While browsing Special Prosecutor Ken Kratz' emails generated during the Halbach case, a couple popped out that demonstrate the underhandedness of the Special Prosecutor in dealing with an attorney trying to get police to leave his client alone.
Jodi Stachowski was in jail during the time period 31 October, 2006 until 14 November, 2005 for nonpayment of fines. While she was in jail, Calumet County Investigator Mark Wiegert pressured Stachowski to convert to the State side. She had been successful in thwarting his efforts while she was in jail. When she was released, it was a different matter.
Attorney Donald Chewing instructed Wiegert and Wisconsin Special Agent Tom Fassbender not to contact his client unless he was present. They were not compliant. They were likely acting per direction of Kratz or another member of the special prosecutors. That led to a request from Chewning to Ken Kratz to instruct the two miscreants to deal with Stachowski's legal representative.
Kratz' response was interesting. He intimated that the attorney was being paid by Avery defense funds. He goes on "Why is Ms. Stachowski being represented? Who has retained you?" Kratz further claimed that Stachowski had no Fifth Amendment right to counsel. But, the Fifth Amendment allows us to not talk to police on any matter. That is where an attorney representing our interests is necessary, given that police have a history of deceit when it comes to our right against self-incrimination. It is only wise for anyone to be represented by a competent attorney when dealing with law enforcement and prosecutors.
Kratz closed by stating he will send the attorney's letter and his own response to Sheriff Pagel. Then; "…I have not directed law enforcement to contact Ms. Stachowski, however, you may wish to provide legal authority, which you believe prevents law enforcement officials from contacting a witness, in a non-custodial setting, who is not directed to do so by a licensed attorney."(1)
Attorney Chewning was not satisfied with Kratz' response and pushed the matter further. A letter on 7 August, 2006, to Kratz stated that he was representing Stachowski and she was on probation. Then, Kratz received a FAX requesting a face to face meeting. That resulted in an ugly and threatening letter from Kratz.
Kratz responded on 5 September, 2006. He reiterated that his investigators Wiegert and Fassbender, were not his agents.
The Special Prosecutor claimed that the Attorney Chewning and Stachowski were possibly being paid "hush money" by the Avery defense. "The far more interesting scenario is if, at some point in the future, you assert that Ms. Stachowski’s role as a material witness in the Steven Avery investigation falls within the scope of your representation; as Ms. Stachowski (and Steven Avery himself) claim that Attorney Dean Strang, on behalf of Steven Avery, has paid your attorney’s fees for representation, all kinds of state and federal evidentiary, ethical, and potential criminal liability may follow." Kratz stated that unless Stachowski's attorney stated that his repesentaion had nothing to do with the Avery case, the State would no cooperate with his request.(2)
I suspect that Kratz was frustrated because of the inability of Wiegert and Fassbender to flip Stachowski to a State witness hostile to Steven Avery. Besides authorities coercing people into incriminating statements, the State will also coerce witnesses to change statements and even coerce non-victims into victims.
Special Prosecutor Kratz should be aware that attorneys represent their clients. Kratz wanted to pick and choose what role this defense attorney could play. His histrionics and threats apparent the September letter show the lengths that an agent of the State of Wisconsin is willing to go to win in a high profile case.
may be related
A police investigator and school vice-principal attempted to coerce schoolgirls to testify against friend who were boy students for sexual assault. Then the prosecutor devised a solution to save face that turned the girls into sex workers.
Prosecutors charge defense attorneys with felonies to avoid losing cases.
Dirty Rotten Prosecuor Tricks
in category Brendan Dassey,Steven Avery