Andy Thompson

USA TODAY NETWORK-Wisconsin

Appleton attorney Len Kachinsky says he has been unfairly accused of being disloyal to former client Brendan Dassey, who is imprisoned for life for participating in the 2005 killing of Teresa Halbach.

Kachinsky is one of the main targets in a federal appeal filled by Dassey’s lawyers. The case, which is awaiting a ruling by a federal magistrate, claims that Kachinsky wasn’t looking out for Dassey’s best interests because he pursued plea bargain talks with prosecutors. Attorneys also claim that Dassey's March 1, 2006 confession to Halbach’s murder was coerced by detectives.

“Everyone has a right to have a loyal attorney,” said Laura Nirider, a member of Dassey’s current legal team.

Kachinsky insisted in an interview with USA TODAY NETWORK-Wisconsin that it’s not unusual, or unethical, to inquire about plea deals.

“It all depends on the case,” he said. “Sometimes, the most loyal thing an attorney can do is work (out) the best deal with the state.

“Some comments (on the Internet) seem to suggest that anyone who tries to persuade a client to plead guilty because the evidence is so strong is disloyal or evil.”

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Kachinsky came under intense criticism after the release on Netflix of “Making a Murderer,” a 10-part docu-series that was released in mid-December.

Dassey was 16 when Halbach, a 25-year-old photographer, was murdered in Manitowoc County. Both Dassey and his uncle, Steven Avery, were convicted of being a party to first-degree intentional homicide for killing Halbach when she visited Avery Auto Salvage near Mishicot to take pictures for a car magazine. Both were sentenced to life in prison.

Kachinsky wasn’t appointed to represent Dassey until after he confessed his involvement in the murder during the March 2006 interview. But he was the attorney of record in May of that year when he failed to be present while Dassey was interviewed by an investigator about the details of his confession. The judge removed Kachinsky from the case before it went to trial in 2007.

As for the plea talks, Kachinsky said the ultimate decision is up to the client.

“I gave Dassey my best estimate (of the number of years he might serve if he cooperated with the prosecution), but he wasn’t interested, Kachinsky said. “(Dassey) was not interested in any proposals involving the state.”

Kachinsky said he watched the entire 4½-hour police interrogation with Dassey.

“That — plus the circumstantial evidence of Dassey's whereabouts at the time of the offense — (caused) a jury to find Dassey guilty,” he said.

Kachinsky pointed out that his pretrial work on the case was upheld by the Wisconsin Court of Appeals.

Kachinsky said he has no desire to see “Making a Murderer.” He said the nasty online comments directed at him have dropped dramatically.

“It has really died down,” he said.

Andy Thompson: 920-996-7270, or awthompson@postcrescent.com; on Twitter @Thompson_AW