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THE TRIAL
The Unabomber:
A Chronology

  • Before the Bombings
  • 1978-1982
  • 1985-1987
  • 1988-1995
  • 1996-1997
  • The Trial
  • Unabomber Trial
    Special Report: A Question of Competency
    Trial Transcripts
    The Unabomber: A Chronology
    Documents from the Case
    Reports from Court TV & American Lawyer Media
    The Players
    The Bombings
    The Counts Against Kaczynski
    The Unabomber's Manifesto
    Building the Unabombs
    November 12, 1997The trial begins with jury selection. The defense files a brief, including a statement from Dr. David Foster, who evaluated Kaczynski for them, arguing for the use of expert testimony during the trial.
    November 14, 1997The prosecution files papers restating their position that expert testimony should not be allowed due to Kaczynski's refusal to submit to court-ordered examination.
    November 18, 1997The defense files papers and affidavits from several psychiatrists, outlining in greater detail Kaczynski's mental illness and hostility towards mental health professionals.
    November 19, 1997The prosecution files paper and statements from its own experts, arguing their case in further detail and making the point that Kaczynski's hostility towards psychiatrists and psychologists arises only when they confront him with his disease and that his refusal to submit to the ordered examination is willful.
    November 21, 1997Judge Burrell holds a hearing to determine the extent of expert testimony to be used in the guilt phase of the trial. He asks the defense team to speak to Kaczynski again and implore him to submit to at least partial neurological testing.
    November 25, 1997The prosecution announces that Kaczynski has told his lawyers he will not submit to a new series of government psychiatric exams. Though it is not definite that Kaczynski will refuse limited neurological tests, his own lawyers insist it is evident that he won't. The prosecution offers that government doctors are willing to submit their questions by phone or in writing, but the request is still refused. Kaczynski is visibly upset in the courtroom, throwing a pen across the defense table and muttering under his breath.
    December 3, 1997Kaczynski's 10-by-12 foot cabin begins a trip from Malmstrom Air Force Base near Great Falls, Montana to Sacramento, where the defense plans to use it as one of their primary exhibits in order to show how their client lived. Driver Bill Sprout complains that driving on the 1,100-mile trip is made difficult by the incessant presence of news photographers attempting to take pictures of his flatbed truck, which sports an "Oversize Load" banner on the front. He sleeps in the cab of the truck each night in order to make sure the cabin is guarded at all times.
    December 5, 1997Kaczynski's cabin arrives in Sacramento, where it will be stored in an Air Force hanger until the defense needs it for the trial.
    December 11, 1997First phase of jury selection ends, with 85 of the 170 candidates who took the stand remaining in the jury pool. Ten others are dismissed in the following days.
    December 22, 1997A jury of three men and nine women is selected after peremptory challenges by both sides against the 75 jurors left in the pool peel away potential jurors. Four men and two women are chosen as alternates. Opening arguments are postponed until January 5 from an earlier tentative date of December 29.
    December 26, 1997In accord with requests made by news organizations, Judge Burrell releases redacted transcripts of in camera discussions held between December 18 and 22 that document discussions between the judge and attorneys about the defense strategy and Kaczynski's repeated attempts to inform the judge of his dissatisfaction with his defense team.
    December 29, 1997On the heels of reports that they made failed attempts to plea bargain with the Justice Department to get Kaczynski life in prison in return for an admission of guilt, defense lawyers announce they will not use mental health testimony in the trial. The lack of such expert testimony makes it highly unlikely they will follow their previous plans for a diminished capacity defense.
    January 2, 1998Government files motions to bar the defense from using any testimony at all in support of their claims that Kaczynski is mentally ill.
    January 5, 1998Opening arguments are slated to begin in U.S. v. Kaczynski. However, at the start of the court session, Kaczynski stands up and says that he has an "important" issue to discuss with the judge about his "relations" with his attorneys. Judge Burrell, Kaczynski and his attorneys then retreat into Burrell's chambers for a closed meeting that lasts several hours and during which Kaczynski turns over a statement which is sealed by the court. There is speculation that the meeting focuses on David Kaczynski's presence in the courtroom and on the issue of possible new representation for Ted Kaczynski. By mid-afternoon, the jury is sent home until Thursday morning and court is recessed without a single word of the opening statements being presented.
    January 7, 1998Judge Burrell rules that Kaczynski cannot make a requested last-minute switch in his defense team, despite an offer earlier in the day from San Francisco defense lawyer Tony Serra. Instead, says Burrell, the trial will go ahead with Kaczynski's current set of lawyers. He also rules that they will be allowed to use lay testimony and evidence to help paint a portrait of their client as a paranoid schizophrenic. The opening arguments originally planned for January 5 are set to begin January 8.
    January 8, 1998For the second time in a week, Kaczynski interrupts his trial and asks Judge Burrell to allow him to represent himself. In a surprising decision, Burrell tentatively allows Kaczynski to do so, providing he can prove himself competent. Kaczynski agrees to examination by mental health experts as one method of proving his competence. Burrell gives both sides a day to select mutually chosen experts for the exams. At the end of the day, in a bizarre twist, reports are confirmed that Kaczynski tried to hang himself with his underwear in his cell the previous night. Red marks on his neck, and missing underwear briefs, lead reporters and U.S. Marshals to this conclusion. Prison officials announce he will be put under 24-hour supervision and placed on a heart monitor.
    January 9, 1998Judge Burrell assigns Dr. Sally Johnson of the federal prison in Butner, NC to test Kaczynski for competency.
    January 12, 1998Johnson begins testing of Kaczynski at the Sacramento County jail. Kaczynski appears to cooperate.
    January 17, 1998After a week spent evaluating Kaczynski, Johnson turns in her report, which is kept under seal.
    January 20, 1998Both sides agree that Kaczynski is competent to stand trial, thereby nullifying the need for the judge to make that assessment.
    January 21, 1998Both sides agree that Kaczynski has the legal right to represent himself.
    January 22, 1998The day begins with Judge Burrell rejecting Kaczynski's request to serve as his own counsel, saying it is not timely. About an hour later, word comes that the two sides have reached a deal for a plea bargain. By the end of the day, Kaczynski has pled guilty to thirteen counts for attacks in California, New Jersey and Connecticut that killed three and injured two. He gets life in prison without parole but is spared a possible death sentence.
    April 28, 1998Prosecutors file a sentencing memo, insisting that Kaczynski should be kept in a maximum-security prison and barred from any possible release. Part of the memo includes numerous excerpts from Kaczynski's writings, which paint a picture of him as a rational, cold-blooded killer. The defense protests, saying that the Kaczynski plea agreement already mandates his sentence.
    May 4, 1998Kaczynski is sentenced to four consecutive life sentences. He speaks before the sentencing, saying that prosecutors have distorted his motives and beliefs, but his victims respond harshly. Susan Mosser describes her daughter's reaction upon seeing her father blown apart.

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