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Intelligence

DATE=01/16/98
      TYPE=U-S OPINION ROUNDUP
    NUMBER=6-10537
     TITLE=THE COMPLICATED UNABOMBER TRIAL
    BYLINE=ANDREW N. GUTHRIE
 TELEPHONE=619-3335
  DATELINE=WASHINGTON
CONTENT=
INTRO:  THE TRIAL OF THE MAN ACCUSED OF BEING THE UNABOMBER, A 
PERSON WHO DURING AT LEAST TWO DECADES SENT MORE THAN A DOZEN 
BOMBS THROUGH THE MAIL, KILLING THREE PEOPLE AND INJURING MANY 
OTHERS, IS BECOMING ONE OF THE MOST COMPLICATED PROCEEDINGS IN 
JUDICIAL HISTORY.
THE TWISTS AND TURNS OF THE CASE HAVE ELICITED A GOOD DEAL OF 
COMMENT IN THE NATION'S PRESS AND WE ARE JOINED NOW BY 
_______________ WHO HAS A SAMPLING IN TODAY'S U-S OPINION 
ROUNDUP. 
TEXT:  THEODORE KACZYNSKI IS A FORMER MATHEMATICS PROFESSOR AND 
STAR STUDENT AT THE UNIVERSITY OF CALIFORNIA, BERKELEY, WHO 
BECAME INCREASINGLY ISOLATED FROM SOCIETY.  FOR MORE THAN 20 
YEARS, HE LIVED IN A REMOTE CABIN IN THE MONTANA WILDERNESS.  
FROM THERE, FEDERAL PROSECUTORS SAY, HE MAILED PACKAGES 
CONTAINING BOMBS TO VARIOUS PEOPLE IN ANEFFORT TO RETARD THE 
NATION'S TECHNOLOGICAL REVOLUTION. 
HE WAS FINALLY CAUGHT AFTER HE SENT A LONG, RAMBLING STATEMENT OF
HIS PHILOSOPHY TO TWO OF THE NATION'S LEADING NEWSPAPERS, "THE 
WASHINGTON POST" AND "THE NEW YORK TIMES," WHICH PRINTED IT AFTER
A PLEA FROM THE FEDERAL BUREAU OF INVESTIGATION.  MR. KACZYNSKI'S
BROTHER RECOGNIZED THE WRITING STYLE AND SOME OF THE THOUGHT AND 
REPORTED HIS BROTHER TO THE AUTHORITIES.
SUBSEQUENTLY, MR. KACZYNSKI'S LAWYERS TRIED TO HAVE THE 
GOVERNMENT ACCEPT A GUILTY PLEA FROM THEIR CLIENT, SO THAT HE 
COULD SPENT THE REST OF HIS LIFE IN PRISON RATHER THAN FACE A 
DEATH SENTENCE BUT THE GOVERNMENT DECLINED.  THEN MR. KACZYNSKI 
TOLD THE JUDGE HE WANTED TO FIRE HIS LAWYERS, AND REPRESENT 
HIMSELF, AND HE RELUCTANTLY AGREED TO PSYCHIATRIC TESTS TO 
DETERMINE HIS MENTAL COMPETENCE TO STAND TRIAL.
WITH THE TRIAL ON HOLD WHILE THE TEST RESULTS ARE ANALYZED, WE 
BEGIN WITH A SAMPLING OF OPINION ON THE CASE SO FAR FROM "THE 
[CLEVELAND, OHIO] PLAIN DEALER." 
VOICE:   HOW THE JUSTICE SYSTEM DEALS WITH MENTALLY ILL 
         DEFENDANTS IS TROUBLING ENOUGH, BOTH TO PEOPLE WHO THINK
         IT'S TOO TOUGH AND THOSE WHO THINK IT'S TOO LENIENT.  
         HOW, THEN, SHOULD THE SYSTEM DEAL WITH A DEFENDANT WHO 
         IS MANIFESTLY WEIRD IN LAY TERMS BUT PERSISTS IN A 
         CERTAIN LOGIC --  WHO RESISTS AN INSANITY DEFENSE THAT 
         COULD SAVE HIS LIFE AND ACCEPTS PSYCHIATRIC EVALUATION 
         ONLY, APPARENTLY, TO DERAIL THAT DEFENSE?  ASSUMING HE 
         FOLLOWS THROUGH ON THE EVALUATION TO WHICH HE AGREED 
         THURSDAY, WHO CAN ASSUME IT WILL RESOLVE ALL 
         DIFFICULTIES?  ..... BESIDES, PROSECUTORS OWE [MUST DEAL
         FAIRLY WITH MR.] KACZYNSKI'S BROTHER, WHO LED 
         AUTHORITIES TO HIM IN AT LEAST THE HOPE, AND MAYBE THE 
         EXPECTATION, THAT THEY WOULD NOT SEEK THE DEATH PENALTY.
         THEIR RENEGING COULD DISCOURAGE OTHERS FROM TURNING IN 
         CRIMINALS. 
TEXT:  IN FLORIDA, "THE MIAMI HERALD" WORRIES THAT WITH ALL THE 
TWISTS AND TURNS THIS TRIAL HAS ALREADY TAKEN, IT WILL BECOME 
MORE OF A SPECTACLE THAN A SERIOUS COURT PROCEEDING.
VOICE:   THE FEDERAL-COURT TRIAL OF ACCUSED UNABOMBER THEODORE 
         KACZYNSKI RAISES ISSUES AS NEW AS TOMORROW'S TECHNOLOGY 
         --  AND AS OLD AS THE M'NAGHTEN RULE.  THAT'S A LEGAL 
         DOCTRINE DATING FROM 1843 BUT STILL WIDELY USED IN COURT
         TO DETERMINE WHETHER A DEFENDANT IS MENTALLY FIT TO 
         STAND TRIAL.  AS [THE RULE IS SUMMARIZED] ....'AN 
         ACCUSED IS NOT CRIMINALLY RESPONSIBLE IF, AT THE TIME OF
         COMMITTING THE ACT, HE WAS LABORING UNDER SUCH A DEFECT 
         OF REASON FROM DISEASE OF THE MIND AS NOT TO KNOW THE 
         NATURE AND QUALITY OF THE ACT HE WAS DOING, OR, IF HE 
         DID KNOW IT, THAT HE DID NOT KNOW HE WAS DOING WHAT WAS 
         WRONG.'  THE WORDING MAY SOUND QUAINT TODAY, BUT 
         M'NAGHTEN AND SIMILAR TESTS ARE STILL IN USE FOR GOOD 
         REASON: THEY PROVIDE A REASONABLE WAY TO SORT AMONG 
         PERSONS WHO TRULY ARE NOT RESPONSIBLE FOR THEIR CONDUCT 
         AND THOSE WHO ARE. .... IS MR. KACZYNSKI ECCENTRIC?  NO 
         DOUBT.  MENTALLY ILL?  QUITE LIKELY.  LEGALLY SANE?  BY 
         [THE] M'NAGHTEN, [RULE] YES.  MOREOVER, HE'S ALSO AWARE 
         ENOUGH TO KNOW THAT FEIGNING INSANITY MIGHT SAVE HIS 
         LIFE  - -  **AND** [ITALICS FOR EMPHASIS] TO FEAR THAT 
         IT WILL DISCREDIT HIS IDEAS.
TEXT:    "THE NEW YORK POST" AGREES WITH "THE HERALD" THAT HE IS 
         SANE ENOUGH TO STAND TRIAL. 
VOICE:   .... BASED ON AN EXAMINATION OF HIS WRITINGS AND HIS ** 
         MODUS OPERANDI**, [ITALICS FOR LATIN WORDS] WE AGREE 
         WITH HIM.  [MR.] KACZYNSKI ISN'T INSANE.  HE'S EVIL.  
         THAT VITAL DISTINCTION IS IN DANGER OF BEING MUDDIED BY 
         THE SENTIMENTALITY OF THE THERAPEUTIC CULTURE.  ..... 
         HIS BEHAVIOR BEFORE AND AFTER HIS CAPTURE BELIES THE 
         IDEA THAT HE IS 
INCAPABLE OF UNDERSTANDING THE LOGIC AND CONSEQUENCES OF HIS 
ACTIONS.
TEXT:  "NEWSDAY" IS DISGUSTED, AND WONDERS WHY THE FEDERAL 
GOVERNMENT, IS PUSHING FOR A TRIAL SO IT CAN PUT THIS MAN TO 
DEATH, RATHER THAN PUT HIM IN PRISON FOR LIFE, AS HE LAWYERS 
WANTED, AND SAVE THE MONEY OF A LENGTHY TRIAL.
VOICE:   IS JUSTICE SERVED BY GOING THROUGH WITH A TRIAL SIMPLY 
         TO PRESERVE THE POSSIBILITY OF EXECUTING THIS DEFENDANT 
         IF A JURY FINDS HIM GUILTY?  NO WAY.  MUCH BETTER FOR 
         THE PROSECUTION TO ACCEPT A GUILTY PLEA THAT WOULD CARRY
         A CERTAIN SENTENCE OF LIFE WITHOUT PAROLE. 
TEXT:  LASTLY, IN CALIFORNIA, "THE LOS ANGELES TIMES" WORRIES HOW
THIS VERY COMPLICATED ISSUE OF A DEFENDANT'S SANITY IS BEING 
RESOLVED, NOT ONLY IN THIS CASE, BUT IN OTHERS.
VOICE:   .... IN PRETRIAL MANEUVERINGS, [MR.] KACZYNSKI HAS 
         FOUGHT ANY SUGGESTION THAT HE HAS MENTAL PROBLEMS.  HE 
         NOW INSISTS THAT HE IS SUFFICIENTLY COMPETENT TO HANDLE 
         HIS OWN DEFENSE, WITHOUT THE HELP OF PROFESSIONAL 
         COUNSEL.  HIS LAWYERS,  WITH WHOM HE HAS STRONGLY 
         DISAGREED, HAD BEEN PREPARED TO PUT ON A DEFENSE THAT 
         THEIR CLIENT SUFFERS PARANOID SCHIZOPHRENIA.  ..... 
         THERE ARE UNCOMFORTABLE ECHOES OF THE TRIAL OF COLIN 
         FERGUSON, [A JAMAICAN IMMIGRANT] WHO DEFENDED HIMSELF IN
         THE FATAL SHOOTING OF SIX PEOPLE ON THE LONG ISLAND RAIL
         ROAD.  HE FLOODED THE COURT WITH NONSENSICAL ARGUMENTS 
         ..... HE WAS CONVICTED AFTER A TRIAL THAT WAS CALLED 'A 
         THEATER OF THE MENTALLY ILL' BY ONE OF THE LAWYERS WHOM 
         FERGUSON FIRED. JUDY CLARKE, ONE OF [MR.] KACZYNSKI'S 
         LAWYERS, SAID A MENTAL ILLNESS DEFENSE IS A 'SITUATION 
         IN WHICH HE SIMPLY CANNOT ENDURE.'  PERHAPS, BUT IF THIS
         LONG DRAMA WERE TO END IN FARCE WITH THE COURTROOM 
         RAVINGS OF AN UNBALANCED DEFENDANT, THE CHARACTER OF 
         JUSTICE WOULD NOT BE SERVED. 
TEXT:  ON THAT NOTE, WE CONCLUDE THIS BRIEF SAMPLING OF EDITORIAL
COMMENT ON THE BIZARRE TRIAL, THUS FAR, OF THE MAN ACCUSED OF 
BEING ONE OF THE NATION'S MOST DANGEROUS SERIAL MAIL BOMBERS.
NEB/ANG/KL      
16-Jan-98 3:19 PM EST (2019 UTC)
NNNN
Source: Voice of America



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