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Original Filed
June 18, 1996
Clerk U.S. District Court
Eastern District of California
By Deputy Clerk
Charles J. Stevens
United States Attorney
Robert J. Cleary
Stephen P. Freccero
Bernard F. Hubley
R. Steven Lapham
Special Attorneys to the United States Attorney General
650 Capitol Mall Sacramento, CA 95814 Telephone:
(916) 554-2700
In The United States District Court
For The Eastern District of California
United States of America,
Plaintiff
v.
Theodore John Kaczynski
aka "FC"
Defendant.
CR. No. S-CR-S-96-259 GEB
Violations: 18 U.S.C.
Section 844 (d) - Transportation
of an Explosive With Intent
To Kill of Injure (4 Counts) :
18 U.S.C. Section 1716 -
Mailing an Explosive
Device With Intent to Kill
or Injure (3 Counts) :
18 U.S.C. Section 924 (c) (1) - Use
of a Destructive Device In
Relation to a Crime of
Violence (3 Counts)
Indictment
I.
The Bomb That Killed Hugh Scrutton (Count 1)
Count One: [18 U.S.C. Sections 844 (d) and 2 (b) -
Transportation of an Explosive With Intent to Kill or
Injure]
The Grand Jury charges:
Theodore John Kaczynski
defendant herein, as follows:
1. In or about the fall of 1985, but not later than
December 11, 1985, the defendant transported a bomb
and bomb components from Montana to Sacramento,
California. the defendant placed the bomb in the parking
lot behind the rear entrance to Rentech, a computer store
in Sacramento, California.
2. On or about December 11, 1984, Hugh Scrutton, the
owner of Rentech, moved the bomb. this action caused
the bomb to explode, killing Mr. Scrutton.
3. In or about the fall of 1985, but not later than
December 11, 1985, in the State and Eastern District of
California, and elsewhere, the defendant knowingly did
transport and attempt to transport, and willfully did cause
to be transported, in interstate commerce an explosive
with the knowledge and intent that it would be used to
kill, injure and intimidate an individual, and unlawfully to
damage and destroy real and personal property, which did
result in the death of Hugh Scrutton, in violation of Title
18, united States code, Sections 844 (d) and 2 (b).
II.
The Bomb That Injured Dr. Charles Epstein (Counts 2-4)
Count Two: [18 U.S.C. Sections 844 (d) and 2 (b) -
Transportation of an Explosive With Intent to Kill or
Injure]
The Grand Jury further charges:
Theodore John Kaczynski
defendant herein, as follows:
4. From on or about June 16, 1993, to on or about June
18, 1993, the defendant transported a bomb and bomb
components from Montana to Sacramento, California.
5. On or about June 18, 1993, the defendant mailed the
bomb from Sacramento, California to Dr. Charles Epstein
in Tiburon, California. The bomb was contained in a
wooden box, placed in a padded mailing envelope. The
package containing the bomb was delivered to Dr.
Epstein's home.
6. On or about June 22, 1993, while in his home, Dr.
Epstein opened the package referred to in paragraph 5,
causing it to explode and injure him.
7. From on or about June 16, 1993, to on or about June
22, 1993, in the State and Eastern District of California,
and elsewhere, the defendant knowingly did transport and
attempt to transport, and willfully did cause to be
transported, in interstate commerce an explosive with the
knowledge and intent that it would be used to kill, injure
and intimidate and individual, and unlawfully to damage
and destroy real personal property, which did result in
personal injury to Dr. Charles Epstein, in violation of
Title 18, United States Code, Sections 844 (d) and 2 (b).
Count Three: [18 U.S.C. Section 1716 - Mailing an
Explosive Device With Intent to Kill or Injure]
The Grand Jury further charges:
Theodore John Kaczynski
defendant herein, as follows:
8. Paragraphs 4-6 are repeated and realleged as though
set forth in full.
9. On or about June 18, 1993, in the State and Eastern
District of California, and elsewhere, the defendant
knowingly did deposit for mailing and delivery and
knowingly did cause to be delivered by mail, according to
the direction thereon, nonmailable matter, to wit: a
device and composition which could ignite and explode,
with the intent to kill and injure another, in violation of
Title 18, United States Code, Section 1716.
Count Four: [18 U.S.C. Section 924 (c) (1) - Use of a
Destructive Device In Relation to a Crime of Violence]
The Grand Jury further charges:
Theodore John Kaczynski
defendant herein, as follows:
10. Paragraphs 4 through 6 are repeated and realleged as
though set forth in full.
11. From on or about June 16, 1993, to on or about June
22, 1993, in the State and Eastern district of California,
and elsewhere, during and in relation to a crime of
violence for which he may be prosecuted in a court of the
united States, to wit: transportation of an explosive with
intent to kill and injure and mailing an explosive device
with intent to kill and injure, as charged in Counts Two
and Three, the defendant knowingly did use and carry a
firearm, that is, a destructive device, in violation of Title
18, united States code, Section 924 (c) (1).
III.
The Bomb Mailed that Injured Dr. David Gelernter
(Counts 5-7)
Count Five: [18 U.S.C. Sections 844 (d) and 2 (b) -
Transportation of an Explosive With intent to Kill or
Injure]
The Grand Jury further charges:
Theodore John Kaczynski
defendant herein, as follows:
12. From on or about June 16, 1993, to on or about June
18, 19936, the defendant transported a bomb and bomb
components from Montana to Sacramento, California.
13. on or about June 18, 1993, the defendant mailed the
bomb from Sacramento, California to Dr. David
Gelernter in New Haven, Connecticut. The bomb was
contained in a wooden box, placed in a padded mailing
envelope. the package containing the bomb was delivered
to Dr. Gelernter's office.
14. On or about June 24, 1993, Dr. Gelernter opened the
package referred to in paragraph 13, causing it to explode
and injure him.
15. From on or about June 16, 1993, to on or about June
24, 1993, in the State and Eastern District of California,
and elsewhere, the defendant knowingly did transport and
attempt to transport, and willfully did cause to be
transported, in interstate commerce an explosive with the
knowledge and intent that it would be used to kill, injure
and intimidate an individual, and unlawfully to damage
and destroy real and personal property , which did result
in personal injury to Dr. David Gelernter, in violation of
Title 18, United States Code, Section 844 (d) and 2 (b).
Count Six: [18 U.S.C. Section 1716 - Mailing an
Explosive Device With Intent to Kill or injure]
The Grand jury further charges:
Theodore John Kaczynski
defendant herein, as follows:
16. Paragraphs 12 through 14 are repeated and realleged
as though set forth in full/
17. On or about June 18, 1993, in the State and Eastern
District of California, and elsewhere, the defendant
knowingly did deposit for mailing and delivery and
knowingly did cause to be delivered by mail, according to
the direction thereon, nonmailable matter, to wit: a
device and composition which could ignite and explode,
with the intent to kill and injure another, in violation of
Title 18, United States Code, Section 1716.
Count Seven: [18 U.S.C. Section 924 (c) (1) - Use of a
Destructive Device in Relation to a Crime of Violence]
The Grand Jury further charges:
Theodore John Kaczynski
defendant herein, as follows:
18. Paragraphs 12 through 14 are repeated and realleged
as though set forth in full.
19. From on or about June 16, 1993, to on or about June
24, 1993, to on or about June 24, 1993, in the State and
Eastern District of California, and elsewhere, during and
in relation to a crime of violence for which he may be
prosecuted in a court of the United States, to wit:
transportation of an explosive with the intent to kill or
injure, as charged in Counts Five and Six, the defendant
knowingly did use and carry a firearm, that is, a
destructive device, in violation of title 18, United States
Code, Section 924 (c) (1).
IV.
The Bomb That Killed Gilbert B. Murray (Counts 8-10)
Count Eight: [18 U.S.C. Sections 844 (d) and 2 (b) -
Transportation of an Explosive With Intent to Kill or
Injure]
The Grand Jury further charges:
Theodore John Kaczynski
defendant herein, as follows:
20. From on or about March 13, 1995, to on or about
April 20, 1995, the defendant transported a bomb and
bomb components from Montana to Oakland, California.
21. on or about April 20, 1995, the defendant mailed the
bomb from Oakland, California area to William
Dennison, at the address of the California forestry
Association, Sacramento, California. the bomb was
contained in a wooden box wrapped with brown paper.
The package containing the bomb was delivered to the
California forestry Association on or about April 24,
1995.
22. On or about April 24, 1995, Gilbert B. Murray, Mr.
Dennison's successor as the president of the California
Forestry Association, opened the package referred to in
paragraph 21, causing it to explode, killing Mr. Murray.
23. From on or about March 13, 1995, to on or about
April 24, 1995, in the State and Eastern district of
California, and elsewhere, the defendant knowingly did
transport and attempt to transport, and willfully did cause
to be transported, in interstate commerce an explosive
with the knowledge and intent that it would be used to
kill, injure, and intimidate an individual, and unlawfully
to damage and destroy real and personal property, which
did result in the death of Gilbert B. Murray, in violation
of Title 18, United States Code, Section 844 (d) and 2 (b).
Count Nine: [18 U.S.C. Section 1716 - Mailing an
Explosive Device With Intent to Kill or Injure]
The Grand Jury further charges:
Theodore John Kaczynski
defendant herein, as follows:
24. Paragraphs 20 through 22 are repeated and realleged
as though set forth in full.
25. On or about April 20, 1995, the defendant knowingly
did deposit for mailing and delivery for mailing and
delivery and knowingly did cause to be delivered by mail
in the State and Eastern District of California, and
elsewhere, according to the direction thereon,
nonmailable matter, to wit: a device and composition
which could ignite and explode, with the intent to kill and
injure another, and which did result in the death of
Gilbert B. Murray, in violation of Title 18, united States
Code, Section 1716.
Count Ten: [18 U.S.C. Section 924 9 (c) (1) - Use of a
Destructive Device in Relation to a Crime of Violence]
The Grand Jury further charges:
Theodore John Kaczynski
defendant herein, as follows:
26. Paragraphs 20 through 22 are repeated and realleged
as though set forth in full.
27. From on or about March 13, 1995 to on or about
April 24, 1995, in the State and Eastern district of
California, and elsewhere, during and in relation to a
crime of violence for which he may be prosecuted in a
court of the United States, to wit: transportation of an
explosive with intent to kill and injure and mailing an
explosive device with intent to kill injure, as charged in
counts Eight and Nine, the defendant knowingly did use
and carry a firearm, that is, a destructive device, in
violation of Title 18, United States Code, Section 924 (c)
(1).
A True Bill.
________________________
Foreperson
/s/Charles J. Stevens
United States Attorney
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