U.S. v. Kaczynski
Trial Transcripts
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3750
1 SACRAMENTO, CALIFORNIA
2 MONDAY, JANUARY 12, 1998, 1:30 P.M.
3 ---oOo---
4 (The following proceedings were held in chambers via
5 telephone conference call.)
6 THE COURT: Hi. This is Judge Burrell. Can you hear me?
7 MR. CLEARY: Yes, we can.
8 THE COURT: Please state your appearances for the record.
9 This is being reported by a Certified Shorthand Reporter.
10 MR. CLEARY: Robert Cleary, Steve Lapham, and Stephen
11 Freccero for the government.
12 MR. DENVIR: Quin Denvir, Judy Clarke and Gary Sowards
13 for Mr. Kaczynski.
14 THE COURT: Thank you. I've got a few matters I want to
15 cover. First, should we proceed with the trial on the 22nd, I
16 think the jury should not have to appear until 9:00 a.m. that
17 morning, because between 8:00 a.m. and 9:00, we need to cover
18 the Faretta issue, and the government indicated the need to
19 cover your stipulations.
20 Do you concur?
21 MR. CLEARY: Yes, Your Honor.
22 MR. DENVIR: Yes, Your Honor.
23 THE COURT: In light of that, and also because of the
24 anonymity of the jurors, my thought is that it is probably
25 ill-advised to mail to each of them a communication from the
DENNIS McKINNON, CSR No. 2223 -- (916) 446-1347
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1 court, and that I should direct my jury administrator to
2 communicate with the prospective -- I guess I shouldn't call
3 them prospective any longer -- with the jurors orally.
4 Do you agree with that?
5 MR. CLEARY: Yes, we do, Your Honor.
6 MR. DENVIR: Yes, Your Honor, we also agree.
7 THE COURT: Then I need to see if you approve the
8 following communication. I intend, if you agree, to file an
9 order in this action which reads as follows:
10 "The jury administrator is directed to read the following
11 verbatim to each juror and to provide such communication as
12 necessary to ensure his or her appearance and continued standby
13 status:
14 The judge told me to tell you that we are still involved
15 in proceedings which are necessary under the law in this case
16 which will delay the start of this jury trial. At present we
17 anticipate that these proceedings will be resolved no later
18 than January 22, 1998, and that trial could commence by 9:00
19 a.m. on that date. If there is to be a later start, you will
20 be notified. The Court and the parties appreciate your
21 patience. Please remember the admonition to avoid all news
22 media and discussions with others about the case.
23 It is so ordered."
24 It dated today's date and my signature.
25 Response.
DENNIS McKINNON, CSR No. 2223 -- (916) 446-1347
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1 MR. CLEARY: No objection from the government.
2 MR. DENVIR: None, Your Honor.
3 THE COURT: Okay. The next matter concerns closed
4 hearings. I plan on releasing in a redacted form as much of
5 the closed proceedings as I can under law. I've already
6 reviewed the Christmas Eve closed proceedings, and about a week
7 ago I directed one of my lawyers to tell the defense what
8 aspect of that proceeding I was inclined to release. A defense
9 lawyer told my lawyer that he wanted to look at a portion of
10 the public record before responding. I told my lawyer to tell
11 the defense counsel that was okay. I assume defense counsel is
12 still looking at the public record.
13 MR. DENVIR: That's correct. We'll try to finish up this
14 afternoon or tomorrow morning.
15 THE COURT: In regard to that particular transcript, my
16 court reporter has been sick. She's the individual that
17 reported that proceeding, and she has been out of the
18 courthouse for a few days. However, I think she did come in
19 and report one proceeding while sick. I was actually not
20 pleased about that because I don't want to get sick myself.
21 Today I left a message with my court reporter because I
22 assumed she had reported the January 7 closed proceeding, but I
23 found out that I was mistaken. The reporter who reported the
24 January 5 proceeding has provided me with a draft copy of that
25 closed proceeding, and that reporter assisted me in obtaining a
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1 draft copy of a January 7th closed proceeding.
2 I have made copies of those proceedings for review by the
3 defense. I intend if possible sometime today to review those
4 proceedings to make a determination as to whether portions of
5 them can be made public.
6 Now, further, in light of public proceedings conducted to
7 date, I contemplate revisiting the December 19, 1997 and
8 December 22, 1997 closed proceedings to determine whether other
9 portions of those transcripts should be made public. The
10 January 5 and January 7 closed proceedings, rough drafts of the
11 same are available for pick up by the defense today.
12 MR. DENVIR: Where would they be picked up, from the
13 reporters or from your chambers?
14 THE COURT: They're in my chambers.
15 MR. CLEARY: We'll send someone over.
16 THE COURT: Next I want to cover a supplemental order I
17 contemplate issuing today. In the supplemental order I plan on
18 specifically ordering Dr. Sally Johnson to come to California.
19 I know she's already here, but I'm going to order her to come
20 because I think the government needs this for travel purposes,
21 at least I've been told that by a deputy United States
22 Marshal.
23 I also plan on covering in that supplemental order the
24 statutory things which I know the defense recognizes should be
25 covered in Dr. Johnson's report. I will list them for you if
DENNIS McKINNON, CSR No. 2223 -- (916) 446-1347
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1 you desire, because I plan on giving her a copy of the
2 supplemental order.
3 Would you like me to list them, or do you know what they
4 are?
5 MR. CLEARY: Is that from 4247, Your Honor, (b) or (c), I
6 think it is?
7 THE COURT: 4247(c).
8 MR. CLEARY: We know what they are, Your Honor.
9 MR. DENVIR: We also do, Your Honor.
10 THE COURT: I don't have to list them and you don't mind
11 me providing that information to the doctor?
12 MR. CLEARY: No, Your Honor.
13 MR. DENVIR: No objection.
14 THE COURT: I'm also inclined to direct Dr. Johnson to
15 give a copy of her report to counsel for the parties and the
16 Court by 7:00 p.m. on January 16, and I will set forth in a
17 footnote next to that requirement that she can let me know if
18 she needs more time. It's my understanding she may be able to
19 give us the report by that time.
20 Do you have a different understanding about it? I know
21 you both communicated with the doctor.
22 MR. CLEARY: I think she's optimistic she can meet that
23 deadline, Your Honor.
24 THE COURT: Neither party sees a problem with including
25 that in the order?
DENNIS McKINNON, CSR No. 2223 -- (916) 446-1347
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1 MR. CLEARY: The government doesn't.
2 MS. CLARKE: We have talked to Dr. Johnson. She's trying
3 to meet that deadline. It seemed to me she might need until
4 later on Friday night.
5 THE COURT: I plan on staying in my chambers Friday night,
6 and I will be available by telephone. If she needs more time,
7 I can extend the deadline. I will wait on her report.
8 MS. CLARKE: That would be fine.
9 MR. DENVIR: That would be fine, Your Honor.
10 THE COURT: Okay. In the order I also plan on directing
11 her to personally attend the competency hearing, with the
12 understanding that she won't have to attend if you both
13 indicate you don't think it's necessary and I agree.
14 MR. DENVIR: Fine, Your Honor.
15 THE COURT: That's all I wanted to cover. Is there
16 anything further to cover from your perspectives?
17 MR. CLEARY: Nothing from the government, Your Honor.
18 THE COURT: How about the defense?
19 MR. DENVIR: Nothing further from the defense either.
20 THE COURT: Thank you.
21 MR. DENVIR: Thank you.
22 THE COURT: Good-bye.
23 (Proceedings concluded.)
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DENNIS McKINNON, CSR No. 2223 -- (916) 446-1347
1 IN THE UNITED STATES DISTRICT COURT
2 FOR THE EASTERN DISTRICT OF CALIFORNIA
3 -- oOo --
4 BEFORE THE HONORABLE GARLAND E. BURRELL, JR., JUDGE
5 -- oOo --
6
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8 UNITED STATES OF AMERICA, )
)
9 Plaintiff, )
)
10 vs. ) No. Cr. S-96-259 GEB
)
11 THEODORE JOHN KACZYNSKI, )
)
12 Defendant. )
______________________________)
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15 -- oOo --
16 REPORTERS' DAILY TRANSCRIPT
17 JURY TRIAL
18 VOLUME 26, pp. 3750-3756
19 MONDAY, JANUARY 12, 1998
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Reported by: DENNIS F. McKINNON, CSR #2223
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DENNIS McKINNON, CSR No. 2223 -- (916) 446-1347
1 A P P E A R A N C E S
2 For Plaintiff UNITED STATES OF AMERICA:
3 OFFICE OF THE U.S. ATTORNEY
650 Capitol Mall
4 Sacramento, CA 95814
BY: ROBERT J. CLEARY
5 STEPHEN P. FRECCERO
R. STEVEN LAPHAM
6 Special Attorneys to the
United States Attorney General
7
For the Defendant:
8
OFFICE OF THE FEDERAL DEFENDER
9 801 "K" Street, Suite 1024
Sacramento, CA 95814
10 By: QUIN A. DENVIR
Federal Defender, Eastern District of California
11 JUDY CLARKE
Executive Director, Federal Defenders of
12 Eastern Washington and Idaho
13
14 STERNBERG, SOWARDS & LAURENCE
604 Mission St., 9th floor
15 San Francisco, CA 94105
BY: GARY D. SOWARDS
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DENNIS McKINNON, CSR No. 2223 -- (916) 446-1347
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