Psychiatric Competency Report
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
UNITED STATES OF AMERICA,
THEODORE JOHN KACZYNSKI,
CR. NO. S-96-259 GEB
The attached redacted copy of the psychiatric competency report of Doctor Sally C. Johnson is unsealed.
IT IS SO ORDERED.
DATED: September 11, 1998
GARLAND E. BURRELL, JR.
United States District Judge
NAME: KACZYNSKI, Theodore John
DOCKET NUMBER: CR 5-96-259 GEB
DATE OF BIRTH: 05/22/42
DATE OF REPORT: 01/16/98
IDENTIFYING INFORMATION: Theodore John Kaczynski is a 55 year old white single male, currently housed in pretrial status at the Sacramento County Jail in Sacramento, California. He was most recently residing in Lincoln, Montana. On 01/09/97, the Honorable Garland D. Burrell, Jr., United States District Court Judge for the Eastern District of California, issued an Order that Mr. Kaczynski be examined by Bureau of Prisons physicians and others authorized by such physicians to assist in the study and examination to determine his mental competency to stand trial. The Order further indicated that the examining physicians are authorized to access all pertinent medical and collateral information, including psychiatric and medical records, and psychological testing. The examination was ordered to commence on 01/12/98. On 01/12/98, Judge Burrell issued a supplemental Order for Dr. Sally Johnson to travel to Sacramento to conduct the examination of the defendant at the Sacramento County Jail. The Order outlined that Dr. Johnson should prepare a report of the examination of the defendant pursuant to the provision of 18, U.5 Code, Sections 4247(b) and (c). The examination should include: the defendant's history and present symptoms; a description of the tests employed and the results; the examiner's findings; and the examiner's opinions as to diagnosis, prognosis, and "whether the defendant is suffering from a mental disease or defect rendering him mentally incompetent to the extent that he is unable to understand the nature and consequences of the proceedings against him or to assist properly in his owij defense." Copies of the report were ordered to be provided to the Court, counsel for the defendant, and the Government by 7:00PM on 01/16/98. On 01/l3/98, Judge Burrell issued an additional Order which directed that trial counsel for the defendant were to provide Dr. Johnson with copies of each of the letters admitted to the Court under seal by the defendant and all of the transcripts of ex parte and en camera hearings. If these materials were included in the competency report, that aspect of the report would not immediately be given to the Government. Rather, the Government would be provided the opportunity to petition the Court for access to the excluded materials at a later date. The trial judge and the defendant's counsel would be given a copy of the competency report in its entirety. In accordance with these Orders, the psychiatric evaluation was conducted between 01/12/98 and 01/16/98.
In the indictment filed 06/18/96, Mr. Kaczynski was charged with violations of 18, U.S. Code, Section 844(d), Transportation of an Explosive with Intent to Kill or Injure (four counts); 18, U.S Code, Section 1716 Mailing an Explosive Device in an Attempt to Kill or Injure (three counts); and 18, U.S. Code, Section 924 (c) (1), Use of a Destructive Device in Relation to a Crime of Violence (three counts). These charges involved use of an explosive device to kill Hugh Scrutton on or about 12/11/85; the use of an explosive device that injured Dr. Charles Epstein on or about 06/22/93; the use of an explosive device to injure Dr. David Gelernter on or about 06/24/93; and the use of an explosive device to kill Gilbert B. Murray on or about 04/24/95. Mr. Kaczynski is represented by Federal Defenders Quinn Denvir, Judy Clarke, and Gary Soward. Special Attorneys to the U.S. Attorney General assigned to this case are Robert J. Cleary, Stephen P. Freccero, R. Steven Lapham, Bernard F. Hubley, and J. Douglas Wilson.
Extensive collateral information was available for review and use during this evaluation period. This included copies of Judge Burrell's Court Orders dated 01/09/98, 01/12/98, and 01/13/98; the indictment filed on 06/18/96; extensive information in regard to the charged offenses; medical records on Mr. Kaczynski, including a copy of his birth certificate from the State of Illinois; dental records from William Schauer, DDS, and Thomas Ditchey, DDS, through 1982; University Health Service records from Harvard University beginning in September 1958; hospital summary from Billings Hospital in Chicago, Illinois for hospitalization from 09/10/59 to 09/15/59; records from Dr. Walter Peschel in Missoula, Montana; records and correspondence from Carolyn C. Goren, M.D., April 1991 through January 1995; records from St. Peters Community Hospital in Helena, Montana; records from Glen Wielenga, M.D., of Lincoln, Montana for time periods between 1991 and 1993; records from the Sacramento County Jail for the time period between 1996 and 1998; and records from the Health Services Department at the Federal Correctional Institution (FCI) Dublin, California, for a period of detention from 09/03/97 to 11/06/97.
Collateral information provided by the prosecution included copies of the Government trial brief filed under seal; selected statements and writings by the defendant; a letter outlining the Proof of Uncharged Crimes dated 07/29/96 addressed to Quin Denvir, Federal Defender; statements concerning the charged bombs, information on disguises and aliases, and targeting of victims; a copy of Mr. Kaczynski's original autobiography (1979); the Unabomb correspondence and Manifesto; declarations from Park Elliott Dietz, M.D., M.P.H., Ph.D., dated 10/02/97, and Phillip J. Resnick, M.D., dated 10/02/97; and an Analysis of Neuropsychological Testing on Theodore Kaczynski by John T. Kenny, Ph.D., dated 12/29/97.
Collateral information provided by the defense included a chronology of charged and uncharged offenses; transcripts of court proceedings in United States vs. Theodore Kaczynski dated 11/21/95, 01/05/98, 01/07/98, and 01/08/98; Declarations of defense retained experts including David Foster, M.D., dated 11/11/97 and 11/17/97, Xavier Amador, Ph.D., dated 11/16/97; Karen Froming, Ph.D., dated 11/17/97; a letter to Elizabeth Gilbertson, M.D., from Theodore Kaczynski; the autobiography of Theodore Kaczynski prepared in accordance with participation in the Multiform Assessment of College Men Study, by Henry A. Murray at Harvard University; a typewritten transcript of Theodore Kaczynski; autobiographical notes 1979; a social history chronology of Mr. Kaczynski; and excerpts from correspondence between 1975 and 1991 and journals between 1957 and 1971. Also provided was a copy of the Refutation (a 15 chapter manuscript written by Mr. Kaczynski primarily between August and November 1997). Pursuant to a Court Order dated 11/13/97, the examiner was provided copies of the letters written by Mr. Kaczynski to Judge Garland D. Burrell, Jr., dated 12/18/97 and 01/05/98, and copies of the sealed reporter draft transcripts dated 12/18/97, 12/19/97, 01/05/98 and 01/07/98 (in camera proceedings).
The examiner also reviewed the complete set of writings obtained from Mr. Kaczynski's cabin in Montana. This included a series of journals spanning the time period of 1960 to present; extensive correspondence by Mr. Kaczynski and to Mr. Kaczynski; and detailed records of scientific experiments conducted by Mr. Kaczynski. In addition of review of the extensive collateral information, the examiner also had the opportunity to visit Mr. Kaczynski's cabin at the storage site outside of Sacramento and to review extensive photographs of the cabin contents.
Initial interviews were conducted with defense attorneys Quin Denvir, Judy Clarke and Gary Soward, and prosecuting attorneys Robert Cleary and Stephen Freccero on 01/11/98. Prosecuting attorneys were then interviewed separately on 01/11/98. Defense attornevs were interviewed on 01/12/98. Additional interviews with both defense and prosecuting attorneys took place throughout the week, in regard to obtaining necessary information and managing the boistics of the evaluation process. Personal interviews were conducted with Wanda Kaczynski, mother of the defendant, and David Kaczynski, brother of the defendant, on 01/13/98. Phone interviews were conducted with defense retained experts David Foster, M.D., Raquel Gur, M.D., Ph.D., Ruben Gur, Ph.D., and Karen Froming, Ph.D.; and prosecution retained experts Park Dietz, M.D., and Phillip Resnick, M.D. A phone interview was also conducted with Sherry Woods, librarian in Lincoln, Montana.
DATES OF CONTACT/PROCEDURES ADMINISTERED: During this evaluation, Mr. Kaczynski was interviewed by Sally C. Johnson, M.D., Chief Psychiatrist and Associate Warden of Health Services for the Federal Correctional Institution in Butner, North Carolina. During this evaluation, Mr. Kaczynski was interviewed by the examiner on eight occasions at the Sacramento County Jail, with a total interview time of approximately 22 hours. The interviews took place either in the line up room conference area or in confidential attorney visiting booths on the second or eighth floor. At the start of the initial interview and briefly during subsequent interviews on 01/12/98 and 01/13/98, the defense attorneys were present to answer Mr. Kaczynski's questions regarding the evaluation process. In addition to the clinical interviews, formal review was conducted of previous medical evaluations, as well as previous neuropsychological and psychological testing results. Additional psychological testing administered during this evaluation included the Minnesota Multiphasic Personality Inventory-2 (01/12/98), the Millon Clinical Multiaxial Inventory-II (01/12/98), the Beck Depression Inventory (01/15/98), and the Draw a Person Picking an Apple from a Tree projective drawing (01/15/98). Psychological testing administered during this evaluation was administered by Dr. Johnson. Scoring and interpretation of tests were accomplished with the assistance of psychology staff at FCI Butner.
At the outset of this evaluation and repeatedly throughout the week, the purpose of the evaluation and limits of confidentiality of information provided were discussed with Mr. Kaczynski. He was informed that the information and the observations made would provide the basis for completion of a report which would be available to the Judge, as well as the Defense and Prosecuting Attorneys. He was advised that a provision was in place to protect the privacy of any en camera materials. He demonstrated an adequate understanding of this information.
BACKGROUND INFORMATION: The information outlined in this section is a composite of that obtained through interviews with Mr. Kaczynski, review of the extensive collateral information, and interviews with those individuals outlined above. Mr. Kaczynski was viewed as a relatively reliable historian in regard to most of the information that was provided. On advice of his attorneys, he provided only limited information regarding his activities immediately around the time of the currently charged offenses. Mr. Kaczynski tended to emphasize or minimize certain aspects of his history and recited descriptions of many events by rote, using the wording used in his writings. With encouragement, he was able to provide additional detail regarding some of those points. The information provided by Mr. Kaczynski was generally consistent with that provided by other sources.
Theodore John Kaczynski was born in Chicago, Illinois on 05/22/42. He is the oldest son born to Theodore Richard Kaczynski and Teresa (Wanda) Dombeck Kaczynski. He has one brother, David Kaczynski, who is seven years younger, born in 1949. His father is deceased, having died on 10/02/90 from a self-inflicted gunshot wound to the head. His father had been diagnosed shortly before his death with lung cancer with metastasis to the spine. His mother is 80 years old and resides in Schenectady, New York, near David and his wife Linda.
Mr. Kaczynski's father was initially employed as a sausage maker over the years. He spent part of his employment working for relatives in that business, but subsequently obtained employment with a food products company and then with several foam cutting companies in the Chicago area. He transferred with the latter job to Iowa and then back to Illinois. He reportedly provided adequately for the family, from a financial standpoint. He had no clear history of psychiatric illness, although it is noted that he committed suicide reportedly in response to his poor prognosis and significant pain related to the diagnosis of cancer. He had no criminal or substance abuse history. Wanda Kaczynski has spent most of her life working in the home, although earlier she completed approximately two years of college education. At a later point, when the family moved to Iowa, she completed her degree in teaching, and subsequently taught for a few years. Most recently, she was employed in an office situation on a part time basis. She has no history of diagnosed mental illness, (REDACTED).
Available reports indicate that the pregnancy with Mr. Kaczynski was full term with no significant problems prior to delivery. As a young child, he reached developmental milestones such as sitting up, walking, and talking within normal parameters. He was hospitalized at the age of approximately nine months, for several days, as the result of an allergic reaction. Hospital course was apparently uneventful and he was discharged without known medical sequelae. Conflicting reports exist as to the significance of that hospitalization. Records reviewed through notes kept in Mr. Kaczynski's baby book do not provide much information in regard to problems following that hospitalization. Information provided by Wanda Kaczynski, however, indicates her perception that his hospitalization was a significant and traumatic event for her son, in that he experienced a separation from his mother (due to routine hospital practices). She describes him as having changed after the hospitalization in that he was withdrawn, less responsive, and more fearful of separation from her after that point in time. Mr. Kaczynski experienced usual childhood diseases including mumps and chicken pox, and underwent a tonsillectomy at age six and removal of a congenital cyst of his upper jaw at age 12 or 13.
Again somewhat conflicting accounts exist as to his early social development. He was viewed as a bright child and was described by his mother as not being particularly comfortable around other children and displaying fears of people and buildings. She noted that he played beside other children rather than with them. Her concern about him apparently led her to consider enrolling him in a study being conducted by Bruno Betleheim regarding autistic children. No detailed information is available about this, but Wanda Kaczynski indicated that she did not pursue that opportunity. Instead, she utilized advice published by Dr. Spock in attempting to rear her son.
Mr. Kaczynski describes his early childhood as relatively uneventful, until the age of eight or nine. He described memories of early play with other children, although he too recounts being somewhat fearful of people and describes himself as socially reserved. He recounts a few significant episodes in his early life referencing the hospitalization mentioned above, being scalded by boiling water, and falling and cutting his tongue. Mr. Kaczynski denies any history of physical abuse in his family. He does admit to receiving occasional spankings, but felt that this was not excessive or cruel. He does specifically describe extreme verbal and emotional abuse during his upbringing, although he did not identify this as a problem until he was in his 20s.
The family initially lived in a working class neighborhood in Chicago and Mr. Kaczynski described the family as having middle class aspirations but living only one step above the slums. He remembers his mother focusing on his dialect, encouraging him not to talk like the kids in the street, and responds that he complied by speaking one way at home and another way when interacting with the other children.
By the age of eight or nine, Mr. Kaczynski describes that he was no longer well accepted by the neighborhood children or his peers at school. The neighborhood children "bordered on delinquency" by his account, and he was not willing or interested in being involved in their activities. The family moved several times, bettering their housing status, eventually moving to Evergreen Park, Illinois, when he was approximately age 10. He describes this as a middle class suburb of Chicago.
Mr. Kaczynski attended kindergarten and grades one through four at Sherman Elementary School in Chicago. He attended fifth through eighth grade at Evergreen Park Central School. As the result of testing conducted in the fifth grade, it was determined that he could skip the sixth grade and enroll with the seventh grade class. According to various accounts, testing showed him to have a high IQ and, by his account, his parents were told he was a genius. He claims that his IQ was in the 160 to 170 range. Testing supposedly conducted at that time has not been made available for review. Mr. Kaczynski described this skipping a grade as a pivotal event in his life. He remembers not fitting in with the older children and being the subject of considerable verbal abuse and teasing from them. He did not describe having any close friends during that period of time.
He attended high school at Evergreen Park Community High School. He did well overall from an academic standpoint, but reports some difficultly with math in his sophomore year. He was subsequently placed in a more advanced math class and mastered the material, then skipped the 11th grade. As the result, he completed his high school education two years early, although this did require him to take a summer school course in english. During the latter years of high school he was encouraged to apply to Harvard, and was subsequently accepted as a student, beginning in the fall of 1958. He was 16 years old at the time.
Mr. Kaczynski completed his undergraduate degree in Mathematics, graduating in June 1962, at the age of 20. He began his first year of graduate study at the University of Michigan at Ann Arbor in the fall of 1962. He completed his Masters and Ph.D., by the age of 25. Following graduation, he accepted a position as assistant professor in the Math Department at the University of California at Berkeley, and remained in that position from September 1967 until June 1969.
During his high school years, Mr. Kaczynski was not involved in many activities. He did play the trombone and speaks with pride about the lessons he took from a well known trombone instructor. He denies any involvement in sports or interest in group activities. After starting college, he was hospitalized briefly and diagnosed as suffering from infectious mononucleosis. He recovered without significant sequelae.
Mr. Kaczynski describes being happy with the birth of his younger brother, and he and family report a relatively strong relationship between the boys (when age differences were taken into consideration), throughout Mr. Kaczynski's school years.
Mr. Kaczynski's employment history is somewhat limited and consists of a variety of jobs held for relatively short periods. In the summer before college, he was involved in part time activities in painting and repair at a local elementary school. The summer after his freshman year of college, he worked at a spice packing plant. During graduate school in Michigan, he worked as a teaching fellow for approximately three of the five years. As noted, he then accepted an assistant professor position in the Math Department at Berkeley. Following resignation from that position, he returned to live with his parents in Lombard, Illinois, and began looking for land, where he could establish a more isolated existence. In 1969 he had some temporary employment at warehouse jobs and factories while looking for the land. From 1971 until the time of his arrest, he was for the most part unemployed and living off the land, with some limited financial support from his family. Intermittently, he worked to obtain needed money, which included employment in the fall of 1972 and spring of 1973 in masonry and groundskeeping jobs. In 1978 and 1979, he worked a few months at a foam cutting company in Lombard, Illinois, where his father and brother were employed. He was fired from that job after inappropriate behavior towards the female manager and subsequently worked briefly at the Prince Castle Restaurant Equipment Company.
Mr. Kaczynski had no periods of service in the military and indicated he was deferred from the draft due to his status as a student and later as a teacher.
Prior to his current legal situation, Mr. Kaczynski has had no significant criminal record of arrests or incarceration. He did receive a traffic ticket for passing a stopped school bus about 25 years ago. This required him to appear at the Justice of the Peace Court to resolve the ticket. No attorney representation was involved, he pled guilty, and paid a fine of $30. He has never retained an attorney for any other reasons. He has never served as a juror nor been a plaintiff in a legal action.
Mr. Kacynski denies any significant history of substance use or abuse, including alcohol or nicotine. This is confirmed by other sources of collateral information.
Mr. Kaczynski describes no religious affiliation. (REDACTED). Since living on his own, he has not affiliated with any religion.
Mr. Kaczynskj has no history of inpatient psychiatric hospitalizations or ongoing treatment. He does have a history of brief contacts with mental health systems in various places. Although he had interactions with guidance counselors around academic issues in junior high and high school, it appears he was not involved in any type of counseling. As referenced earlier, he underwent a battery of psychological testing in the fifth grade, the results of which initiated the decision for him to be advanced academically ahead of his peer group. After entering Harvard, he voluntarily became involved in a psychological study of young men. He underwent some psychological testing and completed a written autobiography at that time. Results from that study will be discussed in the psychological testing portion of this report.
While at the University of Michigan he sought psychiatric contact on one occasion at the start of his fifth year of study. As referenced above, he had been experiencing several weeks of intense and persistent sexual excitement involving fantasies of being a female. During that time period he.became convinced that he should undergo sex change surgery. He recounts that he was aware that this would require a psychiatric referral, and he set up an appointment at the Health Center at the University to discuss this issue. He describes that while waiting in the waiting room, he became anxious and humiliated over the prospect of talking about this to the doctor. When he was actually seen, he did not discuss these concerns, but rather claimed he was feeling some depression and anxiety over the possibility that the deferment status would be dropped for students and teachers, and that he would face the possibility of being drafted into the military. He indicates that the psychiatrist viewed his anxiety and depression as not atypical. Mr. Kaczynski describes leaving the office and feeling rage, shame, and humiliation over this attempt to seek evaluation. He references this as a significant turning point in his life.
Beginning in the spring of 1988, Mr. Kaczynski made several contacts with mental health systems around the issue of establishing relationships with women. He indicates that in 1988 he was suffering from insomnia and a renewed interest in getting advice and moral support to establish a relationship with a woman. He describes picking a psychologist's name out of the phone book and writing her a letter about his interest. He indicates that his decision to seek this type of counseling resulted after having a dream about a young woman. Upon awakening he had the idea that perhaps at age 45 it was not too late for him to establish a relationship, and at that point he thought of leaving his isolated life in Montana and finding a job and a female for himself. As noted, he sent a detailed letter to the therapist and saw her once. He had a positive experience in the session and subsequently sought employment. He states that during the session the therapist, Elizabeth Gilbertson, had mentioned the thought of her arranging a meeting with him and some of her female clients. He subsequently wrote her a letter with the hopes of reminding her to do so, but she did not pick up on his implied message. He also came to the realization that he could not afford to see her regularly, although he could have afforded one more visit. Subsequent to that session, he wrote to the Mental Health Center in Helena, requesting that he be assigned a therapist or counselor with whom he could correspond by mail. Mr. Kaczynski indicates that this could not be worked out and he remained depressed for the next several months. Although the depression lightened eventually, it remained there to some degree until 1994.
In 1991 Mr. Kaczynski contacted a local general practitioner, Dr. Glen Wielenga, in Lincoln, concerning insomnia. Mr. Kaczynski indicates the doctor suspected he was depressed, but he was somewhat dissatisfied with Dr. Wielenga's assessment. Dr. Wielenga did prescribe Trazadone at a dose of 5Omg at bedtime. Mr. Kaczynski took it for three days. It made him sleep, but he experienced daytime drowsiness and gas from it, and discontinued the medication. He subsequently wrote to the Mental Health Center in Great Falls, asking for recommendation of a few people he could contact in regard to finding a psychiatrist, but did not follow through and his insomnia remitted without treatment.
Records indicate that Mr. Kaczynski saw Dr. Gilbertson as noted above. He also made contact via letter to Dr. Melnick, a psychiatrist in Missouri. He was subsequently unable to afford her fees.
Around this same time, in the spring of 1991, he set up an appointment with Carolyn Goren, M.D., in Missoula, Montana. He sought evaluation and treatment for symptoms of palpitations and stress. Prior to his visit, he sent Dr. Goren a letter outlining his concerns. He was seen on 04/29/91, and subsequently had one follow up visit some months later. After his initial visit, Mr. Kaczynski continued to monitor his blood pressure, which remained within normal limits, and provided these values to Dr. Goren on a semi annual basis for several years. No significant cardiac problems were identified during his evaluation time. Collateral information also supports that Mr. Kaczynski sent a letter to the Director of the Golden Triangle Community Mental Health Center in October 1993 concerning his problem of insomnia and asking for location of a suitable psychiatrist that he could see on a reduced fee. There was no follow through with an appointment. Mr. Kaczynski had no other mental health contacts prior to the period after his arrest on the current charges. (REDACTED).
Following his visit to Dr. Goren and his belief that perhaps the potential of an ongoing relationship existed with her, he made the decision to acquire a more conventional career. He decided to attend school at the undergraduate level to obtain a degree in journalism. He corresponded with the University of Montana and subsequently was required to take the Graduate Record Exam. Even after he determined that there was not a possibility of an actual relationship with Dr. Goren, he took the exam anyway and reportedly scored quite well. He never matriculated to the University.
In reviewing available background information on Mr. Kaczynski's life, it was useful to review his two lengthy autobiographical documents. At the time he went to Harvard and became involved in a psychological study of students there, he was asked to write the first autobiography. He completed this in one or two days, in 1959. Twenty years later, over a period of several months, he wrote a 216 page autobiography of his life.
In the autobiography in 1959, Mr. Kaczynski describes an uneventful early childhood, and indicates that he was somewhat rebellious towards his parents, who were quite lenient with him. He describes his relationship with his parents as quite affectionate and denies any involvement in delinquent behavior. He notes the testing that occurred in fifth grade and the impact on his life of skipping the sixth grade. Despite that, he claims that he did establish a few friendships in junior high. (REDACTED). In addition to playing the trombone in the school band for a few years, he also collected coins. He denies any dating during junior high or high school. Upon entering Harvard, he was struck with the realization that he was no longer smarter than all the other students. Nonetheless, he did above average work, excelling in math. Later, he notes that during the last few years, his relationship with his parents had deteriorated and often resulted in arguments. He describes his mother as having a "an artist's temperament" and indicates he respected her more than his father. He describes his father as an extravert, who had a number of community interests. At the end of the autobiography, he lists a variety of information that he "forgot to include." Of note, he references quarrelling a lot with his brother, but generally having a friendly relationship, although he viewed himself as being superior in intellect and in strength of will. He noted he enjoyed building structures out of wooden blocks and playing with his chemistry set. He references one friend, whom he describes as a "rather dull fellow with average intelligence and not too interesting." He viewed himself as being collectively regarded as a shy, hard working student.
The autobiographical notes completed in 1979 provided a much more detailed account of Mr. Kaczynski's view of his history. This is divided into various age periods and separated into the periods zero through age nine; age 10 to 15; age 16 to 20; age 20 to 24; age 24 to 27; and then from age 27 on (to age 37). The original copy is handwritten.
It is of note that after leaving his job at the University of California at Berkeley, Mr. Kaczynski spent approximately two years attempting to locate a piece of wilderness land upon which he could live, isolated from society. In 1971 he succeeded in building a small cabin on a piece of land that he purchased in conjunction with his brother, in Lincoln, Montana. From 1971 until his arrest on 04/03/96, Mr. Kaczynski's primary residence was HCR 30, Box 27, Lincoln, Montana 59630. The cabin was situated a short distance off a road, but the approximately one and one-half acre of land provided him solitude and ready access to wilderness area. Although he had neighbors in the vicinity, he was able to maintain minimal contact with them if he so chose. During that time period, he made an effort to live off the land and over a period of years, developed increased sophistication with identification of edible plants, gardening, food preservation, hunting, and game preservation, and developed some necessary skills in the area of tool making and sewing. The cabin was not equipped with any plumbing and his water supply was provided by a creek located near the cabin. He did not have any electricity at the house, although hook up was available nearby. During the early years of his residence there, he had a car and subsequently for a short time a pick up truck. After that, he maintained a bicycle for transportation or walked into town, where he had access to public transportation. The cabin was located approximately four miles outside of Lincoln. Mr. Kaczynski remained there, except for several short periods where he traveled and sought employment to earn some money. He was provided with a minimal stipend from his parents throughout this time period and used the money he had originally earned at Berkeley and other intermittent jobs to support himself. He estimated that it generally cost him less that $400 a year to live, after he became established in his routine.
In June 1969, after leaving his job at Berkeley, Mr. Kaczynski moved to Lombard, Illinois to stay with his parents. That summer he and David traveled to Canada, looking for a piece of wilderness land for Mr. Kaczynski to buy. He applied for permission to purchase land in British Columbia. During that time, David was enrolled at Columbia University. Following his graduation in 1970, David moved to Great Falls, Montana. Throughout the summer of 1970, Mr. Kaczynski continued to look for wilderness land in Alaska and subsequently learned that his application for land in Canada was denied. He had a short period of employment for a few months at the end of 1970 with Abbot Consultants in Elmherst, Illinois. In the summer of 1971 he purchased his land in Lincoln, where he built his cabin with minimal assistance from his brother. During the period of late 1972 until December 1973, Mr. Kaczynski worked at a variety of jobs in Chicago and Salt Lake City, Utah. He returned to his cabin in Montana in June 1973. In September 1974, for two to three weeks, he worked at a gas station in Montana, earning a few hundred dollars. In January 1975 he traveled to Oakland, California, and returned to his cabin in March. In May 1978 he returned to Chicago in search of work and obtained employment at Foam Cutting Engineers, where his father and brother were employed. He continued in that job for about a month, until he was fired. He was subsequently employed by Prince Castle from September 1978 until March 1979. After quitting his job at Prince Castle, he lived with his parents in Lombard, Illinois and in the early summer of 1979 returned to his cabin in Montana. He remained there until mid 1980, when he traveled to Canada, again in search of wilderness land. Upon his return and with his lack of success in finding wilderness, he settled into his cabin where he remained in residence until the time of this arrest on the current charges.
While residing in his cabin, he would regularly travel to town for supplies, go to the Post Office, and use the Library. Periodically he would travel beyond Lincoln. This was usually accomplished by bus.
Sometime in the 1980s, Mr. Kaczynski decided to study Spanish. He claims he acquired an old Berlitz Spanish instruction book for a few dollars and used that as the basis for his studies. His writings show that he practiced his Spanish by doing translations and corresponded with an Hispanic, (REDACTED), to assist in practicing the language. Review of information from his cabin snows that he also translated material that he viewed to be more sensitive into Spanish in his journals.
Over the time period from 1969 until his arrest, Mr. Kaczynski recorded many of his thoughts, ideas, and activities in writing and maintained these writings in his cabin. He also maintained correspondence with his family over a number of years and saved much of that correspondence. Review of these extensive writings provides a narrative and his own analysis of his life and behaviors.
The following information is a composite of that obtained through review of the extensive writings completed by Mr. Kaczynski. Throughout his writings and conversations, he focuses on the fact that he was moved from the fifth to seventh grade. He identifies this as the cause of his lack of development of social skills, a problem that continues with him to the present. Between the seventh and 12th grade, he perceived "a gradual increasing amount of hostility I had to face from the other kids. By the time I left high school, I was definitely regarded as a freak by a large segment of the student body." He describes a number of incidents in his junior high and high school years, including a discussion of making a small pipe bomb in chemistry, which gained him some notoriety. He described himself as having "frustrated resentment towards school parents, and the student body" which often was given outlet through "snotty behavior in the classroom which often took a sarcastic or crudely humorous turn."
He admits that he was "probably a very difficult teenager to live with" and that his parents "were in some respect generous and unselfish." He describes developing a "system of morality that evolved into an abstract artificial construction that could not possibly be applied in practice" but never telling anybody about this system because he knew they would never take it seriously. At the same time, he describes looking for a way to justify hating people. At times in his writings, he focuses, in an extraordinary amount of detail, on passing or short lived relationships or potential relationships with females. This is illustrated by his discussion of his relationships with (REDACTED) when he was 10, (REDACTED) when he was 16, (REDACTED) when he was 17, (REDACTED) when he was 32, "Ms. Z" when he was in graduate school, and (REDACTED) when he was 36.
Mr. Kaczynski writes about his experiences at Harvard and in essence describes a very isolated existence, with only infrequent interactions with other students. It was not until his sophomore year that he made a few brief friendships, but due to circumstances they did not persist. As noted, in his sophomore year he participated in a research study at Harvard, conducted by Professor Murray, which looked at the psychological functioning of young men at Harvard.
Mr. Kaczynski claimed in his writing, that during his college years he had fantasies of living a primitive life and fantasized himself as "an agitator, rousing mobs to frenzies of revolutionary violence." He claims that during that time he started to think about breaking away from normal society. He describes that beginning in college he began to worry about his health in particular ways, always having a fear that a symptom could result in something serious. He also claims that during high school and college he would often become terribly angry because he could not express that anger or hatred openly. "I would therefore indulge in fantasies of revenge. However, I never attempted to put any such fantasies into effect because I was too strongly conditioned ... against any defiance of authority. To be more precise, I could not have committed a crime of revenge even a relatively minor crime because of my fear of being caught and punished was all out of proportion to the actual danger of being caught." He describes that as a result, he had little comfort from his fantasies of revenge. He describes a vivid memory of a nightmare in his senior year at Harvard wherein he saw his trombone teacher standing in a room looking like a noble old man, he then saw a mist and heard angels, and when the mist cleared the teacher had been transformed into a bent, senile, old wreck. He describes at length his inability to figure out whether or not he was attractive to women and references a passing comment of a friend of his family's at the age of 15, that made him believe he was quite attractive.
During the time period after leaving Harvard, he began to study information about wild edible plants, and began to fear the possibility of being drafted. He spent some time hiking and learning about the wilderness.
Upon completion of his work at Harvard, Mr. Kaczynski chose to go to the University of Michigan because it was the only one of the three graduate schools to which he had applied that provided him with a teaching fellowship. He found the teaching experience difficult and the quality of the program not to his liking. He became involved in some research and succeeded in publishing several papers concerning mathematical theory and problem solving. He describes his work at Michigan as being viewed as exceptional by the instructors. Nonetheless, he also describes having virtually no social life there.
It was during that period of time that he was staying at a rooming house, managed by a graduate student, (REDACTED). He began to experience difficulty with the noise from the other rooms, particularly the sounds resulting from sexual activity of other renters. He reported the noises he heard in the house to the University System, with the hope that action would be taken against Mr. (REDACTED). He describes three experiences where he perceived he overheard the landlord providing negative information about him which subsequently resulted in a negative outcome. The first involved an Engineering student by the name of (REDACTED), who was coming over to get help with math problems. Although Mr. Kaczynski couldn't clearly hear a conversation, he eventually heard a statement by (REDACTED) indicating that he had "only come to get help with math." He perceived that Mr. (REDACTED) must have said something negative to (REDACTED) about him. On the second occasion, he had given an individual information about rooms to rent at the house where he was residing. Again, he heard a voice which he thought belonged to the individual he had spoken with, but he never came up to see him, and the next time he saw him, he was snubbed by him. On the third occasion, he had received a letter from his mother referencing that the daughter of some of their friends was interested in the woods and might like to look him up; they had given her his address. Subsequently, several weeks later he thought he overheard a woman's voice in the foyer area of the house and Mr. (REDACTED) say "Oh hi (REDACTED)" and then he said something negative about him, and the woman left without ever visiting him.
He writes, "During my years at Michigan I occasionally began having dreams of a type that I continued to have occasionally over a period of several years. In the dream I would feel either that organized society was hounding me with accusation in some way, or that organized society was trying in some way to capture my mind and tie me down psychologically or both. In the most typical form some psychologist or psychologists (often in association with parents or other minions of the system) would either be trying to convince me that I was "sick" or would be trying to control my mind through psychological techniques. I would be on the dodge, trying to escape or avoid the psychologist either physically or in other ways. But I would grow angrier and finally I would break out in physical violence against the psychologist and his allies. At the moment when I broke out into violence and killed the psychologist or other such figure, I experienced a great feeling of relief and liberation. Unfortunately, however, the people I killed usually would spring back to life again very quickly. They just wouldn't stay dead. I would awake with a pleasurable sense of liberation at having broken into violence, but at the same time with some frustration at the fact that my victims wouldn't stay dead. However, in the course of some dreams, by making a strong effort of will in my sleep, I was able to make my victims stay dead. I think that, as the years went by, the frequency with which I was able to make my victims stay dead through exertion of will increased." In the same period of time he experienced low morale and mood.
In the summer after his fourth year, he describes experiencing a period of several weeks where he was sexually excited nearly all the time and was fantasizing himself as a woman and being unable to obtain any sexual relief. He decided to make an effort to have a sex change operation. When he returned to the University of Michigan he made an appointment to see a psychiatrist to be examined to determine if the sex change would be good for him. He claimed that by putting on an act he could con the psychiatrist into thinking him suitable for a feminine role even though his motive was exclusively erotic. As he was sitting in the waiting room, he turned completely against the idea of the operation and thus, when he saw the doctor, instead claimed he was depressed about the possibility of being drafted. He describes the following, "As I walked away from the building afterwards, I felt disgusted about what my uncontrolled sexual cravings had almost led me to do and I felt humiliated, and I violently hated the psychiatrist. Just then there came a major turning point in my life. Like a Phoenix, I burst from the ashes of my despair to a glorious new hope. I thought I wanted to kill that psychiatrist because the future looked utterly empty to me. I felt I wouldn't care if I died. And so I said to myself why not really kill the psychiatrist and anyone else whom I hate. What is important is not the words that ran through my mind but the way I felt about them. What was entirely new was the fact that I really felt I could kill someone. My very hopelessness had liberated me because I no longer cared about death. I no longer cared about consequences and I said to myself that I really could break out of my rut in life an do things that were daring, irresponsible or criminal." He describes his first thought was to kill someone he hated and then kill himself, but decided he could not relinquish his rights so easily. At that point he decided "I will kill but I will make at least some effort to avoid detection so that I can kill again." He decided that he would do what he always wanted to do, to go to Canada to take off in the woods with a rifle and try to live off the country. "If it doesn't work and if I can get back to civilization before I starve then I will come back here and kill someone I hate." In his writings he emphasized what he knew was the fact that he now felt he had the courage to behave irresponsibly.
Mr. Kaczynski describes in his writing and on interview, that these thoughts went through his mind in the time it took to walk about one block. This new understanding persisted from that point on in his life. He developed a plan to complete his degree and to work for two years, so as to save enough money to live in the wilderness. As already noted, this plan was accomplished through teaching for two years in Berkeley and subsequently locating land and building his cabin in Montana. During that time period he writes that he would have to discipline himself to avoid reading newspapers except occasionally because if "I read papers regularly I would build up too much tense and frustrated anger against politicians, dictators, businessmen, scientists, communists, and others in the world who were doing things that endangered me or changed the world in ways I resented."
In the early 1970s Mr. Kaczynski wrote an essay summarizing some of his ideas and made an effort to circulate it to others who might share them. He received no responses. In essence, the essay outlined his response to a book written by Jacques Ellul called "The Technological Society." In correspondence to Professor Ellul, he describes reading the book at least six times. He discussed both that and ideas put forth in another book "Autopsy for Revolution." In his own essay, Mr. Kaczynski presented his ideas that the continued scientific and technical progress within society would inevitably result in the extinction of individual liberty. He describes that the power of society to control the individual was rapidly expanding and references issues such as propaganda, educational guiding of children's emotional development, operant conditioning, direct physical control of emotions via electrodes and "chemitrodes," biofeedback training, memory pills and other drugs, genetic engineering, development of super human computers with intellectual capacities beyond anything humans are capable of, and electronic devices for surveillance. His proposal was to found an organization dedicated to stopping federal aid to scientific research, to prevent the inevitable outcome of the "ceaseless extension of society's powers."
He wrote in his journal about him not fitting into organized society and not wanting to fit into it, and seeking avenues of escape from it. In his words in the early 1970s, he wrote "True I would not fit into the present society in any case but that is not an intolerable situation. What makes a situation intolerable is the fact that in all probability, the values that I detest, will soon be achieved through science, an utterly complete and permanent victory throughout the whole world, with a total extrication of everything I value. Through super human computers and mind control there simply will be no place for a rebellious person to hide and my kind of people will vanish forever from the earth. It's not merely the fact that I cannot fit into society that has induced me to rebel, as violently as I have, it is the fact that I can see society made possible by science inexorably imposing on me."
Near the end of his autobiography in 1979, Mr. Kaczynski describes his motives for writing, to include that he intended to start killing people and that when caught, he was concerned people would perceive him to be a "sickie." His writings were an effort to prevent the facts of his psychology from being misrepresented. He also describes some type of relief, sexual or otherwise, he obtains by writing. He describes his sources of hatred as his perceived social rejection and the "fact that organized society frustrates my very powerful urge for physical freedom and personal autonomy." He also describes experiencing anger from other sources and then turning his hatred towards organized society.
Another continued description of Mr. Kaczynski's history and development is provided by a reading of the extensive correspondence with his family. After determining that a major cause of his frustration and discomfort in life was the psychological abuse by his parents, he carried on an very ambivalent relationship with them as evident through his letters. These show a wide range of affect and are often degrading, controlling, and yet at the same time continue over a number of years. He persistently seeks apologies from his parents for what they have done to him, but no type of apology they offer satisfies him or is viewed as sincere or acceptable. The relationship with his brother David, is also clearly outlined. Interspersed in the correspondence are letters to various local and national government agencies regarding requests for information about radiation, parasitic infections, sonic booms, etc.
Mr. Kaczynski's mother, Wanda, and his brother, David, were interviewed together during the evaluation. They were allowed ample time to provide any information that they believed might be pertinent about Mr. Kaczynski's life prior to arrest. Evident was a sense of guilt on David's part, for feeling compelled to assist in having his brother arrested. Wanda Kaczynski clearly was experiencing significant distress as she tried to develop an understanding of what had happened with her son over the years. Both of them provided a significant amount of detail about various instances and events in Mr. Kaczynski's life. His mother identified her amazement that "out of the blue" Mr. Kaczynski would express extreme anger and go into excessive detail about relatively minor events. She used an example where she had yelled at both sons about their need to put dirty socks in a hamper. Twenty years later she received a letter from Mr. Kaczynski in which he scolded and demeaned her for not understanding that it was normal for adolescents to have sloppy rooms. Both Wanda and David Kaczynski recounted several periods of acute withdrawal by Mr. Kaczynski. The initial incident occurred on the plane, when Mr. Kaczynski and his father were returning from a visit to Harvard. Apparently he was angry and withdrawn and refused to talk. A second episode occurred while David and Mr. Kaczynski were on a trip, hiking in the woods. Mr. Kaczynski apparently sat down on a log, and by David's account, was essentially nonresponsive for several hours. After that period of time he seemed to resume normal activity. The third episode occurred when his parents were visiting in Montana, at David's apartment. Apparently Mr. Kaczynski experienced that episode in the living room and remained unresponsive throughout the late afternoon and evening hours. It is notable that the family may not have perceived this as particularly unusual at the time, in that they all went to bed without resolution of the situation. It was evident during my interview with them, that they have a tremendous need to try to understand the events that have happened, and in that light present material in a somewhat conclusary fashion. Nonetheless, they were able to provide additional detail about a variety of events Mr. Kaczynski had written about in his journals or had discussed on interview.
Collateral information indicates that over an extended period of time, ranging from the early 1970s, Mr. Kaczynski is alleged to have been involved in a variety of acts of vandalism and violence. A description of those events provides a complimenting view of the history described in his autobiography and journals. His writings obtained in the cabin also include detailed accounts of the activities alleged to have occurred. The materials are voluminous, organized, and some of them are in Spanish or coded with a complicated code allegedly developed by Mr. Kaczynski. After solidification of his ideas in the fall of 1966, it appears that he organized his life and behavior around his belief system. He reacted against individuals in the area by ruining equipment, stealing things, or attempting to harm individuals through use of wires and traps. His writings describe him thinking seriously about and planning to murder a scientist in 1971. During the later 1970s, he began experimenting to create explosive devices that could succeed in killing individuals. He also describes thoughts of harming people whom he felt had humiliated him. Specific examples of this described in collateral information and during interviews, include his plans to mutilate the face of (REDACTED), after he felt she degraded him by her lack of interest in a continuing romantic relationship.
His writings show him to be associated with placing a bomb at the University of Illinois in May 1978 which partially exploded. It is alleged that in May 1979 he placed a bomb contained in a cigar box which exploded when John Harris, a student at Northwestern University, opened it. It is alleged that in November 1979 he succeeded in getting a bomb aboard American Airlines Flight 444 from Chicago; the bomb exploded en route, causing an emergency landing. It is alleged that in June 1980 he mailed a bomb to Percy Wood, which exploded causing injury. It is alleged that in October 1981 he placed a bomb at the University of Utah in Salt Lake City, which detonated without injury. It is alleged that in May 1982 he sent a bomb to Professor Patrick C. Fischer at Vanderbilt, which was opened by his secretary, Janet Smith, causing serious injuries. It is alleged that in July 1982 he placed a bomb that exploded when it was moved by Professor Diogenes Angelakos, Director of Research at the University of California at Berkeley. It is alleged that in June 1985 he mailed a bomb to Boeing, which was detonated without in injury. It is alleged that in May 1985 he placed a bomb at the University of California at Berkeley which resulted in John Hauser being seriously injured. It is alleged that in November1985 he mailed a bomb from Salt Lake City to Dr. James McConnell, who along with his assistant were injured. It is alleged that in February 1987 he placed a bomb disguised as a road hazard at CAAMS, Inc., in Salt Lake City which exploded and injured an employee. It is alleged that in December 1994 he mailed a bomb from San Francisco that exploded and killed Thomas Mosser in North Caldwell, New Jersey. It is also alleged that he mailed a variety of correspondence to individuals and newspapers describing the activities as perpetrated by an anarchist group called FC (Freedom Club). It is alleged that he mailed correspondence to several individuals and newspapers to outline demands to have the documented entitled "Industrial Society and Its Future" published.
In regard to his current offenses, he is charged with mailing a bomb to Rentech Computer Company which exploded on 12/11/85, killing Hugh Scrutton. He is also charged with seriously injuring Charles Epstein a geneticist at the University of California and Professor David Gelernter a professor of Computer Sciences at Yale in New Haven, Connecticut by bombs which exploded respectively on 06/22/93 and 06/24/93. He is charged with the death of Gilbert B. Murray, as the result of a bomb mailed to him which exploded in Sacramento, California. Extensive information regarding the nature of the bombs and intended use of the bombs was available from the writings of Mr. Kaczynski.
Mr. Kaczynski was arrested on 04/03/96 at his cabin in Montana. He was detained while the cabin was searched and was subsequently transported to a jail facility in Montana. Thereafter he was transferred to Sacramento County Jail in Sacramento, California.
In regard to his legal representation post arrest, it is noted that at the time of his arrest Mr. Kaczynski inquired about the process of obtaining a Federal Defender as his attorney. He was subsequently represented by Michael Donohoe until he was moved to Sacramento. At that time a defense team consisting of Quin Denvir, Judy Clarke, and Gary Soward was established to represent him on the charges discussed above. For a several month period in the fall of 1997, he was moved from the Sacramento County Jail to FCI in Dublin, California due to his difficulty adapting to the noise of the jail in Sacramento. He was returned to Sacramento prior to trial so as to have closer access to his attorneys.
Prior to this evaluation, a number of other defense and prosecution retained clinicians had the opportunity to either interview Mr. Kaczynski, review his writings, or administer testing, and their declarations were made available. Data reviewed included copies of neuropychological testing conducted by David Watkins, Ph.D, Karen Froming, Ph.D., and Ruben Gur, Ph.D.; a Summary of Neuropsychiatric Evaluation of Theodore Kaczynski dated 11/15/97, prepared by Raquel Cur, M.D., Ph.D., and Ruben C. Gur, Ph.D.; and a listing of the names, addresses, and phone numbers of the defense and prosecution retained experts. As noted, the examiner had the opportunity to speak by phone with several of these clinicians.
Shortly after Mr. Kaczynski's arrest while still housed in Montana, Dale Watson, Ph.D., administered a battery of psychological tests to Mr. Kaczynski. No report of his findings is available, but the test results were interpreted and expanded upon by two other defense experts, Ruben Gur, Ph.D., and Karen Froming, Ph.D. On O6/15/96 and 06/16/96, Mr. Kaczynski was interviewed by Raquel Gur, M.D., Pn.D., and neuropsychological testing was conducted by Ruben Gur. It was Dr. Raquel Gur's impression that Mr. Kaczynski met the diagnostic criteria for Schizophrenia, Paranoid Type, and Dr. Ruben Cur's impression that the testing was not inconsistent with this. After sharing their opinions with Mr. Kaczynski, he refused to talk with them further and expressed his wish for his defense attorney to avoid further use of their services or bringing their findings to light.
Dr. Froming also interviewed Mr. Kaczynski in February 1997 and complete additional neuropsychological testing. She also reviewed previous testing done after he entered Harvard. Phone interview revealed that Mr. Kaczynski also had been administered the TAT (Thematic Apperception Test) during that period, but it had never been scored. She scored it and indicated that the themes he presented throughout the test consisted of people being dominated by others, that his responses showed no personal interactions through any of the cards, and showed a complete absence of affiliation. She opined that Mr. Kaczynski was suffering from Paranoid Schizophrenia. She indicated that Mr. Kaczynski refused to talk with her further after she shared her opinion with him.
David Foster, M.D., evaluated Mr. Kaczynski in late 1997 and opined that Mr. Kaczynski had an aversion to evaluation by psychiatrists and he suffered from Paranoid Schizophrenia. Mr. Kaczynski refused to talk with him further after he shared his opinions and was absent over the Christmas holiday period.
The declaration of Xavier Amador, Ph.D., was also reviewed. Although he did not see Mr. Kaczynski, he opined that he suffered from Schizophrenia and claimed Mr. Kaczynski's reluctance to submit to psychiatric evaluations and treatment were a hallmark of Schizophrenia.
The prosecution retained experts Phillip Resnick, M.D., and Park Dietz, M.D., M.P.H., Ph.D., did not have access to Mr. Kaczynski for interview, but based on review of erials and interview of people in the Lincoln, Montana area, they opined that Mr. Kaczynski would be capable of being evaluated by government psychiatrists and they saw no evidence that he suffered from delusions. They viewed his psychiatric problems as falling in the Schizoid or Schizotypal range of personality disorders. John T. Kenny, Ph.D., critiqued the neuropsychological testing that had been conducted with Mr. Kaczynski. He did not view the results to be specific to a diagnosis of Schizophrenia.
Phone interview of Sherry Woods, a librarian in Lincoln, Montana, was conducted during this evaluation. She was given an opportunity to share her observations about Mr. Kaczynski. Ms. Woods described that she liked Mr. Kaczynski, but she recognized his discomfort around people and that others would perceive him as different. She indicated she told new staff about him in order to help accommodate his differences in support of his continued Library use. She described him as extremely polite, quite and soft spoken, although she initially found his appearance as somewhat frightening. She described his ability to identify with her young child, whom she indicated shared some of the kinds of problems that Mr. Kaczynski may have had himself as a child. She noted that he patted her son on the shoulder twice, which is the only physical contact she ever saw him display over the 13 years of their acquaintance.
She described Mr. Kaczynski as living a life style consistent with his beliefs and admired him for that. She enjoyed talking with him about his beliefs and indicated he had very strong feelings against government. Although she had the idea that their conversations never changed his opinions, he patiently listened to her ideas and made her feel that her thoughts were worthwhile. He would come to the Library on the average of every week or two, and usually stayed from one to two hours in the reference room. She would attempt to read his mood when he entered the Library and so there were times when it was clear he was willing to talk, and other times when he wanted to be left alone. He ordered numerous books through the inter library loan program, including some that she described as deeply intellectual. He read a wide variety of books and magazines on birds, wildlife, biographies, and hypnotism. On one occasion when she had been feeling particularly burdened, he brought to her attention that he had written a letter to the librarian in Helena, Montana, and decided he would request his books through her to save work for Ms. Woods.
It was her belief that in the year prior to his arrest, he started changing and this scared her. She viewed him as more intense and focused, and less interested in interacting. She believed that this change was due to his concern for a friend of his who was an illegal alien and had been hurt on the job and then deported. At one point he showed her a letter he was writing to some government official regarding this subject, and she was surprised he gave it to her. He indicated to her that he was meeting with friends in Colorado or California to try to help his friend. During that time period he appeared more withdrawn and would spend two to three hours at a time "writing like crazy" and then he quit coming into the Library. She does indicate that over the years, he occasionally helped around the Library by boxing books, shoveling snow, cleaning up, or painting. At one point the Library planned an open house and Mr. Kaczynski came to that function. Ms. Wood indicated that she did visit Mr. Kaczynski in jail. He has been corresponding intermittently to her, but she indicates it is actually she who is trying to maintain the correspondence as a means of support. In the last several letters prior to Christmas, she perceived that he was feeling down so she has been writing more often. She believes that the significance of his situation is all "coming home to roost."
COURSE OF EVALUATION: This Court Ordered evaluation took place between 01/11/98 and 01/16/98. Medical examination was not completed by this examiner. Review of his records show that Mr. Kaczynski has undergone physical examination and laboratory studies both while in custody at FCI Dublin and the at Sacramento County Jail. Those records were available for review. In summary, Mr. Kaczynski is a 55 year old, white male, who is 5'9" tall and weighed 153 pounds as of 09/09/97. Blood pressure was noted to be 130/80 and pulse 54 . Outside of a refractive error and slight bradycardia, physical exam was within normal limits. Review of medical history indicated no known medication allergies. He had some history of seasonal allergies to ragweed, a tonsillectomy at age six, removal of congenital cyst of the upper jaw at age 13, removal of impacted wisdom teeth at age 22, removal of a benign skin lesion of the left neck in 1991, and fracture of the left fifth finger, resolved. He also gave a history of some palpitations but denied that this was a significant problem now except when he felt very anxious or stressed. Occasionally he has suffered from constipation but generally manages this with his diet. He intermittently suffers from insomnia. He also gave a history of hemorrhoids. Mr. Kaczynski denies any ongoing chronic medical problems, although he does indicate that over a period of approximately five years he monitored his blood pressure. This showed blood pressure values to be within an acceptable range. Family medical history is positive for cerebrovascular accident in his maternal grandmother at the age of 40 (REDACTED). His father was diagnosed as having metastatic lung cancer and prior to his death suffered from Reynauds Syndrome. (REDACTED). Mr. Kaczynski is currently on no medications but does take one multivitamin daily and uses ibuprophen for muscle pain secondary to exercise. He wears glasses for reading. He indicated that he generally felt well physically throughout this period of evaluation.
Review of medical records indicates that on 01/07/98, Mr. Kaczynski attempted suicide by asphyxiation. He used his underwear to fashion a tourniquet which he used in an attempt to asphyxiate himself. He suffered an abrasion to the right side of his neck. He describes getting dizzy and experiencing some dimming of his vision. At that point, he considered the negative potential outcome of being "brain damaged" and not succeeding in his suicide attempt and discontinued his efforts. It has been determined that he did not suffer any medical sequelae from that attempt. When this incident was discovered the following day by identification of the abrasion on his neck, he was moved from his housing status on the second floor to the eighth floor and placed on suicide watch. He was evaluated by Sacramento County Jail physicians at that time and diagnosed as having an Adjustment Disorder with Depressed Mood secondary to stress from his legal situation. Other diagnoses were deferred.
Routine laboratory studies conducted following his suicide attempt were within normal limits, except for an elevated triglyceride level that was considered to be nonfasting. He remained on suicide watch until 01/12/98.
Pertinent history in regard to the suicide attempt included the fact that Mr. Kaczynski had felt frustrated and depressed over the way his trial was progressing. He had developed conflicts with his attorneys which he viewed as impossible to resolve. He perceived that he would not be able to represent himself or obtain alternate counsel and decided to kill himself instead of proceeding to trial with a defense strategy that he did not want.
Information provided through the attorneys, Sacramento County Jail personnel, and the Jail records, indicate that Mr. Kaczynski has, with the exception of his suicide attempt, been a cooperative and easy to manage prisoner. His housing has been single cell, with limited access to exercise, and essentially no contact with other prisoners. He quickly understood the rules and routines of the jail setting and demonstrated an awareness of how to access medical care or intervention for other reasons. As noted, he did report significant sleep disturbance in the jail, which he attributed to excessive noise during the night time hours. He verbalizes a need for a full eight hours of sleep and it is unclear how accurate that assessment is. He did discuss the problem with Jail staff and for a short period of time was given a prescription for Melatonin. He claims some confusion occurred about dispensing the medication, and he was given an alternate medication. He did not take that medication, and decided not to pursue medications to aid his sleep cycle. Mr. Kaczynski reports that once he was moved to FCI Dublin, his sleep improved. Upon return to the Jail he was housed in a quieter area and has not had significant problems with insomnia since that time.
Mr. Kaczynski's mental status exam remained fairly consistent throughout the week of interviews. Description will be interspersed with pertinent historical mental status information. Mr. Kaczynski appeared as a slender build, gray haired, white male, who showed adequate hygiene and was dressed in orange jail clothing and a T shirt. He carried his glasses with him and utilized them while reading and writing during the interviews. He was oriented to person, date, time, place and situation. He understood tbe type and purpose of the evaluation and expressed his intent to cooperate. Throughout the evaluation he answered questions to the best of his ability, was able to discuss information, and relate a narrative without prompting. No abnormality of gait was noted. No psychomotor retardation was evident. There was no evidence of tremor, tics or unusual mannerisms. Eye contact was good, although when asked a question that he perceived as difficult, or one to which it appeared he was not sure how he should respond, he tended to look down and avoid further eye contact until his answer was prepared. During those times, he would also at times clench his hands together and pat them on the table, and appeared to be actually in some distress in his efforts to formulate a response. This only happened on a few occasions throughout the interviews. Speech was of normal rate and tone.
He did demonstrate some need for excessive explanation and often focused on details. In addition, the information he initially supplied in response to questions was frequently given verbatim from the information available in his voluminous writings. When pressed to expand on the issue, he presented some minor trouble in rewording his answer or in expanding or explaining it, but persisted with the examiner in an effort to accomplish the task. There was no evidence of the use of neologisms or clang associations. The volume of his speech was appropriate from a conversational standpoint and he would identify if he had any problems hearing a question or conversation above the noise of the jail. He seemed intent on clearly understanding questions posed to him. No evidence existed during the exam of any hearing problem. He showed the capacity to remain in the interview process for periods of several hours without demonstrating undue anxiety or restlessness. On one occasion he did identify to the examiner that he was nervous during the interview and he had not felt that experience with other individuals who were interviewing him regarding mental health issues. This topic was discussed, he was able to relax, and it did not interfere with progression of the evaluation.
Mr. Kaczynski denied any current suicidal ideation. He talked openly about his previous suicidal ideation and attempt on Wednesday. He admitted that he had felt desperate and could not perceive a suitable option. He chose to attempt to die instead of proceed with the trial process. He indicated that the experience in the attempt, in and of itself, had dissuaded him from further attempts utilizing that method and he does not anticipate having access to medication or sharp instruments with which to try suicide by an alternate means. He does admit that if he becomes suicidal again, he would not be likely to discuss this with anyone, and indicated that he did not believe that his efforts were stemming from depression. He was able to entertain the idea that if he were to develop suicidal ideation as the result of significant mood problems, he would be more willing to seek help or intervention. Mr. Kaczynski denied any current homicidal ideation, although he admitted to having significant anger towards a number of people.
Evaluation of his affect showed little variation from what would be expected in this type of evaluation setting. He showed some anxiety but denied depression now or in recent weeks. He did admit to moderate feelings of depression early in his period of detention and discussed several periods of depression throughout his life. He indicated that he believes in the period between 1978 and 1979 he was experiencing some degree of depression, accompanied by insomnia. He attributed this to a stressful life situation including a difficult situation he described on his job. He indicated that he had started a relationship with a female manager at the foam cutting plant where he was working with his brother and father. After three dates that relationship had failed. (REDACTED). He remembers contemplating suicide by hanging at that time, and then describes that he became full of rage and instead decided to take a knife and mutilate the woman. He proceeded to the parking lot at the work site and got into her car. At that time he changed his mind and again felt very sad. A second period of depression, that he relates was of longer duration, lasting from 1988 to 1994. Again he had intermittent trouble sleeping and felt that during that time he was under a great degree of stress. He denied any period of depression since that point in time. As noted above, Mr. Kaczynski did seek medical evaluation of insomnia which he believes was related to depression, on one occasion in 1993, and was prescribed Trazadone, but did not continue that prescription. He described his mood since the year prior to his arrest as consistently being about six on a scale of one to 10. He denied any periods of elevated mood and demonstrated none throughout the evaluation period.
Intelligence, as assessed within the interviews, appeared to be above average. Memory was excellent for immediate, short term, and long term recall for factual information. Concentration within the interviews was good. Mathematical ability to add, subtract, and multiply showed no evidence of problems. Mr. Kaczynski denied ever experiencing any type of hallucinatory phenomena. He was asked about auditory, visual, gustatory, olfactory, and tactile hallucinations, and persistently denied experiencing them now or in the past. In response to routine review of similarities and proverbs, he showed an ability for abstract thinking. Thought processes showed no evidence of looseness of association. Some tangential thinking was intermittently evident throughout the interviews. As noted, he had a need to provide excessive detail in an organized fashion. There was no clear evidence of thought blocking within the interviews. Despite pauses in his ability to respond to questions, he did not show loss of his train of thought.
Mr. Kaczynski did return repeatedly to the theme that he had been severely abused during childhood. On exploration of this issue, he described the abuse to be severe verbal psychological abuse. His perception seemed to be inconsistent with the data he provided to support his point of view, in that he over valued the negative impact of very minor statements and rather routine behaviors. He also demonstrated some suspiciousness and paranoia in the interviews, in that he continued to anticipate that the interviewer had a hidden motive or meaning to a question, and during each session would both verbally and in writing ask for additional detail and present additional arguments of positions or opinions that he had espoused during a prior session.
Mr. Kaczynski presented a clearly organized belief system that he was being harassed and harmed by modern technology. He stated that he believed that the system as it exists is bad and rebellion against it is justified. He further stated that freedom and personal dignity have greater importance than comfort and security. This belief system was explored at length with Mr. Kaczynski and it was evident that it had developed in his early 20s, during a period of time when he was feeling particularly isolated. This appear to stem from his acceptance of a variety of ideas that he had culled from reading books such as the "Technological Society" referenced above. It is interesting that he had not only latched onto the ideas that were presented, but had expanded them to the extreme and accepted the suggestions and premises, many of which were only opinions stated by the authors, as if they were fact. He has subsequently devoted his activities and time in rebellion against a future as he accepted it would be. In essence, the ideas that he collected and wrote about in the early 1970s remain the basis for his current belief system. He feels compelled to live a life of extreme isolation and to focus his energy against the aspects of society that are attempting to control the masses. This includes a focus on advertising, genetic engineering, computer technology, business, certain aspects of education, chemical companies, etc. He expresses philosophical and personal concerns about these issues and feels personally threatened by the potential advances in these areas. Included in this is his inability to critically read newspapers, magazines, and books to determine if statements carry any actual merit. He tends to collect pieces of literature, opinions, and comments that support his views and use them as justification for continuation of his ideas. Mr. Kaczynski has intertwined his two belief systems, that society is bad and he should rebel against it, and his intense anger at his family for his perceived injustices. He talks openly about his ability to direct his anger from one set of ideas to the other quite fluidly.
Upon extended interview, it was evident that Mr. Kaczynski is extremely sensitive to even minor criticism and tends to perceive this, or even an absence of encouragement or positive response from an individual, as a deliberate attempt at humiliation or harassment. He also tends to seek support and interaction in ineffective ways and will frequently write an individual believing that an innocuous question will provide a hint of the type of response that he is looking for from the person receiving his correspondence. Evident also is his inability to identify common social cues in the environment. Historically, this appears to have been a problem even before solidification of his ideas in the late 196Os and early 1970s. There is evidence of ideas of reference in review of Mr. Kaczynski's history over an extended period of time. Incidents within the environment involving noise or human activity are perceived by him as personally directed and he responds with extreme rage and a wish for revenge. As outlined in the body of this report, historically during certain time periods he has described examples of what appear to be ideas of reference in his belief that individuals who are talking at some distance from him, have him as a topic of their conversation and are speaking negatively about him, and are impacting in a destructive or hostile way on his well being.
Despite Mr. Kaczynski's ability for abstract reasoning in response to proverbs and similarities, he tends to concretely interpret the statements of individuals. He becomes quite focused on the words of a comment, to the exclusion of focusing on the actual meaning of the phrase. Although he demonstrated the capacity to use humor within the interviews, he could not interpret light comments or attempt at teasing within the interviews and needed to have an explanation to clarify the meaning of such interactions. When asked about the basis of his belief system he attempted to provide excessive supporting evidence. When challenged on the initial premise, he appeared perplexed and it was evident that he did not challenge the belief system on his own regardless of existing evidence.
An interesting behavior within the extended interviews, possibly related to his intelligence and familiarity with the mental health evaluation process since he has seen so many evaluators, was his effort to attempt to guess the correct response to a question by utilizing information from previous declarations and reports. When questioned, he attempted to answer in the direction opposite to what had been stated in the previous evaluation. If questioned about this, however, he became anxious that his initial plan was in error and that the interpretation in the previous report was actually not accurate. He would then become very concerned and confront the examiner as to why, with the assumption that the examiner was taking his response to be an affirmative for a pathological symptom instead of the absence of such. This behavior did raise some question about the honesty of his self-report in response to questions about specific symptoms of mental illness.
It does appear that Mr. Kaczynski's investment and convictions about the outcome of modern technology and the alleged abuse by his family are consistent with fixed belief in that he does not challenge them in response to new information. Both of these systems could be viewed as meeting the criteria of nonbizarre delusional beliefs. The certainty of this, however, is clouded by he duration of these beliefs and the adaptation he has made by extreme social isolation.
Mr. Kaczynski adamantly denies any experiences of thought insertion, thought broadcasting, mind control, or command hallucinations. He does describe a variety of fantasies and nightmares, and it is unclear through this evaluation, whether his report of those as occurring only while he is sleeping is accurate. Some of his writings discuss his ability to use his will to control the outcome of these experiences, and raises the question as to whether these are actually hallucinatory experiences rather than dreams and fantasies as he labels them.
Mr. Kaczynski's judgement is viewed as being poor, both from the basis of review of collateral information and observations within the interviews. He was unable to modify the presentation of his responses within the interviews to present information in a less negative light.
Evident throughout the interviews was marked ambivalence and this was apparent throughout his writings. He clearly exhibited the capacity to hold opposite and conflicting feelings toward the same person or issue, and showed no insight into this. He frequently expressed both hatred and a wish for revenge and love and affection for the same individual. He did show the capacity for sadness in interviews and would frequently tear up when remembering fleeting relationships he had with individuals. In that regard, it was noted that he tends to form very rapid intense emotional attachments to individuals, primarily women, but also men. (REDACTED). Historically, he has developed love relationships that were never reciprocated with individuals and maintained them for extended periods of time, idealizing them and at time devaluing them. An example is a relationship he wished he had developed with (REDACTED) when he was a young student at Harvard. He was able to identify that even at the age of 43, he had tracked her down and written her regarding the details of that relationship, which had never actually developed. He expressed regret that he had not heard back tram her. He also demonstrated a propensity to focus on passing comments in regard to his self-image and to utilize those comments and incorporate them in an unusual way into his thought processes. An example is referencing a comment made by an older Italian woman when he was 15, that he was beautiful boy, especially his eyes. It was not until 1994 at the age of 50, that he further explored this issue and asked another woman, whom he did not know well, whether he was physically attractive. He indicated she responded he was "run of the mill" and at that point in time he no longer wondered why he had never developed a successful relationship with a woman. As described, he had grappled with that issue for more than 30 years because he had been told he was physically attractive at the age of 15 and he held onto that belief; so he could never understand why women were not attracted. Having now been told by another female in 1994 that he was simply average in looks, it immediately provided him with an explanation for why he had never established a relationship with a woman.
No. Kaczynski was able to demonstrate a very detailed capacity to handle information, but showed little insight into the nature of his difficulties or the ways to approach current problem solving. Although when asked whether he could consider a variety of options, he would reply "yes," he would persist in demonstrating why he would not choose to do so, even if the explanation presented was inconsistent with available information.
Mr. Kaczynski is a prolific writer. There is much repetition in his writings, which he does not appear fully able to appreciate. He currently exhibits a preoccupation with a need to negatively portray his family, and has in the midst of trial preparations, spent over four months writing an angry accusatory manuscript to "set the record straight." This consists of a rehashing of all the perceived injustices and a detailed focus on descriptions of events and conversations. Again, throughout this document, his ambivalence is evident. He openly describes his propensity towards anger and the satisfaction he feels from an act of revenge. He describes periods of stress in his life that seen related with him focusing on projects such as writing the Refutation, developing a new experiment, or dealing with a perceived slight or humiliation. Coupled with this, he has had numerous periods of dysthymia and insomnia. He has demonstrated no change in his appetite and no significant gain or loss of weight. His current sleep cycle appears adequate.
Review of the issue of competency to stand trial began with a review of the events that led up to this evaluation. An initial meeting was held with all of the attorneys involved in this case to review the status of the proceedings thus far. Subsequently both the prosecuting and defense attorneys were interviewed separately to obtain their observations of the defendant and his abilities to follow courtroom proceedings and assist in his own defense. Through a supplemental Court Order, the examiner had the opportunity to review letters (12/18/97 and 01/05/98) and en camera proceedings regarding hearings that had occurred on 11/21/97 (referenced by the defendant as 11/25/97). Transcripts regarding en camera hearing on 12/18/97, 12/19/97, 12/22/97, 12/25/97, 01/05/98, and 01/07/98 were reviewed as well as the public transcripts for 11/21/97, 01/05/98 and 01/07/98.
Mr. Kaczynski was arrested on 04/03/96 and initially was in custody at a county jail in Montana. At that time he was represented by Michael Donahoe of the Federal Defenders' Office. Mr. Kaczynski describes forming a quick and close relationship with Mr. Donahoe (REDACTED). He identifies that throughout the several months he was held in Montana, he received a variety of letters through his attorney from private attorneys indicating an interest in representing him. He reports that Mr. Donahoe sorted through these letters and brought him a letter from Tony Serra to his attention, as one he might look as seriously. After reviewing the letter, Mr. Kaczynski determined that he would continue to utilize Mr. Donahoe. He believed that Donahoe would continue with his case even after he was moved to Sacramento. As the time approached for that move, Mr. Donahoe told him that he would not be continuing with his case. This precipitated an angry response from Mr. Kaczynski, although he claims that he was able to modify that the next day.
Upon arrival in Sacramento, Mr. Kaczynski was assigned to the team of Federal Defenders currently working on his case. He describes developing a close personal relationship with his defense team including the investigators and paralegals. He describes them as taking the place of his family. He indicates that his friendship with his attorneys has been excellent, but he has serious conflicts with them about his case. He is able to name the members of his defense team and identify them by sight. He indicates that someone from the team visits him once every few days and someone from the office sees him daily except weekends. Members of the team take messages to and from him.
Mr. Kaczynski indicates that early on he identified that he did not want to use a mental health defense in his case. He describes that nonetheless the question of psychiatric evaluation arose early in his period of detention. He did not like the idea of talking to a psychiatrist because he believes that "science has no business probing the workings of the human mind." Early on, he reluctantly agreed to some psychiatric and psychological evaluation by defense experts because he believed by taking neuropsychological tests he could prove that he was not mentally ill. He also indicates his belief that information obtained from those evaluations would remain an attorney/client work product and would not be released.
He believes that the question of competency to stand trial in his case arose because of his suicide attempt and because he expressed the conflicts he is having with his attorneys. His recent upset stemmed from his belief that he had been deceived by his attorneys in that declarations from their experts had been made available to the prosecution and information from those declarations came out in a hearing in November 1997. Observations by the prosecution and defense attorneys indicate that at the time Mr. Kaczynski became aware of this, he became agitated in the courtroom and threw a pen across the table. He subsequently addressed a letter to Judge Burrell expressing his wish for legal advice from an outside source to help him resolve conflicts with his attorneys. He also expressed his wish for his attorneys to be prevented from using a 12.2(b) defense and to have Mr. Soward removed from his defense team. He admitted that he had originally given his consent for a 12.2(b) defense but expressed his wish to withdraw that consent. He proposed that he might represent himself, with stand by counsel, or that a new attorney could be appointed to replace his present team. He further discussed why he could not endure the use of a 12.2(b) defense, indicating that because of the impact the frequent psychological abuse by his parents and schoolmates had created on him, he was now feeling subjected to a similar situation where he was subject to something he perceived as an injustice and was feeling helpless to defend against it or escape from it. He claimed that his attorneys were subjecting him to the same type of punishment that his parents had.
Mr. Kaczynski waited several weeks before submitting his letters (three) to Judge Burrell and indicates he did so in order to await completion of negotiations between the prosecution and defense, which could have resulted in the lack of necessity for a trial. He submitted the letters after the negotiations fell through. In these letters he also expressed his belief that his attorneys had originally promised to help him pursue "certain personal concerns of my own, even if these were inconsistent with my attorneys' professional concerns to do what is in my best interest in a legal sense. In particular I was led to believe that I would not be portrayed as mentally ill without my consent." Through the use of a conflict resolution attorney, Mr. Clymos, these issues appeared to be resolved in the eyes of the attorneys and the Court. On 01/05/98, at the beginning of the first day of the trial, Mr. Kaczynski provided information to Judge Burrell indicating that he needed to talk to him about a serious matter. He stated, "Your Honor before these proceedings begin, I would like to revisit the issue of my relations with my attorneys. It's very important, I haven't stood up because I'm under orders from the Marshals not to stand up." An ex parte and en camera discussion was held, wherein Mr. Kaczynski was able to identify that he did not want what followed in the discussion to constitute a waiver of any part of his attorney/client privilege. He provided the judge with his written account of his history of his relationship with attorney Tony Serra. He indicated his perception that again his attorneys had been less than honest with him. He referenced the earlier dispute with his attorneys which he claimed arose from the fact they had deceived him, and asked the Court to contact Mr. Serra to determine whether he was willing to represent him. Mr. Kaczynski presented the position that if his information was not accurate, he would apologize to his attorneys, but if it was correct then the conclusion would be inescapable that his attorneys have continued to deal with him in an underhanded fashion and in that case he could not cooperate with them because he could not rely on the truth of what they told him.
Mr. Kaczynski accused his attorneys of deliberately deceiving him in order to sabotage his attempts to consider a change of counsel. He went on to claim that that issue was not the only problem creating conflict. He expressed his concern that although the 12.2 (b) defense had been withdrawn, his attorneys still intended to resent evidence of mental illness through the use of lay witnesses at the guilt/innocence phase of the trial. He claimed that one of the sources of conflict between him and his attorneys was the fact that their values and attitudes were contrary to his and that he was under the impression that Mr. Serra's attitudes and values would be much more similar to his own. The Court then determined to appoint Mr. Kevin Clymos to represent Mr. Kaczynski's interest on the issue. Mr. Kaczynski indicated that his wish was to change counsel but then indicated that he was not sure he would want Mr. Serra as a replacement because he had not yet had the opportunity to speak to him. He continued that the root of his problem was that his attorney (Ms. Clarke) thought he was crazy and that is why she was insistent on representing him as crazy. The Court indicated that they would put Mr. Kaczynski's statement in the record and he objected, saying that his statement was conjecture and highly speculative. After speaking with Mr. Clymos, Mr. Kaczynski indicated that (REDACTED).
In the 01/07/98 hearing, continued discussion took place and Mr. Kaczynski indicated that he was willing to permit his attorneys to go ahead with the mental health defense in the sentencing phase because that was the best agreement he could get and he did not want to break up the defense team. He was going to defend himself with what was essentially "a symbolic victory" by eliminating the mental health defense in the guilt/innocence phase of the trial. During extended discussion at that hearing Mr. Kaczynski first indicated his intent to proceed with present counsel, even though he disagreed with the defense in the guilt/penalty phase. At the end of the hearing he expressed his wish to consult with Mr. Serra about representation.
On 01/08/98 Defense Attorney Clarke addressed the Court indicating that Mr. Kaczynski was making a request that he be permitted to proceed in the case as his own counsel. He expressed that it was a difficult decision but believed he had no choice but to go forward as his own attorney. Ms. Clarke indicated this was a very "heart felt reaction to the presentation of the mental illness defense, a situation which he simply cannot endure, so it is requested the Court permit him to proceed on his own behalf." Mr. Kaczynski did not request a delay in the trial and indicated that he would go forward on his own behalf as soon as the jury was sworn. After extended discussion regarding several issues of law, the Court determined that a competency evaluation should be conducted to assist in determining Mr. Kaczynski's competency to stand trial and represent himself. The defense indicated their position that he not only was wishing to refuse to allow them to present a mental illness defense at the penalty phase of the trial, but it was their impression that he could not bear for them to present that defense. Mr. Kaczynski voiced his opinion that he objected to having a competency evaluation because it was his position that he was competent. The Court subsequently indicated that it would proceed with ordering the evaluation and did.
Limited observations were available concerning Mr. Kaczynski's behavior in court, in that he waived his presence at most court hearings prior to jury selection. Prosecution observations during jury selection were that he was attentive and interacted with his attorneys. Defense attorneys did not raise the question of competency during the jury selection process. They were on record with their opinion that they had been able to accommodate Mr. Kaczynski's mental disorder and viewed him as competent to stand trial.
In discussion with Mr. Kaczynski about the issue of jury selection, he expressed a clear understanding of the selection process and indicated that he had provided his comments and review to his appointed counsel. He expressed his understanding of how the jury in his case had been selected and was able to discuss the pros and cons of the jury process in resolution of a legal proceeding. He expressed his preference to have a trial by jury even a situation where he would have the option to be tried by the judge. He also expressed his understanding that in a trial involving a potential death penalty, that the trial would have to proceed with a jury.
In specific discussion with Mr. Kaczynski around the issue of competency to stand trial, he was able to clearly articulate the problems in his relationship with defense attorneys in regard to choosing a defense in his case. He expressed an understanding why psychiatric issues, including a psychiatric evaluation, might arise in his case, by again noting his history of psychological verbal abuse beginning in adolescence that had continued as an issue for decades. He indicated that his mother and brother, in their interviews with the media, had portrayed him as mentally ill in an effort to cover up the history of abuse in his family. He believed that his attorneys portraying him as mentally ill would indicate they were helping his brother, an individual against whom he was experiencing considerable anger. He also indicated that his attorneys had used deception to get him to see the psychiatrist and psychologist defense experts. He indicated his own goal of refuting the image the family had portrayed of him since his arrest.
Mr. Kaczynski further indicated that he was aware of these potential conflicts with his attorneys much earlier but had focused with the defense team on the motion to suppress evidence during the first several months of 1997, knowing that should that be successful, the issue of mental illness would not need to be pursued. At present he indicates that he was not claiming that he was free of any psychiatric disorder and he would not object to the issue of a psychiatric disorder being raised; what he was concerned about was that the information would not be portrayed accurately and some of the facts that had been presented in declarations were already incorrect. He felt his statements had been taken out of context to make him sound paranoid. It was also his belief that his attorneys, in their wish to win the case and try for minimum penalty, were adamant about presenting a mental illness defense. He indicated his own goals were to also receive the least penalty possible and to be acquitted if possible, but he could only pursue this goal through something like a mental illness defense if he had an 80% chance of succeeding and being released. He indicated if that was the case, he would concede to a mental illness defense but it would be by his choice. He did not view himself as having an 80% chance of success. At present he felt his attorneys were forcing that defense upon him. He expressed a clear understanding of the 12.2(b) defense as not being an insanity defense and clearly articulated an understanding of the statute as allowing use of information regarding mental disease and defect bearing on the issue or guilt.
Mr. Kaczynski was able to explain a clear understanding of the insanity defense and was aware that his attorneys would require his permission to give notice of that defense. He claimed an ability to consider the use of the insanity defense, qualifying it by stating he would only consider that if he had a reasonable belief that in a short period of time (five years) he could be released. It was his impression, however, that if found to be insane he would spend his life in a prison hospital facility, an outcome he was unwilling to accept. He expressed a preference for death over life in prison, but at the same time denied having an interest in being put to death.
Mr. Kaczynski is also aware that his attorneys are capable and are perceived by the judge and prosecution as being such. He regretted his initial statement to the judge that he would not represent himself and felt that post his unsuccessful suicide attempt and a period of time to rethink the issue, he now had the energy to commit to attempting to represent himself adequately. He had no doubt that his skills would fall short of those of his present attorneys, but expressed his firm belief that although he could elect to use a mental illness defense, he was choosing not to do so. He realized his chance at success of being acquitted were slim, but felt that he could vindicate himself by saying he was not crazy in court. In that way, he felt he would only have one strike against him instead of two. He was able to compare the impact of having the prosecution present him as mean and dangerous versus the presentation by the defense of him being mentally ill and less than capable. He believed that the jury would somewhat discount the prosecution's presentation, as it was to be expected, but the mental illness presentation was potentially far more damaging to him personally.
During extended discussions, Mr. Kaczynski did indicate his belief that his attorneys were conventional and "part of the system." He imagined that Mr. Serra, who had been portrayed as much more of a rebel probably had views that were more against the system and had more in common with him. (REDACTED) he persisted throughout the evaluation period in expressing interest in exploring representation by Mr. Serra as a possibility. At the same time he realized that it was late in the trial process to change attorneys, and that the Court was not willing to appoint new counsel at this time. It was his perception that it would take Mr. Serra numerous months to prepare for trial. He also expressed his wish to resolve his legal situation in a prompt manner. He viewed his choices as self-representation or continuing with his current attorneys. He indicated he could not do the latter if they were able to proceed with a 12.2(b) defense over his objection.
Mr. Kaczynski was able to outline other conflicts he had with his attorneys, including the issue of publicity. He had been interested in writing letters to counter the image being presented by his family of him in the media. He discussed this with his attorneys and although he felt some pressure to conform, he had agreed with them not to write letters to the media and draw additional public attention to him at this point in the trial process. Nonetheless he spent approximately four months preparing a rebuttal to all he perceived as inaccurate in the public portrayal of him, and focused extensively on portraying his brother David in a negative light in these writings. He denied any intent on his part to attempt to delay the trial by making a suicide attempt. He described his perception that a successful attempt at the time he tried (the evening before trial) would have "made a statement," but that the opportunity for that was passed, in that he would now be too closely watched. He expressed his own opinion that he was competent to stand trial and his wish to be found as such, although he considered that, if found incompetent, the four month restoration period would potentially allow time for Mr. Serra to prepare a defense. He was able to consider the two schools of thought about legal representation, which included representing the client's best interest versus representing the client's expressed interest. It was his belief that representation should support the client's expressed interest.
Discussion with Mr. Kaczynski about his case revealed that he has an accurate understanding of the charges against him and the possible penalties if convicted. He explained the role of various participants in the legal process in some detail. This included the role of the judge, jury, prosecutor, and defense attorney. He expressed a full understanding of the plea bargaining process. He reviewed his own capabilities for self-representation and indicated that he had debated one of his attorneys in a hearing situation and felt he had bested him. He also claimed he had some teaching experience to fall back on in addressing the jury. He admitted his own perception that he would not do as well handling things extemporaneously as he could if he had time to prepare his responses. He expressed an understanding of the evidence available in his case. After much consideration he was able to respond to the question of what image he wished to present of himself during the trial. Initially he had only been able to protest against the image to be portrayed by the defense attorneys. It took him some time to be able to determine that he wanted to present himself as rational; a person having a valid point to make; a decent person who felt cornered; as socially vulnerable; in some ways a victim personally and via v the system; an individual who had his back against the wall; a person who lived a beautiful way of life in the woods and a person whose psychiatric disorder could serve as a mitigating factor. When questioned as to how this image differed from that potentially planned to be presented by the defense attorneys, he was unable to articulate a difference, but focused on his concern that his attorneys would not accurately present the facts. In essence, he wanted to present his slant on the factual information. This appeared consistent with his voluminous writing, wherein he attempts to dispute the descriptions and "facts" of the information provided by the media and his family. He was able to understand that his plan in presenting the image outlined above would require use of the 12.2(b) defense at least at the penalty phase, if that was reached.
Mr. Kaczynski expressed an awareness of the order of presentation in a trial such as his. He understood that he would have to listen through the prosecution's presentation of details of the alleged offenses, and expressed his opinion that he could tolerate that, although it might anger him. He had an understanding of the burden of proof and that he could choose to testify. He indicated he would prefer not to testify and denied any interest in using the courtroom to espouse his views. He was able to articulate that although his chances of acquittal were slim, he still wished to attempt acquittal. He recognized that although he could avoid any portrayal of him as mentally ill or chance of denigration of his life style by equating it with mental illness, by pleading guilty and not going to trial, he recognized that a trial was necessary to proceed with an appeal on the suppression issue. The latter still offered a glimmer of hope, which he intended to pursue.
REVIEW OF PSYCHOLOGICAL TESTING: Limited testing was available from Harvard, where Mr. Kaczynski had been involved in the Murray Study. The opportunity existed to review the Minnesota Multiphasic Personality Inventory profile. It was noted that the Si scale (introversion) had not been scored. Because a copy of the original answer sheet was provided, the scale could be scored. Significant in the profile was marked elevation on the introversion scale and a lesser elevation on the depression scale.
Mr. Kaczynski completed four psychological tests during the week of this evaluation, including the Minnesota Multiphasic Personality Inventory-2 and Millon Clinical Multiaxial Inventory-2 on 01/12/98, Beck Depression Inventory and the Draw a Person Picking an Apple From a Tree Test on 01/15/98.
On the MMPI-2 he presents a profile that is probably valid. He acknowledged more unusual experiences and perceptions than do most individuals, but not to a degree to suggest exaggeration or falsification. Instead, he appeared to approach the test items in an honest and straightforward manner, which included open admission of some strange thoughts, odd perceptions, and feelings of isolation and alienation. His validity profile is consistent with individuals who have psychotic disorders that are mainly in remission at the time of test administration. Overall, the profile should be an accurate reflection of his personality characteristics.
People who respond in similar ways on the clinical scale 0 (elevated in his profile with score of 74) are often described as introverted, shy, and socially insecure. They are uncomfortable with others and may avoid people, even at times when they could be helpful to him. They are likely to dislike and avoid social activities, and will actively keep others at a distance. They are described by others as cold and distant, and are unlikely to express their feelings directly. Despite their avoidance of others, they are very sensitive to what people think of them and may be troubled by the lack of relationships. Such people tend to worry and feel anxious, possibly with episodes of depression. They tend to have rigid and inflexible attitudes, becoming irritable when questioned or confronted.
People with the 4-6 two point code pattern (as evident in Mr. Kaczynski's profile with Scale 4=69, Scale 6=68) are described as viewing the world as threatening and feeling misunderstood or mistreated by others. Such people can be hostile, irritable, and demanding. They are commonly very self-centered and are not concerned about the rights of others. Indeed, they are often resentful of the success of other people and suspicious of their motives. In addition, these people can be impulsive and manipulative, frequently getting into conflict with family and authorities. They often have unstable family lives, personal relationships, poor work and educational histories, and legal problems. This profile is associated with stable characteristics and such people are very resistant to treatment interventions. They often deny that they have problems and are evasive about discussing them, sometimes refusing to talk about personal shortcomings at all. They avoid close relationships and have trouble getting along with those people with whom they do come in contact, including family members. Such people have vague goals and are indecisive about many aspects of their lives.
Similar to the MMPI-2, Mr. Kaczynski's responses to the Millon Clinical Multiaxial Inventory, Second Edition might be described as forthright and self-revealing. His pattern of item endorsement does not suggest overt attempts to exaggerate nor minimize psychological problems, and to the contrary appears to reflect a balance between self-protective and potentially self-effacing responses. The resulting clinical scale profile is viewed as a useful indication of his current personality functioning.
Modest elevations are present on clinical scales: Schizoid (l)=73; Avoidant (2)=71; Sadistic Aggressive (6B)=78. Persons with similar test results typically exhibit difficulties primarily characterized by hostile alienation. These persons often espouse overt disregard for or anger at significant others and other people in general. They may avow few or no attachments to others and deny experiences of either positive sentiments or feelings of guilt or shame. They relate to others primarily through threats or hostile posturing or overt aggression, but may prefer outright avoidance of social contacts. They are often seen as dogmatic and unyielding, and may espouse unusual social, political or religious ideas. They often view others as devalued and unimportant and may act in ways that others see as cold, unfeeling, or callous. Formal disorder in the flow and form of thought is not generally associated with this pattern of results, and marked sensory disturbances are not typically noted.
On the Beck Depression Inventory, a self-administered test designed to measure the depth or intensity of depression, he scored six which places him in the range of no or minimal depression. This is consistent with clinical presentation and his denial of any acute depression at this time.
The Draw a Person Picking an Apple from the Tree test was used to obtain a snap shot of Mr. Kaczynski's functioning at the time of the interview. He showed no evidence of a mood disorder, obvious thought disorder, intellectual dysfunction or organicity based on review of his drawing. He demonstrated good use of color and space and energy; the picture was logical, and demonstrated integrity, problem solving and realism. The drawing was highly detailed and appeared as a drawing done by an adult. There was not evidence of perseveration or rotation in line quality, and the drawing of the person were well developed.
COGNITIVE ASSESSMENT Neuropsychological testing including intellectual and memory testing was completed in May 1996, and was not repeated during this evaluation. Much of the previous review of this testing focused on whether any evidence of neuropsychological dysfunction was evident that supports the presence of mental illness. It is noted that the intent of neuropsychological testing is not to accomplish clinical diagnosis. For the purpose of competency to stand trial assessment, this examiner focused on the results of the Wechsler Adult Intelligence Scale-Revised (WAIS-R) and Wechsler Memory Scale-Revised (WMS-R), administered on O5/O1/96.
The WAIS-R results were Verbal Score of 138, Performance Score of 124, and Full Scale Score of 136. The split between Verbal and Performance IQ is large, but not significant, in that there is no impairment in the performance score and no specific deficits in any subtests. His scores reflect a very strong verbal ability level, with a lower, but still above average performance ability.
The results of the WMS-R are generally consistent with the overall intelligence testing with an exception of Visual Memory Score. This subtest is significantly lower that the others, but is at the average level, while the others are significantly above average. It appears that this score was low due to the effect of only one subtest, Visual Paired Associates I. The cause of this could not be ascertained during this evaluation period but the results do not impact significantly on the question of competency to stand trial.
IMPRESSIONS: According to the Diagnostic and Statistical Manual of the American Psychiatric Association, Fourth Edition I currently view Mr. Kaczynski as follows:
Schizophrenia, Paranoid Type, Episodic with Interepisode Residual Symptoms, 295.30 (Provisional)
Paranoid Personality Disorder, with Avoidant and Antisocial Features, 301.0 (Premorbid)
Status Post Tonsillectomy; Removal of Congenital Cyst of the Upper Jaw; Status Post Extraction of Wisdom Teeth; Status Post Fracture of Left Fifth Finger
Review of extensive collateral information and materials obtained through interviews, support at least on a provisional basis, a diagnosis of Schizophrenia, Paranoid Type, Episodic with Interepisode Residual Symptoms. Schizophrenia is a significant and complex major mental illness that is characterized by a mixture of characteristic signs and symptoms, in association with significant social and occupational dysfunction. The paranoid type of Schizophrenia is remarkable for the presence of preoccupation with one or more delusions, or auditory hallucinations in the context of relative preservation of cognitive functioning and affect. In Mr. Kaczynski's case, the symptom presentation involves preoccupation with two principle delusional beliefs. A delusion is defined as a false belief based on incorrect inference about external reality that is firmly sustained despite what all most everyone else believes, and despite what constitutes inconvertible and obvious proof or evidence to the contrary. Delusional thinking occurs on a continuum and it is sometimes difficult to differentiate between over valued ideas or preoccupations and delusional thinking. It is helpful at times, to review the belief system in association with the individual's behavior over time. In Mr. Kaczynski's case, it appears that in the mid to late 1960s he experienced the onset of delusional thinking involving being controlled by modern technology. He subsequently developed another strong belief that his dysfunction in life, particularly his inability to establish a relationship with a female, was directly the result of extreme psychological verbal abuse by his parents. These ideas were embraced and embellished, and day to day behaviors and observations became incorporated into these ideas, which served to further strengthen Mr. Kaczynski's investment in these beliefs. Preoccupation with these issues has been an ongoing factor in his ife. Review of his history suggests that his investment in these beliefs has varied somewhat over time, but there has been no period in the last 30 years in where he has shown a period of complete remission. Consistent with this diagnosis, for a significant portion of time since the onset of his illness, Mr. Kaczynski has shown marked social and occupational dysfunction in the areas of work, interpersonal relations, and possibly at times self-care. There is no clear evidence that this presentation is due to substance use, a general medical condition, or a mood disorder. Mr. Kaczynski's delusions are mostly persecutory in nature. The central themes involve his belief that he is being maligned and harassed by family members and modern society. Consistent with other individuals with persecutory types of delusions, he is resentful and angry, and fantasizes and actually does resort to violence against those individuals and organizations that he believes are hurting him. Mr. Kaczynski experiences ideas of reference, with his interpretation of these events being consistent with the persecutory nature of his delusional ideas. There is some indication that he may have also experienced erotomanic delusions. Although this issue has not been fully explored, it is evident that he has repeatedly developed idealized romantic attachments to women with whom he has little familiarity or contact. These women, for the most part, are unaware of the degree of his attachment. That he has maintained these idealized attachment over extended periods of time, is outlined extensively in his writings.
It appears that the onset of this disorder for Mr. Kaczynski was in his early 20s. It is likely that for many years he has intermittently experienced exacerbations in the intensity of this disorder. Those periods have been preceded by prodromal symptoms of depressed mood, insomnia, increased distractibility, and intensification of sexual identity problems.
This diagnosis is given on a provisional basis because of the limited duration of the diagnostic evaluation period and the fact that it would be useful to thoroughly review behavior and clinical symptomatology around those periods in Mr. Kaczynski's life that are closely associated with his charged criminal behavior.
Mr. Kaczynski also diagnosed as suffering from a premorbid Paranoid Personality Disorder with Avoidant and Antisocial Features. Review of his developmental history, adolescence and early adult life draws a picture consistent with the symptomatology associated with this type of personality disorder. Personality traits as defined in DSM IV are enduring patterns of perceiving, relating to and thinking about the environment and one's self that are exhibited in a wide range of social and personal contacts. When these traits are inflexible and maladaptive, and cause significant functional impairment or subjective distress, they are viewed as constituting a personality disorder. The essential feature of a personality disorder is an enduring pattern of inner experience and behavior tnat deviates markedly from the expectations of the individual's culture and is manifested by dysfunction in cognition, affectivity, interpersonal functioning or impulse control. The enduring pattern is inflexible and pervasive across a broad range of personal and social situations, and leads to clinically significant distress or impairment in social, occupational or other important areas of functioning. The pattern is stable and of long duration, and its onset usually can be traced to adolescence or early adulthood. Consistent with this type of personality disordered function, Mr. Kaczynski historically has shown pervasive distrust of others such that their motives are interpreted as malevolent. Symptoms consistent with Paranoid Personality Disorders that are evident in Mr. Kaczynski's presentation include that he suspects, without sufficient basis, that others are exploiting, harming, or deceiving him; that he reads demeaning or threatening meanings into benign remarks or events; that he persistently bears grudges and is unforgiving of insults, injuries or slights; and that he perceives attacks on his character or reputation that are not apparent to others, and is quick to react angrily or to counterattack.
In addition to meeting the criteria for Paranoid Personality Disorder, Mr. Kaczynski also has features of two other personality disorder types. Support for Avoidant Personality Disorder Traits includes that he has demonstrated a pervasive pattern of social inhibition, feelings of inadequacy and hypersensitivity to negative evaluations, beginning in his early life. Consistent with this, he has shown restraint within intimate relationships because of his fear of being shamed or ridiculed; he has been preoccupied with being criticized or rejected in social situations; and is inhibited in new interpersonal situations because of feelings of inadequacy. Consistent with Antisocial Personality Disorder Traits is his pervasive pattern of disregard for and violation of the rights of others. This includes his failure to conform to social norms with respect to lawful behaviors, as indicated by repeatedly performing acts that are grounds for arrest. This description is based on his own account of his behavior in his writings and interviews. Also consistent with his Antisocial Personality Traits is the characteristic of deceitfulness, as indicated by his persistent and elaborate efforts to conceal his behaviors. He has demonstrated a reckless regard for the safety of others. He demonstrates a lack of remorse as indicated in his writings by being indifferent to having hurt, mistreated, or stolen from others. Mr. Kaczynski falls short of carrying a diagnosis of Antisocial Personality Disorder in that he does not have evidence of a conduct disorder before the age of 15.
Mr. Kaczynski's medical history is not viewed as clinically significant at this time.
The diagnostic impressions outlined above are supported by extended clinical interviews of Mr. Kaczynski and review of his writings and behavior over a course of almost 40 years. The intensity of his preoccupation with his beliefs continues to be evident, even in his most recent writings (the Refutation) and is evident on careful review of his correspondence and journal entries during this extended time period. Understanding his symptom picture is complicated by the fact that he reacted to his situation by establishing a life of significant social isolation. What is evident, however, is that Mr. Kaczynski presents many of the characteristic signs and symptoms of Schizophrenia. His adolescence and college years were marked by an almost total absence of interpersonal relationships. Early psychological testing showed an extreme elevation on the introversion scale and associated depressive feelings that would be consistent with his alienation at that point in time. Projective testing done at that time (TAT) was remarkable for themes of being dominated by others and no evidence of personal interactions in the stories associated with the cards. Mr. Kaczynski recounts, in painful detail, his absence of any real or personal relationships with women, in addition to his absence of any consistent ongoing relationships with men. It is unusual for individuals suffering from Schizophrenia to complete graduate work at the Ph.D. level. Mr. Kaczynski, due to his superior intelligence, began his course of study several years ahead of his peer group and this may have contributed to his ability to complete his degree before symptoms of his illness became full blown. What is evident, was his inability to continue functioning at the level or continue in a highly stressful work environment.
Mr. Kaczynski appears to have experienced the onset of his illness in the summer and fall of 1966, while involved in graduate studies at the University of Michigan. He describes anxiety, depressive symptoms, and sexual confusion, culminating in crystallization of a belief system involving his ideas about the negative impacts of modern technology. He described that prior to that point in time, which occurred on the day of his visit to a psychiatrist at the University Health Center, he had chronic and nagging suspicions that he was suffering from a mental illness and that the problems he experienced were internally generated rather than a product of his environment. At that "turning point11 as he describes it, he completely abandoned that idea and projected the cause of his problems onto the environment and his family. That he spent considerable time collecting support for his views, is evident by review of his writings.
As outlined in detail in the body of this report, Mr. Kaczynski demonstrates marked ambivalence, some blunting of affect and inappropriate affect, and some difficulty integrating social information. Psychological testing performed during this evaluation does not show evidence of overt disorganization or psychotic symptomatology at this time. It is possible that the structure and socialization with people that Mr. Kaczynski has experienced since his arrest, have been therapeutic for his psychological functioning. It is also possible the duration of and adaptation to his symptoms play a role. The testing is consistent with an individual with superior intelligence, who has experienced a psychotic level of dysfunction, but is currently continuing to demonstrate the more consistent traits associated with paranoia, antisocial and avoidant behavior. The prognosis for change in Mr. Kaczynski's behavior is guarded, in that his symptom picture has been present for an extended period of time and treatment for people demonstrating his type of personality dysfunction is difficult. He has never actively been treated in an effort to modify his symptom picture and treatability cannot be ruled out. Treatment efforts, given his diagnostic picture, would include a combination of medication and supportive psychological intervention. He might also benefit from practical interventions in the areas of socialization.
In regard to the issue of competency to stand trial, it is my opinion that at the present time, despite the presence of significant mental illness historically and residual evidence of such problems at the present, Mr. Kaczynski is able to understand the nature and consequences of the proceedings against, and is able to assist his attorneys in his defense. Thus, I view him as competent to stand trial. Extensive interviewing around the issue of competence to stand trial in conjunction with the diagnostic assessment and review of extensive collateral material, support that Mr. Kaczynski does have an excellent factual understanding of the legal proceedings against and has an adequate rational understanding of these proceedings. He does have the ability to assist his attorneys in his own defense and the capacity to choose whether he will opt to assist them in presenting his defense. Mr. Kaczynski does describe goals for the trial process that might be viewed as somewhat inconsistent with maximizing the potential success of a defense to support his plea in innocence. It appears, however, that his motivation for his decision making in regard to his legal situation is not primarily his wish to clear his name and set the record straight about his family. His decision making, instead, appears to take into consideration a realistic review of the probability of various outcomes in his case, and supports his lack of interest in spending his life in prison as an alternative to being put to death if found guilty.
As described in detail above, Mr. Kaczynski has superior intelligence; he has the ability to read and interpret complex writing; he can contribute to review of documents; he has a full understanding of the roles of the various court personnel; he understands the charges against him and potential penalties if found guilty; he appreciates the nature of the proceedings and understands the likely sequence of events in a trial. Mr. Kaczynski has formed an unusual relationship with his defense team, in that he has quickly come to regard them as "friends and family." In some ways he has idealized his relationship with them, and at times can as easily devalue the relationship with individual members of the team. Nonetheless, he retains an awareness that they are a skilled group of individuals, who have provided him with good legal advice and maneuvering to date. He recognizes that continuing to utilize them in his defense would provide him with a higher level of representation than self-representation. He continues to wish to make the crucial decisions in his case, even if they could lead to less likelihood of a more lenient outcome.
Through the review of en camera proceedings, it was evident that Mr. Kaczynski was able to track the rather complicated discussion regarding legal issues in an area where the law was unclear. He supplied information and opinions at appropriate times, and was able to contain his verbalizations appropriately within that setting. Although his ambivalence about the future course of action was evident, he was able to demonstrate the capacity to arrive at a decision from available material. There was not evidence that his behavior became disruptive or aggressive during these stressful proceedings.
The opinion that Mr. Kaczynski is competent to stand trial despite the diagnoses that have been rendered, does take into consideration that at present, he is not demonstrating significant overt psychotic symptomatology. There is clearly evidence of residual delusional ideas. Upon extensive interviewing throughout this evaluation, Mr. Kaczynski has been able to challenge his beliefs to some degree and to consider alternative explanations for some of his claimed beliefs. This is not to say he has relinquished his ideas, but that he is capable of processing alternative explanations in regard to these areas as they impact on his case.
It is likely that Mr. Kaczynski will present some challenges during the trial process, regardless of whether he is represented by counsel or proceeds pro se. He will continue to focus on detail and be reluctant to separate out useful detail from unnecessary detail. He will continue to demonstrate his ambivalence and suspiciousness, and is likely to over value some information that may arise. His interactions regarding the possibility of resolving his current conflicts by acquiring new representation is an example of this issue. He does not have much insight into the fact that acquiring new representation will not necessarily resolve the types of conflicts he currently has with this defense team, who remain his main support system at this time.
In interacting with Mr. Kaczynski, it may be prudent to maintain awareness of his psychological functioning during interpersonal interactions with him. It is extremely important for him to feel included in the process and those interacting with him need to be aware of his tendency to suspect that others may be deceiving him and to read hidden meaning into benign remarks or events. An effort should be made to help him sort through his perceptions that any specific information is designed to attack his character.
In regard to Mr. Kaczynski's recent suicide attempt, it is not my impression that the attempt resulted from significant depression. Instead it appeared to be a considered action in response to a difficult situation. He will remain at risk of choosing suicide as an option throughout the remainder of the legal proceedings. It is unlikely that his will share his ideas on this subject with anyone. He has expressed his belief that he sees no disadvantage to death over life in prison. Should he be convicted and incarcerated, his risk of suicide would, in all likelihood, be a chronic issue. Those interacting with him should also be aware that he tends to form rapid attachments and over value relationships. It is important to be very clear with him what the purpose and intent of your interactions are with him, and for individuals to clearly define their roles in those interactions.
Sally C. Johnson, M.D.
Associate Warden of Health Services
Federal Correctional Institution
Butner, North Carolina