Questions on mental state anger Kaczynski

  Jonathan T. Lovitt ; Martin Kasindorf

  11/26/1997

  USA Today

  FINAL

  Page 03A

  (Copyright 1997)

  Fed up with lawyers jousting over his mental health, Unabom defendant

  Theodore Kaczynski became openly rebellious Tuesday at his federal death

  penalty trial in Sacramento.

  Kaczynski grew steadily more upset as defense counsel Gary Sowards argued

  that his client's persistent refusal to allow government psychiatric interviews

  shouldn't preclude defense experts from testifying that he is a paranoid

  schizophrenic.

  "Psychiatrists!" Kaczynski finally muttered. "No way!"

  Defense lawyers suggested that letting the government counter a mental defect

  defense without tests would be akin to diagnosing a limp without x-raying the

  leg. That's when the defendant stopped furiously scribbling notes and fidgeting

  with his glasses. He slammed his pen down, sending it skidding across the table.

  Co-defense counsel Judy Clarke placed her hand on Kaczynski's arm to calm

  him.

  The outburst was the emotional high point of a second, inconclusive courtroom

  wrangle over psychiatric evidence.

  Kaczynski, 55, has pleaded innocent to a 10-count indictment charging him with

  interstate mailing or transportation of bombs that killed two men and maimed

  two others.

  Faced with reams of incriminating writings seized after Kaczynski was arrested

  at his Montana cabin, defense lawyers say he can't be found guilty because

  mental illness would keep him from forming intent to kill.

  Irked by that strategy, Kaczynski stopped cooperating with defense doctors after

  several examinations.

  The prosecution wants U.S. District Judge Garland Burrell to bar defense doctors

  from testifying about Kaczynski's mental health unless he bows to court orders

  and gives prosecution doctors equal time with him.

  "I'm not ready to rule, but I am leaning toward a lesser sanction," Burrell said

  Tuesday. He indicated favor toward a compromise that would limit expert

  testimony to analysis of Kaczynski's writings. Also, the jury would be told about

  Kaczynski's disobedience of court orders.

  Through his attorneys, Kaczynski refused proposals Monday that he respond to

  written questions from government psychiatrists.

  Burrell, prodding the parties toward finding a compromise on their own, could

  resolve the issue next week.

  In an earlier display of his sensitivity to having his mental health publicly

  questioned, Kaczynski boycotted a court hearing Friday devoted to the

  psychiatric issues.

  Tuesday was the eighth day of jury selection. By the end of the day, 41

  prospective jurors had been approved. A pool of 64 is needed for the jury of 12

  and six alternates.