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Intelligence

DATE=1/14/98
TYPE=BACKGROUND REPORT
NUMBER=5-38669
TITLE=UNABOMB SUSPECT CRAZY?
BYLINE=JIM MALONE
DATELINE=WASHINGTON
CONTENT=
VOICED AT: 
INTRO:   IN CALIFORNIA, THE MAN ACCUSED OF BEING THE SO-CALLED 
UNABOMBER CONTINUES TO UNDERGO PSYCHIATRIC TESTS TO DETERMINE IF 
HE IS MENTALLY COMPETENT TO STAND TRIAL.  DEFENDANT TED KACZYNSKI
WANTS TO FIRE HIS COURT-APPOINTED LEGAL TEAM AND ACT AS HIS OWN 
LAWYER DURING THE MURDER TRIAL, WHICH HAS BEEN SUSPENDED UNTIL 
NEXT WEEK.  ALL OF THIS BEGS THE QUESTION -- WHEN IS SOMEONE 
CONSIDERED CRAZY IN THE EYES OF THE LAW?  IT IS A HOT TOPIC OF 
DEBATE AMONG LEGAL EXPERTS IN THIS COUNTRY, AND V-O-A NATIONAL 
CORRESPONDENT JIM MALONE HAS A SAMPLING OF OPINION. 
TEXT:  TED KACZYNSKI STANDS ACCUSED OF BEING RESPONSIBLE FOR AN 
18-YEAR CAMPAIGN OF BOMBINGS AROUND THE UNITED STATES WHICH 
KILLED THREE PEOPLE AND WOUNDED 29 OTHERS.  THE ACCUSED UNABOMBER
IS NOW UNDERGOING PSYCHIATRIC TESTS BY A COURT-APPOINTED EXPERT 
IN SACREMENTO, CALIFORNIA, TO DETERMINE IF HE IS MENTALLY 
COMPETENT TO STAND TRIAL AND IF HE IS ABLE TO DEFEND HIMSELF AS 
HE HAS REQUESTED.
NO ONE DOUBTS TED KACZYNKSI'S INTELLIGENCE BUT MANY LEGAL EXPERTS
SAY HE SHOULD  NOT  BE ALLOWED TO DEFEND HIMSELF IN A MURDER 
TRIAL WHERE HE COULD BE SENTENCED TO DEATH IF CONVICTED.
NOTED DEFENSE ATTORNEY AND HARVARD UNIVERSITY LAW PROFESSOR ALAN 
DERSHOWITZ WAS ASKED ABOUT MR. KACZYNSKI'S DEMAND TO REPRESENT 
HIMSELF ON THE NBC TODAY PROGRAM. HE SAYS THERE IS A DIFFERENCE 
BETWEEN SOMEONE FOUND COMPETENT TO STAND TRIAL AND A DEFENDANT 
WHO IS DEEMED CAPABLE OF REPRESENTING HIMSELF IN A MURDER TRIAL. 
                     /// DERSHOWITZ ACT. ///
         BUT TO BE ABLE TO REPRESENT YOURSELF (AT A TRIAL) YOU 
         HAVE TO KNOW MORE THAN JUST UNDERSTAND (WHAT IS GOING 
         ON). YOU HAVE TO BE ABLE TO MAKE JUDGEMENT CALLS. I HAD 
         A CASE RECENTLY WHERE A MAN REPRESENTED HIMSELF WHO WAS 
         OBVIOUSLY CRAZY AND HE TALKED HIMSELF RIGHT INTO THE 
         DEATH PENALTY. IT WAS REVERSED ON APPEAL, FORTUNATELY. 
         BUT THESE STANDARDS (COMPETENT TO STAND TRIAL AND 
         COMPETENT TO DEFEND ONESELF) OUGHT TO BE SEPARATED.
                        /// END ACT. ///
IF THE JUDGE IN THE CASE DETERMINES THAT MR. KACZYNSKI IS 
COMPETENT TO STAND TRIAL, HE WILL THEN HAVE TO DECIDE IF THE 
ACCUSED CAN FIRE HIS LAWYERS AND REPRESENT HIMSELF AS HE HAS 
DEMANDED. MR. KACZYNSKI DROPPED HIS OPPOSITION TO A PSYCHIATRIC 
EVALUATION LAST WEEK NOT LONG AFTER HE APPARENTLY TRIED TO HANG 
HIMSELF IN HIS JAIL CELL.
SOME LEGAL ANALYSTS HAVE BEEN CRITICAL OF THE JUDGE IN THE CASE 
AND SAY THAT THE DEFENDANT HAS EXERCIZED TOO MUCH CONTROL OVER 
THE PROCEEDINGS AND THREATENS TO TURN THE TRIAL INTO A CIRCUS. 
FORMER PROSECUTOR NANCY GRACE IS NOW A COMMENTATOR ON THE COURT 
T-V CABLE NETWORK. SHE WAS ALSO INTERVIEWED ON NBC'S TODAY 
PROGRAM.
                       /// GRACE ACT. ///
         I THINK THAT WHAT HE IS DOING IS ONE DELAY TACTIC AFTER 
         THE NEXT. I HAVE SEEN IT MANY TIMES BEFORE. AND OF 
         COURSE, AS ABRAHAM LINCOLN PUT IT, A MAN WHO REPRESENTS 
         HIMSELF HAS A FOOL FOR A CLIENT. I WOULD ADVISE HIM TO 
         USE HIS LAWYERS AND STOP BEING A BRAT.
                        /// END ACT. ///
/// OPT /// GOVERNMENT PROSECUTORS HAVE ALREADY REJECTED AN OFFER
FROM TED KACZYNSKI TO PLEAD GUILTY TO THE MURDER CHARGES IN 
EXCHANGE FOR A SENTENCE OF LIFE IN PRISON. THAT WOULD ALLOW MR. 
KACZYNSKI TO AVOID THE DEATH PENALTY, A POINT OF CONTENTION 
BETWEEN LEGAL ANALYSTS NANCY GRACE AND ALAN DERSHOWITZ.
                  /// GRACE-DERSHOWITZ ACT. ///
         GRACE:  AND I GUESS FOR US TO ALL SIT BACK AND SAY, 
         'DEATH PENALTY OR NO DEATH PENALTY' IS WRONG BECAUSE IT 
         IS UP TO, IN MY OPINION, THE STATE AND VICTIM'S FAMILIES
         AS TO WHAT THEY THINK IS APPROPRIATE. AND HERE THEY 
         APPARENTLY WANT THE DEATH PENALTY AT LEAST AS AN OPTION 
         FOR THAT JURY.
         DERSHOWITZ:  BUT HE (KACZYNSKI) MAY WANT THE DEATH 
         PENALTY TOO AND WE DO NOT ALLOW OUR JUDICIAL SYSTEM TO 
         BE USED AS A DOCTOR KEVORKIAN (ASSISTED SUICIDE 
         ACTIVIST) MACHINE, TO ALLOW PEOPLE TO USE IT TO KILL 
         THEMSELVES. IF HE HAS A DEFENSE, SOMEBODY OUGHT TO BE 
         RAISING IT AND HIS DEFENSE OF INSANITY OUGHT TO BE 
         PLACED BEFORE A JURY.
                        /// END ACT. ///
                         /// END OPT ///
SOME EXPERTS BELIEVE THAT IN THE END ALL THIS LEGAL MANEUVERING 
WILL LEAD TO A PLEA BARGAIN AGREEMENT BETWEEN THE SUSPECTED 
UNABOMBER AND PROSECUTORS. FORMER U-S ATTORNEY JOSEPH DEGENOVA 
MADE THAT PREDICTION ON THE NBC TODAY SHOW.
                      /// DEGENOVA ACT. ///
         YES, I THINK THE GOVERNMENT UNDERSTANDABLY AND 
         REASONABLY IS LOOKING FOR A PATINA (APPEARANCE) OF COVER
         HERE AND THE COVER MAY COME IRONICALLY FROM THEIR OWN 
         PSYCHIATRIST WHO WILL FIND THAT WHILE MR. KACZYNSKI IS 
         NOT INSANE, HE DOES HAVE A MENTAL ILLNESS AND THEREFORE 
         THAT IS GOING TO GIVE THE GOVERNMENT THE COVER THEY NEED
         TO GIVE UP THE DEATH PENALTY AND TAKE THE GUILTY PLEA 
         WHICH I THINK WOULD BE VERY RESPONSIBLE THING FOR THE 
         GOVERNMENT TO DO IN THIS CASE.
                        /// END ACT. ///
PROSECUTORS REJECTED A PLEA DEAL EARLIER BECAUSE MR. KACZYNSKI 
INSISTED THAT HE BE ALLOWED TO WITHDRAW HIS GUILTY PLEA IF AN 
APPEALS COURT WERE TO RULE THAT POLICE HAD IMPROPERLY SEIZED 
EVIDENCE FROM THE MONTANA CABIN WHERE HE LIVED.
A RULING ON MR. KACZYNSKI'S MENTAL COMPETENCE COULD COME AS EARLY
AS JANUARY 22ND. (SIGNED)
NEB/JBM/KL  
14-Jan-98 1:36 PM EST (1836 UTC)
NNNN
Source: Voice of America



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