Judge orders mental exam for Kaczynski

Kaczynski is led out of the courthouse Thursday

Competency hearing set for January 22

January 9, 1998
Web posted at: 10:17 p.m. EST (0317 GMT)

In this story:

• Psychiatrist evaluated Hinkley, Bakker
• Exam part of Kaczynski's attempt to fire lawyers
• Death penalty raises new issues
• Related stories and sites

SACRAMENTO, California (CNN) -- The judge in Unabomb suspect Theodore Kaczynski's trial Friday ordered him to undergo an examination by a federal psychiatrist to determine if he is mentally competent to act as his own attorney.

Kaczynski: killer or tortured soul? Trial Transcripts

After the exam, which could begin as soon as this weekend, a formal competency hearing will be held, which U.S. District Judge Garland Burrell scheduled for January 22. He told jurors already seated for Kaczynski's trial to expect the proceedings to resume immediately after the hearing.

Struggling to get Kaczynski's trial back on track after a week of delays, Burrell warned Kaczynski that if he doesn't cooperate with Dr. Sally Johnson, who will travel to Sacramento from North Carolina for the evaluation, he will be sent to a federal psychiatric facility.

"He will be on a plane, and I will fly him to a psychiatric institution immediately," the judge said.

Psychiatrist evaluated Hinkley, Bakker

Judge Garland Burrell

After the judge's warning, Kaczynski briefly conferred with his attorneys. Defense lawyer Judy Clarke then told Burrell that Kaczynski will cooperate with Johnson. The defendant nodded vigorously in agreement.

Johnson, chief of psychiatric services at the Butner Federal Correctional Institution in North Carolina, was recommended by the federal Bureau of Prisons. She has a week to examine Kaczynski in his cell at the Sacramento County Jail and file a report.

Johnson also evaluated presidential assailant John Hinckley Jr. and former televangelist Jim Bakker. Hinckley, who attempted to assassinate former President Ronald Reagan in 1981 and severely wounded his press secretary, Jim Brady, was found innocent by reason of insanity. Bakker was found competent to stand trial and was convicted on fraud and conspiracy charges.

Exam part of Kaczynski's attempt to fire lawyers

In the past, Kaczynski had resisted undergoing a psychiatric evaluation, and he objected strongly to his attorneys' proposed trial strategy of introducing evidence of mental illness.

But Kaczynski changed course Thursday and decided to undergo the examination to prove he is competent to represent himself. He wants to take that step to prevent his attorneys from introducing evidence about his mental health over his objections.

Under a U.S. Supreme Court decision in the case of Faretta vs. California, criminal defendants who are competent to stand trial have the absolute right to act as their own attorney.

To prove he is competent to stand trial, Kaczynski will be required to prove that he has a rational understanding of the proceedings against him and the ability to consult with lawyers who would advise him.

Death penalty raises new issues

That standard is so minimal that many experts expect Kaczynski will qualify. But letting Kaczynski represent himself in a trial where the government is trying to put him to death raises new questions -- whether the judge will allow what one trial lawyer terms "federally assisted suicide."

"If he wasn't charged with the death penalty, his defense lawyers would not be as concerned. They could let him represent himself and walk away with a clear conscience," says Laurie Levenson, associate dean of the Loyola University Law School. "We know how to deal with this when less is at stake and when mental illness is not involved."

Kaczynski, 55, a brilliant math professor who dropped out of society to live in primitive conditions in a handmade cabin in the wilds of Montana, is accused of being the Unabomber, an anti-technology terrorist who, over an 18-year period, sent 16 mail bombs that killed three people and injured 29 others.

On Thursday, officials at the Sacramento County Jail said they believe Kaczynski tried to kill himself the previous night by hanging himself with his underwear. The stretched underwear was found in his cell, and red marks were seen on his neck.

Correspondents Rusty Dornin and Don Knapp and Reuters contributed to this report.

Newsmaker Profile:

• Theodore Kaczynski - Unabomb Suspect

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