MANITOWOC COUNTY (WFRV) - A private investigator who once worked for Brendan Dassey’s defense team defended himself against accusations of collusion with investigators, Thursday. Michael O’Kelly testified he was first hired by defense attorney Len Kachinsky in 2006 to conduct a polygraph examination on Brendan Dassey. O’Kelly was then retained as a private investigator.
“We were supposed to collect evidence that would aid the state in its case against Steven Avery and portray Brendan Dassey in the best possible light,” O’Kelly testified.
But, Dassey’s new attorneys claim O’Kelly had an ulterior motive and wanted Dassey and his uncle, Steven Avery, convicted of Teresa Halbach’s murder. O’Kelly broke down on the stand when defense attorneys asked him about an interrogation he conducted of Dassey in May 2006, the same day Judge Fox ruled his confession would be allowed at trial. O’Kelly showed Dassey photos of Teresa Halbach, a blue ribbon and crime scene photos in the hope of getting Dassey to confess and accept a plea deal.
"I’m sorry, I just keep thinking about those blue ribbons,” O’Kelly sobbed.
O’Kelly prodded Dassey repeatedly to confess, despite his denials.
“This is Teresa’s website. This is her family. You’ve seen them in court,” O’Kelly told Dassey in the videotape. In the videotape, Dassey can be seen sitting at a table with photographs and a blue ribbon in front of him. Dassey also has a pen in his hand and a piece of paper in front of him. O’Kelly repeatedly encouraged Dassey to write something that would help him get a plea deal. Some of the exchanges include:
“If Steve Avery decides to get up and lie, and testifies against you, then he may get an offer and a deal with the prosecutor’s office and that’s my concern,” O’Kelly said.
“You want to spend the rest of your life in prison?”
Brendan: “Yeah, but I was only there for the fire, though.”
Michael O’Kelly: “This is your choice, listen very carefully. Somebody is going to cooperate and tell the truth. I would prefer it would be you.”
Brendan: “I don’t know because I didn’t do anything.”
Michael O’Kelly: “Brendan, if you’re not sorry, I can’t help you.”
Michael O’Kelly: “Steve right now is saying that you’re to blame for part of this, and so is Bobby. Are you aware of that?
Brendan: (Shakes head no) “
Brendan was also told by O’Kelly that he had failed his polygraph test. But, attorneys revealed Dassey either passed the test or the results were deemed inconclusive.
The following day, Brendan Dassey spoke to investigators as part of a possible plea negotiation. His attorney, Len Kachinsky, was not present. Michael O’Kelly observed the interrogation from another room. In the May 13, 2006 interview, Dassey changed his story about some of the evidence and events surrounding Teresa Halbach’s murder. He also said he and Avery “planned” the murder days in advance and that Avery wanted Dassey to “help him.” In the videotaped interrogation, Dassey was instructed by investigators to call his mother, Barb Tadych, and “tell her what you did.” That State used that phone call at trial to call Dassey’s testimony into question. Dassey’s attorneys say the jury should never have heard the phone call, since it was the “product of State action.”
Dassey’s attorneys revealed emails in which it appeared O’Kelly was working to secure evidence for the State that would help Dassey secure a better plea deal. Dassey’s attorneys say that was improper and show’s Len Kachinsky was ineffective in his representation of Dassey.
“At this point, Mr. Kachinsky knows you’re out gathering evidence to help the state’s case,” asked defense attorney Robert Dvorak.
O’Kelly replied, “That is quite clear, yes.”
Dassey's attorneys asked O'Kelly to read from emails he had written toLen Kachinsky, describing his feelings about the Avery family. Dassey's attorneys say it shows O'Kelly was disloyal to Brendan and had preconceived notions of the Avery family.
"I can find no good in any member. These people are pure evil," O'Kelly wrote. The email continues, "This is definitely where the devil resides in comfort... A friend of mine suggested this is a one branch family tree. Cut this tree down. We need to end the gene pool here.”
O’Kelly defended his actions repeatedly, stating he wanted what was best for Brendan. On cross examination, Asst. Attorney General Tom Fallon asked, “would it be fair to say that you were operating in the best interest of Mr. Dassey per the instructions of Attorney Kachinsky?”
O’Kelly replied, “At all times.”
Friday morning, Calumet Co. Investigator Mark Wiegert took the stand. He and Special Agent Tom Fassbender interviewed Brendan Dassey on several occasions including March 1, 2006. Brendan Dassey’s mother, Barb Tadych, is also expected to testify Friday. There are questions about whether or not Brendan Dassey understood his constitutional rights at the time of the interview.
