Updated January 7, 1998
Judge says request to change defense team is "untimely"  
   

(January 7) -- Theodore Kaczynski's request for a new defense team was denied today, paving the way for opening arguments in his trial to begin tomorrow morning.

U.S. District Judge Garland Burrell denied Kaczynski's request to be served by San Francisco defense lawyer Tony Serra, saying, "It is untimely."

Kaczynski spoke in court and told the judge that Serra had faxed him an offer of representation earlier in the day, and reiterated his position that he did not want to be defended by veteran federal defenders Quin Denvir and Judy Clarke. It was a victory for prosecutor Robert Cleary, who filed an objection to a change in counsel for Kaczynski, and who reiterated his objection today in court.

The opening arguments that were supposed to begin earlier this week are scheduled to begin Thursday morning.

photo

U.S. District Judge Garland Burrell denied Kaczynski's request for a new defense team

Kaczynski brought proceedings to a halt Monday when he told the judge he wanted to read something he had written and said he wanted to "revisit the issue of my relations with my attorneys."

His utterance prompted a lengthy meeting in Burrell's chambers between Kaczynski, his lawyers and the judge. Late yesterday afternoon, the judge scheduled today's meeting to address the issue once again.

Meanwhile, Kaczynski met with his attorneys yesterday at the Sacramento County jail where he is being held to discuss the possibility of their continued representation. A new face was among the ranks of his lawyers: local defense attorney Kevin Clymo.

However, Clymo was apparently brought in by the judge to help mediate between Kaczynski and his lawyers in order to bring this latest ruffle in his defense to a resolution. The judge indicated the Clymo would have no further role in the case.

Today's ruling by Judge Burrell also brings to a halt speculation that Kaczynski might have defended himself, a possibility which caused many to draw parallels to Colin Ferguson, who defended himself after shooting 19 people on the Long Island Railroad.

Prosecutors objected in court papers today to the possibility of Kaczynski switching lawyers at this stage in the proceedings, and noted that they want Kaczynski to publicly tell the judge and both sides what his preferences for representation are. They also indicated they want the defendant present at all future court sessions to insure he is "fully informed of the proceedings against him and the positions being asserted on his behalf by his attorneys."

Also scheduled today was a hearing to discuss a motion filed last week by the government to bar the defense from using any form of testimony about Kaczynski's mental health.

The defense had argued in court papers earlier this week that "the government's argument misses the mark" and that to deny them the chance to include such testimony would amount to having the court "micro-manage" the evidence they plan to use. Kaczynski's mental problems were to be a cornerstone of the defense's case.

Though the defense announced it won't use expert testimony as part of that argument, they had still hoped to be able to call witnesses who know Kaczynski, such as his brother David, to testify about his erratic behavior. Mental health defenses can be used without introducing expert testimony, but such instances are rare.

Because of these recent events, the court may also find itself confronting the issue of Kaczynski's competency to stand trial.

The current trial will cover incidents in 1985 and 1995, as well as two bombings in 1993. A separate trial will cover charges against Kaczynski for a 1994 bombing in New Jersey.

Federal authorities believe that Kaczynski, 55, is the Unabomber, responsible for sixteen mail and package bombs that killed three people and injured 23 during between 1978 and 1995 in attacks across the country. He was arrested on April 3, 1996 in his Montana cabin, where he had lived for most of the past 26 years.

During the early stages of the case, federal authorities coined the name "Unabomber" because universities and airlines were early targets.

 

 
 


advertisement
©2007 Courtroom Television Network LLC. All Rights Reserved.
Terms & Privacy Guidelines

Small Court TV Logo