Updated December 29, 1997
U.S. v. Kaczynski, Latest News:  
   

(December 29) -- Theodore Kaczynski's lawyers announced today they were dropping plans to use testimony from mental health experts in their defense.

The lack of such expert testimony makes it unlikely they can present a mental defect defense of diminished capacity on Kaczynski's behalf.

The defense did not have any immediate comment on its decision.

This latest development came on the heels of reports that the Justice Department rejected a plea offer the defense made that would have given him life in prison in return for pleading guilty to the bombings with which he has been charged. Two of the ten charges against him carry the death penalty.

The New York Times and the Associated Press reported today that the Justice Department's death-penalty review committee turned down an offer made in Washington by Kaczynski's defense team in recent weeks.

The announcement today of the change in strategy from the defense came in a brief, one-line statement to U.S. District Judge Garland Burrell and marks a significant change in that strategy. Because of the preponderance of evidence against Kaczynski, it is unclear what options the defense team, led by federal public defenders Quin Denvir and Judy Clarke, have left in defending their client.

They can still 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.

Kaczynski had been unwilling to comply with prosecutors' repeated requests to make him undergo at least a limited psychiatric screening. Though they had suggested alternate methods under which he might be tested -- including consultations by phone or in writing -- he remained adamant about his refusal.

He had also reportedly been battling with his lawyers over what tactics they might use in defending him. He reportedly believes he is not mentally ill and has grown frustrated at times when others have discussed his psychiatric problems.

Court papers released by Judge Burrell last week showed that Kaczynski had written letters indicating that he was at odds with his lawyers over their defense strategy.

Opening arguments begin on January 5. A jury was chosen on December 22, composed of three men and nine women -- plus six alternates (four men, two women).

Federal authorities believe that Kaczynski, 55, is the Unabomber, responsible for sending packaged bombs in the mail 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 rural Montana, where he had lived for most of the past 26 years.

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.

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

 

 
 


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