DATE=1/14/98
TYPE=BACKGROUND REPORT
NUMBER=5-38669
TITLE=UNABOMB SUSPECT CRAZY?
BYLINE=JIM MALONE
DATELINE=WASHINGTON
CONTENT=
VOICED AT:
INTRO: IN CALIFORNIA, THE MAN ACCUSED OF BEING THE SO-CALLED
UNABOMBER CONTINUES TO UNDERGO PSYCHIATRIC TESTS TO DETERMINE IF
HE IS MENTALLY COMPETENT TO STAND TRIAL. DEFENDANT TED KACZYNSKI
WANTS TO FIRE HIS COURT-APPOINTED LEGAL TEAM AND ACT AS HIS OWN
LAWYER DURING THE MURDER TRIAL, WHICH HAS BEEN SUSPENDED UNTIL
NEXT WEEK. ALL OF THIS BEGS THE QUESTION -- WHEN IS SOMEONE
CONSIDERED CRAZY IN THE EYES OF THE LAW? IT IS A HOT TOPIC OF
DEBATE AMONG LEGAL EXPERTS IN THIS COUNTRY, AND V-O-A NATIONAL
CORRESPONDENT JIM MALONE HAS A SAMPLING OF OPINION.
TEXT: TED KACZYNSKI STANDS ACCUSED OF BEING RESPONSIBLE FOR AN
18-YEAR CAMPAIGN OF BOMBINGS AROUND THE UNITED STATES WHICH
KILLED THREE PEOPLE AND WOUNDED 29 OTHERS. THE ACCUSED UNABOMBER
IS NOW UNDERGOING PSYCHIATRIC TESTS BY A COURT-APPOINTED EXPERT
IN SACREMENTO, CALIFORNIA, TO DETERMINE IF HE IS MENTALLY
COMPETENT TO STAND TRIAL AND IF HE IS ABLE TO DEFEND HIMSELF AS
HE HAS REQUESTED.
NO ONE DOUBTS TED KACZYNKSI'S INTELLIGENCE BUT MANY LEGAL EXPERTS
SAY HE SHOULD NOT BE ALLOWED TO DEFEND HIMSELF IN A MURDER
TRIAL WHERE HE COULD BE SENTENCED TO DEATH IF CONVICTED.
NOTED DEFENSE ATTORNEY AND HARVARD UNIVERSITY LAW PROFESSOR ALAN
DERSHOWITZ WAS ASKED ABOUT MR. KACZYNSKI'S DEMAND TO REPRESENT
HIMSELF ON THE NBC TODAY PROGRAM. HE SAYS THERE IS A DIFFERENCE
BETWEEN SOMEONE FOUND COMPETENT TO STAND TRIAL AND A DEFENDANT
WHO IS DEEMED CAPABLE OF REPRESENTING HIMSELF IN A MURDER TRIAL.
/// DERSHOWITZ ACT. ///
BUT TO BE ABLE TO REPRESENT YOURSELF (AT A TRIAL) YOU
HAVE TO KNOW MORE THAN JUST UNDERSTAND (WHAT IS GOING
ON). YOU HAVE TO BE ABLE TO MAKE JUDGEMENT CALLS. I HAD
A CASE RECENTLY WHERE A MAN REPRESENTED HIMSELF WHO WAS
OBVIOUSLY CRAZY AND HE TALKED HIMSELF RIGHT INTO THE
DEATH PENALTY. IT WAS REVERSED ON APPEAL, FORTUNATELY.
BUT THESE STANDARDS (COMPETENT TO STAND TRIAL AND
COMPETENT TO DEFEND ONESELF) OUGHT TO BE SEPARATED.
/// END ACT. ///
IF THE JUDGE IN THE CASE DETERMINES THAT MR. KACZYNSKI IS
COMPETENT TO STAND TRIAL, HE WILL THEN HAVE TO DECIDE IF THE
ACCUSED CAN FIRE HIS LAWYERS AND REPRESENT HIMSELF AS HE HAS
DEMANDED. MR. KACZYNSKI DROPPED HIS OPPOSITION TO A PSYCHIATRIC
EVALUATION LAST WEEK NOT LONG AFTER HE APPARENTLY TRIED TO HANG
HIMSELF IN HIS JAIL CELL.
SOME LEGAL ANALYSTS HAVE BEEN CRITICAL OF THE JUDGE IN THE CASE
AND SAY THAT THE DEFENDANT HAS EXERCIZED TOO MUCH CONTROL OVER
THE PROCEEDINGS AND THREATENS TO TURN THE TRIAL INTO A CIRCUS.
FORMER PROSECUTOR NANCY GRACE IS NOW A COMMENTATOR ON THE COURT
T-V CABLE NETWORK. SHE WAS ALSO INTERVIEWED ON NBC'S TODAY
PROGRAM.
/// GRACE ACT. ///
I THINK THAT WHAT HE IS DOING IS ONE DELAY TACTIC AFTER
THE NEXT. I HAVE SEEN IT MANY TIMES BEFORE. AND OF
COURSE, AS ABRAHAM LINCOLN PUT IT, A MAN WHO REPRESENTS
HIMSELF HAS A FOOL FOR A CLIENT. I WOULD ADVISE HIM TO
USE HIS LAWYERS AND STOP BEING A BRAT.
/// END ACT. ///
/// OPT /// GOVERNMENT PROSECUTORS HAVE ALREADY REJECTED AN OFFER
FROM TED KACZYNSKI TO PLEAD GUILTY TO THE MURDER CHARGES IN
EXCHANGE FOR A SENTENCE OF LIFE IN PRISON. THAT WOULD ALLOW MR.
KACZYNSKI TO AVOID THE DEATH PENALTY, A POINT OF CONTENTION
BETWEEN LEGAL ANALYSTS NANCY GRACE AND ALAN DERSHOWITZ.
/// GRACE-DERSHOWITZ ACT. ///
GRACE: AND I GUESS FOR US TO ALL SIT BACK AND SAY,
'DEATH PENALTY OR NO DEATH PENALTY' IS WRONG BECAUSE IT
IS UP TO, IN MY OPINION, THE STATE AND VICTIM'S FAMILIES
AS TO WHAT THEY THINK IS APPROPRIATE. AND HERE THEY
APPARENTLY WANT THE DEATH PENALTY AT LEAST AS AN OPTION
FOR THAT JURY.
DERSHOWITZ: BUT HE (KACZYNSKI) MAY WANT THE DEATH
PENALTY TOO AND WE DO NOT ALLOW OUR JUDICIAL SYSTEM TO
BE USED AS A DOCTOR KEVORKIAN (ASSISTED SUICIDE
ACTIVIST) MACHINE, TO ALLOW PEOPLE TO USE IT TO KILL
THEMSELVES. IF HE HAS A DEFENSE, SOMEBODY OUGHT TO BE
RAISING IT AND HIS DEFENSE OF INSANITY OUGHT TO BE
PLACED BEFORE A JURY.
/// END ACT. ///
/// END OPT ///
SOME EXPERTS BELIEVE THAT IN THE END ALL THIS LEGAL MANEUVERING
WILL LEAD TO A PLEA BARGAIN AGREEMENT BETWEEN THE SUSPECTED
UNABOMBER AND PROSECUTORS. FORMER U-S ATTORNEY JOSEPH DEGENOVA
MADE THAT PREDICTION ON THE NBC TODAY SHOW.
/// DEGENOVA ACT. ///
YES, I THINK THE GOVERNMENT UNDERSTANDABLY AND
REASONABLY IS LOOKING FOR A PATINA (APPEARANCE) OF COVER
HERE AND THE COVER MAY COME IRONICALLY FROM THEIR OWN
PSYCHIATRIST WHO WILL FIND THAT WHILE MR. KACZYNSKI IS
NOT INSANE, HE DOES HAVE A MENTAL ILLNESS AND THEREFORE
THAT IS GOING TO GIVE THE GOVERNMENT THE COVER THEY NEED
TO GIVE UP THE DEATH PENALTY AND TAKE THE GUILTY PLEA
WHICH I THINK WOULD BE VERY RESPONSIBLE THING FOR THE
GOVERNMENT TO DO IN THIS CASE.
/// END ACT. ///
PROSECUTORS REJECTED A PLEA DEAL EARLIER BECAUSE MR. KACZYNSKI
INSISTED THAT HE BE ALLOWED TO WITHDRAW HIS GUILTY PLEA IF AN
APPEALS COURT WERE TO RULE THAT POLICE HAD IMPROPERLY SEIZED
EVIDENCE FROM THE MONTANA CABIN WHERE HE LIVED.
A RULING ON MR. KACZYNSKI'S MENTAL COMPETENCE COULD COME AS EARLY
AS JANUARY 22ND. (SIGNED)
NEB/JBM/KL
14-Jan-98 1:36 PM EST (1836 UTC)
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Source: Voice of America
.