John Lee

Post-Crescent staff writer

This story was originally published by The Post-Crescent on Aug. 17, 2006.

APPLETON — The Appleton attorney who represents the teenager charged in the Teresa Halbach abduction and homicide has been decertified by the Office of the State Public Defender.

The move for "failure to provide competent representation" means Len Kachinsky will not be allowed to represent clients facing the most serious crimes, such as homicide, sexual assaults and robberies, as a public defender.

What is uncertain is the impact the decertification will have on Kachinsky's representation of 16-year-old Brendan Dassey, who along with his uncle Steven Avery, is charged in the abduction, sexual assault and killing of Halbach.

Kachinsky said Wednesday he would appeal the decertification. He added that whether he remains as Dassey's attorney is up to Manitowoc County Circuit Judge Jerome Fox, who is presiding over the homicide case.

The public defender's office said it took action after Kachinsky allowed Dassey to be interviewed by police on May 13 without the attorney being present.

"To allow such an interview in this case is indefensible," Wisconsin State Public Defender Nicholas L. Chiarkas said in the decertification letter. "It is difficult to imagine a situation when it would be appropriate to allow a client in a serious felony case to give a statement in the attorney's absence."

In defending his actions, Kachinsky told The Post-Crescent that an investigator from his office was present during the interview and that he was available by phone. Kachinsky was at his last weekend of Army Reserve duty. He retired that day as a lieutenant colonel after 31 years of service.

"I talked to Brendan the night before on the phone and the investigator was there and I was available on the phone," he said. "The full facts will come out and Fox will rule if I should stay on the case."

Deborah Smith, director of the public defender's assigned counsel division, said the tip on the allegation against Kachinsky came from one of Avery's attorneys. The attorney, whom Smith would not identify, mentioned the incident involving Dassey during a class the attorney was teaching that was attended by a member of the public defender's office. That staffer alerted supervisors in the public defender's office.

"We rely on other attorneys, prosecutors, judges as well as families to notify us of these cases" where an attorney's conduct is suspect, Smith said. "I would say we decertify a dozen or so attorneys a year for one thing or another."

In the May 13 interview, initiated by Dassey, the teenager told police that he helped Avery plan the abduction and homicide several days before Halbach was killed on Oct. 31. Previously, Dassey had told police he went to Avery's home in northern Manitowoc County that afternoon, heard Halbach's screams and then joined in the sexual assault and slaying.

The next court hearing in the Dassey case is set for Aug. 25. That hearing had been scheduled to set a trial date after Kachinsky filed a motion this week demanding a speedy trial on the case.

Kachinsky said he has been certified by the public defender's office since 1982 and said that state-appointed work makes up 10 percent to 15 percent of his practice.