Brendan Dassey and his Attorney

Brendan Dassey and his Attorney – Not a Match

The latest wrinkle in the Brendan Dassey prosecution is the decertification of his attorney, Len Kachinsky, by the Wisconsin Office of the State Public Defender. When this information was released, Kachinsky stated he would appeal the decertification and continue to represent Dassey.

The decertification stems from a jailhouse interrogation that took place on 13 May, 2006. This was after Dassey apparently altered his earlier confession to state that he and his uncle, Steven Avery, plotted and planned the murder of Teresa Halbach.

Kachinsky was not present at the interrogation because he had a National Guard weekend to attend. His investigator attended the interview in his place. It is not clear why Kachinsky allowed the interrogation or why he did not reschedule it. Kachinsky stated that Dassey was told he could telephone his attorney if necessary, but Dassey has an IQ that is lower than the average. Expecting the special education student to make the determination to telephone his attorney is a bit much.

From my viewpoint, an investigator from Kachinsky’s office, is not equivalent to an attorney being present.

The state investigators were also remiss in taking advantage of the situation by not making sure the interview was done by the book. If this confessional addendum gets bounced because of the lack of representation, the investigators will be responsible.

Len Kachinsky has accused the Avery Family, including Dassey’s mother, of manipulating Brendan for the good of Steven Avery. The original confessions and the May 13 confession alteration did exactly the opposite.

In other developments, Kachinsky has petitioned to move the Dassey trial from February 2007 to November 2006 or earlier. This change would cause a crunch on resources for Manitowoc County unless Avery gets a change of venue.

Kachinsky has filed a notice of alibi based on the unconfession letter Dassey wrote to Judge Jerome Fox. Among the witnesses for the alibi are Dassey’s mother, Lori and Steven Avery. Apparently, Kachinsky expects Avery to do the right thing and confess at the alibi hearing. And somehow that is to provide more alibi stuff for Dassey. I don’t understand.

Kachinsky also plans to present expert documentation regarding the investigators manipulating and coercing his client into confessions. There has been a plethora of research in this area as well as how investigators brainwashed adults and children to false allegations and accuse the innocent. Whether the judge will recognize such research is anyone’s guess. Courts tend to accept research that will convict and reject research that will acquit.

Kachinsky will present a petition to withdraw as Dassey’s attorney. He says he will neither argue for nor against his future status. His removal from the case will cause more difficulty in getting the case tried due to qualified attorneys willing to take public defender cases. That is a sad commentary on Wisconsin’s criminal justice policies.

Kachinsky pointed out that public defenders do not get paid very much. The State Public Defender’s Office verified that the State’s hourly does not usually meet normal expenses. Our wise legislators spend millions on prison which then must be filled by passing knee-jerk laws. But, to defend the accused whom are most often poor is not a matter for their concern. The more I look at how criminal justice operates, the more convinced I am that at least ten percent of prisoners are innocent bystanders.

Brendan Dassey has wanted Kachinsky removed from the case and failed. He may finally get his way.