures in "Making a murderer" may soon be a free man after a decade behind bars for allegedly helping his uncle Steven Avery kill photographer Theresa Halbach. A federal appeals court ruled his confession seen here in the documentary taken when he was just 16 years old and without any adults present -- Be honest. You went inside, didn't you? Yeah. You went in the trailer? Uh-huh. Reporter: The three-judge panel writing that the line of questioning used and dassey's inconsistent story confirm that this confession emerged not from his own free will, but from the will of the investigators. Who shot her in the head? He did. Why didn't you tell us that? Because I couldn't think of it. Reporter: Last August a judge overturned the 26-year-old's conviction but prosecutors immediately filed an appeal. Now this new ruling set into motion dassey's possible release. We're at another peak and, you know, this time I hope it's a peak that sticks, that means something and it's not being set up for another letdown but, you know, it's keeping hope alive. Reporter: The state of Wisconsin now has 90 days to retry dassey. The Wisconsin department of justice telling ABC news, we anticipate seeking review by the entire 7th circuit or the united States supreme court and hope that today's erroneous decision will be reversed. And the ruling also highlights testimony describing dassey as highly suggestible and docile. The documentary arguing that he has an intellectual disability. We hud tell you his uncle Steven Avery is serving a life sentence for that murder. Robin. That's right, gio. We bring in Dan Abrams for more on this. So many twists and turns. Where does it go from here. The Wisconsin authorities now have to make a decision, where do they go? Number one they can go to the full 7th circuit court of appeals. Remember, these are only three judges that decided this. You have the opportunity to say, we want the whole court to review it. The other thing, appeal to the U.S. Supreme court. I don't think the U.S. Supreme court is going to hear this and the other thing they could do which is what I think that they should do is drop this. The bottom line is the only piece of evidence against dassey is the confession. The confession is at best incredibly questionable. So I don't know why they continue to fight this. Typically when you hear about appeals, it's the defense appealing, not the prosecution. You dent think they should retry him? No and I think they should decide this is it. Thousand they seem to want to retry them but they need that confession so the legal rulings are about whether the confession would be admissible. If they don't have the confession they can't retry him because that's all that they have. The uncle is also appealing. That's right. Totally separate case, right. The supporters of Steven Avery want to lump them in together and say, aha, see what happened to dassey. It has nothing to do with Avery. Avery -- I believe and I've said this publicly before, I believe the evidence against Avery is incredibly overwhelming and so it's a totally separate situation between Avery and dassey, dassey ought to be released, Avery completely different story. But people try to lump the two together. Particularly Avery supporters. Thanks. Coming up our big board.
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