1 SACRAMENTO, CALIFORNIA
2 MONDAY, MAY 4TH, 1998 - 9:05 A.M.
3 ---o0o---
4 THE CLERK: You may remain seated. Court is again in
5 session.
6 THE CLERK: Calling Criminal Case S-96-259,
7 United States versus Theodore Kaczynski.
8 THE COURT: Please, state your appearance for the
9 record.
10 MR. CLEARY: For the Government, Robert Cleary, Steven
11 Lapham, Steven Freccero, Douglas Wilson, Bernard Hubley. And
12 Mr. Freccero will be speaking on behalf of the government
13 today.
14 THE COURT: Thank you.
15 MS. CLARKE: Judy Clarke and Quin Denvir with
16 Mr. Kaczynski. He's present in court, Your Honor.
17 THE COURT: Thank you.
18 This is the time set for pronouncement of judgment and
19 sentence. Is there any reason why we should not proceed with
20 sentencing?
21 MR. DENVIR: No, Your Honor.
22 MR. FRECCERO: No, Your Honor.
23 THE COURT: On January 22nd, 1998, defendant pled guilty
24 to the crimes alleged in the Sacramento and New Jersey
25 indictments. The matter was referred to the United States
CATHERINE E. F. BODENE, CSR NO. 6926 (916) 446-1347
2
1 Probation Office for a presentence evaluation and report.
2 I have read and considered the Presentence Report, the
3 updated information for the report on restitution, which
4 probation provided to the parties on April 20, 1998, and the
5 government's sentencing memorandum filed April 28, 1998.
6 Counsel, have each of you received and read a copy of
7 the Presentence Report and had an opportunity to discuss it
8 with your prospective clients in detail?
9 MR. FRECCERO: On behalf of the government, we have,
10 Your Honor.
11 MR. DENVIR: Yes, Your Honor.
12 THE COURT: Mr. Kaczynski, have you received and read a
13 copy of the Presentence Report and discussed it with your
14 attorney in detail?
15 THE DEFENDANT: Yes, I have.
16 THE COURT: Okay. Counsel, are there any objections to
17 any of the statements of material fact, sentencing
18 classifications, sentencing guideline ranges or policy
19 statements contained in or omitted from the Presentence
20 Report?
21 MR. FRECCERO: None from the government, Your Honor.
22 MR. DENVIR: No, Your Honor.
23 THE COURT: Since there are no objections, I adopt the
24 findings of the Presentence Report and determine them to be
25 true and correct. Therefore, the applicable Offense Level is
CATHERINE E. F. BODENE, CSR NO. 6926 (916) 446-1347
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1 45, the Criminal History Category is I, and the Guideline
2 Determinations are a term of Life in Prison, plus a 30 year
3 consecutive prison sentence to that life term, plus three
4 additional life prison terms that must be served consecutively
5 with all other sentences and with each other.
6 I will comply with Rule 32 of the Federal Rules of
7 Criminal Procedure even though the sentence in this case is
8 mandatory.
9 Rule 32 requires me to afford defendant's counsel an
10 opportunity to speak on the defendant's behalf prior to
11 imposition of sentence, to address the defendant personally
12 and determine whether the defendant wishes to make a statement
13 and to present any information in mitigation of the sentence,
14 to afford the attorney for the government the opportunity to
15 speak to the court, and to address the victims personally, if
16 the victims are present at the sentencing hearing, to
17 determine if any of them wish to make a statement or present
18 any information in relation to the sentence.
19 As revealed in United States versus Smith, 893 F. Supp.
20 187, 188, (Eastern District of New York 1995), this process is
21 designed to help the court gauge the effects of the
22 defendant's crimes on the victims and may also act as a
23 catharsis facilitating quicker dissipation of bitterness over
24 the injury or loss suffered by the victim.
25 Probation informed me earlier this morning that the
CATHERINE E. F. BODENE, CSR NO. 6926 (916) 446-1347
4
1 victims wishing to speak will be introduced by the
2 prosecution, and that they desire to make statements from the
3 prosecutor's counsel table.
4 Is that correct, sir?
5 MR. FRECCERO: Yes, Your Honor. Some may wish to do it
6 from the podium. There are some who wish to sit at the
7 prosecutor's table, if that's acceptable to the Court.
8 THE COURT: They have three choices; the two mentioned,
9 and they can also take the witness stand if that is their
10 desire.
11 Does counsel for defendant wish to speak on defendant's
12 behalf before I pronounce sentence?
13 MS. CLARKE: No, Your Honor.
14 THE COURT: Does the defendant wish to make a statement
15 before I pronounce sentence?
16 THE DEFENDANT: Yes, Your Honor.
17 Your Honor, may I come to the podium?
18 THE COURT: You may.
19 THE DEFENDANT: My statement will be very brief.
20 A few days ago the government filed a sentencing
21 memorandum, the purpose of which was clearly political. By
22 discrediting me personally, they hope to discredit the ideas
23 expressed by the Unabomber. In reality, the government has
24 discredited itself. The sentencing memorandum contains false
25 statements, distorted statements and statements that mislead
CATHERINE E. F. BODENE, CSR NO. 6926 (916) 446-1347
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1 by omitting important facts.
2 At a later time I expect to respond at length to the
3 sentencing memorandum and also the many other falsehoods that
4 have been propagated about me.
5 Meanwhile, I only ask that people reserve their judgment
6 about me and about the Unabom case until all the facts have
7 been made public.
8 THE COURT: Let the record reflect Mr. Kaczynski has
9 finished making his statement and returned to counsel table.
10 Does the government wish to make a statement before I
11 pronounce sentence?
12 MR. FRECCERO: Your Honor, the United States stands by
13 the statements it made in its sentencing memorandum, and we
14 would submit it based on that.
15 THE COURT: Any victim wishing to make a statement or to
16 present any information in relation to sentence may come
17 forward through the prosecution following the procedure I
18 explained earlier.
19 MR. FRECCERO: Your Honor, Susan Mosser, the wife of
20 Thomas Mosser who was murdered in December of 1994.
21 THE COURT: Miss Mosser, can you pull the microphone --
22 Maybe counsel can help her pull the microphone closer to her.
23 When you are ready, you may make whatever statement you
24 want, ma'am.
25 MRS. SUSAN MOSSER: Can I put it on this side because my
CATHERINE E. F. BODENE, CSR NO. 6926 (916) 446-1347
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1 pages will be turning that way.
2 Nails. Razor blades. Wire. Pipe. Batteries.
3 Everyday household items. Pack them together, explode them
4 with the force of a bullet from a rifle, and you have a bomb.
5 Hold it in your hand while it is exploding, as my husband Tom
6 did, and you have unbearable pain.
7 Not the unbearable pain the defense lamented Kaczynski
8 would feel should he be portrayed as mentally ill, Your Honor,
9 but the excruciating pain of a hundred nails, cut up razor
10 blades and metal fragments perforating your heart, shearing
11 off your fingers, burning your skin, fracturing your skull,
12 and driving shrapnel into your brain.
13 December 10th, 1994, was the day my husband felt
14 unbearable pain. It was supposed to be the day my family
15 picked out a Christmas tree. The day we celebrated Tom's
16 latest promotion. Instead it was the day my husband was
17 murdered, the day I had to tell the children "Daddy, is dead."
18 It was unbearable pain for me to say it, and it was unbearable
19 pain for them to hear it. Their ages were 21, 19, 13 and
20 15-months-old.
21 December 10th was a Saturday, but the story begins with
22 the day before when a package was delivered to our home. It
23 was addressed to my husband. I put it with the other mail on
24 the table in the foyer.
25 Tom was due back from a week-long business trip later
CATHERINE E. F. BODENE, CSR NO. 6926 (916) 446-1347
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1 that day. He came back tired, but he was happy to be home
2 with us. That evening, my daughter Kim, 13-years-old, had
3 some friends over. They laughed and played around the piano
4 just feet from a bomb disguised as a package.
5 They left, and we went to bed. One of Kim's friends
6 stayed over. The next morning the baby and I were the first
7 ones up. Tom got up and had breakfast. He read books to
8 Kelly and played in her toy castle. Our plan that day was to
9 go buy a Christmas tree.
10 Still in his bathrobe, Tom went to the foyer, looked at
11 the mail, and brought one of the packages back in the kitchen
12 where Kelly and I were standing. He put it on the counter,
13 and as he reached for a knife to open it, Kelly, just on a
14 whim, bolted out of the room. I followed unsure where she was
15 headed. I helped her down the step into the living room. She
16 wanted to have a tea party.
17 As we started having it, a thunderous noise resounded
18 throughout the house. It had originated in the kitchen.
19 Stunned, I scooped Kelly up and put her near the front door.
20 A white mist was pouring from the kitchen doorway. I raced
21 through it to find out what happened.
22 The dust settled slowly revealing the kitchen counter,
23 but Tom wasn't standing there. When the mist settled to the
24 floor, a horrifying image emerged. My husband's body, face up
25 on the floor, his stomach slashed open, his face was partially
CATHERINE E. F. BODENE, CSR NO. 6926 (916) 446-1347
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1 blacked and distorted. Blood. Horror. There was no time to
2 take it all in. I knew he needed help.
3 Fearing the kids would come into the kitchen, I yelled
4 for them to get out of the house. I dialed 911 and screamed
5 "I need an ambulance." I headed over to Tom, grabbing some
6 towels and the baby's blanket she'd dropped on the floor
7 earlier in the morning.
8 I knelt down. He was moaning very softly. I wasn't
9 sure what I could touch or where I could touch. The fingers
10 on his right hand were dangling just by skin. They had been
11 cut through the bone.
12 I did what I could, and I held his left hand. I told
13 him help is coming, that he would be okay, and that I loved
14 him.
15 Within two minutes the police arrived. One went to Tom,
16 the other asked me what happened. I started telling him, but
17 became hysterical, my mouth saying, "Oh, my God. Oh, my God.
18 Oh, my God. Oh, my God." As I looked at Tom, my brain was
19 telling me to shut up, but I couldn't. The officer told me to
20 get a grip on myself, and that was the slap in my face I
21 needed. I could function again.
22 Thinking we would be going to the hospital, I finally
23 dialed for someone to stay with the kids. That done, I headed
24 back for Tom. I was told I had to get out of the house on my
25 way over to see him, but I wanted to stay with him.
CATHERINE E. F. BODENE, CSR NO. 6926 (916) 446-1347
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1 Paramedics were working on him. I didn't want to be in
2 their way, but I wanted Tom to know I was there. I knelt down
3 next to him remembering something about a pulse point behind
4 the knee. I felt for it behind his left leg. There was a
5 pounding sensation. I realized it was my own heart.
6 A fireman said he smelled gas then, and again asked me
7 out of the house -- ordered me out of the house. I stood up
8 from where I was next to Tom and smelled it too. Out the
9 window I could see firemen on alert, hoses pointed at the
10 kitchen, ready to douse it should it blow.
11 I knew then that I had no choice. I had to leave. If
12 the kitchen exploded, my children would have no one, no
13 father, no mother. But first I needed a few things for the
14 baby. I grabbed the diaper bag, some formula, and headed for
15 the cabinet where the baby bottles were. The force of the
16 bomb had blown the bottles out of the cabinet. They were on
17 the floor in a pile of glass and debris. I left them there.
18 The bottles themselves were plastic so they weren't
19 broken, but I figured I might have time to tell someone to
20 wash them out before they gave the bottle to Kelly.
21 In the street there was organized chaos. Fire trucks,
22 cars, ambulances everywhere. Fire hoses crisscrossed my lawn
23 and driveway. People were scurrying every which way. I was
24 told a medivac chopper was on its way. It would land at the
25 baseball field and take Tom to a trauma center. I was so
CATHERINE E. F. BODENE, CSR NO. 6926 (916) 446-1347
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1 relieved. There was hope.
2 But moments later it seemed like someone had pulled a
3 plug out of the whole thing. Everything came to a screeching
4 halt. It just didn't feel right. My eyes went to the front
5 door of my house. "Bring him out," I was yelling inside me.
6 The door opened, but a stretcher didn't come out. A firemen
7 came out. He walked in slow motion down the steps and to the
8 driveway. He was not anxious to get to his destination, Your
9 Honor. I realized his destination was me.
10 Before he had a chance to say it, I did. "He's dead,
11 isn't he," I said. The fireman shook his head yes. "I'm
12 sorry," he said. "He didn't make it."
13 I went totally ballistic. All these hands were coming
14 at me. I just wanted to run. They calmed me down, and I knew
15 then I had to extend this unbearable pain to my children.
16 They were safely inside my neighbor's house and they
17 knew very little about what was going on. Kim had been told
18 that Tom had cut his hand. She called her older sister Abbey
19 to let her know, and told her that Tom and I were going to the
20 hospital.
21 Abbey, concerned that Kim and Kelly might be frightened,
22 came over. She had to walk down our barricaded street on
23 foot. Abbey was not at all prepared for what she would see.
24 When I saw her, I went over and pulled her into the car
25 they put me in. "Daddy's dead," I said. "It was a bomb. I'm
CATHERINE E. F. BODENE, CSR NO. 6926 (916) 446-1347
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1 so sorry honey." "No. No. No. Not my daddy," she cried as
2 I held her in my arms and we cried together.
3 After absorbing the shock, her first words were concern
4 for Kim. And I told her that Kim didn't know yet. I wanted
5 to give the youngest ones a few more minutes of peace before I
6 changed their lives forever.
7 Someone said that Kim was starting to ask questions. I
8 knew my time had run out. We headed for the neighbor's door.
9 Someone opened it for us. Inside I could hear the sounds of
10 my children playing and laughing. How can I do this to them,
11 I thought, destroy their world. Nothing will ever be the
12 same.
13 The minute we walked in, Kim knew something was wrong.
14 The priest, the fireman, Abbey, me. We told her Tom had been
15 hurt. "Fix him," she yelled. I told her he couldn't be
16 fixed. It was a bomb. He was dead.
17 She screamed and cried and flailed around and then
18 dropped on the floor. I went down with her, Kelly in my other
19 arm. I held them both, my brokenhearted children. They were
20 inconsolable. Kelly didn't understand what I was saying what
21 had happened, but she knew whatever it was, it was terrible.
22 Kim started to hyperventilate. We got her up. Kelly
23 was screaming so loudly I had to take her out of the room.
24 There was no calming her down. Her blanket might have helped,
25 but that was back in the house soaked with Tom's blood.
CATHERINE E. F. BODENE, CSR NO. 6926 (916) 446-1347
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1 My stepson, Timmy, learned of the news of his father
2 over the phone. He had a five hour drive. A friend drove him
3 home, and Timmy cried the whole way.
4 The afternoon was spent answering questions, explaining
5 what happened, describing the package, describing Tom,
6 getting phone numbers.
7 We thought it was a corporate conspiracy at first.
8 Teams of experts flew up from Washington to review the
9 evidence. FBI, ATF, local law enforcement. The bomb squad
10 searched ever inch of my home for more bombs and found a
11 package which upon x-ray looked suspicious. They warned me
12 that they would have to detonate it. When they did, it lifted
13 me right off the ground.
14 We spent the early morning hours waiting for the
15 evidence to be collected. They named the murderer. It was
16 the Unabomber.
17 I was anxious for Tom to have last rights. At 5:00 a.m.
18 on Sunday we were finally able to get back into our house with
19 a priest. Tom was in a body bag on a gurney near the piano.
20 We were allowed into the foyer. We said the prayers, touched
21 the bag and like zombies headed back to our neighbor's house.
22 When we got back to the house, I sat in the kitchen, my
23 head on the table. My sister said I let a wail out of my body
24 that sounded like it came from my soul. I started to cry and
25 I don't know when I stopped.
CATHERINE E. F. BODENE, CSR NO. 6926 (916) 446-1347
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1 It was the worst day of my life, Your Honor. Not only
2 the beginning of this nightmare that is the Unabomber. My
3 children are bleeding from their souls. Sometimes it's only a
4 pin prick, sometimes it's a hemorrhage. To lose your father
5 this way is unfathomable. And even after three and a half
6 years we are still processing the horror. If it is processed
7 all at once, you would go jump off a bridge.
8 Every holiday has pain. Every Father's Day, every
9 birthday, every graduation, every reward, every everything.
10 We try to be strong, but every time Kaczynski perpetrates some
11 new evil, it's another stab in our souls.
12 My children began their life sentence without their
13 father three and a half years ago. For the baby, it's a 70
14 year sentence. For Abbey, Tim and Kim, maybe 50 years.
15 Kaczynski will do less than that.
16 He has ravished my children, but will suffer less for
17 it. For while the past is troubling me, the future troubles
18 me too, Your Honor. Even in a jail, a serial killer wants to
19 kill. And Kaczynski will use his manipulating mind to try and
20 figure out how, if he hasn't already done that.
21 He is diabolical, evil, cunning. A murderer. He has no
22 cause except his own, and that is to kill anyone.
23 Please, Your Honor, make this sentence bullet proof,
24 bomb proof, if you will. Don't let Kaczynski murder justice
25 the way he has murdered others. Please keep this creature out
CATHERINE E. F. BODENE, CSR NO. 6926 (916) 446-1347
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1 of society forever, in every possible way. Make this sentence
2 as permanent for him as he has made our sentences permanent.
3 His so-called causes are a smokescreen for his only
4 objective, to kill anything that is alive. Lock him so far
5 down that when he does die, he'll be closer to hell. That's
6 where the devil belongs.
7 Just one more thing, Your Honor, that I would like to
8 say and that is this:
9 God, thank you for letting us see this day. It is
10 hopefully the beginning of the end. Bless everyone who has
11 worked on this case. Bless everyone who has ever been touched
12 by this case. Bless everyone who has ever prayed for any of
13 us. But most of all, God, bless our children, keep their
14 world safe from people like this.
15 Thank you, Your Honor.
16 THE COURT: You're welcome.
17 MR. FRECCERO: Your Honor, Dr. Lois Epstein, the wife of
18 Dr. Charles Epstein, who was injured in June of 1993.
19 MRS. LOIS EPSTEIN: I have thought long and hard about
20 what I should say to you, Ted Kaczynski, as you are the person
21 who sent a bomb to my home in an attempt to murder Dr. Charles
22 Epstein, a gentle and brilliant man, a man who has never done
23 you a moment of harm, but has done the world a lot of good. A
24 man who has been my husband for the past 42 years and the
25 father of our four children and the grandfather of our three
CATHERINE E. F. BODENE, CSR NO. 6926 (916) 446-1347
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1 children.
2 I speak to you today as his wife, as a mother, and a
3 grandmother. I am also a Harvard University educated
4 physician's scientist. And as such, have spent decades of my
5 life doing experiments in my cancer research laboratory and
6 hours of my life taking care of children who are ill in a
7 clinic setting.
8 Let me remind you that the construction of the bomb you
9 sent to my husband was described in your notebooks of horror
10 and terror as Experiment Number 225. Let me remind you that
11 in your callous, contemptuous, quasi-scientific method you
12 described the results of that experiment as "adequate but no
13 more than adequate."
14 I am so incredibly thankful that because of my husband's
15 resilience, determination and courage, and because of the
16 support and love of our family, and literally thousands of
17 friends, colleagues and even strangers, that he has recovered
18 from the physical effects of your bomb.
19 I am also incredibly grateful that our, as then
20 18-year-old daughter, who brought the package with the bomb
21 into our home, decided not to open it, left the house, and so
22 never saw what happened to her father when the bomb actually
23 exploded in his hands.
24 My thoughts result not only from the difficult
25 experiences which my husband, our family, and I endured during
CATHERINE E. F. BODENE, CSR NO. 6926 (916) 446-1347
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1 his long recovery, but also from the profound impact on us of
2 the tragedies endured by the other victims of your crimes and
3 their families.
4 That you have been sentenced to life imprisonment
5 without the possibility of appeal or parole is, in my opinion,
6 almost too kind a sentence for a man who has been successful
7 in murdering three human beings and seriously injuring an
8 additional 22.
9 The Bible speaks in Leviticus 24 of an eye for an eye
10 and a tooth for a tooth. Our tradition of Judaism rejects the
11 literal meaning of these words in favor of a more metaphoric
12 interpretation. Thus, to me this concept of justice, when
13 thought about in a symbolic way, seems to be very appropriate
14 for you.
15 Therefore, as you serve out your life imprisonment and
16 your life sentence in prison, I wish the following for you in
17 the hope that you eventually truly understand the seriousness
18 and consequences of your crimes and how your victims and their
19 families have suffered.
20 Given that your victims were blinded by your bombs, may
21 your eyes be blinded by being deprived of the light of the
22 moon, the stars, the sun and the beauty of nature for the rest
23 of your life;
24 Given that your victims lost their hearing because of
25 your bombs, may your ears become deaf as your eardrums implode
CATHERINE E. F. BODENE, CSR NO. 6926 (916) 446-1347
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1 from the stony silence of your surroundings for the rest of
2 your life;
3 Given that your victims were maimed by your bombs, may
4 your fingers, your hands, your arms, your legs and your body
5 be shattered by the violence and hatred you wrought against
6 others, the violence and hatred which have already mangled and
7 distorted your mind;
8 Given that your victims were killed by your bombs, may
9 your own eventual death occur as you have lived, in a solitary
10 manner, without compassion or love.
11 MR. FRECCERO: Your Honor, I would introduce to the
12 Court Dr. Charles Epstein.
13 DR. CHARLES EPSTEIN: As far as I know, I am the only
14 person in modern times who was targeted for death just for
15 being a geneticist. It's nearly five years since you,
16 Theodore Kaczynski, attempted to kill me because I am,
17 according to one of your letters, a genetic engineer.
18 I do not know what your understanding of the term
19 "genetic engineering" is, but I personally think that I might
20 better be described as a physician and scientist who has spent
21 his whole professional life trying to help patients and
22 families who are confronted with a host of difficult, often
23 tragic problems and choices.
24 True, my tools are genetic ones, but while they're used
25 in the service of people who need help should mark me for
CATHERINE E. F. BODENE, CSR NO. 6926 (916) 446-1347
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1 death is beyond my understanding. Perhaps it was not so much
2 for what I did myself, but for what you thought I stood for.
3 The use of science, genetics in my case, to try to improve the
4 lot of mankind.
5 Well, I must admit that is exactly what I stand for. In
6 your distorted view of history and the world, if we are to
7 believe any of what you wrote in your manifesto, the use of
8 science to improve the human condition is merely a deception
9 aimed at ultimately enslaving and controlling society.
10 Rather, it would appear that you would prefer mankind to exist
11 in some blissful state devoid of science and technology.
12 Well, I can tell you there is nothing blissful about the
13 things I deal with on a day-to-day basis; birth defects,
14 mental retardation, degenerative brain disease and so much
15 more.
16 What right then do you have hiding in your shack in a
17 forest to try to prevent me and my kind from trying to relieve
18 the suffering of those who are afflicted by attempting to kill
19 me and to intimidate the others?
20 No right at all. You have no right at all.
21 And even had you succeeded in killing me, it would not
22 have advanced your cause one iota, your political agenda. To
23 the extent that you really were trying to make some sort of
24 statement about the potential problems engendered by science
25 and technology, your murderous approach doomed you to failure,
CATHERINE E. F. BODENE, CSR NO. 6926 (916) 446-1347
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1 and fail you did. And no matter how much you sit in prison
2 and write, fail you will.
3 Greek tragedies are characterized by hubris and nemesis.
4 We both learned this at Harvard, I'm sure. Hubris, sometimes
5 defined as an overweening pride, you have plenty enough of
6 that, and assuredly your nemesis has come. But there is no
7 Greek tragedy at work here because the tragic figure was
8 always someone with nobility of character. And that is what
9 made his ultimate fall tragic.
10 Both your words and actions have shown us that this is
11 not what is at work in your case. But there has been tragedy
12 enough associated with your actions, real life tragedy
13 involving families who do -- who do possess the nobility of
14 character that you lack. Tragedy visited upon them for no
15 fault of their own. Wives whose husbands were murdered,
16 children who lost their fathers, relatives and friends who
17 lost their loved ones. These are tragedies that will last a
18 lifetime.
19 And for those who have survived your murderous attempts,
20 there has been, to be sure, pain and disfigurement, but that
21 is really the least of it. There is the knowledge of the
22 terrible effects that your actions have had upon their wives
23 and children and friends and loved ones. There is the fearful
24 knowledge that you are so indiscriminate and callous in how
25 you attempted to kill them, that you did not care whom you
CATHERINE E. F. BODENE, CSR NO. 6926 (916) 446-1347
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1 placed at risk.
2 On most any other evening than June 22nd, 1993, my
3 daughter, who brought in your bomb from the mailbox, and my
4 wife, would have been standing next to me as I opened my
5 mail.
6 Your defense lawyers would have us believe that you did
7 not really know what you were doing, or if you did, that you
8 couldn't stop yourself from doing it.
9 Having sat in this courtroom during the several sessions
10 in which you very nicely managed to throw the proceedings into
11 an uproar, and having read and heard, as we all, what you
12 wrote with your own hand, I reject the notion that your mental
13 state, whatever label's put on it, somehow justifies or
14 excuses or even explains what you did.
15 In fact, I feel that such an assertion does an enormous
16 disservice to the thousands of people with psychiatric
17 illnesses who manage to conform to the norms of society.
18 However, the repeated assertion of mental illness did
19 have one effect which has a severe impact on those whom you
20 attacked and on their families. By some convoluted form of
21 logic, you were portrayed as the victim, the victim of a
22 system of justice thirsting for your blood, of prosecutors who
23 would see a deranged man put to death.
24 What a message. Theodore Kaczynski the victim.
25 And what of Gil Murray and Hugh Scrutton and Thomas
CATHERINE E. F. BODENE, CSR NO. 6926 (916) 446-1347
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1 Mosser, all of whom were destroyed, literally demolished by
2 your bombs? What of their wives and children who forever will
3 be alone? What of all the rest of us?
4 Somehow all were forgotten in the clamor for a plea
5 bargain that didn't even exist. In the end, you took a plea
6 bargain. In the end you showed that you would rather save
7 your own neck than even take the risk of dying for ideas for
8 which you killed or attempted to kill, or at least you said
9 you killed.
10 But we're beyond all of that now. The truth is out.
11 You did everything you were accused of and more, and you did
12 it in cold blood. Despite all of the attempts to suppress the
13 evidence, even to the bitter end, the story is out. And the
14 whole world knows just who and what Theodore Kaczynski is.
15 So as I'm frequently asked when we leave the courtroom
16 today, will justice have been served?
17 I do not really know how to answer that questions --
18 that question. With crimes as egregious as yours, carried out
19 as they were without any sense of remorse or compassion, I'm
20 not sure that there can ever really be true justice. And for
21 those who are dead and those whom they leave behind, no
22 punishment can repair their losses.
23 I'm afraid, therefore, that we have to settle for an
24 imperfect justice, one that will put a stop to your reign of
25 terror, that will give you the rest of your life to consider
CATHERINE E. F. BODENE, CSR NO. 6926 (916) 446-1347
22
1 the evil of your actions, and that will permit your victims to
2 go on with their lives as best they can.
3 Thank you.
4 MR. FRECCERO: Your Honor, Dr. David Gelernter could not
5 attend today. He did ask if I would read to the Court a
6 statement on his behalf.
7 THE COURT: Permission is granted.
8 MR. FRECCERO: The statement says:
9 "I'm grateful to the FBI and the prosecutors and will
10 always remember them and be inspired by their dedication.
11 They did their job, but we failed to do ours, we, the American
12 people, and our legal system in this court.
13 When an evil man destroys what is priceless out of the
14 lowest, cheapest, ugliest motives, to get attention, be
15 famous, be a star, and does it in the most cowardly
16 conceivable way, the only decent response is unqualified
17 revulsion.
18 We ought to have said your cowardness and evil shame
19 every human being. We ought to have said it right out with
20 absolute clarity, with no waffling and no equivocation.
21 To make this unequivocal declaration, we ought to have
22 condemned the murderer to death.
23 Imposing a death sentence isn't easy. It never was.
24 And for us today it is especially difficult. Murdering people
25 with bombs is easy, but doing the right and decent thing is
CATHERINE E. F. BODENE, CSR NO. 6926 (916) 446-1347
23
1 usually hard.
2 We ought to have done it anyway, ought to have screwed
3 up our courage and resolution and done it for the good of the
4 country and out of our duty to the three murdered men.
5 We were called upon to speak up loud and clear on the topic of
6 terrorists and murder, but we failed to do it. We
7 took the easy way out.
8 But we've decided to let him live, so let him be our
9 living symbol of cowardice and evil. He gives us a chance to
10 look cowardice and evil in the face, forces us to grasp what
11 is almost ungraspable, that a man exists who has dedicated his
12 life to creating misery, who prides himself on being in the
13 same line of work as plague and cancer, creator of suffering,
14 of widows and orphans and pain and death.
15 Looking at him reminds us that there is nothing easier
16 than creating misery. There is no trick to it. Looking at
17 him reminds us that nothing is easier than to injure or kill a
18 man if you are cowardly enough to hide while you do it. He
19 reminds us that killing is cheap and easy. It's no
20 achievement to create orphans, no big deal to create widows.
21 They are easily created.
22 I hope we always remember the men he murdered and the
23 misery he caused and the happiness he took away. Evil will
24 always exist, but we ought to take this occasion to reaffirm
25 that we will never accept it. We will always fight it.
CATHERINE E. F. BODENE, CSR NO. 6926 (916) 446-1347
24
1 I'm grateful to the man's brother for his heroic
2 decency. I'm especially grateful to the FBI and the
3 prosecutors for their devotion, integrity and moral
4 seriousness, and for attempting to do what was right. And I
5 hope we go on fighting this man and the cowardice, misery and
6 evil he stands for. And God willing, that we beat them
7 somehow in the end."
8 Your Honor, I would introduce Gary Wright who was
9 injured in Salt Lake City in February of 1987.
10 MR. GARY WRIGHT: Your Honor, People of the Court, and
11 Fellow Victims, good morning. It's good to see you.
12 I have waited for over eleven years for this moment. In
13 all that time I've wondered what I would say, and I tried to
14 prepare myself for the barrage of emotions that would overcome
15 me when I was finally able to look in the eyes of the man who
16 tried to kill me, when at last I could try to place some
17 closure on an event that so dramatically changed my life and
18 the lives of the people I love.
19 My name is Gary Wright. I'm the eleventh victim of the
20 Unabomber, who is now known as Theodore Kaczynski.
21 As you look at me today, you do not see the physical
22 wounds that were inflicted as a result of razor sharp pieces
23 of metal and debris that were moving over 20 thousand feet per
24 second.
25 You do not see the trauma, the nerve damage,
CATHERINE E. F. BODENE, CSR NO. 6926 (916) 446-1347
25
1 lacerations, or physical restrictions that were inflicted.
2 And unless you are recipient of one of Mr. Kaczynski's
3 devices, you will never comprehend the hardships of learning
4 to live with permanent physical impairment and the emotional
5 pain associated with these types of injuries.
6 The bomb that I picked up was a carefully disguised
7 handmade weapon of death and destruction that Mr. Kaczynski
8 personally placed at my business with a single intent, to kill
9 whoever happened to be passing by with enough curiosity to
10 stop and pick up an object that through its very nature seemed
11 out of place.
12 The physical injuries that I received were spread across
13 my entire body and are consistent with what you would expect
14 to occur when a bomb explodes.
15 I required three separate surgeries to try and
16 reconstruct nerves and to move tendons in my left arm and
17 hand. I had extensive plastic surgery to my face. And
18 hundreds of metal and wood fragments were moved from areas
19 throughout my body. To this day, I still remove pieces of
20 shrapnel that continue to rise from below the surface of the
21 skin.
22 Some of the life-long side effects caused by my injuries
23 are I have no feeling in the lower left half of my left arm
24 and hand, and permanent nerve and muscle damage prevents
25 lateral motion in my fingers.
CATHERINE E. F. BODENE, CSR NO. 6926 (916) 446-1347
26
1 I cannot feel areas of my lower lip, and I have an
2 extremely painful and constant condition called thoracic
3 outlet syndrome, which is leakage of the electrical impulses
4 from your nerves and the surrounding muscle tissue.
5 For a moment I would like you to set aside the physical
6 injuries and concentrate on an even greater injustice, the
7 emotional and psychological damage that was caused by the
8 terroristic actions of Mr. Kaczynski.
9 Imagine what it is like to constantly wonder what would
10 make a person want to kill you; go to work one day, bend down
11 to pick up a piece of debris, and suddenly think you have been
12 shot; to look down at injuries that shock you beyond belief
13 and wonder what has happened and why; to continually search
14 your memory for any small indiscretion or act that could
15 trigger this kind of anger; to be overwhelmed with the
16 feelings of rage and the heartache of knowing that you will
17 never again be the same as were you before.
18 I lost my innocence to this man, and I fight daily to
19 find the carefree happiness of a child that was so unjustly
20 taken from me.
21 While I do have a faith, he stole my ability to fully
22 trust the people around me, perhaps to make me a little less
23 tolerant and a lot more cynical. When he delivered his reign
24 of terror, Ted inserted his insolence and unhappiness directly
25 into my life and the lives of the people who are dearest to
CATHERINE E. F. BODENE, CSR NO. 6926 (916) 446-1347
27
1 me.
2 Unless you have lived through an incident of this type,
3 you have no idea of the stress that is placed on a
4 relationship, any relationship, be that brother to sister,
5 father to daughter, or above all, husband and wife.
6 The injured person may be concerned with the fact that
7 they have a little less pain today or that a bodily part
8 functions a fraction better than last week, while the loved
9 one is worried about whether they are safe and wonders if this
10 can and will happen again.
11 Communication is severely tested as the constant barrage
12 of the media and the necessity to work with the appropriate
13 agencies begins to wear on you.
14 You can become lonely and short-tempered because there
15 is no way any of us can ever truly understand the very
16 different emotions that each person is feeling. Years later
17 you may begin to realize that you have lived distinctly
18 different experiences.
19 There are many types of victims present in the courtroom
20 today. Webster's Dictionary defines a victim as "Someone or
21 something killed, destroyed, sacrificed, et cetera. One who
22 suffers some loss."
23 With this definition in mind, I want you to realize that
24 there are countless people who are directly and indirectly
25 affected by Ted's actions. Victims like my wife and children,
CATHERINE E. F. BODENE, CSR NO. 6926 (916) 446-1347
28
1 the children of Thomas Mosser, the dreams of John Hauser,
2 David Gelernter and all the others. The entire country, which
3 was held captive wondering when and where he would strike
4 again.
5 And finally, there is another set of victims, the people
6 who are so often forgotten or dismissed altogether. These are
7 the family members of the accused. People like the
8 Kaczynskis, who have endured a living hell, and are no less
9 victims than the rest of us.
10 Realize Mr. Kaczynski has affected hundreds of thousands
11 of people in one way or another, the most directly affected by
12 his actions being the immediate families of the victims who
13 received his deadly devices.
14 As for all of the victims in this case, I hope and pray
15 that they will be able to find comfort and continually seek
16 ways that will allow them to heal.
17 Ted, maybe you did accomplish something. Through your
18 brutality you captured the attention of an entire nation. You
19 spread fear and mayhem into the hearts of innocent people for
20 a cause that only you understand. In any terroristic act, how
21 do you effectively determine the extent of the sacrifice that
22 is necessary in order to satisfy your cause.
23 Was there going to be three people, thirty people, 3000
24 people or more?
25 At what point would it have been to put an exclamation
CATHERINE E. F. BODENE, CSR NO. 6926 (916) 446-1347
29
1 point on the statement you were trying to make?
2 Ted, I do not hate you. I learned to forgive and heal a
3 long time ago. And it's because of this ability that I have
4 found a way to go on and not become kindling to your cause.
5 I would like to publicly thank David Kaczynski, his wife
6 Linda, and his mother for their extraordinary act of courage,
7 and for the way they presented and handled themselves through
8 the entire length of this ordeal.
9 Without their honesty, integrity and ability to do what
10 was right, Ted would still be in a position to kill or maim
11 additional innocent victims. They have been model citizens.
12 When you see them, shake their hand and say thank you. My
13 prayers and the prayers of my family will always be with
14 them.
15 Your Honor, I ask you to do what is in accordance with
16 the law of this land to ensure that Mr. Kaczynski will never
17 be in a position to do harm to himself or others again, and
18 ensure that a message is sent to all who desire to practice
19 terrorism or hate crimes in any form that they will not be
20 tolerated.
21 Make sure that you set a precedence that will provide
22 relief for the victims, all of the victims, not just those of
23 us who have been physically injured, but all who have been
24 unjustly wronged.
25 Thank you.
CATHERINE E. F. BODENE, CSR NO. 6926 (916) 446-1347
30
1 MR. FRECCERO: Your Honor, William Dennison of the
2 California Forestry Association, he was the individual to whom
3 the bomb was addressed that killed Gil Murray in April of
4 1995.
5 THE COURT: Okay.
6 MR. WILLIAM DENNISON:
7 Your Honor and People of the Court, I would like to make
8 a short statement and then a combined statement for CFA staff,
9 if I may, please?
10 THE COURT: Permission granted.
11 MR. WILLIAM DENNISON: I might add, I've lost any
12 composure I thought I might have had coming into this based on
13 what I heard from the witness just previously, and I thank
14 you for what you said. I agree with everything that you have
15 said.
16 At the same time, I have watched you, Ted Kaczynski.
17 You're not remorseful. And for that I'm sorry. I'm sorry for
18 you. And I'm sorry for the other victims that you've shown no
19 remorse.
20 You deserve a greater punishment than you are going to
21 be given. To be put into a ten foot by twelve room without
22 visitors is no punishment for you. That was your chosen
23 lifestyle. The greatest punishment that you could have, and
24 that I would wish for you personally, is to be put away and
25 never heard or seen again ever.
CATHERINE E. F. BODENE, CSR NO. 6926 (916) 446-1347
31
1 This statement is made on behalf of myself, William M.
2 Dennison, past President of California Forestry Association
3 and the CFA, California Forestry Association, staff who worked
4 for Gil Murray at the time of his death.
5 Your Honor, we appreciate the opportunity to be before
6 the court today. Our presentation is not intended to
7 influence the sentencing decision, but rather to emphasize an
8 important part of the case that first became evident in the
9 guilty plea.
10 We come before you as a means of presenting our views
11 and concerns to the court and to others who may be able to
12 assist in minimizing future terrorism because we believe that
13 there is a tie between Kaczynski's last two bombings and those
14 actions of existing eco-terrorists which threaten families,
15 businesses, communities and even threaten our nation.
16 We submit to you that although Kaczynski's early actions
17 to maim and kill may have been attributed to his
18 anti-technology philosophy, he ended his era of terrorism as
19 an eco-terrorist by murdering Gil Murray and Thomas Mosser.
20 Since April of 1995, when CFA President, husband,
21 father, brother, and friend Gilbert Murray was murdered, we
22 have been searching for answers to such questions as why would
23 someone send a bomb to our office? Since the package was
24 addressed to me, my questions were even more personal. But
25 why would someone send a bomb into an office where anyone or
CATHERINE E. F. BODENE, CSR NO. 6926 (916) 446-1347
32
1 everyone could be killed?
2 Those who are surviving victims, their families and the
3 families of those three who were killed by Ted Kaczynski may
4 never know why we were the chosen target. His diaries have
5 displayed Kaczynski's desire to kill a scientist, to kill a
6 computer expert, a government official, and to kill a business
7 big shot.
8 He had written in one of his journals that "Revenge
9 attempts have been gobbling up much of my time, impeding other
10 work." "But, I must succeed, I must get revenge," he said.
11 He had to get revenge against someone. He had to find someone
12 to blame for his belief that the industrial revolution and its
13 consequences have been a disaster for the human race. He
14 bemoaned the fact that science had greatly increased the life
15 expectancy, that life had been rendered "unfulfilling" and
16 that the result has been, and I quote, "severe damage on the
17 natural world." This theme closely parallels that of
18 eco-terrorists.
19 His solution was not to conduct a political revolution
20 to overthrow the government, but the total disruption of,
21 quote, ". . . the economic and technological basis of the
22 present society." This is also the main thrust of
23 eco-terrorism.
24 In his book, Eco-terrorism - The Violent Agenda To Save
25 Nature, Ron Arnold states, and I quote, "My point is always
CATHERINE E. F. BODENE, CSR NO. 6926 (916) 446-1347
33
1 the same. This is not to blame radical environmentalists as a
2 whole for the Unabomber. This is to show that the apocalyptic
3 beliefs shared by the Unabomber and radical environmentalists
4 can be used to justify desperate acts by anyone -- the
5 preaching of hate for industrial civilization is an incitement
6 to violence."
7 Ron Arnold goes on to say, and I quote again, "This is
8 to declare that radical environmentalists have a First
9 Amendment right to their extreme rhetoric, no matter how
10 reprehensible, no matter who may use it to kill or maim or
11 coerce or intimidate."
12 "But the public has a similar right," he says, "to
13 scrutinize every word they say for its influence on criminal
14 behavior." "And a right to prosecute every desperate act that
15 flows from their extreme rhetoric and apocalyptic beliefs."
16 We add today that law enforcement agencies have the
17 obligation also to scrutinize every word of these groups and
18 to prosecute every desperate act that flows from their extreme
19 rhetoric as well.
20 I believe that my name on Kaczynski's experimental bomb
21 Number 245 was symbolic. The bomb was meant for anyone and
22 everyone who believes in free enterprise and technological
23 progress.
24 Ted Kaczynski, thankfully, will be locked up and away
25 for the rest of his years on this earth. However, even though
CATHERINE E. F. BODENE, CSR NO. 6926 (916) 446-1347
34
1 he may be totally responsible for the bombs and killings,
2 there are reasons to believe he was influenced by radical
3 environmental organizations. Kaczynski's boasting to Earth
4 First of the maiming of individuals and the killing of
5 Gil Murray is an example, and I quote what he said to them:
6 "This is a message from FC. The FBI calls us Unabom.
7 We are the people who recently assassinated the president of
8 the California Forestry Association."
9 Prior to that, following the killing of Thomas Mosser,
10 he wrote to Earth First again and said:
11 "As for the Mosser bombing . . . our attention was
12 called to Burson-Marsteller by an article that appeared in
13 Earth First."
14 It's now known that the evidence found by the
15 government -- was found by the government that Ted Kaczynski
16 attempted to communicate with radical environmental groups to
17 use them in support of his murderous activities. The
18 following evidence was presented by the prosecution, and from
19 that I quote:
20 "Furthermore, during the search of the defendant's
21 cabin, the government found a letter written to Earth
22 First!ers. Its title was 'Suggestions for Earth First!ers
23 from FC.'"
24 Brent Smith, Associate Professor of Criminal Justice and
25 Sociology in the Department of Criminal Justice at the
CATHERINE E. F. BODENE, CSR NO. 6926 (916) 446-1347
35
1 University of Alabama states on page 27 and 129 in his 1994
2 book Terrorism In America, and I quote:
3 "Environmental extremism may become common fixture in
4 American Terrorism during the next decade." "Until law
5 enforcement agencies develop the necessary information to
6 combat this type of terrorism, environmental terrorists may
7 contribute a unique brand of violent extremism well into the
8 21st century."
9 We know that Ted Kaczynski killed three men and injured
10 23 others. I can tell you, Kaczynski, that you maimed the
11 hearts and souls of many others. If that was your intent, you
12 accomplished that. And again, I'm sorry for you.
13 The capture of Ted Kaczynski was a miracle that may not
14 have happened except for the publication of Kaczynski's
15 manifesto and the subsequent intervention of his brother. We
16 are thankful and appreciative to David Kaczynski.
17 However, the FBI and this court must not turn their
18 backs on the facts that still exist. There are groups today
19 who still espouse the beliefs of Ted Kaczynski.
20 As an example, David Barbarash and Darren Thurston were
21 charged in March 1988 in Vancouver, British Columbia, of 27
22 counts of mailing an explosive or object with intent to do
23 bodily harm. While in an Edmonton jail waiting a hearing on
24 an earlier conviction of vandalizing a university animal
25 laboratory, Barbarash wrote articles for the Earth First!
CATHERINE E. F. BODENE, CSR NO. 6926 (916) 446-1347
36
1 Journal. In one he urged fellow eco-terrorists, and I quote:
2 "Be tribal. Go for the jugular."
3 We don't know how many others like Barbarash and
4 Thurston have adopted Kaczynski's views. It's crucial,
5 though, that the public understand how these views can lead to
6 crimes, such as those of Barbarash and Thurston. Therefore,
7 we believe that it is essential that all the materials found
8 in Kaczynski's cabin be made public.
9 We believe this is important, Your Honor, that
10 understanding the connection between his philosophy and his
11 activities may help many thousands of others guard against
12 similar crimes that may be directed at them.
13 Therefore, I respectfully urge the court, Your Honor, to
14 open all the Kaczynski materials, including the decoded
15 journals, to public scrutiny in the expectation that valuable
16 public safety information may be obtained and used to save
17 many lives. Academician analysts will certainly be able to
18 draw a more accurate picture of the mind of a killer and the
19 connections to eco-terrorism if the original materials are in
20 their hands.
21 In closing, Your Honor, I again wish to thank the court,
22 the prosecution, the FBI, for the part each has played in
23 bringing closure to this case which has had an ever lasting
24 impact on our lives and that of many, many others.
25 There is an overriding need for continued vigilance also
CATHERINE E. F. BODENE, CSR NO. 6926 (916) 446-1347
37
1 against crimes committed by those other than Ted Kaczynski,
2 and we thank you.
3 MR. FRECCERO: Your Honor, Nicklaus Suino, who was
4 injured in November of 1985.
5 MR. NICKLAUS SUINO: Thank you for this opportunity,
6 Your Honor.
7 THE COURT: You're welcome.
8 MR. NICKLAUS SUINO: My name is Nicklaus Suino, and I
9 was in Ann Arbor, Michigan in 1985. I opened a package that
10 was addressed to Dr. James McConnell. Dr. McConnell passed
11 away a few years ago, otherwise I expect he would be here.
12 Following up all these great people is going to be
13 difficult, but I'm going to say a few things about my own
14 injuries and then urge you to take a course of action that may
15 be difficult.
16 Among the select group of people in this room, those who
17 have opened explosives sent by Mr. Kaczynski, I was relatively
18 lucky. Others have lost fingers, limbs or even lives, while I
19 received only minor injuries.
20 On my left arm and my belly I was cut in many small
21 places. I was bruised and burned. I have since healed.
22 Because of the loud sound of the explosion inside the
23 house, I lost my hearing almost totally that day. I had some
24 degree of difficulty hearing for about three months, with odd
25 sounds and vibrations in my ears from time to time until my
CATHERINE E. F. BODENE, CSR NO. 6926 (916) 446-1347
38
1 hearing returned to normal.
2 The single most unpleasant part of the whole experience
3 for me was having my eyes washed out at the hospital. I was
4 told that I had gun powder and paper particles in my eyes, and
5 they needed to be cleaned out.
6 A nurse washed them out with saline. The process
7 consisted of me lying on my back with my head resting over the
8 edge of the hospital sink. A long plastic tube ran down from
9 a bag of saline solution which was suspended from a hook above
10 me.
11 The nurse held the eyelids of one eye open with one hand
12 while she ran the saline down into my eye with the other. And
13 an entire bag of saline was used in each eye. That was one of
14 the most unpleasant experiences I have ever experienced.
15 But my emotional injuries have taken a little longer to
16 heal. Of course I developed a fear of opening packages.
17 Strongest triggers of that fear were packages that were
18 roughly the same size, shape and color as the one from the
19 Unabomber. But any package made me nervous.
20 I would never have opened a package that was unexpected,
21 and even today, I won't open a package unless I know who it is
22 from.
23 Loud noises and camera flashes bothered me for a couple
24 of years after the incident, but that reaction gradually
25 faded.
CATHERINE E. F. BODENE, CSR NO. 6926 (916) 446-1347
39
1 I am probably no more shocked by loud noises than I was
2 before opening Mr. Kaczynski's device.
3 The long-term effects of opening a package bomb have
4 been noticeable. Believe me, I wouldn't attempt to compare my
5 own situation with that of those victims who were severely
6 injured. I know I'm much better off.
7 Still it was probably the first time in my life I
8 realized I could die at any time. Of course, I knew it
9 intellectually before that, but to really feel it emotionally
10 at age 25 is quite a shock.
11 I'm less trusting now, especially of strangers. My
12 opinion about people now is there are some out there who
13 really aren't good people, who will hurt you if they are given
14 the chance.
15 Maybe that's realistic, not suspicious. But I didn't
16 come around to that view until I was forced to by being one
17 victim of a terrorist attack.
18 Theodore John Kaczynski has admitted on paper to being
19 the Unabomber. In his plea agreement with the U.S.
20 Government, he admitted to each incident. Some of his spots
21 and plans are contained in the settlement documents. There is
22 no doubt in my mind that he's the man who sent the package I
23 opened in 1985.
24 He will pay society for his crimes by spending the rest
25 of his life in jail. Some people have asked me if I hoped for
CATHERINE E. F. BODENE, CSR NO. 6926 (916) 446-1347
40
1 the death penalty. My answer is this: If there was ever a
2 model candidate for the death penalty, Mr. Kaczynski is that
3 candidate. He committed multiple, ruthless crimes. He showed
4 cowardice, cunning and disregard for human life. I would have
5 shed not a single tear had he been executed.
6 However, the most important goal for me in seeing him
7 prosecuted was to ensure that he is unable to send his
8 dangerous packages to anyone else. That goal has been
9 accomplished.
10 I'm sure those who have lost a loved one or lost
11 significant use of their bodies have stronger feelings than I
12 do. For myself, considering this matter from a personal
13 viewpoint, I don't wish him dead.
14 I'm not really sure if he understands the nature and
15 gravity of his crimes, or relates them to his punishment in
16 the way you or I would do. And truthfully, wishing somebody
17 dead, however evil they may be, is not an easy thing.
18 In fact, I feel sorry for him. Imagine being as
19 isolated from the rest of the human race as he is. What could
20 go so wrong it would make a person lash out randomly sending
21 explosives to people he's never met.
22 How lonely he must have been then, and how lonely he
23 must be now having no friends, living with a hatred for
24 society so deep that he is driven to kill.
25 Imagine being so despicable that your own brother feels
CATHERINE E. F. BODENE, CSR NO. 6926 (916) 446-1347
41
1 morally bound to turn you in to the police. Imagine living in
2 the squalor this man lived in in his little cabin in the
3 woods.
4 He has nobody and nothing now except his writing, which
5 is fairly well tailored, but empty of any real meaning, human
6 emotion or warmth.
7 He has actually become the very thing he once seemed to
8 fear. Not a victim of progress, but an empty machine, devoid
9 of conscience, like the specter of scientific progress
10 itself.
11 Truly Mr. Kaczynski writes not about us, not about the
12 world, but about himself. He must be in a living hell already
13 so the fact that the justice system didn't send him there
14 early bothers me not at all.
15 Finally, this is what I have to say to my friends in
16 this room and everybody listening all over the world.
17 I would like to say to you that revenge is an illusion.
18 It's an empty feeling, a dark flame that gross and consumes
19 you. And it can replace all that is good and worthy within
20 you. When you finally hold it in your hand, you hold nothing
21 but the sorrowful event that caused you to be angry in the
22 first place. The time you lose chasing your own anger can
23 never be replaced.
24 Please, don't let yourself become a victim. Life is a
25 struggle. But in order to excel, in order to go on, you have
CATHERINE E. F. BODENE, CSR NO. 6926 (916) 446-1347
42
1 to do more than merely play the hand you're dealt. You have
2 to strive to make the most out of every day.
3 Put revenge behind you and embrace the good richness of
4 life. When evil rears its head, immerse yourself in the joy
5 of living. If you are a carpenter, build. If you are a
6 fisherman, fish. If are you a parent, raise your children.
7 Our role here is not to dwell on evil, but to strive
8 toward becoming better people. The keys to enlightenment are
9 found in every day living. Mastery of the little things
10 brings knowledge, then wisdom, and then finally joy.
11 There is no time for us to go on hating Mr. Kaczynski.
12 Don't join him in that prison cell. Set him down. Leave him
13 in there to live out his days in whatever fashion he can.
14 You and I, we have more important things to do. When we
15 leave here today, we can go out of here and live.
16 Thank you.
17 Thank you, Your Honor.
18 THE COURT: You're welcome.
19 MR. FRECCERO: Your Honor, I believe that is all --
20 those are all the individuals who had expressed an intention
21 to address the court.
22 THE COURT: If there is another victim of the offenses
23 present who wishes to make a statement or otherwise address
24 the court, please indicate that by raising your hand.
25 (Brief pause.)
CATHERINE E. F. BODENE, CSR NO. 6926 (916) 446-1347
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1 Let the record reflect there is no response.
2 Is the question of sentencing submitted for my
3 determination?
4 MR. DENVIR: Yes, Your Honor.
5 MR. FRECCERO: Yes, Your Honor.
6 THE COURT: It is the judgment of the Court that the
7 defendant, Theodore John Kaczynski, shall be imprisoned for
8 crimes he committed and which were charged in Sacramento
9 Criminal Action Number S-96-259, hereinafter referred to as
10 the Sacramento Action, and in New Jersey Criminal Action, now
11 in this district, as Criminal Action Number S-98-21,
12 hereinafter referred to as the New Jersey Action.
13 The defendant is hereby committed to the custody of the
14 Attorney General of the United States or her authorized
15 representative for imprisonment on Count One of the Sacramento
16 Action for a maximum prison term of life under the provisions
17 of Title 18, United States Code Section 4205(a).
18 Further, pursuant to the Sentencing Reform Act of 1984,
19 the defendant is also hereby committed to the custody of the
20 Bureau of Prisons for the service of four additional life
21 terms on Counts Eight and Nine of the Sacramento Action and
22 Counts One and Two of the New Jersey Action. These four life
23 sentences shall run concurrently with each other and with the
24 life term imposed for Count One of the Sacramento Action.
25 In addition, the defendant is committed to four 20-year
CATHERINE E. F. BODENE, CSR NO. 6926 (916) 446-1347
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1 prison terms on Counts Two, Three, Five and Six of the
2 Sacramento Action. These 20-year sentences shall be served
3 concurrently with each other and with the life sentences
4 imposed to this point.
5 Moreover, pursuant to Title 18, United States Code
6 Section 924(c), the defendant is sentenced to one 30-year
7 prison term on Count Four of the Sacramento Action, which
8 shall be served consecutively to all sentences previously
9 imposed. The defendant is additionally sentenced to three
10 consecutive life prison terms on Counts Seven and Ten of the
11 Sacramento Action, and Count Three of the New Jersey Action.
12 Therefore, the defendant is sentenced to a total term of
13 imprisonment for life, plus -- excuse me -- plus 30 years to
14 run consecutively, and three life terms to run consecutively
15 with all other sentences and with each other.
16 The defendant shall pay a special assessment of $650. I
17 find the defendant is without the ability to pay a fine in
18 addition to the restitution that will be required, therefore
19 the requirement to pay a fine is waived.
20 Pursuant to Title 18, United States Code Section 3681,
21 and in accordance with the Plea Agreement, it is ordered that
22 the defendant shall forfeit all or any part of proceeds
23 received or to be received by him, or a transferee of his,
24 from a contract relating to a depiction of his crimes in a
25 movie, book, newspaper, magazine, radio or television
CATHERINE E. F. BODENE, CSR NO. 6926 (916) 446-1347
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1 production, or live entertainment of any kind, of an
2 expression of his thoughts, opinions, or emotions regarding
3 such crimes. The person with whom the defendant may contract
4 shall pay to the Attorney General of the United States any
5 proceeds due the defendant under such contract.
6 Pursuant to the recommendation of the Probation Office
7 on page 52 of the Guideline Presentence Report, defendant is
8 hereby ordered to pay restitution owed to the listed victims
9 in the amount of fifteen million and twenty-six thousand
10 dollars.
11 A term of supervised release is not ordered since the
12 sentence imposed will not allow for release at any time.
13 Is there any further thing to cover by any party before
14 I address your dispute on the recommendations and I confine
15 the defendant?
16 MR. FRECCERO: None from the government.
17 MS. CLARKE: Just one moment.
18 THE COURT: Okay.
19 (Brief pause while counsel confer with Defendant
20 Kaczynski.)
21 MR. DENVIR: We have nothing further at this point. You
22 had something you said you did want to deal with at this
23 point.
24 THE COURT: When you say you have nothing to cover at
25 this point, does that indicate that you have something that
CATHERINE E. F. BODENE, CSR NO. 6926 (916) 446-1347
46
1 you are waiting to tell me?
2 MR. DENVIR: I don't know if you -- We have already
3 indicated, Your Honor, we would like a recommendation as to
4 placement. I believe that's covered in the Presentence
5 Report. I didn't know if the Court was going to deal with
6 that or not.
7 THE COURT: I am going to deal with that.
8 Do you want to be heard on that, or is that question
9 submitted?
10 MR. DENVIR: We'll submit it, Your Honor.
11 The reason for placement would be so that there would be
12 some access for Mr. Kaczynski to see people he knows and
13 people who worked on this case. So we're asking for those
14 placements.
15 Submit it on that.
16 MR. FRECCERO: Government would submit it, Your Honor.
17 THE COURT: All right. And I assume that once I resolve
18 the question as to where he will be placed and the other
19 dispute concerning the recommendations you have asked me to
20 make to the Bureau of Prisons, that there is nothing further
21 to cover and I can end the proceeding; is that correct?
22 MR. DENVIR: Your Honor, my understanding, the only
23 matter open was the question of the recommendation as to
24 placement. I didn't know there was another recommendation
25 that was before you.
CATHERINE E. F. BODENE, CSR NO. 6926 (916) 446-1347
47
1 THE COURT: The government's sentencing memorandum
2 actually has a two-fold type of a recommendation, at least I
3 read it as a two-fold type recommendation.
4 They asked that I recommend that the defendant be placed
5 -- Perhaps the government should state it because I don't have
6 my note on that precise recommendation.
7 MR. FRECCERO: Yes, Your Honor.
8 We are requesting that the Court make a recommendation
9 to the Bureau of Prisons that Mr. Kaczynski be incarcerated in
10 a maximum-security facility so that he can be closely
11 monitored during the term of his imprisonment.
12 THE COURT: That's the recommendation I assumed was a
13 two-fold type of a recommendation, or it's actually two
14 recommendations in one.
15 Does he have to only be placed in such a facility to
16 have his activity monitored. The monitoring activity, I
17 thought, could occur in any federal institution.
18 MR. FRECCERO: Your Honor, the government -- the
19 government is not asking this Court to make any
20 recommendations concerning the monitoring of communications.
21 It is our understanding that the BOP will accept any
22 communication directly from the United States, and we intend
23 to do that, to ask that his communications be monitored
24 consistent with Federal Guidelines, with the CFR's on that.
25 THE COURT: All right.
CATHERINE E. F. BODENE, CSR NO. 6926 (916) 446-1347
48
1 I typically make recommendations in criminal cases when
2 there is no dispute, when I think my recommendation will be
3 helpful to the Bureau of Prisons so far as its placement and
4 determination is concerned.
5 Here there is a dispute, and I question whether my
6 recommendation could be of assistance to the Bureau of
7 Prisons. I know that pursuant to the parties stipulation,
8 which may not be public at this point, but soon will be, that
9 the parties agreed that probation could release the
10 Presentence Report to the Bureau of Prisons sometime around
11 April 17, 1998. And I assume that the stipulation was reached
12 in order to allow the Bureau of Prisons time to expedite the
13 placement process.
14 If I make a recommendation, then it seems to me that
15 it's possible that the placement process could be delayed
16 while the Bureau of Prisons considers my recommendation under
17 Federal Law, specifically Title 18, United States Code Section
18 3621(b)(4)(B).
19 Further, in light of the Bureau of Prisons' expertise on
20 prison affairs, the amount of time it has had to analyze the
21 placement issue, and the fact that the Bureau of Prisons has
22 unique access to information from the psychiatrist who
23 performed the competence examination in this case, I think it
24 has received or has available special insight to guide its
25 placement decision in this case.
CATHERINE E. F. BODENE, CSR NO. 6926 (916) 446-1347
49
1 For all of these reasons, I decline to make a placement
2 recommendation. I think it's unnecessary.
3 However, Title 18, United States Code Section
4 3621(b)(4)(A) reveals that when the Bureau of Prisons has
5 determined a suitable placement, it still considers -- I'm now
6 quoting from the section -- "any statement by the court that
7 imposed sentence concerning the purposes for which the
8 sentence to prison was determined."
9 In light of that statutory provision and in the event
10 such a statement could assist the Bureau of Prisons in
11 discharging its oversight functions and placement decision it
12 may have already made, I make the following statement:
13 Many victims and their family members suffered
14 overwhelming losses at the hands of the defendant's bombing
15 activities. The defendant committed unspeakable and monstrous
16 crimes for which he shows utterly no remorse. Therefore, I
17 believe if he had the opportunity, he would use his
18 resourcefullness to repeat such acts. His crimes were vicious
19 acts of terrorism that wreaked havoc and brought grief into
20 the lives of many innocent people, tragically ending the lives
21 of three and permanently scarring the lives of many others.
22 Because of the callous nature of his crimes, the defendant
23 presents a grave danger to society and should be incarcerated
24 in a prison facility where he can be closely monitored to
25 prevent any future acts of violence or intimidation.
CATHERINE E. F. BODENE, CSR NO. 6926 (916) 446-1347
50
1 Undoubtedly, he deserves the life sentence imposed.
2 Therefore, the defendant is remanded to the custody of
3 the United States Marshal for the purpose of his ultimate
4 delivery to the Bureau of Prisons, the entity that will decide
5 where he shall serve the sentence imposed.
6 The matter is adjourned.
7 (Off the record at 10:30 a.m.)
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CATHERINE E. F. BODENE, CSR NO. 6926 (916) 446-1347
THE UNITED STATES DISTRICT COURT
THE EASTERN DISTRICT OF CALIFORNIA
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BEFORE THE HONORABLE GARLAND E. BURRELL, JR., JUDGE
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UNITED STATES OF AMERICA, )
)
Plaintiff, )
)
vs. ) No. Cr. S-96-259 GEB
)
THEODORE JOHN KACZYNSKI, )
)
Defendant. )
______________________________)
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REPORTER'S TRANSCRIPT
RE: SENTENCING
MONDAY, MAY 4TH, 1998
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Reported by: CATHERINE E.F. BODENE, CSR No. 6926
A P P E A R A N C E S
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For Plaintiff UNITED STATES OF AMERICA:
OFFICE OF THE U.S. ATTORNEY
650 Capitol Mall
Sacramento, CA 95814
BY: ROBERT J. CLEARY
STEPHEN P. FRECCERO
R. STEVEN LAPHAM
J. DOUGLAS WILSON
BERNARD HUBLEY,
Special Attorneys to the
United States Attorney General
For the Defendant:
OFFICE OF THE FEDERAL DEFENDER
801 "K" Street, Suite 1024
Sacramento, CA 95814
By: QUIN A. DENVIR
Federal Defender, Eastern District of California
JUDY CLARKE
Executive Director, Federal Defenders of Eastern
Washington and Idaho
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