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| S P E C I A L | The Unabomb Trial |
Judge: Kaczynski mental health defense in jeopardy
November 20, 1997
Web posted at: 11:20 p.m. EST (0420 GMT)SACRAMENTO, California (CNN) -- Accused Unabomb suspect Theodore Kaczynski indicated Thursday he understands that his refusal to undergo evaluation by prosecution psychiatrists may result in exclusion of testimony about his mental health from his trial.
Kaczynski nodded at U.S. District Court Judge Garland Burrell after the judge explained the possible consequences of his refusal. Burrell said he could prohibit testimony by defense mental health experts if Kaczynski won't agree to be questioned by government doctors.
"He is aware of that, your honor," answered defense attorney Judy Clarke, after Kaczynski spoke to her quietly.
Such a ruling by Burrell could be a blow to the defense, which is expected to try to introduce claims of mental illness at trial in an effort to spare Kaczynski from a possible death penalty, if he is convicted.
The judge is scheduled to hear arguments on the matter Friday afternoon. Kaczynski's lawyers said their client has decided not to attend the hearing.
Kaczynski is accused of killing two men in Sacramento with package bombs and injuring two others with bombs mailed from Sacramento.
Federal authorities believe Kaczynski is the Unabomber, blamed for killing three people and injuring 29 others in 16 attacks that began in 1978 and ended prior to Kaczynski's arrest last year.
On Thursday, jury selection continued for the sixth day, with six potential jurors added to the jury pool.
Seventy-four potential jurors have been questioned so far. Of those, 38 were qualified for the final pool, from which the 12 jurors and six alternates who will hear the case will be selected. As many as 70 people will be qualified for the pool before final jury selection will commence.
At one point Thursday, Kaczynski seemed to show a flash of annoyance when two prospective jurors disparaged the Unabomber's 35,000-word, anti-technology manifesto.
"I read part of the manifesto and quit reading it after a while," said a businessman. Kaczynski took off his glasses, crossed his arms across his chest and rocked back and forth in his chair during the man's remarks.
Another man said that he had tried to read the manifesto but found it "too long." The defendant stiffened in his chair at that comment.
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