Tom Kertscher, John Ferak and Alison Dirr

USA TODAY NETWORK-Wisconsin

The federal judge in Milwaukee who overturned the conviction of Brendan Dassey in the case made famous by "Making a Murderer" has ordered that Dassey be freed from prison, under supervision, pending further court developments.

The order was made Monday by U.S. Magistrate Judge William Duffin in a 17-page ruling.

State Attorney General Brad Schimel quickly moved to block the release, at least temporarily. His office announced it would file an emergency motion asking a federal appeals court to stay the release order.

Dassey was not released Monday, as many of his supporters had speculated, but his legal team is hoping for a short timeline, one of his attorneys, Steven Drizin, told USA TODAY NETWORK-Wisconsin on Monday.

“It’s not going to happen today but we are very hopeful we will have Brendan home by Thanksgiving, if not sooner,” Drizin said.

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Duffin stated in his order:

"Dassey's family is concentrated in northeastern Wisconsin. There is no indication that he has the inclination much less the means to flee or will otherwise fail to appear as may be legally required," Duffin wrote in his ruling. "Moreover, Dassey has a strong interest not to flee. ... Dassey has offered a detailed release plan that was prepared with the assistance of a clinical social worker with experience in similar cases. That social worker would remain involved in assisting Dassey as he adjusts to freedom following his decade in prison."

Duffin noted in Monday's ruling that when he granted Dassey's habeas corpus petition back in August that there was a presumption that "successful habeas petitioners are released while the respondent appeals that decision. The respondent (the Wisconsin Attorney General's Office) has failed to rebut that presumption. The court does not find that the respondent has a strong likelihood of success on appeal ... the court finds it must grant Dassey's petition and order him released from the custody of the respondent."

Dassey, 27, has been in prison since being sentenced in 2007 to life in the 2005 murder of Teresa Halbach. He will be eligible for extended supervision in 2048.

Dassey's uncle, Steven Avery, also is serving a life sentence in the Manitowoc County murder.

As part of Monday's order, Duffin outlined a number of restrictions to be imposed upon Dassey while he remains free as the Wisconsin Attorney General's Office aims to reinstate his 2007 murder conviction. The court ordered that Dassey be supervised the U.S. Probation Office for the Eastern District of Wisconsin.

"Not only will the United States Probation Office monitor Dassey's compliance with the conditions of release the court will impose, but probation officers are experts in addressing issues that Dassey is likely to face upon being released after more than a decade in prison," Duffin wrote.

The federal judge noted that if Dassey violates any of the terms of his release he may be returned to custody pending the outcome of the prosecution's ongoing appeal effort.

Here are some of the conditions of Dassey's appeal:

Dassey must not violate any federal, state or local laws.

He must appear in court as required and surrender to serve any sentence as ordered by a court.

He shall comply with any applicable law regarding sex offender registration.

He shall cooperate with the U.S. Probation Office including making himself available for any home visits deemed necessary.

He will shall not have any contact with co-defendant Steven Avery or with the family of Teresa Halbach.

Dassey has until noon Tuesday to notify the probation office of his intended residential address. Federal probation officers, in turn, will be asked to inspect the dwelling to determine if it's a suitable place for Dassey to stay.

In the motion seeking his supervised release while the appeal is pending, Dassey’s attorneys laid out a plan for him:

Dassey would spend the first one to three months living with his mother in a trailer the family owns in rural northeast Wisconsin, about 100 miles from Manitowoc.

He would then move to an apartment in Brown County that his mother and stepfather would pay for initially. There, he would work on education, job skills and therapy as appropriate.

He could also live at home in Manitowoc if the judge preferred, his attorneys wrote.

That plan had not changed as far as Drizin was aware as of Monday afternoon.

News of Monday's decision was met with adulation by relatives of the Avery and Dassey families.

"I'm just real happy for Brendan and Barb (Janda), Brendan's mother, that things are starting to move forward," cousin Kim Ducat told USA TODAY NETWORK-Wisconsin. "I am in total shock right now. As far as Judge Duffin, God bless him for listening and reading and paying attention to the fine print of what actually happened."

Ducat told USA TODAY NETWORK that Dassey's mother had warned her son back in August "not to get his hopes up" about being released from prison real soon. Within days of Duffin's ruling in August overturning Dassey's murder conviction, the Wisconsin Attorney General's Office announced it would be appealing Duffin's ruling, suggesting the federal judge was in error.

Ducat said that Monday's development marks another milestone in the hopes of getting Dassey released from prison for good. She said that she does not believe that Dassey will ever be re-tried for Halbach's murder because the evidence would be too weak for Schimel's office to present before another jury.

"I think it's going to be positive for Brendan from here on out," she said. "No second trial. I don't see that ever happening. (The prosecution) has tried their hardest to keep everything under wrap and keep the two guys in prison and it does not seem to be working for them anymore."

Under Duffin's order, Dassey would be supervised by the U.S. Probation Office.

Ducat said she has no doubt that Dassey will adhere to the strict conditions of his probation order.

"I think Barb is going to be very cautious with Brendan, considering how young he was when he went into custody," she said. "I think it's going to take him a little bit to adjust. I would imagine he will take it slow."

Duffin reversed the Dassey conviction in August, ruling that Dassey's constitutional rights were violated based on the way the then-16-year-old 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.

Waupaca resident Lisa Szatkowski, a supporter of Dassey and Avery, said she hopes Monday's ruling prompts more people in Manitowoc County to support Dassey.

"I think Manitowoc County needs to take this judge's ruling as an eye-opener," Szatkowski said.

John Ferak: 920-993-7115 or jferak@postcrescent.com; Alison Dirr: 920-996-7266 or adirr@postcrescent.com; Tom Kertscher: tkertscher@journalsentinel.com

Original coverage of 2007 Steven Avery trial

Graphic: Brendan Dassey timeline