Unabomber suspect Theodore Kaczynski's defense team has received a jolt of star power, with the recruitment of the incoming president of the National Association of Criminal Defense Lawyers.

Judy Clarke, the current federal public defender in Spokane and former head of the federal defender's office in San Diego, is expected to be added as co-counsel this week. Sacramento Federal Public Defender Quin Denvir has filed court papers asking U.S. District Judge Garland Burrell Jr. to appoint Clarke as second counsel for Kaczynski.

Clarke, who takes over as NACDL president next month, has run federal defender's offices for much of the past 13 years, gaining a reputation as one of the nation's foremost experts on the federal sentencing guidelines. She has even authored a book on the byzantine sentencing statutes, and distributes a monthly publication on developments in sentencing law called "guidelines grapevine."

The Unabomber prosecution is not the first time Clarke has jumped into a high-profile, complex and daunting defense situation: She volunteered to act as co-counsel for Susan Smith, the South Carolina woman convicted but spared the death penalty last year for murdering her two young sons.

"She is the patron saint of defense lawyers," said San Antonio defense attorney Gerald Goldstein, former head of NACDL. "[Her specialty] is impossible tasks that require untold amounts of labor and imagination. There is not anybody I'd rather have at my back in my courtroom."

Clarke, a South Carolina native, jumped into the Smith defense in part because she was well-acquainted with the lead defense lawyer, David Bruck. During the 1995 trial, Clarke was an integral part of the defense team, handling closing arguments in the guilt phase and assisting in the penalty phase. That experience could be important in defending Kaczynski, particularly in light of the fact that few federal practitioners have handled death penalty trials.

In the Smith trial Clarke also attacked law enforcement's preparation of crime scene evidence. Such experience could be important in defending Kaczyinski, who has been linked by extensive forensic and circumstantial evidence to the Unabomber's 18-year crime spree.

"What you get here is one of the most respected appellate advocates in the Ninth Circuit -- a household name," said San Francisco Federal Public Defender Barry Portman, who has lectured with Clarke over the years. "At the same time, you get somebody who has handled a major-league, high-profile death penalty case. It is a sensational combination."

Other Defense Team Candidates
Kaczynski, whose next court appearance is scheduled for Friday, is charged with two murders and two other Unabomber -related bombings in the Sacramento indictment. The Justice Department has charged him under statutes that could bring the death penalty.

Clarke could not be reached for comment Monday on her involvement in the case. Denvir also could not be reached, although he said last week that he would prefer not to announce his defense team in increments.

At this point, it is unclear how much outside help Denvir will obtain to defend Kaczynski, although it is apparent he intends to retain a strong lead role for himself. Denvir has close ties to the Bay Area defense community, notably to Portman and appellate specialist Dennis Riordan, prompting speculation he may look locally for more help.

Portman, who declines to discuss his role in the case, already has assisted Denvir in a behind-the-scenes capacity. There also are persistent rumors in the local defense bar that death penalty specialist Gary Sowards might be called in if the Justice Department chooses to press for the death penalty.

Denvir last week declined to confirm the possible involvement of Sowards, a former California Appellate Project lawyer who is currently working on a class action challenge to the new habeas corpus statute before Chief U.S. District Judge Thelton Henderson. Sowards did not return three phone calls seeking comment.

Clarke, meanwhile, joins Denvir at a time when she is about to become the first public defender to head NACDL. It is not clear whether Clarke intends to continue running the defender's office in Spokane: She took a leave of absence for the Smith trial, and turned her fees from the case over to the federal defender's budget.

Lawyers who know both of Kaczysnki's defenders say Clarke and Denvir will present a formidable combination for the Justice Department's prosecution team.

"They are two lawyers who are so secure with themselves they don't demand the spotlight, which will be important in a case like this," Portman said.

(The Recorder is an affiliate of Court TV.)
Copyright 1996, American Lawyer Media.