Judge refuses to dismiss charge
against Unabom suspect
April 19, 1996
Web posted at: 10:25 p.m. EDTHELENA, Montana (CNN) -- A federal judge rejected a defense motion to dismiss the lone charge against Unabom suspect Theodore Kaczynski, saying news leaks about the case were regrettable but apparently not intentional.
Kaczynski has been charged with possessing bomb components, but has not been charged in any of the Unabomb attacks over the past 18 years that have killed three people and injured 23.
Friday's ruling from U.S. District Judge Charles Lovell followed a 20-minute hearing on whether he should consider the defense motion to drop the case against Kaczynski. He said defense attorney Michael Donahoe's argument did not justify further hearings.
Kaczynski's attorneys held that federal agents had poisoned the minds of potential jurors with prejudicial descriptions of evidence seized from the shack.
They cited claims from unnamed agents in various news media accounts referring to the case against Kaczynski as a "slam dunk" (Newsweek) and that the agents were anywhere from 99.9 per cent (Washington Post) to 150 per cent certain (The Sacramento Bee) that Kaczynski is the Unabomber.
The defense also accused federal agents of making "a pernicious effort to undermine and destroy" their client's constitutional right to a fair trial.
Assistant U.S. Attorney Bernard Hubley denied that charge, saying the contention was without factual or legal basis.
Hubley admitted agents made unauthorized comments to the news media but said the situation "certainly cannot rise to the level of prejudice against the defendant."
In the government's response to Kaczynski's motion, Hubley said that while agents violated Justice Department policy with their comments about evidence, ordering a dismissal of charges would be an extraordinary and unprecedented remedy.
"The government has been unable to find a single federal case in which a court has suppressed evidence or completely barred a criminal prosecution based on pre-indictment publicity," Hubley said. "Accordingly, Kaczynski's motion should be denied."
The 53-year-old former mathematics professor made his second court appearance Friday since he was arrested for possession of explosives on April 3. Kaczynski appeared in court with his hair and beard neatly trimmed, wearing khaki slacks, a light green shirt open at the neck, and black tennis shoes.
Kaczynski's courtroom demeanor was calm. He walked upright, sat down and quietly stared straight ahead. He carried a yellow notepad but took no notes. He was not seen speaking to either of his court-appointed attorneys, Donahoe or Anthony Gallagher.
The defendant stayed expressionless throughout the proceeding, but when he got up to leave he appeared to be smiling slightly.
Kaczynski was moved from his 7- by 10-foot county jail cell to the federal courthouse an hour before the court hearing began. He was ordered back to jail after it ended.
His case is expected to go before a federal grand jury as early as next week.
Following Kaczynski's arrest, federal agents have seized more than 500 articles from his small mountain cabin near Lincoln, Montana.
The items allegedly include a pipebomb, bomb-making materials, a copy of the Unabomber manifesto that was published in newspapers last year, the manual typewriter agents believe was used to write the manifesto, and a bottle of anti-depressant pills.
Kaczynski's attorneys claimed there were "qualitative differences" between the basic inventory of what agents found and how they described the items to the media.
Related stories
- Woman had two dates with Unabom suspect - April 18
- Kaczynski cabin contents revealed - April 15
- Manifesto find may be key to Unabom case - April 13
- Official: Unabomber manifesto found in Kaczynski's cabin - April 12
- Following the Unabom trail - April 11
- Judge refuses to unseal search warrant - April 10
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