Kaczynski competent to stand trial

Martin Kasindorf; Jonathan T. Lovitt

01/21/1998

USA Today

FINAL

Page 01A

SACRAMENTO -- Plea negotiations in the Unabomber case reopened late

Tuesday after Theodore Kaczynski was found mentally competent to stand trial

earlier in the day.

Still undecided is who will defend Kaczynski.

Judge Garland Burrell Jr. said he will rule Thursday, the day the trial is to open,

whether Kaczynski or his court-appointed lawyers would control the defense

strategy.

The judge indicated he was not inclined to allow Kaczynski to represent himself

or to change lawyers.

The Justice Department resumed talks with Kaczynski's lawyers about a plea deal

after the competency decision.

His lawyers have asked the government to drop its death penalty demand in

return for a guilty plea and a life sentence.

Kaczynski has strongly opposed his lawyers' plans to use a defense of mental

illness.

Federal prison psychiatrist Sally Johnson filed a 47-page competency report

Saturday after examining Kaczynski that said Kaczynski was capable of

understanding the charges and aiding in his defense, the only criteria for a

declaration of competency.

Prosecutors and defense agreed, eliminating the need for the judge to rule.

The Associated Press reported Johnson diagnosed Kaczynski as a paranoid

schizophrenic; symptoms can include delusions of persecution.

Kaczynski, 55, is accused of being the Unabomber who killed three people and

injured 29 others during an 18-year anti-technology campaign.

He pleaded not guilty and could face the death penalty.

The competency exam was ordered after Kaczynski apparently attempted suicide

and then sought to handle his own defense.

Prosecutors want the judge to order the defense laywers to follow Kaczynski's

wishes or appoint new lawyers.

Burrell was wary of substituting counsel and also suggested Kaczynski's request

to represent himself had come too late. "We're not in a pretrial hearing," Burrell

said. "We're in trial."