Hearing set on Unabomb defendant's mental condition
September 2, 1997
Web posted at: 7:54 a.m. EDT (1154 GMT)
SACRAMENTO, California (CNN) -- A hearing is scheduled Tuesday on the mental condition of Unabomb defendant Theodore Kaczynski and his possible use of an insanity defense.
Kaczynski will not be in court, but his lawyers might indicate how big a part Kaczynski's mental condition will play at his trial.
Kaczynski faces trial November 12 on a 10-count federal indictment charging him with four of the 16 bombings attributed to the anti-technology terrorist known as the Unabomber. The indictment involves four California mail bombings, including two fatal attacks in Sacramento.
The defense has indicated it plans to introduce testimony relating to Kaczynski's mental state, but says requiring him to undergo a mental examination would violate his Fifth Amendment constitutional right against self-incrimination.
Prosecutors have argued that once a defendant raises the prospect of an insanity defense, he can no longer claim Fifth Amendment protection against a psychiatric evaluation.
Prosecutors, who want to conduct their own examination of Kaczynski, will demand at the hearing to know what specific mental defect the defense plans to claim he has.
Kaczynski was arrested in April 1996 following a search of his Montana cabin.