Title:
United States v. Kaczynski (2:96-cr-00259)
Subtitle:
District Court, E.D. California
Topic:
court documents
Date:
Jun 18, 1996 — Nov 9, 2016
United States v. Kaczynski (2:96-cr-00259)
District Court, E.D. California
Live Court Listener Website
Last Updated: Nov. 20, 2024, 4:06 a.m.
Assigned To: Garland Ellis Burrell Jr.
Referred To: Gregory G. Hollows
Citation: United States v. Kaczynski, 2:96-cr-00259, (E.D. Cal.)
Date Filed: June 18, 1996
Date Terminated: May 4, 1998
Date of Last Known Filing: Nov. 9, 2016
Nature of Suit: 130 Miller act
Jurisdiction Type: Federal question
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| Document Number | Date Filed | Description |
| 1 | 1996-06-18.001 | INDICTMENT by US Attorney Robert Steven Lapham Counts filed against Theodore John Kaczynski (1) count(s) 1–2, 3, 4, 5, 6, 7, 8, 9, 10 (old) (Entered: 06/18/1996) |
| 2 | 1996-06-18.002 | LETTER to court from counsel for plaintiff USA re: DFL and GEB were not involved with US Attorney’s Office (old) (Entered: 06/18/1996) |
| 3 | 1996-06-18.003 | ORDER by Honorable Lawrence K Karlton RECUSING himself pursuant to 28 USC 455(b)(1) as the judge to whom this case is assigned (old) (Entered: 06/19/1996) |
| 4 | 1996-06-18.004 | LETTER from Chief Judge William B Shubb adressed to Clerk of the Court and Chief Deputy Clerk stating Edward J Garcia has recused himself from this matter (old) (Entered: 06/19/1996) |
| 1996-06-18.005 | ARREST Warrant issued for Theodore John Kaczynski as ORDERED by Magistrate Judge John F. Moulds, bail set at NO BAIL (old) | |
| 5 | 1996-06-24.001 | APPLICATION by defendant Theodore John Kaczynski appointing counsel FD Quin Denvir (old) Modified on 06/25/1996 (Entered: 06/25/1996) |
| 6 | 1996-06-25.001 | ORDER by Magistrate Judge Peter A. Nowinski: GRANTING Federal Public Defender’s ex parte application for appointment of counsel; dft shall be liable to reimburse the Criminal Justice Act appropriation for part of costs of representation pursuant to further order of the court upon final disposition of the proceedings; without prior approval of the court, dft shall not transfer or encumber any property and shall not incur new debt; the Federal Public Defender shall file the original affidavit forthwith; the office of the Federal Public Defender is APPOINTED to represent dft Theodore John Kaczynski (cc: all counsel) (old) Modified on 06/25/1996 (Entered: 06/25/1996) |
| 7 | 1996-06-25.002 | CJA Form 23 (Financial Affidavit) as to Theodore John Kaczynski (old) (Entered: 06/25/1996) |
| 8 | 1996-06-25.003 | MINUTES before Magistrate Judge Peter A. Nowinski dft Theodore John Kaczynski arraigned; NOT GUILTY plea Attorney Quin Denvir present ; attorneys Steve Lapham, Robert Cleary, and Stephen Freccero appearing on behalf of the Government; stipulation and order for excludable delay findings of unusual or complex case; status hearing SET for 9am on 7/19/96 at parties’ request for Theodore John Kaczynski ; dft ordered to remain detained pursuant to Order of Detention issued in Montana C/R N/A (old) (Entered: 06/25/1996) |
| 9 | 1996-06-25.004 | TRANSCRIPT of June 25, 1996 on Arraignment before Magistrate Judge Peter A Nowinski by C/R Susan Vaughan (old) (Entered: 06/25/1996) |
| 10 | 1996-06-25.005 | ARREST Warrant returned executed as to defendant Theodore John Kaczynski defendant arrested on 6/19/96 (old) (Entered: 06/28/1996) |
| 11 | 1996-07-01.001 | RULE 40 Documents received from District of Montana case #MCV 96-6-H-CCL as to Theodore John Kaczynski (old) (Entered: 07/01/1996) |
| 12 | 1996-07-11.001 | APPLICATION by defendant Theodore John Kaczynski for appointment of second counsel [18 USC section 3005] (kb) Modified on 07/12/1996 (Entered: 07/12/1996) |
| 1996-07-11.002 | LODGED (Proposed) Order appointing Judy Clarke as counsel by dft Theodore John Kaczynski (kb) | |
| 13 | 1996-07-18.001 | ORDER by Judge Garland E. Burrell Judy Clarke, Executive Director of Federal Defenders of Eastern Washington and Idaho, is appointed as counsel for defendant Theodore Kaczynski pursuant to 18 USC 3005 (cc: all counsel) (kb) (Entered: 07/18/1996) |
| 14 | 1996-07-18.002 | STATUS CONFERENCE REPORT by defendant Theodore John Kaczynski (kb) (Entered: 07/18/1996) |
| 15 | 1996-07-18.003 | STATUS CONFERENCE REPORT by plaintiff USA (kb) (Entered: 07/18/1996) |
| 16 | 1996-07-18.004 | ORDER by Judge Garland E. Burrell status hearing reset for 9:00 9/20/96 for Theodore John Kaczynski ; the parties shall be prepared to advise the Court as to scheduling of pretrial motions; the parties shall file and serve joint or individual status conference reports no later than 9/13/96; excludable time T2 and T4 started 7/19/96 stopped 9/20/96 for Theodore John Kaczynski (cc: all counsel) (kb) (Entered: 07/18/1996) |
| 1996-07-18.005 | LODGED [Proposed] Order to continue status conference to 9/20/96 by dft Theodore John Kaczynski (kb) | |
| 1996-07-18.006 | LODGED Order declaring case complex and excluding time by pltf USA (kb) | |
| 1996-07-18.007 | LODGED Document (Proposed) Order appointing Judy Clarke as counsel by dft Theodore John Kaczynski not to be signed (kb) | |
| 1996-07-18.008 | LODGED Document [Proposed] Order to continue status conference to 9/20/96 by dft Theodore John Kaczynski not to be signed (kb) | |
| 1996-07-18.009 | LODGED Document Order declaring case complex and excluding time by pltf USA not to be signed (kb) | |
| 17 | 1996-09-06.001 | RELATED CASE ORDER by Judge Garland E. Burrell relating case 2:96cr259 with member case 2:96cv1574; the action denominated 2:96cv1574 is reassigned to Judge Garland E Burrell for all further proceedings and any dates currently set in this reassigned case only are hereby vacated; the parties are referred to the attached Order Setting Status (Pretrial Scheduing) Conference; henceforth, the caption on documents filed in the reassigned case shall be shown as 2:96cv1574 GEB JFM; the Clerk of the Court to make appropriate adjustment in the assignment of civil cases to compensate for this reassignment (cc: all counsel) (kb) Modified on 09/06/1996 (Entered: 09/06/1996) |
| 18 | 1996-09-13.001 | Government’s SECOND STATUS REPORT (old) (Entered: 09/13/1996) |
| 19 | 1996-09-13.002 | STATUS CONFERENCE REPORT by defendant Theodore John Kaczynski (old) (Entered: 09/13/1996) |
| 1996-09-13.003 | LODGED proposed Order continuing status conference to 11/22/96 at 9am; excludable time under T2 and T4 by defendant Theodore John Kaczynski (old) | |
| 1996-09-18.001 | LODGED Document proposed Order continuing status conference to 11/22/96 NOT USED (old) | |
| 20 | 1996-09-19.001 | WAIVER of dft’s presence at the 9/20/96 status conference by defendant Theodore John Kaczynski (old) (Entered: 09/19/1996) |
| 21 | 1996-09-20.001 | MINUTES before Judge Garland E. Burrell; US attorneys Robert Cleary, Steve Lapham, Stephen Freccero and Bernard Hubley present; dft not present; waived appearance; present for the dft attorneys Quin Denvir and Judy Clark; status hearing held on 9/20/96 ; court will issue an order; C/R Susan Vaughan (kb) Modified on 10/21/1996 (Entered: 09/20/1996) |
| 22 | 1996-09-20.002 | ORDER by Judge Garland E. Burrell: GRANTING request postponing the scheduling of pretrial motions and the trial date; excludables T2 & T4 started 9/20/96 to stop 11/22/96 for Theodore John Kaczynski ; status hearing SET for 9am on 11/22/96 for Theodore John Kaczynski; parties shall be prepared to notify the court as to notice, motion and trial dates; parties to file and serve joint or individual status by 11/15/96; reports to set forth views of each party on anticipated motions with suggested briefing schedules and hearing dates and the scheduling of future procedures; parties to strive to avoid placing in the reports and discussing at the hearing information that could undermine the dft’s right to an impartial jury (cc: all counsel) (old) Modified on 10/21/1996 (Entered: 09/20/1996) |
| 23 | 1996-10-01.001 | TRANSCRIPT of status conference hearing on 9/20/96 by C/R Susan Vaughan (kb) (Entered: 10/02/1996) |
| 24 | 1996-10-29.001 | CJA FORM 24 (Authorization and Voucher for Transcript Payment) for Theodore John Kaczynski (old) (Entered: 10/31/1996) |
| 25 | 1996-10-31.001 | MOTION to compel production of discovery relevant to challenging the cabin search by defendant Theodore John Kaczynski ; hearing set for 10:00 11/18/96 to be hearing by Magistrate Judge John F. Moulds; memorandum of points and authorities in support of motion (kb) (Entered: 11/01/1996) |
| 26 | 1996-11-08.001 | ORDER by Judge Garland E. Burrell for the purpose of continuity in the resolution of disputes brought before the magistrate judges in this case, and by random selection among the magistrate judges available to preside, this case is assigned to Magistrate Judge Gregory G. Hollows for all purposes for which criminal matters are normally referred to a magistrate judge, absent any retention of a particular matter by this court ; all presently scheduled motions will be heard before the magistrate judge assigned by this order on the dates heretofore noticed (cc: all counsel) (kb) (Entered: 11/08/1996) |
| 27 | 1996-11-12.001 | RESPONSE AND OPPOSITION by plaintiff USA to motion to compel production of discovery relevant to challenging the cabin search by defendant Theodore John Kaczynski [25–1] (old) (Entered: 11/13/1996) |
| 29 | 1996-11-15.001 | WAIVER of presence by defendant Theodore John Kaczynski for hearing on the motion to compel discovery currently scheduled for 11/18/96 at 10:00am (kb) (Entered: 11/15/1996) |
| 28 | 1996-11-15.002 | THIRD STATUS REPORT by plaintiff USA (kb) (Entered: 11/15/1996) |
| 30 | 1996-11-15.003 | STATUS CONFERENCE REPORT by defendant Theodore John Kaczynski (kb) (Entered: 11/15/1996) |
| 31 | 1996-11-15.004 | REPLY by defendant Theodore John Kaczynski to government’s response to motion to compel production of discovery relevant to challenging the cabin search by defendant Theodore John Kaczynski [25–1] (kb) Modified on 11/15/1996 (Entered: 11/15/1996) |
| 32 | 1996-11-18.001 | MINUTES before Magistrate Judge Gregory G. Hollows; Steve Lapham and Stephen Freccero present for the government; Quinn Denvir and Judy Clarke present for dft; dft not appearing-waiver; the court gave its tentative thoughts on the motion to compel production of discovery relevant to challenging the cabin search by defendant Theodore John Kaczynski [25–1] and stated the order would be issued by Friday of this week; C/R Susan Vaughan (kb) (Entered: 11/18/1996) |
| 33 | 1996-11-19.001 | ORDER by Magistrate Judge Gregory G. Hollows: motion to compel production of discovery relevant to challenging the cabin search by defendant Theodore John Kaczynski [25–1] is DENIED insofar as it contests the non-disclosure of administrative logs; the court expects that the government will forthwith disclose all other information initially at issue in dft’s motion that it agreed to disclose (cc: all counsel) (old) (Entered: 11/19/1996) |
| 34 | 1996-11-22.001 | MINUTES before Judge Garland E. Burrell Robert Cleary, Steve Freccero, Bernie Hubley present for government; Quin Denvir, Judy Clarke present for dft; status hearing held on 11/22/96; trial confirmation hearing set for 9:00 8/22/97; jury trial set for 9:00 11/12/97 for Theodore John Kaczynski ; dft’s motion to suppress filing date 3/3/97; government’s opposition 4/14/97; dft’s reply 4/28/97; oral argument 5/16/97 at 9:00am; government’s 404b motion filing date 3/3/97; dft’s opposition 4/14/97; government’s reply 4/28/97; hearing to be set at a later date; last filing date for other 12b motions except change of venue, discovery and motions in limine 6/2/97, oppositions due 7/14/97; replys 7/28/97; hearing 8/22/97; date for filing notices 6/2/97; dft’s motion for change of venue to be filed by 6/2/97; C/R Susan Vaughan (kb) Modified on 11/22/1996 (Entered: 11/22/1996) |
| 35 | 1996-11-22.002 | ORDER by Judge Garland E Burrell ORDERING the parties are GRANTED until 11/29/96 to lodge a proposed order memorializing the dates set in this aciton at the 11/22/96 status conference (cc: all counsel) (old) (Entered: 11/25/1996) |
| 1996-11-29.001 | LODGED PROPOSED SCHEDULING ORDER by plaintiff USA (kh) Modified on 11/29/1996 | |
| 36 | 1996-11-29.002 | OPPOSITION by plaintiff USA in 2:96-cr-00259 to proposal to drop “a/k/a FC” from case caption (kb) (Entered: 12/02/1996) |
| 37 | 1996-12-04.001 | ORDER by Judge Garland E. Burrell dft’s suppression motion and the government’s motion to admit evidence pursuant to Rule 404(b) shall be filed by 3/3/97; oppositions shall be filed by 4/14/97; reply briefs shall be filed by 4/28/97; argument on dft’s suppression motion is scheduled for 5/16/97 at 9:00am; if the parties agree that an evidentiary hearing is necessary, they shall propose a schedule for the evidentiary hearing by 5/2/97; if the parties cannot agree on this matter, the parties shall file briefs by 5/2/97 addressing the issue; all other Rule 12 motions and any notice required pursuant to Fed R Crim P 12.2 shall be filed by dft no later than 6/2/97; government’s opposition shall be filed by 7/14/97; dft’s reply shall be filed by 6/28/97; arguments for motions required to be filed by 6/2/97, will be heard on 8/22/97 at 9:00am; the parties are required to file trial confirmation statements no later than 8/8/97; trial confirmation hearing set for 9:00 8/22/97; jury trial set for 9:00 11/12/97 for Theodore John Kaczynski ; excludable time T2 and T4 started 11/22/96 stopped 3/3/97 for Theodore John Kaczynski (cc: all counsel) (kb) (Entered: 12/04/1996) |
| 1996-12-05.001 | LODGED Document Proposed scheduling order by pltf USA not to be signed (kb) Modified on 12/05/1996 | |
| 38 | 1996-12-05.002 | RESPONSE by defendant Theodore John Kaczynski to Government’s Opposition to proposal to drop “aka FC” from case caption [36–1] (old) (Entered: 12/05/1996) |
| 39 | 1996-12-19.001 | TRANSCRIPT of motion for discovery hearing on 11/18/96 by C/R Susan Vaughan (old) (Entered: 12/20/1996) |
| 40 | 1996-12-19.002 | TRANSCRIPT of status conference hearing on 11/22/96 by C/R Susan Vaughan (old) (Entered: 12/20/1996) |
| 41 | 1997-01-13.001 | CJA FORM 24 (Authorization and Voucher for Transcript Payment) for Theodore John Kaczynski (kb) (Entered: 01/17/1997) |
| 1997-01-17.001 | LODGED Order on application to compel the production of handwriting exemplars by pltf USA (kb) Modified on 01/22/1997 | |
| 42 | 1997-01-17.002 | APPLICATION by plaintiff USA to compel the production of handwriting exemplars (old) (Entered: 01/22/1997) |
| 1997-01-24.001 | LODGED Order submitted 1/17/97 not to be signed per Judge Gregory G Hollows’ instructions (old) | |
| 43 | 1997-01-24.002 | NOTICE of hearing by USA SETTING HEARING on Government’s application to compel the production of handwriting exemplars [42–1] for 9am on 2/13/97 before Judge Gregory G Hollows (old) (Entered: 01/27/1997) |
| 1997-01-29.001 | LODGED Document (old) | |
| 1997-02-03.001 | LODGED ORDER Stipulation and Order continuing hearing on motion to compel handwriting exemplars to 2/27/97 at 2:00pm by defendant Theodore John Kaczynski and plaintiff USA (old) | |
| 44 | 1997-02-05.001 | STIPULATION and order by Magistrate Judge Gregory G. Hollows CONTIUING HEARING on application to compel production of handwriting exemplars [42–1] to 2pm on 2/27/97; dft’s resposne to the goverment’s application DUE 2/10/97; government’s reply to dft’s response DUE 2/18/97 (cc: all counsel) (old) (Entered: 02/05/1997) |
| 45 | 1997-02-10.001 | OPPOSITION by defendant Theodore John Kaczynski in 2:96-cr-00259 to government’s application for handwriting exemplars [42–1] (kb) (Entered: 02/10/1997) |
| 46 | 1997-02-18.001 | REPLY by plaintiff USA to dft Kaczynski’s opposition [45–1] to the government’s application for handwriting exemplars [42–1] (kb) (Entered: 02/19/1997) |
| 47 | 1997-02-21.001 | SUPPLEMENTAL RESPONSE by defendant Theodore John Kaczynski to the Government’s application for handwriting exemplars [42–1] (old) (Entered: 02/21/1997) |
| 48 | 1997-02-21.002 | WAIVER of defendant’s presence by Theodore John Kaczynski (old) (Entered: 02/21/1997) |
| 49 | 1997-02-27.001 | MINUTES before Magistrate Judge Gregory G. Hollows re government’s motion for handwriting exemplars [42–1]; after a lenghty discussion the court gives its tentative thoughts and takes the matter under SUBMISSION; C/R Dennis McKinnon (kb) (Entered: 02/28/1997) |
| 50 | 1997-03-03.001 | TRANSCRIPT of motion for handwriting exemplars hearing on 2/27/97 by C/R Dennis F. McKinnon (kb) (Entered: 03/03/1997) |
| 51 | 1997-03-03.002 | NOTICE OF MOTION AND MOTION to suppress statements by defendant Theodore John Kaczynski ; hearing set for 9:00 5/16/97 before Judge Garland E. Burrell (kb) (Entered: 03/03/1997) |
| 52 | 1997-03-03.003 | NOTICE OF MOTION AND MOTION to suppress evidence by defendant Theodore John Kaczynski and memorandum of points and authorities in support of motion to suppress; hearing set for 9:00 5/16/97 before Judge Garland E. Burrell (kb) Modified on 03/03/1997 (Entered: 03/03/1997) |
| 53 | 1997-03-03.004 | DECLARATIONS AND APPENDICES in support of defendant’s motion to suppress [52–1] (kb) Modified on 03/03/1997 (Entered: 03/03/1997) |
| 54 | 1997-03-05.001 | ORDER by Magistrate Judge Gregory G. Hollows dft’s stipulation concerning his authorship of the letters and other material as set forth in the order is accepted; within 5 days from the filed date of this order, dft shall file the document referenced as Exhibit A to the stipulation proffered to the government prior to the hearing; the government shall subpoena dft’s handwriting exemplars pursuant to FRCP 17(c) as an alternative basis for the order permitting dft’s handwriting and handprinting exemplars under the All Writs Act; the handwriting exemplars will be taken in the Sacramento County Jail within 30 days of the filed date of this order; the exemplars will be taken by the government’s expert or attorney presenting typed, case specific phrases/sentences/paragraphs to dft, and dft is directed to reproduce that typed material on government issued paper and with government issued writing implements in his own, undisguised handwriting or handprinting as requested; dft may have an expert present for observational purposes during the exemplar sessions; no videotaping of the exemplar sessions shall be conducted without permission of the court; dft is entitled to a copy of the exemplars created by dft; unless and until there is a need to file or introduce the exemplars in court, neither the government nor the defense shall publicly disseminate the exemplars, or cause or otherwise permit the exemplars to be publicly disseminated (cc: all counsel) (kb) Modified on 03/06/1997 (Entered: 03/05/1997) |
| 55 | 1997-03-10.001 | ERRATA by defendant Theodore John Kaczynski to defendant’s memorandum of points and authorities in support of motion to suppress and appendix I thereto [53–1] (kb) (Entered: 03/11/1997) |
| 56 | 1997-03-12.001 | STIPULATION and order by Magistrate Judge Gregory G. Hollows: pursuant to Local Rule 303 dft’s time to file a request for reconsideration by the District Court of the Magistrate Judge’s 3/5/97 order shall be EXTENDED to 3/19/97; pltf’s time for filing its opposition to such request for reconsideration is EXTENDED to 4/2/97; dft’s reply to the opposition, if any, DUE 4/7/97; oral argument on the request for reconsideration shall be in courtroom of Judge Garland E Burrell on 4/11/97 at 9am; dfts’ stipulation re: his handwriting exemplars shall be delivered to pltf’s counsel by 3/21/97; the order filed 3/5/97 is otherwise STAYED pending the disposition of dft’s request for reconsideration (cc: all counsel) (old) (Entered: 03/12/1997) |
| 57 | 1997-03-13.001 | CJA FORM 24 (Authorization and Voucher for Transcript Payment) for Theodore John Kaczynski (kb) (Entered: 03/13/1997) |
| 58 | 1997-03-14.001 | MOTION to compel production of discovery relevant to defendant’s motion to suppress by defendant Theodore John Kaczynski hearing set for 10:30am on 4/1/97 before Judge Gregory G Hollows (old) (Entered: 03/14/1997) |
| 59 | 1997-03-14.002 | MEMORANDUM by defendant Theodore John Kaczynski in support of defendant’s motion for discovery relevant to defendant’s motion to suppress [58–1] (old) (Entered: 03/14/1997) |
| 60 | 1997-03-19.001 | REQUEST by defendant Theodore John Kaczynski to reconsider the magistrate judge’s order compelling handwriting exemplars; hearing set before Judge Garland E Burrell on 4/11/97 at 9am (old) (Entered: 03/19/1997) |
| 61 | 1997-03-19.002 | DECLARATION of Terrence H Pascoe in support of request for reconsideration of magistrate judge’s order compelling handwriting exemplars [60–1] (old) (Entered: 03/19/1997) |
| 62 | 1997-03-25.001 | RESPONSE AND OPPOSITION by plaintiff USA to defendant’s motion to compel production of discovery relevant to challenging the cabin search [58–1] (old) (Entered: 03/26/1997) |
| 63 | 1997-03-28.001 | REPLY by defendant Theodore John Kaczynski to government’s opposiiton to motion to compel production of discovery relevant to defendant’s motion to suppress by defendant Theodore John Kaczynski [58–1] (kb) (Entered: 03/28/1997) |
| 64 | 1997-03-31.001 | WAIVER of defendant Theodore John Kaczynski presence in person in open court at the hearing on dft’s motion to compel production of discovery relevant to dft’s motion to suppress, currently scheduled for 4/1/97 at 10:30am (kb) (Entered: 03/31/1997) |
| 67 | 1997-04-01.001 | MINUTES before Magistrate Judge Gregory G. Hollows re motion to compel production of discovery relevant to defendant’s motion to suppress by defendant Theodore John Kaczynski [58–1]; the motion is taken under SUBMISSION and the court will issue an order C/R Susan Vaughn (old) (Entered: 04/03/1997) |
| 65 | 1997-04-02.001 | ORDER by Magistrate Judge Gregory G. Hollows motion to compel production of discovery relevant to defendant’s motion to suppress by defendant Theodore John Kaczynski [58–1] GRANTED in part and DENIED in part; dft’s requests to review essentially all documents connectied with the Unabom investigation that lead to the obtaining of search warrant, based on asserted Franks deficiencies, is DENIED; however, the government shall preserve the documents responsive to dft’s requests; dft’s request to have the United States disclose documents in specific categorical areas is GRANTED in part; the United States shall submit the previously identified documents in specific categories for in camera review; the submission of documents shall be accompanied with a log of documents submitted; the documents and log shall be submitted to the court for in camera review, no later than close of business 4/9/97; the log shall be served upon dft; the United States shall refrain from using the letters “FC” in the caption of this case, and shall take affirmative steps to modify their boilerplate caption to delete these letters (cc: all counsel) (kb) (Entered: 04/02/1997) |
| 66 | 1997-04-02.002 | OPPOSITION by plaintiff USA to motion to reconsider magistrate judge’s order re handwriting exemplars [60–1] (kb) (Entered: 04/03/1997) |
| 68 | 1997-04-04.001 | TRANSCRIPT of April 1, 1997 hearing on Defendant’s Motion for Discovery before Magistrate Judge Gregory G Hollows by C/R Susan Vaughan (old) (Entered: 04/07/1997) |
| 69 | 1997-04-07.001 | REPLY by defendant Theodore John Kaczynski to government’s opposition [66–1] to the request to reconsider the Magistrate Judge’s order compelling handwriting exemplars [60–1] (old) (Entered: 04/07/1997) |
| 70 | 1997-04-09.001 | REQUEST by defendant Theodore John Kaczynski for reconsideration by the district court of magistrate judge’s ruling order filed 4/2/97 [65–1] (old) Modified on 04/25/1997 (Entered: 04/10/1997) |
| 71 | 1997-04-10.001 | WAIVER of Appearance by defendant Theodore John Kaczynski (old) (Entered: 04/10/1997) |
| 72 | 1997-04-11.001 | MINUTES before Judge Garland E. Burrell: on defendant’s request to reconsider magistrate ruling regarding handwriting exemplars [70–1]; matter is SUBMITTED and the court will prepare an order C/R Susan Vaughan (old) (Entered: 04/14/1997) |
| 73 | 1997-04-14.001 | OPPOSITION by plaintiff USA to motion to defendant’s motion to suppress (old) (Entered: 04/14/1997) |
| 74 | 1997-04-14.002 | EXHIBITS by plaintiff USA to OPPOSITION [73–1] to defendant’s motion to supress (old) (Entered: 04/14/1997) |
| 75 | 1997-04-16.001 | ORDER by Judge Garland E. Burrell for the reasons stated in the order the Magistrate Judge’s Order compelling the production of case-spacific handwriting exemplars [54–1] is AFFIRMED (cc: all counsel) (kb) (Entered: 04/16/1997) |
| 1997-04-16.002 | LODGED Stipulation and order for continuance of hearing on the request to reconsider magistrate judge’s ruling on dft’s motion to compel discovery to 5/9/97 at 9:00am by dft Theodore John Kaczynski (kb) | |
| 76 | 1997-04-17.001 | STIPULATION and order by Judge Garland E. Burrell: request to reconsider magistrate judge’s ruling on dft’s motion to compel discovery by dft Theodore John Kaczynski [70–1] HEARING SET FOR 9:00 5/9/97; government’s response DUE 4/23/97; dft’s reply DUE 4/30/97 (cc: all counsel) (old) (Entered: 04/17/1997) |
| 77 | 1997-04-18.001 | WAIVER of defendant’s presence at the hearing currently set for 4/24/97 at 3:00pm by defendant Theodore John Kaczynski (kb) (Entered: 04/18/1997) |
| 78 | 1997-04-18.002 | ORDER by Judge Garland E. Burrell: telephonic in-chambers conference HELD 4/18/97 regarding impasse on Government’s 404(b) motion; hearing SCHEDULED for 3pm on 4/24/97 to provide parties, the public, and the media an opportunity to submit their views concerning whether the 404(b) documents and the hearing on the 404(b) motion should be sealed ; at the hearing the parties, the public, and the media may address whether the Court should conduct an in camera review of the documents filed by the parties in connection with the government’s 404(b) motion, and whether these documents and any subsequent hearing involving this motion should be sealed; further, any interested party may file a written memorandum prior to the hearing; the Clerk is DIRECTED to enter this order on the docket no later than 5:00pm on 4/18/97 (cc: all counsel) (old) (Entered: 04/18/1997) |
| 79 | 1997-04-21.001 | ORDER by Judge Garland E. Burrell the Clerk is directed to post copies of the attached Notice of Hearing in places conspicuous to the public by 3:00pm on 4/21/97 (cc: all counsel) (kb) (Entered: 04/21/1997) |
| 1997-04-21.002 | LODGED [proposed] Stipulation and Order re: case schedule by defendant Theodore John Kaczynski, plaintiff USA (old) | |
| 81 | 1997-04-21.003 | CJA FORM 24 (Authorization and Voucher for Transcript Payment) for Theodore John Kaczynski (old) (Entered: 04/23/1997) |
| 80 | 1997-04-22.001 | ORDER by Judge Garland E. Burrell the Court’s order filed on 12/4/96 [37–2] shall be amended as follows: dft’s reply to the government’s opposition to the suppression motion shall be filed and served no later than 5/12/97; the parties briefs regarding the need for an evidentiary hearing in connection with the suppression motion shall be filed and served by 5/16/97; the hearing on the suppression motion [52–1] and [51–1] shall be held on 5/23/97 at 1:30; at that time the court will also address the procedure for handeling any change of venue motion; all other Rule 12 motions and any notice required pursuant to FRCP 12.2 shall be filed by dft no later than 6/16/97; the government’s opposition to motion shall be filed by 7/21/97; dft’s reply shall be filed by 8/4/97; arguments on the motions shall remain as scheduled on 8/27/97 at 9:00; the trial shall remain as scheduled to commence at 9:00 11/12/97 for Theodore John Kaczynski (cc: all counsel) (kb) Modified on 04/22/1997 (Entered: 04/22/1997) |
| 82 | 1997-04-23.001 | ORDER by Magistrate Judge Gregory G. Hollows: (telephonic in chambers conference HELD on 4/21/97) at the request of the undersigned in order to assist the court’s review of the documents submitted by the government pursuant to the 4/2/97 order [65–1] for in camera review for possible Brady implications relevant to defendant’s motion to suppress, and in order to preserve the government’s work product and/or Jencks privileges, the court DIRECTS that defense counsel assist the court in its review of documents submitted by the government, subject to the following conditions; document review will remain confidential to be conducted at the court commencing on 4/28/97 and subject to extremely strict memoralization conditions; the ONLY purpose of memoralization is for the defense to bring to the attention of the court specific documents that the defense believes are subject to Brady disclosure; NO OTHER REFERENCE TO OR USE OF INFORMATION LEARNED FROM ANY DOCUMENT NOT ULTIMATELY ORDERED PRODUCED MAY BE MADE BY THE DEFENSE; the defense is prohibited from making any other memorializations, either written, copied, tape recorded, or electronically produced; no document or memorialization may leave the court without court permission; the defense {via use at the court of a laptop and floppy discs} will be required to justify, in writing, from a Brady standpoint, the release of each document hat they believe to be Brady material; the court will finally determine whether any document so identifies is subject to Brady disclosure; the court will retain the floppy discs and cause the information on the laptop’s hard disc to be erased, or otherwise issue a protective order; the government will not necessarily be given an opportunity to respond prior to the court’s entry of an order following completion of the in camera review; neither party had objections to the procedure as stated herein; in the event any documents are directed to be produces, the court will take steps to protect the identity of other suspects, as well as other persons identified in any document submitted for review (cc: all counsel) (old) (Entered: 04/23/1997) |
| 83 | 1997-04-23.002 | OPPOSITION by plaintiff USA to defendant’s moton for reconsideration of order denying motion to compel production of discovery relevant to challenging the cabin search [70–1] (old) (Entered: 04/23/1997) |
| 84 | 1997-04-24.001 | REQUEST to return 404(b) motion to government counsel by defendant Theodore John Kaczynski, or alternatively to seal motion pending protective measures hearing set for 3pm on 4/24/97 before Judge Garland E Burrell (old) (Entered: 04/24/1997) |
| 85 | 1997-04-24.002 | MINUTES before Judge Garland E. Burrell re motion to close 404(b) proceedings [84–1]; governments brief re timing of filing 404(b) motion to be filed 5/8/97; dfts brief to be filed 5/15/97; hearing 5/23/97 at 1:30; C/R Susan Vaughan (kb) (Entered: 04/24/1997) |
| 86 | 1997-04-24.003 | BRIEF on public access to court records regarding Order [78–2] from The Associated Press, The Sacramento Bee, The Los Angeles Times, The San Francisco Examiner, The San Francisco Chronicle, KCRA and KXTV (kb) (Entered: 04/24/1997) |
| 87 | 1997-04-25.001 | ORDER by Judge Garland E. Burrell the briefing schedule for the government’s motion under Federal Rule of Evidence 404(b) as set in order [37–2] is VACATED; dft has shown in his request file on 4/24/97 that there is serious need for further consideration of the 404(b) issue; because of the compelling concerns expressed in the objection the merits of the objection will be argued on 5/23/97; accordingly the government’s opposition to dft’s request shall be filed by 5/8/97 and dft’s reply if any shall be filed by 5/15/97 (cc: all counsel) (kb) (Entered: 04/28/1997) |
| 88 | 1997-04-30.001 | REPLY by defendant Theodore John Kaczynski to the government’s opposition [83–1] to dft’s request for reconsideration of order denying motion to compel production of discovery [70–1] (kb) (Entered: 04/30/1997) |
| 89 | 1997-05-06.001 | ORDER by Magistrate Judge Gregory G. Hollows the United States will produce the documents ordered to be produced by this order no later than 5/14/97; the United States may obtain the documents given to the court for the court’s review at the convenience of counsel; Magistrate Judge Gregory G. Hollows will maintain the disc on which defense counsel made their position on various documents known to the court; the defense may retain the printed copy of its position to use as counsel see fit in this prosecution; the document shall not be publicly disseminated except in connection with a filing in court; the United States shall not destroy any of the Comparative Analysis documents, or documents referenced therein, unless and until the court orders otherwise (cc: all counsel) (kb) (Entered: 05/06/1997) |
| 90 | 1997-05-07.001 | WAIVER of defendant’s presence at the hearing on the request for reconsideration of the magistrate’s court order denying the defendant’s motion to compel discovery relevant to challenging the cabin search, set for 5/9/97 at 1:30pm by defendant Theodore John Kaczynski (old) (Entered: 05/07/1997) |
| 91 | 1997-05-08.001 | RESPONSE by plaintiff USA to motion to return 404(b) motion to government counsel [84–1] or alternatively to seal motion [84–2] by dft Theodore John Kaczynski (kb) (Entered: 05/08/1997) |
| 92 | 1997-05-08.002 | TRANSCRIPT of April 24, 1997 hearing on Status Conference Re: 404(b) Motion by C/R Susan Vaughan (old) (Entered: 05/08/1997) |
| 93 | 1997-05-09.001 | MINUTES before Judge Garland E. Burrell re dft’s motion to reconsider magistrates order denying motion to compel discovery [70–1]-Court will prepare order; C/R Susan Vaughan (kb) (Entered: 05/12/1997) |
| 94 | 1997-05-12.002 | ...MOTION to strike by defendant Theodore John Kaczynski (no hearing date) (kb) (Entered: 05/13/1997) |
| 95 | 1997-05-14.001 | TRANSCRIPT of motion to reconsider the magistrate judge’s order to produce handwriting exemplars hearing on 4/11/97 by C/R Susan Vaughan (kb) (Entered: 05/14/1997) |
| 96 | 1997-05-14.002 | TRANSCRIPT of motion to reconsider magistrate judge’s order denying motion to compel discovery hearing on 5/9/97 by C/R Susan Vaughan (kb) (Entered: 05/14/1997) |
| 97 | 1997-05-15.001 | NOTICE by plaintiff USA regarding intention to seek the death penalty (old) (Entered: 05/15/1997) |
| 98 | 1997-05-15.002 | REPLY by defendant Theodore John Kaczynski re: Timing of the Government’s Fed R Evid 404(b) motion [84–1] [84–2] (old) (Entered: 05/15/1997) |
| 99 | 1997-05-16.001 | MEMORANDUM by defendant Theodore John Kaczynski in support of request for evidentiary hearing {Franks v Delaware} hearing set for 5/23/97 at 1:30pm before Judge Burrell (old) (Entered: 05/16/1997) |
| 100 | 1997-05-16.002 | BRIEF OPPOSING an evidentiary hearing on dfts motion to suppress by plaintiff USA (old) (Entered: 05/16/1997) |
| 1997-05-16.003 | LODGED ORDER Stipulation & Order for extention of time to furnish handwriting exemplars by plaintiff USA (old) | |
| 101 | 1997-05-16.004 | NOTICE: SUBMISSION OF DOCUMENTS RELATING TO MOTION TO SUPPRESS by defendant Theodore John Kaczynski [73–1] (old) (Entered: 05/16/1997) |
| 102 | 1997-05-19.001 | STIPULATION and order by Judge Garland E. Burrell: defendant GRANTED an additional two weeks, up to and including 5/30/97, to comply with the order directing production of handwriting exemplars (cc: all counsel) (old) (Entered: 05/19/1997) |
| 103 | 1997-05-20.001 | OPPOSITION by plaintiff USA to motion to strike by defendant Theodore John Kaczynski [94–1] (kb) (Entered: 05/20/1997) |
| 104 | 1997-05-20.002 | LETTER dated 12/9/96 from United States Attorneys Office to Mr J. Douglas Wilson are appointment as Special Attorney to the US Attorney General pursuant to 28 USC 515 (kb) (Entered: 05/20/1997) |
| 105 | 1997-05-22.001 | SUPPLEMENTAL EXHIBIT by defendant Theodore John Kaczynski in support of motion to suppress evidence [52–1] (old) (Entered: 05/23/1997) |
| 106 | 1997-05-22.002 | REPLY by defendant Theodore John Kaczynski to the opposition to motion to strike by defendant Theodore John Kaczynski (old) (Entered: 05/23/1997) |
| 1997-05-23.001 | LODGED STIPULATION AND ORDER re: defendant’s motion to suppress statements by defendant Theodore John Kaczynski, plaintiff USA (old) | |
| 107 | 1997-05-23.002 | MINUTES before Judge Garland E. Burrell motions to suppress by defendant Theodore John Kaczynski [51–1] and [52–1] SUBMITTED; court will prepare order; C/R Susan Vaughan (kb) (Entered: 05/23/1997) |
| 108 | 1997-05-27.001 | ORDER by Judge Garland E. Burrell dft’s motion to suppress statements [51–1] is hereby DENIED as MOOT; dft has reserved his right to challenge the admission of statements made by him during and after his detention by law enforcement officers on 4/3/96 in the event they are offered at trial (cc: all counsel) (kb) (Entered: 05/27/1997) |
| 109 | 1997-05-28.001 | ORDER by Judge Garland E. Burrell: re: motion to return 404(b) motion to government counsel by defendant Theodore John Kaczynski [84–1] and motion to seal motion pending protective measures [84–2]; government’s 404(b) motion DUE 6/9/97; Kaczynski’s opposition DUE 6/23/97; government’s reply brief, if any, DUE 6/30/97; hearing on government’s 404(b) motion is scheduled for 7/11/97 at 1:30pm; ESTABLISHING procedures for sensitive documents submitted by counsel; parties DIRECTED to meet and confer over Kaczynski’s contention that the government’s previously submitted 404(b) motion contains unnecessary content should be deleted; the meeting should occur as soon as feasible but well in advance of 6/9/97 (cc: all counsel) (old) (Entered: 05/28/1997) |
| 110 | 1997-05-30.001 | CJA FORM 24 (Authorization and Voucher for Transcript Payment) for Theodore John Kaczynski (old) (Entered: 06/02/1997) |
| 111 | 1997-06-05.001 | LETTER addressed to Mr Lapham re: Lapham’s extension of appointment as Special Attorney (old) (Entered: 06/09/1997) |
| 112 | 1997-06-05.002 | LETTER addressed to Mr Cleary re: extension to Cleary’s appointment as Special Attorney (old) (Entered: 06/09/1997) |
| 113 | 1997-06-05.003 | LETTER addressed to Mr Freccero re: extension of Freccero’s appointment as Special Attorey (old) (Entered: 06/09/1997) |
| 114 | 1997-06-05.004 | LETTER addressed to Mr Hubley re: extension of Hubley’s appointment as Special Attorney (old) (Entered: 06/09/1997) |
| 115 | 1997-06-05.005 | LETTER addressed to Mr Wilson re: extension of Mr Wilson’s appointment as Special Attorney (old) (Entered: 06/09/1997) |
| 116 | 1997-06-06.001 | LETTER addressed to Mr Hubley re: extension to Hubley’s appointment as Special Attorney (old) (Entered: 06/09/1997) |
| 117 | 1997-06-06.002 | LETTER addressed to Mr Cleary re: extension to Cleary’s appointment as Special Attorney until 6/10/98 (old) (Entered: 06/09/1997) |
| 118 | 1997-06-09.001 | {REDACTED} MOTION in limine for admission of evidence under FREvid 404(B) by USA as to Theodore John Kaczynski hearing set for 1:30pm on 7/11/97 before Judge Garland E Burrell (old) (Entered: 06/10/1997) |
| 119 | 1997-06-09.002 | MOTION for in camera review and sealing of un-redacted 404(b) motion and exhibit B by defendant Theodore John Kaczynski hearing set for 10am on 6/16/97 before Judge Garland E Burrell (old) Modified on 06/23/1997 (Entered: 06/10/1997) |
| 120 | 1997-06-09.003 | STIPULATION re: in camera review and sealing of unredacted 404(b) motion and exhibit B (old) (Entered: 06/10/1997) |
| 1997-06-09.004 | LODGED proposed Findings and Order re: in camera review and sealing of un-redacted 404(b) motion and exhibit B by defendant Theodore John Kaczynski (old) | |
| 121 | 1997-06-10.001 | ORDER by Judge Garland E. Burrell: re motion for in camera review and sealing of un-redacted 404(b) motion and exhibit B by defendant Theodore John Kaczynski [119–1] — in the absence of an objection by the public or the media the Court will consider the subject materials in camera; however if an objection to the proposed in camera review is filed by 1pm on 6/13/97 then public hearing SET for 10am on 6/16/97 for Theodore John Kaczynski ; if no objection is filed or the objection filed is insufficient to prevent in camera review the government will be directed to file its unredacted 404(b) brief and Exhibt B under seal; if after conducting the in camera review the Court determines that continued sealing is warranted as to some or all of the submitted materials a hearing will be scheduled to permit the public and the media an opportunity to object; Clerk of the Court is required to provide the public notice of the 6/16/97 hearing by posting a calendar no later than 9am on 6/13/97 and continuously post such notice until the hearing occurs or is vacated (cc: all counsel) (old) (Entered: 06/10/1997) |
| 122 | 1997-06-13.001 | NEWS MEDIA’S OBJECTIONS to in camera hearing by Associated Press, Sacramento Bee, Los Angeles Times, San Francisco Examiner, San Francisco Chronicle, KCRA and KXTV (old) (Entered: 06/13/1997) |
| 123 | 1997-06-13.002 | WAIVER of defendant’s presence at 6/16/97 hearing by defendant Theodore John Kaczynski (old) (Entered: 06/13/1997) |
| 1997-06-13.003 | LODGED [proposed] Stipulation and Order extending deadline to 6/23/97 for Rule 12.2 notice by defendant Theodore John Kaczynski, plaintiff USA (old) | |
| 124 | 1997-06-16.001 | MINUTES before Judge Garland E. Burrell in-court hearing held on 6/16/97 ; motion for in camera review and sealing of un-redacted 404(b) motion and exhibit B by defendant Theodore John Kaczynski [119–1] ordered SUBMITTED; court will prepare an order; C/R Susan Vaughan (kb) (Entered: 06/16/1997) |
| 125 | 1997-06-16.002 | STIPULATION and order by Judge Garland E. Burrell the time for filing any notice required pursuant to Federal Rules of Criminal Procedure, Rule 12.2 shall be extended to 6/23/97; all other dates shall remain as previously ordered (kb) (Entered: 06/16/1997) |
| 1997-06-23.001 | LODGED [Proposed] Stipulation and order to continue time for filing any notice required purusant to FRCrP, Rule 12.2 to 6/30/97 by dft Theodore John Kaczynski (kb) | |
| 126 | 1997-06-23.002 | ORDER by Judge Garland E. Burrell VACATING briefing schedule VACATING July 11, 1997 hearing date; finding motion for in camera review of redacted 404(b) material by defendant Theodore John Kaczynski [119–1] MOOT since filings on the 404(b) motions are unnecessary until it is determined how the issues will be handled at trial (cc: all counsel) (old) Modified on 06/24/1997 (Entered: 06/23/1997) |
| 127 | 1997-06-24.001 | STIPULATION and ORDER by Judge Garland E Burrell ORDERING the time for filing any notice required purusant to FRCrP, Rule 12.2 is EXTENDED to 6/30/97, all other dates shall remain as previously ordered (cc: all counsel) (kh) (Entered: 06/24/1997) |
| 128 | 1997-06-24.002 | NOTICE by defendant Theodore John Kaczynski of intent to introduce expert testimony pursuant to Fed R Crim P 12.2(b) (kb) Modified on 07/01/1997 (Entered: 06/24/1997) |
| 129 | 1997-06-27.001 | ORDER by Judge Garland E Burrell ORDERING: for the reasons stated in the Magistrate Judge’s order filed 4/2/97 & in light of this court’s ruling on Kaczynski’s motion to suppress filed concurrently with this order his motion for reconsideration is DENIED (cc: all counsel) (old) (Entered: 06/27/1997) |
| 130 | 1997-06-27.002 | ORDER by Judge Garland E Burrell ORDERING: although Kaczynski asserted numerous arguments to undermine the probable cause finding reading the detailed affidavit in a non-technical common sense & realistic manner evinces that it provided a substantial basis for concluding there was a fair probability that...evidence of a crime would be found in dfts home; further Kaczynski has not demonstrated that a Franks hearing is warranted; even though he made a substantial preliminary showing that the affidavit contained intentional & reckless false statements & omissions he failed to demonstrate that these falsities & omissions considered cumulatively were necessary to the finding of probable cause; ACCORDINGLY Kaczynski’s motion to suppress or alternatively for a franks hearing is DENIED (cc: all counsel) (old) (Entered: 06/30/1997) |
| 131 | 1997-06-30.001 | MOTION for reconsideration of the Court’s 6/23/97 Order [126–1] by USA as to Theodore John Kaczynski (no hearing date set) (kb) (Entered: 07/01/1997) |
| 132 | 1997-07-03.001 | NOTICE OF MOTION AND MOTION to preclude use of dft’s private diaries by defendant Theodore John Kaczynski hearing set for 9:00 8/22/97 before Judge Garland E. Burrell (kb) (Entered: 07/03/1997) |
| 133 | 1997-07-09.001 | OPPOSITION by defendant Theodore John Kaczynski to motion for reconsideration of the Court’s 6/23/97 Order [126–1] re: Rule 404(b) evidendce by USA [131–1] (kb) (Entered: 07/09/1997) |
| 134 | 1997-07-11.001 | REPLY BRIEF by plaintiff USA in support of its motion for reconsideration [131–1] (kb) (Entered: 07/14/1997) |
| 135 | 1997-07-11.002 | NOTICE OF MOTION AND SUPPLEMENTAL MOTION to suppress evidence by defendant Theodore John Kaczynski ; hearing set for 9:00 8/22/97 before Judge Garland E. Burrell (kb) (Entered: 07/14/1997) |
| 1997-07-11.003 | LODGED Application for leave to file supplemental motion to suppress evidence by dft Theodore John Kaczynski (kb) | |
| 136 | 1997-07-14.001 | EXHIBIT A to supplemental motion to suppress evidence by defendant Theodore John Kaczynski [135–1] (kb) (Entered: 07/14/1997) |
| 137 | 1997-07-14.002 | OPPOSITION by plaintiff USA to defendant’s application to file an untimely motion to supress (kh) (Entered: 07/14/1997) |
| 138 | 1997-07-15.001 | GOVERMENT’S BRIEF by plaintiff USA OPPOSING defendant’s motion to preclude use of private diaries [132–1] (ch) (Entered: 07/15/1997) |
| 139 | 1997-07-16.001 | REPLY by defendant Theodore John Kaczynski to government’s opposition to application to file a supplemental motion to suppress evidence by defendant Theodore John Kaczynski [135–1] (kb) (Entered: 07/16/1997) |
| 140 | 1997-07-16.002 | REPORTER’S TRANSCRIPT of May 23, 1997 hearing on defendant’s motion to supress by C/R Susan Vaughn (kh) (Entered: 07/16/1997) |
| 141 | 1997-07-17.001 | MOTION for protective order by USA as to Theodore John Kaczynski (dd) (Entered: 07/17/1997) |
| 1997-07-17.002 | LODGED protective order by plaintiff USA (dd) | |
| 142 | 1997-07-21.001 | REPLY by defendant Theodore John Kaczynski to government’s opposition to motion to preclude use of dft’s private diaries by Theodore John Kaczynski [132–1] (kb) (Entered: 07/21/1997) |
| 143 | 1997-07-22.001 | ORDER by Judge Garland E. Burrell the government has moved for a protective order [141–1] concerning its production of certain specified documents to the dft; the dft has consented to the terms and conditions proposed by the government; accordingly with respect to the documents identified in the government’s motion for a protective order [141–1] it is ORDERED that access to the information disclosed in the documents will only be provided to those attorneys, investigators and support staff directly involved in the defense of this federal prosecution of Theodore J Kaczynski in the District of New Jersey (see order for further detail for this protective order)(cc: all counsel) (kb) (Entered: 07/22/1997) |
| 144 | 1997-07-24.001 | ORDER by Judge Garland E Burrell ORDERING the goverment’s motion for reconsideration of the Court’s 6/23/97 Order [126–1] deferring ruling on the admissibility of Rule 404(b) evidentiary matters until trial (motion 136–1) is DENIED (cc: all counsel) (kh) (Entered: 07/24/1997) |
| 145 | 1997-07-28.001 | ORDER by Judge Garland E. Burrell ORDERING defendant Kaczynski’s Application for leave to file supplemental motion to suppress evidence is GRANTED, the motion is deemed filed 7/11/97, government’s opposition shall be filed and personally served no later than 8/11/97, Kaczynski’s reply shall be filed no later than 8/15/97, the matter will then be submitted on the briefs; the motion to preclude use of dft’s private diaries by defendant Theodore John Kaczynski [132–1] is DENIED (cc: all counsel) (kh) (Entered: 07/28/1997) |
| 146 | 1997-07-30.001 | MOTION for more specific notice under Fed R Crim P 12.2(b) and for mental examination of dft by the government’s expert by USA (no hearing date set) (kb) Modified on 09/02/1997 (Entered: 07/30/1997) |
| 147 | 1997-07-30.002 | CJA FORM 24 (Authorization and Voucher for Transcript Payment) for Theodore John Kaczynski (ndd) (Entered: 07/31/1997) |
| 149 | 1997-07-31.001 | MINUTES before Judge Garland E Burrell re motion for more specific notice under Fed R Crim P 12.2(b) [146–1], and motion and for mental examination of dft by the government’s expert by USA [146–2]; opposition due by 8/20/97, rply by 8/25/97, motion set for 9/2/97; date for filing trial confirmation extended to 8/13/97 C/R Susan Vaughn (kh) (Entered: 08/01/1997) |
| 148 | 1997-08-01.001 | ORDER by Judge Garland E. Burrell after telephonic hearing to estabilsh a briefing schedule for the Government’s motion filed 7/30/97 [146–1] the parties agreed to meet and confer on the motion to determine if it could be resolved wihtout litigation; the parites agreed to the following briefing schedule in the event their attempts to amicably resolve the motion are not fruitful: dft’s opposition brief shall be filed and personally served by 8/20/97; the Government’s reply brief shall be filed and personally served by 8/25/97; the hearing is scheduled for 9/2/97 at 1:00pm; dft’s further request that the date for filing trial confirmation statements be moved to 8/13/97 is GRANTED (cc: all counsel) (kb) (Entered: 08/01/1997) |
| 150 | 1997-08-05.001 | TRANSCRIPT of motion for in camera review hearing on 6/16/97 by C/R Susan Vaughan (kb) (Entered: 08/05/1997) |
| 151 | 1997-08-05.002 | TRANSCRIPT of telephonic conference hearing on 7/28/97 by C/R Susan Vaughan (kb) (Entered: 08/05/1997) |
| 152 | 1997-08-05.003 | TRANSCRIPT of telephonic conference hearing on 7/31/97 by C/R Susan Vaughan (kb) (Entered: 08/05/1997) |
| 153 | 1997-08-07.001 | NOTICE of hearing from the court trial confirmation hearing set for 9:00am on 8/22/97 has been changed to 1:30pm on 8/22/97 for Theodore John Kaczynski (kb) (Entered: 08/07/1997) |
| 154 | 1997-08-11.001 | OPPOSITION by plaintiff USA to supplemental motion to suppress evidence by defendant Theodore John Kaczynski [135–1] (kb) (Entered: 08/11/1997) |
| 155 | 1997-08-13.001 | TRIAL CONFIRMATION STATEMENT by plaintiff USA (kb) (Entered: 08/13/1997) |
| 156 | 1997-08-13.002 | TRIAL CONFIRMATION HEARING STATUS REPORT by defendant Theodore John Kaczynski (kb) Modified on 08/14/1997 (Entered: 08/14/1997) |
| 157 | 1997-08-13.003 | NOTICE OF MOTION AND MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION regarding jury selection procedures by defendant Theodore John Kaczynski hearing set for 1:00 9/2/97 before Judge Garland E. Burrell (kb) (Entered: 08/14/1997) |
| 158 | 1997-08-13.004 | DECLARATIONS AND APPENDICES in support of dft’s motion for special jury selection procedures [157–1] (Vol 1 of 5) (kb) Modified on 08/14/1997 (Entered: 08/14/1997) |
| 159 | 1997-08-13.005 | DECLARATIONS AND APPENDICES in support of dft’s motion for special jury selection procedures [157–1] (Vol 2 of 5) (kb) (Entered: 08/14/1997) |
| 160 | 1997-08-13.006 | DECLARATIONS AND APPENDICES in support of dft’s motion for special jury selection procedures [157–1] (Vol 3 of 5) (kb) (Entered: 08/14/1997) |
| 161 | 1997-08-13.007 | DECLARATIONS AND APPENDICES in support of dft’s motion for special jury selection procedures [157–1] (Vol 4 of 5) (kb) (Entered: 08/14/1997) |
| 162 | 1997-08-13.008 | DECLARATIONS AND APPENDICES in support of dft’s motion for special jury selection procedures [157–1] (Vol 5 of 5) (kb) (Entered: 08/14/1997) |
| 1997-08-14.001 | LODGED ORDER Stipulation and Order setting schedule on moiton regarding jury selection procedures by defendant Theodore John Kaczynski (kh) | |
| 163 | 1997-08-15.001 | REPLY by defendant Theodore John Kaczynski to the government’s OPPOSITION to supplemental motion to suppress evidence by defendant Theodore John Kaczynski [135–1] (kh) (Entered: 08/15/1997) |
| 164 | 1997-08-19.001 | WAIVER of dft’s presence by attorneys for dft Theodore John Kaczynski (old) (Entered: 08/19/1997) |
| 165 | 1997-08-20.001 | OPPOSITION by defendant Theodore John Kaczynski to the government’s motion for more specific notice and for a mental examination of defendant [146–1] (dd) (Entered: 08/21/1997) |
| 166 | 1997-08-22.001 | RESPONSE by plaintiff USA to motion regarding jury selection procedures by defendant Theodore John Kaczynski [157–1] (old) (Entered: 08/22/1997) |
| 167 | 1997-08-22.002 | MINUTES before Judge Garland E. Burrell Dft to file challenge to death penalty notice 9/15/97; governments opposition 9/29/97; dft’s reply 10/9/97; oral argument 10/17/97 at 1:30pm; dft to file motion to preclude government from using computer litigation support system by 9/5/97; governments opposition due 9/19/97; dfts reply due 9/29/97; set oral argument 10/3/97 at 1:30pm; court set chambers conference re: jury for 1:00 9/15/97 for Theodore John Kaczynski ; court will summon jurors for pre-screening on 9/30/97, 10/1/97 and 10/2/97; C/R Susan Vaughan (kb) (Entered: 08/25/1997) |
| 168 | 1997-08-25.001 | REPLY BRIEF by plaintiff USA in support of motion for more specific notice under Fed R Crim P 12.2(b) [146–1] and for mental examination of dft by the government’s expert by USA [146–2] (kb) Modified on 08/25/1997 (Entered: 08/25/1997) |
| 169 | 1997-08-26.001 | ORDER by Judge Garland E. Burrell if discovery disputes are not resolved by 9/10/97, counsel are to appear at a hearing before Magistrate Judge Hollows regarding their disagreement at 9:00am on 9/15/97; the parties’ respective briefs on the dispute shall be filed by noon on 9/12/97; government proposes that its motion to permit the use of the computer litigation support system, in lieu of the defense motion to preclude, be filed 8/26/97, that dft’s response be filed on 9/9/97, government’s reply be filed on 9/16/97; arguments if necessary should be scheduled at the Court’s convenience; since the government’s proposal provides dft with an additional 4 days to prepare his opposition, the government’s briefing schedule is hereby ordered; dft’s motion challenging the death penalty and death penalty notice to be filed by 9/15/97; the government’s opposition shall be filed by 9/29/97; dft’s reply, if any, shall be filed by 10/9/97; argument is scheduled for 10/17/97 at 1:30pm; if upon receipt of the papers the Court determines the argument would not be helpful, the hearing will be vacated; the chambers conference scheduled for 9/15/97, is accelerated to 9/2/97, to resolve issues that will permit the summoning of potential jurors on 9/30/97, 10/1/97 and 10/2/97; the in-chambers conference will convene immediately after the conclusion of the 9/2/97 hearing (cc: all counsel) (kb) Modified on 08/27/1997 (Entered: 08/26/1997) |
| 170 | 1997-08-26.002 | STIPULATION and order by Judge Garland E. Burrell on 8/13/97 dft filed a motion regarding jury selection procedures [157–1]; the government shall file its response by 8/22/97; the dft shall file a reply, if any, by 8/27/97; the parties agree that the hearing on the motion shall be on 9/2/97 at 1:00pm in the Courtroom of the Honorable Garland E. Burrell (kb) Modified on 08/27/1997 (Entered: 08/26/1997) |
| 171 | 1997-08-26.003 | MOTION by USA to use computer litigation support system at trial (not noticed) (old) (Entered: 08/26/1997) |
| 172 | 1997-08-27.001 | REPLY by defendant Theodore John Kaczynski to government’s response to motion regarding jury selection procedures by defendant Theodore John Kaczynski [157–1] (kb) (Entered: 08/27/1997) |
| 173 | 1997-08-27.002 | SUPPLEMENT OPPOSITION by defendant Theodore John Kaczynski to government’s motion for more specific notice [146–1] and for a mental examination of dft [146–2] (kb) (Entered: 08/27/1997) |
| 178 | 1997-08-27.003 | CJA FORM 24 (Authorization and Voucher for Transcript Payment) for Theodore John Kaczynski (old) (Entered: 09/02/1997) |
| 174 | 1997-08-28.001 | MINUTES before Judge Garland E Burrell: motion regarding jury selection procedures by defendant Theodore John Kaczynski [157–1] SUBMITTED WITHOUT ORAL ARGUMENT; motion to suppress evidence by defendant Theodore John Kaczynski [135–1] HEARING SET FOR 1:00pm on 9/2/97 C/R Susan Vaughan (old) (Entered: 08/28/1997) |
| 175 | 1997-08-29.001 | NOTICE OF MOTION AND MOTION to supplement the record on dft’s supplemental motion to suppress evidence by USA as to Theodore John Kaczynski hearing set for 1:00pm on 9/2/97 before Judge Burrell (old) (Entered: 08/29/1997) |
| 176 | 1997-08-29.002 | NOTICE OF MOTION AND MOTION for reconsideration and/or to supplement the record by defendant Theodore John Kaczynski (old) Modified on 09/02/1997 (Entered: 08/29/1997) |
| 177 | 1997-08-29.003 | ORDER by Judge Garland E Burrell ORDERING: motion regarding jury selection procedures by defendant Theodore John Kaczynski [157–1] is DENIED (cc: all counsel) (old) (Entered: 09/02/1997) |
| 179 | 1997-09-02.001 | MINUTES before Judge Garland E. Burrell: motion to suppress evidence by defendant Theodore John Kaczynski [135–1] is SUBMITTED, motion for mental examination of dft by the government’s expert by USA [146–2] is SUBMITTED; court will issue order; C/R Kelly O’Halloran (kdc) (Entered: 09/03/1997) |
| 180 | 1997-09-02.002 | MINUTES before Judge Garland E. Burrell in-court hearing held on 9/2/97 in chambers re jury selection; court will prepare order C/R Kelly O’Halloran (kdc) (Entered: 09/03/1997) |
| 1997-09-03.001 | LODGED PROPOSED ORDER / STIPULATION continuing hearing on death penalty motions from 10/17/97 to 10/24/97 at 1:30 p.m. submitted by defendant Theodore John Kaczynski (old) | |
| 181 | 1997-09-04.001 | MINUTES before Judge Garland E. Burrell conference call re proposed jury documents to be mailed on 9/8/97; C/R Susan Vaughan (kb) (Entered: 09/05/1997) |
| 182 | 1997-09-05.001 | TRANSCRIPT of dft’s motion to suppress; government’s motion for more specific notice and for mental exam of dft by government expert hearing on 9/2/97 by C/R Kelly O’Halloran (kb) (Entered: 09/05/1997) |
| 183 | 1997-09-05.002 | ORDER by Judge Garland E. Burrell during the chambers conference held 9/2/97 the parties agree to commence the jury screening process prior to trial; because the process is scheduled to begin shortly, the parties are directed to convene a telephonic conference on 9/4/97, no later than 3:00pm, to discuss any objections or further comments regarding the proposed jury selection process as well as the substance of the jury notice and how the discussion in this order concerning juror privacy bears on that notice; if the media or public would like to be heard on the contemplated procedures, they may file written comments no later than 9/22/97; a hearing date on this matter is scheduled for 1:30 9/26/97 ; if the written responses demonstrate that a hearing is not required, the 9/26 hearing will be vacated (cc: all counsel) (kb) (Entered: 09/05/1997) |
| 184 | 1997-09-05.003 | MINUTES before Judge Garland E. Burrell chambers conference re jury summons; C/R Susan Vaughan (kb) (Entered: 09/08/1997) |
| 185 | 1997-09-05.004 | MINUTES before Judge Garland E. Burrell chambers conference; counsel were directed to file any closure motion by 9/15/97 and to also lodge a proposed order directing the media to respond to the motion by 9/22/97; a hearing on the motion will be held 9/26/97 at 1:30; C/R Susan Vaughan (kb) (Entered: 09/08/1997) |
| 186 | 1997-09-09.001 | RESPONSE IN OPPOSITION by defendant Theodore John Kaczynski to motion by USA to use computer litigation support system at trial [171–1] (old) (Entered: 09/09/1997) |
| 187 | 1997-09-10.001 | STIPULATION and order by Judge Garland E. Burrell the hearing on death penalty motions, currently calendared for 10/17/97, shall be continued to 10/24/97 at 1:30pm; all other dates shall remain as previously ordered (kb) (Entered: 09/10/1997) |
| 188 | 1997-09-10.002 | LETTER to court from counsel for defendant Theodore John Kaczynski regarding signed declaration of James A Cox in support of Mr Kaczynski’s opposition to Government’s motion to use computer litigation support system at trial [186–1] (old) (Entered: 09/10/1997) |
| 189 | 1997-09-10.003 | ORIGINAL DECLARATION of James A Cox in support of Mr. Kaczynski’s opposition to Government’s motion to use litigation support system at trial [186–1] (old) (Entered: 09/10/1997) |
| 190 | 1997-09-11.001 | TRANSCRIPT of 8/22/97 hearing on trial confirmation by C/R Susan Vaughan (old) (Entered: 09/11/1997) |
| 191 | 1997-09-12.001 | NOTICE OF MOTION AND MOTION to compel discovery by defendant Theodore John Kaczynski and to clarify the Govt’s further discovery obligations Hearing set for 9:00 9/15/97 (old) (Entered: 09/12/1997) |
| 192 | 1997-09-12.002 | NOTICE OF MOTION AND MOTION for disclosure of ministerial grand jury records by defendant Theodore John Kaczynski Hearing set for 9:00 a.m. 9/15/97 before the Honorable Magistrate Gregory G Hollows (old) (Entered: 09/12/1997) |
| 193 | 1997-09-12.003 | WAIVER of dft’s presence by defendant Theodore John Kaczynski (old) (Entered: 09/12/1997) |
| 194 | 1997-09-12.004 | RESPONSE IN OPPOSITION by plaintiff USA to motion to compel discovery and for reciprocal rule 16 discovery by defendant Theodore John Kaczynski [191–1] [191–2] (old) (Entered: 09/12/1997) |
| 195 | 1997-09-15.001 | NOTICE OF MOTION AND MOTION to preclude imposition of the death penalty by defendant Theodore John Kaczynski ; hearing set for 1:30 p.m.10/24/97 before the Honorable Garland E Burrell, Jr (old) (Entered: 09/16/1997) |
| 196 | 1997-09-15.002 | NOTICE OF MOTION AND MOTION to dismiss Government’s 5/15/97 Notice of Intent to Seek Death Penalty; by defendant Theodore John Kaczynski Hearing set for 1:30 p.m. 10/24/97 before the Honorable Garland E Burrell (old) (Entered: 09/16/1997) |
| 197 | 1997-09-15.003 | NOTICE OF MOTION AND MOTION for procedures to protect privacy interests of jurors and integrity of jury selection process by defendant Theodore John Kaczynski ; Hearing set for 1:30 p.m. 9/26/97 before the Honorable Garland E Burrell, Jr (old) (Entered: 09/16/1997) |
| 201 | 1997-09-15.004 | MINUTES before Magistrate Judge Gregory G Hollows: after a lenghty discussion the court takes all matters under submission; written order to follow; motion for disclosure of ministerial grand jury records by defendant Theodore John Kaczynski [192–1], motion to compel discovery by defendant Theodore John Kaczynski [191–1], & motion to clarify the Govt’s further discovery obligations [191–2] ARE SUBMITTED C/R Tape 1 of 1 (old) (Entered: 09/17/1997) |
| 198 | 1997-09-16.001 | ORDER by Judge Garland E. Burrell ordering that any RESPONSES by government, public, or media to motion by dft for procedures to protect privacy interests of jurors and integrity of selection process [197–1] are TO BE FILED BY 9/22/97; dft’s reply, if any, due 9/24/97 by 3:00 p.m.(cc: all counsel; Charity Kenyon by fax) (old) (Entered: 09/16/1997) |
| 199 | 1997-09-16.002 | REPLY by plaintiff USA TO RESPONSE to motion by USA to use computer litigation support system at trial [171–1] (old) (Entered: 09/16/1997) |
| 200 | 1997-09-17.001 | NOTICE OF MOTION AND MOTION to supplement the record of the argument held on 09/15/97 by USA as to Theodore John Kaczynski; motion not noticed (old) (Entered: 09/17/1997) |
| 202 | 1997-09-18.001 | TRANSCRIPT of 9/15/97 hearing before the Honorable Gregory G Hollows on dft’s motion for discovery by C/R Dennis F McKinnon (old) (Entered: 09/18/1997) |
| 203 | 1997-09-19.001 | ORDER by Magistrate Judge Gregory G. Hollows: Dft’s motion for disclosure of Brady material is GRANTED as limited herein; the U.S. shall file its Brady compliance statement within 10 days of the filed date of this order; dft’s motion for disclosure of unredacted FBI Crime Lab Investigation Report is GRANTED, to be disclosed pursuant to protective order in the same unredacted manner as ordered in the FOIA litigation relating to said report, disclosure due within 10 days of the filed date of this order; Dft’s motion for disclosure of hard copy originals or negatives of photographs is GRANTED in part and disclosure shall take place within 10 days of the filed date of this order; U.S. shall inform the dft and the court, within 10 days of the filed date of this order, the precise date on which it plans to disclose all Jencks Act statements that have not been disclosed; U.S. shall disclose its Henthorn material within 5 days after compliance by the defense with its initial Rule 16 obligations; Dft and U.S. shall disclose all Rule 16 information obligated to be disclosed no later than 10/18/97 [191–1] [191–2] (cc: all counsel) (old) Modified on 09/22/1997 (Entered: 09/19/1997) |
| 204 | 1997-09-19.002 | ORDER by Judge Garland E. Burrell ORDERING motion to suppress evidence by defendant Theodore John Kaczynski [135–1] DENIED (cc: all counsel) (old) (Entered: 09/22/1997) |
| 205 | 1997-09-19.003 | ORDER by Judge Garland E. Burrell ORDERING motion by USA to use computer litigation support system at trial [171–1] GRANTED (cc: all counsel) (old) (Entered: 09/22/1997) |
| 206 | 1997-09-19.004 | ORDER by Judge Garland E. Burrell ORDERING motion for more specific notice under Fed R Crim P 12.2(b) [146–1] GRANTED; ORDERING motion for mental examination of dft by gov’t expert [146–2] GRANTED; (cc: all counsel) (old) (Entered: 09/22/1997) |
| 207 | 1997-09-22.001 | MINUTES before Judge Garland E Burrell: conference call re proposed jury questionaire; chambers conference previously scheduled for 09/24/97 is VACATED C/R Susan Vaughan (old) (Entered: 09/22/1997) |
| 208 | 1997-09-22.002 | RESPONSE BRIEF by News Media Coalition in opposition to use of anonymous jury in trial of defendant Theodore Kaczynski [197–1] (old) (Entered: 09/22/1997) |
| 209 | 1997-09-22.003 | APPENDIX regarding BRIEF by news media in opposition to use of anonymous jury in trial of Theodore Kaczynski [208–1] (old) (Entered: 09/22/1997) |
| 210 | 1997-09-23.001 | RESPONSE in opposition by plaintiff USA to motion for procedures to protect privacy interests of jurors and integrity of jury selection process by defendant Theodore John Kaczynski [197–1] (old) (Entered: 09/23/1997) |
| 211 | 1997-09-23.002 | WAIVER of dft’s presence by Theodore John Kaczynski re: 9/26/97 hearing on procedures re: jury selection (old) (Entered: 09/23/1997) |
| 1997-09-24.001 | LODGED ORDER / motion for reconsideration of order re: rule 12.2 notice and examination and for stay pending consideration of motion and/or interlocutory appeal by defendant Theodore John Kaczynski (old) | |
| 212 | 1997-09-24.002 | REPLY by defendant Theodore John Kaczynski to Media’s Response In Opposition to motion for procedures to protect privacy interests of and integrity of jury selection process by defendant Theodore John Kaczynski [197–1] (old) (Entered: 09/24/1997) |
| 1997-09-24.003 | LODGED Document of 9/24/97 by dft titled “Motion for reconsideration of order re: rule 12.2 notice and examination and for stay...” NOT USED (old) | |
| 214 | 1997-09-25.002 | RESPONSE IN OPPOSITION by plaintiff USA TO MOTION by dft FOR RECONSIDERATION of order re: rule 12.2 and/or for stay pending consideration of motion and/or interlocutory appeal [176–1] (old) (Entered: 09/25/1997) |
| 213 | 1997-09-25.003 | (b) CJA FORM 24 (Authorization and Voucher for Transcript Payment) for Theodore John Kaczynski as to 8/22/97 TCH (old) Modified on 09/29/1997 (Entered: 09/29/1997) |
| 215 | 1997-09-26.001 | LETTER to Magistrate Hollows from counsel Robert J Cleary for plaintiff USA regarding compliance with Court’s 9/19/97 Order to produce discovery ie., unredacted FBI Crime Lab Investigation Report [203–1]; On monday 9/29/97 Gov’t shall produce 2 boxes of materials in response to FOIA requests (old) Modified on 09/26/1997 (Entered: 09/26/1997) |
| 216 | 1997-09-26.002 | REPLY by defendant Theodore John Kaczynski to response in opposition to motion for reconsideration and/or a stay of Court’s 9/19/97 order [176–1] (old) (Entered: 09/26/1997) |
| 217 | 1997-09-26.003 | STIPULATION AND ORDER by Judge Garland E. Burrell EXTENDING TIME to 10/3/97 for Government to respond to dft’s death penalty motions [196–1] [195–1]; subsequently, dft’s reply due date is extended to 10/13/97 (old) (Entered: 09/26/1997) |
| 220 | 1997-09-26.004 | MINUTES before Judge Garland E. Burrell: The motion for procedures to protect privacy interests of jurors and integrity of jury selection process by defendant Theodore John Kaczynski [197–1] is SUBMITTED; Counsel findings due 9/29/97 at 4:30; Media response due 10/1/97 at 12:00; If needed, hearing shall be scheduled for 10/2/97 at 1:30; Compliance with Order of 9/29/97 re: dft’s motion for reconsideration of order for mental exam and 12.2 (b) issue [218–1] is STAYED until 10/3/97 at 4:30; dft’s brief on this matter due 10/2/97 by 12:00; Govt’s response due 10/3/97; C/R Susan Vaughan (old) Modified on 12/17/1997 (Entered: 09/30/1997) |
| 221 | 1997-09-26.005 | MINUTES of in chambers conference re: jury questionnaire before Judge Garland E. Burrell; C/R Susan Vaughan (old) (Entered: 09/30/1997) |
| 218 | 1997-09-29.001 | ORDER by Judge Garland E. Burrell: LODGED ORDER / motion for reconsideration of order re: rule 12.2 notice and examination and for stay pending consideration of motion and/or interlocutory appeal [0–0] GRANTED in part and DENIED in part; dft’s request for reconsideration of Court’s order compelling mental examination DENIED; dft’s request FOR STAY of said ruling GRANTED while notice issue is reconsidered; dft may file supplemental brief by noon 10/2/97; govt’s response due 10/3/97 (cc: all counsel) (old) (Entered: 09/29/1997) |
| 219 | 1997-09-29.002 | ORDER by Magistrate Judge Gregory G Hollows ORDERING the motion for disclosure of ministerial grand jury records by defendant Theodore John Kaczynski [192–1] is GRANTED in part and DENIED in part as stated in this order; the US Attorney shall produce all documents and information required to be disclosed by 8/10/97, if the US Attorney believes the documents are in possession of the District Court, they shall so advise the jury administrator so the documents may be disclosed by 8/10/97; all defendant, counsel, privies and government are bound by the protective order as set out in this order (cc: all counsel) (kh) Modified on 09/29/1997 (Entered: 09/29/1997) |
| 222 | 1997-09-29.003 | NOTICE OF MOTION AND MOTION to compel compliance with Court Order to submit to mental examination by USA as to Theodore John Kaczynski; Not noticed (old) (Entered: 09/30/1997) |
| 223 | 1997-09-29.004 | STATEMENT IN RESPONSE by plaintiff to Court’s Discovery Order of 9/19/97 [203–1] (old) (Entered: 09/30/1997) |
| 224 | 1997-09-29.005 | NOTICE of PROPOSED VERDICT FORM by plaintiff USA (old) (Entered: 09/30/1997) |
| 1997-09-29.006 | LODGED proposed jury instructions by plaintiff USA (old) | |
| 1997-09-29.007 | LODGED proposed findings and order re: anonymous jury by defendant Theodore John Kaczynski (old) Modified on 09/30/1997 | |
| 225 | 1997-09-29.008 | NOTICE of Appeal to 9th Circuit by defendant Theodore John Kaczynski regarding Court’s order of 9/19/97 granting government’s motion for mental examination of dft [206–1] (cc: all counsel) (old) (Entered: 09/30/1997) |
| 226 | 1997-10-01.001 | MINUTE ORDER: in-court hearing set for 10:30am on 10/1/97 for Theodore John Kaczynski in re: on the govt’s request to vacate the order staying the mental examination (old) (Entered: 10/01/1997) |
| 227 | 1997-10-01.002 | TRANSCRIPT of 09/26/97 hearing on dft’s motion to protect juror’s privacy & integrity of jury selection process & request to use anonymous jury by C/R Susan Vaughan (old) (Entered: 10/01/1997) |
| 228 | 1997-10-01.003 | NEWS MEDIA COALITION RESPONSE to Proposed Findings and Order re use of anonymous jury (kdc) (Entered: 10/01/1997) |
| 229 | 1997-10-01.004 | MINUTES before Judge Garland E Burrell: chambers conference; jury questionaire; C/R Susan Vaughan (old) (Entered: 10/01/1997) |
| 230 | 1997-10-01.005 | MINUTES before Judge Garland E Burrell: govt’s request to vacate order staying mental examination; the govt is to augment their brief by 10/3/97; the dfts opposition is to be filed by 10/10/97; govt’s reply is to be filed by 10/14/97; in-court hearing held on 10/1/97 C/R Susan Vaughan (old) (Entered: 10/01/1997) |
| 231 | 1997-10-01.006 | ORDER by Magistrate Judge Gregory G Hollows ORDERING: pursuant to order of 9/19/97 the govt on 9/26/97 submitted FBI FD-302’s concerning two witnesses that gave potentially mitigating Brady statements to the govt; despite the govt’s certainty that the reports involving witness R are most assuredly not Brady material for the penaly phase the court views the reports as marginal Brady material but neverthless something slightly more than merely nice comments about the dft from someone who only knew dft on a superficial basis; the govt shall disclose the witness R reports to the dft; with respect to witness W the court finds persuasive the govt’s analysis that the reported material duplicates what the dft knows or should know & need not be produced; the witness W report need not be disclosed (cc: all counsel) (old) (Entered: 10/01/1997) |
| 232 | 1997-10-01.007 | MAILED case information/docket with fee payment notice and Notice of Appeal and appealed Order [225–1] to 9th Circuit along with copy of appeal and certified copy of docket sheet to all parties (cc: all counsel) (old) (Entered: 10/01/1997) |
| 233 | 1997-10-01.008 | ORDER by Judge Garland E Burrell ORDERING: on 10/1/97 the court heard arguments on the govt’s motion to vacate the part of the 9/29/97 order staying the examination until the court reconsiders its ruling on the notice issue; the motion is DENIED; the following briefing was established on the govt’s motion to compel compliance with the court order to submit to a mental examination; the govt shall file a supplement to its motion by 10/4/97; dfts opposition shall be filed by 10/10/97; the govt’s reply shall be filed by 10/14/97; since this matter appears suitable for decision without oral argument a hearing will be scheduled ONLY if needed (cc: all counsel) (old) (Entered: 10/01/1997) |
| 234 | 1997-10-01.009 | TRANSCRIPT of 10/1/97 hearing on govt’s request to vacate order staying mental examination by C/R Susan Vaughan (old) (Entered: 10/02/1997) |
| 235 | 1997-10-01.010 | DECLARATION of Robert J Cleary in re: joint proposed findings & order on anonymous jury (old) (Entered: 10/02/1997) |
| 236 | 1997-10-02.001 | DECLARATION of Quin Denvir (old) (Entered: 10/02/1997) |
| 1997-10-02.002 | LODGED ORDER Application for protective order re discovery under FRcrP 16(b) & order by defendant Theodore John Kaczynski (old) | |
| 237 | 1997-10-02.003 | NOTICE by plaintiff USA of govt request for in camera review & sealing of information relevant to motion for partially anonymous jury (old) (Entered: 10/02/1997) |
| 238 | 1997-10-02.004 | ORDER by Judge Garland E Burrell ORDERING: in response to the Media’s brief filed 10/1/97 the govt has requested authority to submit documents to the Court for in camera review; the request is granted with the understanding that the govt will file a public document explaining generally why is has requested this provisional closure order; the public will have the opportunity to object to this provisional closure of these documents & the in camera review procedure at the hearing scheduled for 1:30pm on 10/2/97; in-court hearing set for 1:30pm on 10/2/97 for Theodore John Kaczynski (cc: all counsel) (old) (Entered: 10/02/1997) |
| 239 | 1997-10-02.005 | BRIEF by defendant Theodore John Kaczynski in support of reconsideration of the notice order (old) (Entered: 10/02/1997) |
| 240 | 1997-10-02.006 | MINUTES before Judge Garland E Burrell: govt’s motion for sealing order & further hearing re: motion for procedures to protect privacy interests of jurors and integrity of jury selection process by defendant Theodore John Kaczynski [197–1] is SUBMITTED; in-court hearing held on 10/2/97 ; court will issue an order C/R Kathy Bodene (old) (Entered: 10/02/1997) |
| 241 | 1997-10-02.007 | GOVERNMENT’S MOTION to confirm and clarify representation made by government at court hearing on 10/2/97 as to Theodore John Kaczynski; hearing not noticed (kdc) (Entered: 10/02/1997) |
| 242 | 1997-10-03.001 | ORDER by Judge Garland E Burrell ORDERING: the juror’s names, addresses, places of employment & spouses names & places of employment shall not be disclosed to the public during voire dire or prior to the time of discharge except by order of this court; no photographs or other pictures or sketches shall be made or taken of any juror within the environs of the courthouse; the jurors will meet each morning in a central and undisclosed location to which United States Marshals will return them at the close of the court day; the jurors shall remain in the custody of the United States Marshals throughout the court day; the Media acquiesces in the notion that the blank jury questionaire will be made available to the Media upon request immediately on impaneling the jury; the parties have persuaded the court that they should be allowed to keep the questionnaire from becoming public until after they have had an opportunity to present the same to potential jurors; adequate findings have not been proposed to justify a closure order on the remaining issues; the motion on these issues is DENIED without prejudice (cc: all counsel) (old) (Entered: 10/03/1997) |
| 243 | 1997-10-03.002 | ORDER by Judge Garland E Burrell sealing document until further order of this court (cc: all counsel) (old) Modified on 10/07/1997 (Entered: 10/03/1997) |
| 245 | 1997-10-03.003 | COMBINED RESPONSES by plaintiff USA to dfts death penalty motions [196–1] & [195–1] (old) (Entered: 10/03/1997) |
| 246 | 1997-10-03.004 | SUPPLEMENT by plaintiff USA to govt’s motion to compel compliance with court order to submit to mental examination [222–1] (old) (Entered: 10/03/1997) |
| 247 | 1997-10-03.005 | OPPOSITION by plaintiff USA to dft’s motion for reconsideration of order requiring more specific notice under Rule 12.2(b) [176–1] (old) (Entered: 10/03/1997) |
| 248 | 1997-10-03.006 | MINUTES before Judge Garland E Burrell: chambers conference re jury questionaire C/R Susan Vaughan (old) (Entered: 10/06/1997) |
| 244 | 1997-10-03.007 | EX PARTE REQUEST by plaintiff USA for in camera review of information relevant to motion for partially anonymous jury (unsealed 2/9/98 pursuant to court order [530–1]) (old) (Entered: 02/10/1998) |
| 249 | 1997-10-06.001 | REPLY by defendant Theodore John Kaczynski to govt’s opposition to reconsideration of the notice order [176–1] (old) (Entered: 10/06/1997) |
| 250 | 1997-10-06.002 | ORDER by Judge Garland E Burrell ORDERING: the 9/19/97 Order is AFFIRMED [206–1]: Kaczynski shall give the govt an amended Rule 12.2(b) notice consistent with the requirement of the 9/19/97 Order no later than 1:00pm on 10/9/97 (cc: all counsel) (old) (Entered: 10/06/1997) |
| 251 | 1997-10-07.001 | ORDER by Magistrate Judge Gregory G. Hollows: Application by dft for protective order re discovery under FRcrP 16(b) REFERRED TO Judge Garland E. Burrell; Gov’t to contact GEB chambers as to due date re: opposition, if any (cc: all counsel) (old) (Entered: 10/07/1997) |
| 252 | 1997-10-07.002 | NOTICE of RESETTING hearing on motion to Dismiss Government’s Notice of Intent to Seek Death Penalty and Motion to Preclude Imposition of the Death Penalty by Defendant Theodore John Kaczynski [195–1] to 1:30 10/30/97 before GEB; dft’s reply brief is to be filed by 10/16/97 (kdc) (Entered: 10/08/1997) |
| 253 | 1997-10-08.001 | MINUTES before Judge Garland E Burrell: conference call re scheduling court will prepare an order C/R Kathy Bodene (old) (Entered: 10/08/1997) |
| 254 | 1997-10-08.002 | ORDER by Judge Garland E Burrell re dft’s application for a protective order as to discovery; Govt’s opposition shall be filed no later than noon on 10/10/97; dfts reply shall be filed 4:30pm on 10/15/97; IF a hearing is necessary it will occur 10/17/97 at 1:30pm; Re Trial Briefs; the govt shall deliver trial brief to dft by 5:00pm on 10/15/97; dft requested & was granted the opportunity to receive govt’s trial brief in advance of required filing date so that he could have the option of trying to persuade the govt to exclude from the brief what he assumes will be unnecessary or disputed factual matters; IF DFT IS UNSUCCESSFUL in this endeavor he will seek to have the trial brief & unredacted 404(b) motion or certain matters contained therein provisionally sealed for in camera review; dft has until noon on 10/22/97 to seek in camera review of these or any parts thereof; the Media’s & public’s response if any, MUST be filed by 4:30pm on 10/24/97 & any reply by 4:30pm 10/28/97; the hearing will be held at 1:30pm on 10/30/97 IN THE EVENT THAT AN OBJECTION TO the application is timely filed; IF in camera review of these documents or any aspect thereof is not sought by 10/22/97 the documents shall be filed as soon as feasible but no later than 11/3/97; Re Trial Brief & 404(b) Brief; the govt’s supplemental redacted 404(b) brief on dft’s mental status defense shall be filed 10/15/97; dft’s trial brief & opposition to the govt’s 404(b) motion shall be filed 10/22/97; the govt’s reply to dft’s 404(b) opposition shall be filed 10/29/97; the clerk is directed to serve a copy of this order on Charity Kenyon, Diepenbrock Wulff Plant & Hannegan (cc: all counsel) (old) Modified on 10/09/1997 (Entered: 10/09/1997) |
| 255 | 1997-10-10.001 | RESPONSE by plaintiff USA to dft’s application for a protective order [0–0] (old) (Entered: 10/10/1997) |
| 256 | 1997-10-10.002 | OPPOSITION by defendant Theodore John Kaczynski to motion to compel compliance with Court Order to submit to mental examination by USA [222–1] (old) (Entered: 10/10/1997) |
| 257 | 1997-10-10.003 | CJA FORM 24 (Authorization and Voucher for Transcript Payment) for Theodore John Kaczynski (dd) (Entered: 10/14/1997) |
| 1997-10-14.001 | LODGED Document, proposed application for leave to file supplemental motion to suppress evidence NOT USED; Court to prepare order (old) | |
| 258 | 1997-10-14.002 | Government’s reply brief in support of its motion to compel compliance with court order to submit to mental examination [222–1] (old) (Entered: 10/14/1997) |
| 1997-10-14.003 | LODGED proposed guilt phase JURY INSTRUCTIONS and VERDICT FORMS by defendant Theodore John Kaczynski (old) | |
| 1997-10-15.001 | LODGED Document: proposed findings & order re: anonymous jury; not to be signed (old) | |
| 259 | 1997-10-15.002 | SUPPLEMENTAL OPPOSITION re conditions of court ordered mental examination of dft by defendant Theodore John Kaczynski [258–1] (old) (Entered: 10/15/1997) |
| 260 | 1997-10-15.003 | REPLY by defendant Theodore John Kaczynski to govt’s response to dft’s application for protective order [255–1] (old) (Entered: 10/15/1997) |
| 261 | 1997-10-15.004 | MINUTES before Judge Garland E. Burrell: conference call HELD re scheduling; court set hearing for 1:30 10/17/97 for Theodore John Kaczynski re scope of mental examination ; C/R Susan Vaughan (kdc) (Entered: 10/15/1997) |
| 1997-10-15.005 | LODGED stipulation and order granting pltf until 10/22/97 to file its Supplemental Motion to Admit Evidence pursuant to 404 (b) by plaintiff USA (old) Modified on 10/16/1997 | |
| 262 | 1997-10-16.001 | STIPULATION and order by Judge Garland E Burrell ORDERING: orit is stipulated between the parties that the govt may have to & including 10/22/97 to file its supplemental motion to admit evidence pursuant to 404(b) (cc: all counsel) (old) (Entered: 10/16/1997) |
| 263 | 1997-10-16.002 | REPLY by defendant Theodore John Kaczynski TO RESPONSE to motion to dismiss Govts’ 5/15/97 Notice of Intent to Seek Death Penalty [196–1] (old) Modified on 10/17/1997 (Entered: 10/16/1997) |
| 264 | 1997-10-16.003 | REPLY by defendant Theodore John Kaczynski to govts’ response to motion to preclude imposition of the death penalty [195–1] (old) (Entered: 10/17/1997) |
| 265 | 1997-10-17.001 | WAIVER of presence by defendant Theodore John Kaczynski (old) Modified on 10/17/1997 (Entered: 10/17/1997) |
| 266 | 1997-10-17.002 | TRANSCRIPT of 10/2/97 hearing on govt’s motion for sealing order & further hearing re: dft’s motion to protect privacy of jurors & integrity of the jury selection process & request to use anonymous jury C/R Catherine Bodene (old) Modified on 10/17/1997 (Entered: 10/17/1997) |
| 267 | 1997-10-17.003 | MINUTES before Judge Garland E. Burrell lodged Application for protective order re discovery and hearing re: scope of mental examination [0–0] SUBMITTED In-court hearing held on 10/17/97 ; Court to issue order; C/R Susan Vaughan (old) (Entered: 10/17/1997) |
| 268 | 1997-10-20.001 | SUPPLEMENTAL DECLARATION of Dr Seymour Halleck in support of dft’s opposition to govt’s requested conditions of court ordered mental exam [259–1] (old) (Entered: 10/20/1997) |
| 269 | 1997-10-20.002 | ORDER by Judge Garland E. Burrell: lodged order / Application by dft for protective order re discovery under FRcrP 16(b) [0–0] DENIED without prejudice (cc: all counsel) (old) (Entered: 10/20/1997) |
| 270 | 1997-10-20.003 | MOTION by USA TO CLARIFY the record of 10/17/97 hearing as to specifics of monitoring psychiatric examination of dft Theodore John Kaczynski; Motion not noticed (old) (Entered: 10/20/1997) |
| 271 | 1997-10-20.004 | TRANSCRIPT of 10/17/97 hearing on motion for protective order and hearing re scope of mental examination; C/R Susan Vaughan (kdc) (Entered: 10/21/1997) |
| 272 | 1997-10-21.001 | NOTICE OF MOTION AND MOTION by USA to supplement the record of the 10/17/97 hearing as to Theodore John Kaczynski; Not noticed (old) (Entered: 10/21/1997) |
| 273 | 1997-10-21.002 | RESPONSE by defendant Theodore John Kaczynski to motion by USA to supplement the record of the 10/17/97 hearing [272–1] (old) (Entered: 10/21/1997) |
| 274 | 1997-10-21.003 | SEALING ORDER by Magistrate Judge Gregory G. Hollows sealing Henthorn material until further order of court (cc: all counsel) (old) (Entered: 10/21/1997) |
| 275 | 1997-10-21.004 | RESPONSE by defendant Theodore John Kaczynski to Government’s motion TO CLARIFY the record of 10/17/97 [270–1] (kdc) (Entered: 10/21/1997) |
| 276 | 1997-10-22.001 | ORDER by Judge Garland E. Burrell ordering two separate mental examinations by two separate Government psychiatrist as to dft Kaczynski; Govt’s request to video tape examinations is DENIED; Examinations shall be audio taped; Dft’s request to limit examination re: charged and uncharged criminal offenses is DENIED; Delay of Examination for Discovery issue had been resolved by parties and is therefor moot (cc: all counsel) (old) (Entered: 10/22/1997) |
| 277 | 1997-10-22.002 | TRIAL BRIEF by defendant Theodore John Kaczynski (old) (Entered: 10/23/1997) |
| 278 | 1997-10-22.003 | OPPOSITION by defendant Theodore John Kaczynski to motion in limine for admission of evidence under FREvid 404(B) by USA [118–1] (old) (Entered: 10/23/1997) |
| 279 | 1997-10-23.001 | NOTICE OF MOTION AND MOTION re: provisional sealing of govt’s un-redacted motion to admit evidence under Rule 404(B), supplemental brief in support of Rule 404(B) motion & Trial Brief by defendant Theodore John Kaczynski ; findings & order; motion not noticed (old) (Entered: 10/23/1997) |
| 1997-10-23.002 | LODGED ORDER Findings & Order re: [1–279] by defendant Theodore John Kaczynski (old) | |
| 280 | 1997-10-23.003 | MINUTES of in chambers conference re: jury selection before Judge Garland E. Burrell; Attorneys present for govt — Steve Freccero, Steve Lapham, Robert Cleary; for dft Quin Denvir, Judy Clarke; C/R Susan Vaughan (old) (Entered: 10/23/1997) |
| 281 | 1997-10-23.004 | SUPPLEMENTAL BRIEF by plaintiff USA in support of its motion in limine for admission of evidence under FRCP 404(B) [118–1] (old) (Entered: 10/23/1997) |
| 282 | 1997-10-23.005 | TRIAL BRIEF (redacted) by plaintiff USA (old) (Entered: 12/05/1997) |
| 283 | 1997-10-24.001 | OBJECTIONS by News Media to in camera hearing & sealing of trial records; request for access to certain additional documents (old) (Entered: 10/24/1997) |
| 284 | 1997-10-24.002 | MINUTE ORDER: Judge Garland E Burrell held telephonic status conference to resolve dispute re: dft’s participation as to the previously ordered mental examinations; At hearing, dft stated through counsel that he would NOT submit to the previously ordered (9/19/97 & 10/22/97) mental examinations [276–1] C/R Susan Vaughn; (Judge Burrell conducted hearing from the Eastern District Conference at Monteray CA); cc: all counsel (old) (Entered: 10/24/1997) |
| 285 | 1997-10-24.003 | MINUTES of telephonic hearing before Judge Garland E. Burrell: Hearing conducted from the Eastern District of California Conference location of Monteray California; Dft stated through counsel that he will not submit to mental examinations as previously ordered by Court on 9/19/97 and 10/22/97 [276–1] C/R Susan Vaughan (old) (Entered: 10/24/1997) |
| 286 | 1997-10-27.001 | TRANSCRIPT of 10/24/97 hearing on dft’s refusal to submit to mental examination by C/R Susan Vaughan (old) (Entered: 10/27/1997) |
| 287 | 1997-10-27.002 | CJA Form 23 (Financial Affidavit) as to Theodore John Kaczynski (old) (Entered: 10/27/1997) |
| 288 | 1997-10-27.003 | CJA Form 23 (Financial Affidavit) as to Theodore John Kaczynski (old) (Entered: 10/27/1997) |
| 289 | 1997-10-28.001 | REPLY BRIEF by plaintiff USA in support of its motion in limine for admission of evidence under FRCrP 404(B) [118–1] (old) (Entered: 10/28/1997) |
| 290 | 1997-10-28.002 | REPLY by defendant Theodore John Kaczynski to Media’s objection to motion re: provisional sealing of govt’s un-redacted motion to admit evidence under Rule 404(B), supplemental brief in support of Rule 404(B) motion & Trial Brief by defendant Theodore John Kaczynski [279–1] (old) (Entered: 10/28/1997) |
| 291 | 1997-10-29.001 | NOTICE OF HEARING: dft’s motion to dismiss Government’s 5/15/97 Notice of Intent to Seek Death Penalty [196–1]; motion to preclude imposition of the death penalty by defendant Theodore John Kaczynski [195–1]; and motion for provisional closure order [279–1] has been RESCHEDULED for 1:30 10/31/97 before GEB (kdc) (Entered: 10/29/1997) |
| 292 | 1997-10-29.002 | RESPONSE by plaintiff USA to dft’s reply to Media Objection to Motion to seal re: sealing of govt’s un-redacted motion to admit evidence under Rule 404(B) [279–1] (old) (Entered: 10/29/1997) |
| 293 | 1997-10-29.003 | RESPONSE by plaintiff USA to dft’s trial brief [277–1] (old) (Entered: 10/29/1997) |
| 294 | 1997-10-29.004 | RESPONSE by defendant Theodore John Kaczynski to govt’s reply to motion in limine for admission of evidence under FREvid 404(B) by USA [118–1] (old) (Entered: 10/30/1997) |
| 295 | 1997-10-31.001 | MINUTES before Judge Garland E. Burrell: motion to preclude imposition of the death penalty by defendant Theodore John Kaczynski [195–1] SUBMITTED, motion re provisional sealing of govt’s un-redacted motion to admit evidence by defendant Theodore John Kaczynski [279–1] SUBMITTED, motion to dismiss Government’s 5/15/97 Notice of Intent to Seek Death Penalty by defendant Theodore John Kaczynski [196–1] SUBMITTED; court will issue an order; court set briefing schedule for motion to preclude imposition the death penalty by defendant Theodore John Kaczynski [195–1]; government’s opening brief to be filed by 4:30 on 11/6/97; dft’s opposition to be filed by 4:30 on 11/12/97; government’s reply to be filed by 4:30 on 11/14/97; HEARING SET FOR 1:00 11/21/97 on motion to preclude mental condition defense; C/R S Vaughan (kdc) (Entered: 10/31/1997) |
| 296 | 1997-10-31.002 | CJA FORM 24 (Authorization and Voucher for Transcript Payment) for Theodore John Kaczynski (old) (Entered: 11/03/1997) |
| 297 | 1997-10-31.003 | CJA FORM 24 (Authorization and Voucher for Transcript Payment) for Theodore John Kaczynski (old) (Entered: 11/03/1997) |
| 298 | 1997-11-04.001 | ORDER by Judge Garland E Burrell ORDERING: during the 10/31/97 hearing the following schedule was established for briefing on the govt’s challenge to dft’s mental status defense: the govt’s motion shall be filed no later than 11/6/97; dft’s opposition to the govt’s motion shall be filed no later than 11/12/97 & the govt’s reply shall be filed no later than 11/14/97; each party is required to file & personally serve the opposing party the referenced pleading no later than 4:30pm on the stated date; motion hearing on govt’s challenge to dft’s mental status defense is set for 1:00pm on 11/21/97 for Theodore John Kaczynski (cc: all counsel) (old) (Entered: 11/05/1997) |
| 299 | 1997-11-04.002 | ORDER by Judge Garland E Burrell ORDERING: on 10/23/97 the parties met in chambers to discuss the procedures that would be utilized in selecting the jury; the court has determined that the following procedures will govern the selection of the jury: the jurors will be divided into panels of twelve; the panels will then be scheduled to come to the courthouse at a rate of one panel per day (six jurors being scheduled for the morning & six for the afternoon); jurors reporting to the courthouse will be taken to the courtroom where the court will explain the jury selection process & the procedures for a capitol trial; (please see order for more detailed information) (cc: all counsel) (old) (Entered: 11/05/1997) |
| 300 | 1997-11-04.003 | ORDER by Judge Garland E Burrell ORDERING: motion re: provisional sealing of govt’s un-redacted motion to admit evidence Rule 404(B), supplemental brief in support of Rule 404(B) motion & Trial Brief by defendant Theodore John Kaczynski [279–1] is GRANTED; the govt is directed to file its unredacted 404(b) brief under seal within 5 days from the date this order is served; the appropriateness of continued sealing will be considered after a ruling has been issued on the evidentiary matters that are the subject of this sealing order (cc: all counsel) (old) (Entered: 11/05/1997) |
| 301 | 1997-11-04.004 | ORDER by Judge Garland E Burrell ORDERING: the News Media’s requests for transcripts & access to the more specific notice of dft’s mental status defense that the Court ordered dft to provide the govt are DENIED (cc: all counsel) (old) (Entered: 11/05/1997) |
| 302 | 1997-11-04.005 | TRANSCRIPT of 10/23/97 hearing on Chambers Conference re Jury Selection & Trial Scheduling (Partial Transcript) by C/R Susan Vaughan (old) (Entered: 11/05/1997) |
| 303 | 1997-11-04.006 | TRANSCRIPT of 10/31/97 hearing on Notice of Motion to Dismiss Notice of Intent to seek death penalty; motion to preclude imposition of death penalty motion for provisional sealing order by C/R Susan Vaughan (old) (Entered: 11/05/1997) |
| 1997-11-05.001 | RESERVICE OF DOCUMENT(S) order [299–1] addressed to defendant, plaintiff (cc: all counsel) (old) | |
| 1997-11-05.002 | RESERVICE OF DOCUMENT(S) order [300–1] addressed to defendant, plaintiff (cc: all counsel) (old) | |
| 304 | 1997-11-05.003 | ORDER by Judge Garland E. Burrell pertaining to Jury: Dft has been furnished with a list of jurors and their addresses per 18:3432; dft may contact Jury Administrator directly to determine any address changes; Any updated information must be obtained in person to insure juror confidentiality (cc: Jury Administrator, all counsel) (old) (Entered: 11/05/1997) |
| 305 | 1997-11-05.004 | NOTICE OF MOTION AND MOTION by USA to preclude dft from relying on expert mental health testimony at guilt phase and TO REQUIRE dft to undergo mental exam before sentencing as to Theodore John Kaczynski; Hearing set for 1:30 p.m. 11/21/97 before the Honorable Garland E Burrell (old) (Entered: 11/05/1997) |
| 306 | 1997-11-06.001 | BRIEF by defendant Theodore John Kaczynski re: proper scope of voir dire in capital cases (old) (Entered: 11/06/1997) |
| 1997-11-07.002 | LODGED ORDER Proposed Introductory comments to prospective jurors about jury selection & capitol trial procedures by defendant Theodore John Kaczynski (old) | |
| 310 | 1997-11-07.003 | ORDER by Judge Garland E. Burrell: Dft’s Motion to preclude imposition of the death penalty [195–1] is DENIED in its entirety; Dft’s Motion to dismiss Government’s 5/15/97 Notice of Intent to Seek Death Penalty [196–1] is GRANTED in part and DENIED in part (by 11/14/97 the govt shall disclose to the dft the precise acts and/or events for which it contends the dft lacks remorse;) Govts’ request for leave to amend the Death Penalty Notice is GRANTED; The amended notice shall be filed no later than 3:30 p.m. 11/10/97 [97–1] (cc: all counsel) (old) (Entered: 11/07/1997) |
| 1997-11-07.004 | LODGED Govts’ proposed instruction to venire by pltf USA (old) | |
| 311 | 1997-11-07.005 | ORDER by Judge Garland E. Burrell: Dft’s motion for reconsideration [176–1] GRANTED; Dft’s motion to suppress evidence or, alternatively, for a Franks hearing is DENIED; Dft’s motion to supplement the record is GRANTED (cc: all counsel) (old) (Entered: 11/07/1997) |
| 307 | 1997-11-07.006 | (A) NOTICE OF MOTION AND MOTION in limine for admission of evidence under FR Evid 404(B) by USA as to Theodore John Kaczynski hearing set for 1:30pm on 7/11/97 (unsealed 2/9/98 pursuant to court order [530–1]) (old) Modified on 02/10/1998 (Entered: 02/10/1998) |
| 308 | 1997-11-07.007 | EX PARTE APPLICATION by defendant Theodore John Kaczynski for subpoena duces tecum under FRCrP 17(C) (unsealed 2/9/98 pursuant to court order [530–1]) (old) (Entered: 02/10/1998) |
| 309 | 1997-11-07.008 | ORDER by Magistrate Judge Gregory G Hollows ORDERING: for the reasons set forth in dft’s attached application it is hereby ordered that the dft is authorized to issue a subpoena duces tecum to the Musking County Board of Education for early production of the records attached in Exhibit A [308–1] (cc: all counsel) (unsealed 2/9/98 pursuant to court order [530–1]) (old) (Entered: 02/10/1998) |
| 312 | 1997-11-10.001 | NOTICE OF MOTION AND MOTION for attorney conducted voir dire by defendant Theodore John Kaczynski ; hearing set for 9:00am on 11/12/97 (old) (Entered: 11/10/1997) |
| 313 | 1997-11-10.002 | NOTICE by plaintiff USA to seek the death penalty (old) (Entered: 11/10/1997) |
| 314 | 1997-11-10.003 | BRIEF by plaintiff USA re: jury voir dire (old) (Entered: 11/10/1997) |
| 1997-11-10.004 | LODGED ORDER Stipulation & Order to dismiss prospective jurors for hardship or other good cause by plaintiff USA (old) | |
| 317 | 1997-11-10.005 | NOTICE OF MOTION AND MOTION to seek jury input re court hours & holiday schedule by defendant Theodore John Kaczynski ; hearing set for 9:00am on 11/12/97 (old) (Entered: 11/12/1997) |
| 319 | 1997-11-10.006 | MINUTES before Judge Garland E Burrell: conference call re: jury selection C/R Susan Vaughan (old) (Entered: 11/12/1997) |
| 315 | 1997-11-12.001 | PROPOSED Voir Dire by plaintiff USA (old) (Entered: 11/12/1997) |
| 316 | 1997-11-12.002 | RESPONSE by plaintiff USA to motion for attorney conducted voir dire by defendant Theodore John Kaczynski [312–1] (old) (Entered: 11/12/1997) |
| 318 | 1997-11-12.003 | OBJECTIONS by defendant Theodore John Kaczynski to govt’s proposed voire dire questions [315–1] (old) (Entered: 11/12/1997) |
| 320 | 1997-11-12.004 | ORDER by Judge Garland E. Burrell: the Government is directed to file its supplemental 404(b) brief under SEAL by 11/17/97 (cc: all counsel) (kdc) (Entered: 11/12/1997) |
| 321 | 1997-11-12.005 | ORDER by Judge Garland E. Burrell: for reasons stated in the order filed 11/4/97, authorizing the transcription and filing portions of another chambers conference held in this action, the Court reporter has been directed to file portions of the chambers conference conducted on 11/10/97 no later than 11/13/97 (cc: all counsel) (kdc) (Entered: 11/12/1997) |
| 322 | 1997-11-12.006 | ORDER by Judge Garland E. Burrell; pltf and dft Theodore John Kaczynski by their attorneys hereby stipulate that the prospective jurors designated by their original juror number shall be discharged for hardship or other good cause (cc: all counsel) (old) Modified on 11/12/1997 (Entered: 11/12/1997) |
| 1997-11-12.007 | LODGED Document: findings & order; not to be used (old) | |
| 323 | 1997-11-12.008 | OPPOSITION by defendant Theodore John Kaczynski in 2:96-cr-00259 to motion by USA to preclude dft from relying on expert mental health testimony at guilt phase and TO REQUIRE dft to undergo mental exam before sentencing in 2:96-cr-00259 (old) (Entered: 11/12/1997) |
| 324 | 1997-11-12.009 | ORDER by Magistrate Judge Gregory G Hollows ORDERING: the United States shall disclose the redacted information as described; the submission of in camera documents given to the court & which this court has reviewed shall be filed under seal & not disclosed for public review until further order of the court (cc: all counsel) (old) (Entered: 11/13/1997) |
| 325 | 1997-11-12.010 | MINUTES before Judge Garland E Burrell: jury selection; lunch recess; resume jury selection; recess to 11/13/97; C/Rs (am) Susan Vaughan, Dennis Mckinnon; (pm) Kelly O’Halloran & Susan Vaughan; trial began (old) (Entered: 11/13/1997) |
| 326 | 1997-11-12.011 | LETTER to court from counsel for plaintiff USA re: documents submitted & prepared by agents during the course of the investigation (unsealed 2/9/98 pursuant to court order [530–1]) (old) (Entered: 02/10/1998) |
| 327 | 1997-11-13.001 | TRANSCRIPT of 11/10/97 hearing on telephonic conference by C/R Susan Vaughan (old) (Entered: 11/13/1997) |
| 328 | 1997-11-14.001 | MINUTES before Judge Garland E. Burrell of JURY SELECTION — 2nd Day; 9:00 a.m. Jury selection, Jurors 16, 19, 21, 22 excused; 12:30 lunch; 1:30 resume, Jurors 24, 25, 15 excused; Counsel to submit for cause challenges by 11/17/97 by 4:30 p.m. Replys to be filed by 11/19/97 at 4:30 p.m. Argument will be held 11/21/97 at 1:00p.m. 4:15 recess to 11/17/97 at 9:00 a.m. C/R (morning session) Kelly O’Halloran / Dennis McKinnon; (afternoon session) Susan Vaughan / Kelly O’Halloran (old) (Entered: 11/14/1997) |
| 329 | 1997-11-14.002 | MEMORANDUM by plaintiff USA titled “Reply Brief” in support of its motion to preclude dft from relying on expert mental health testimony at guilt phase of trial [305–1] (old) (Entered: 11/14/1997) |
| 331 | 1997-11-14.004 | BRIEF by defendant Theodore John Kaczynski re: voir dire (old) (Entered: 11/14/1997) |
| 341 | 1997-11-14.005 | LETTER to court from counsel Robert Cleary for plaintiff USA re: violation of protective order (old) (Entered: 11/19/1997) |
| 330 | 1997-11-14.006 | (A) SUPPLEMENTAL BRIEF by plaintiff USA in support of its motion in limine for admission of evidence under FR Evid 404(B) (unsealed 2/9/98 pursuant to court order [530–1]) (old) (Entered: 02/10/1998) |
| 332 | 1997-11-17.001 | TRANSCRIPT of 11/12/97 hearing on Jury Trial Vol 1 by C/R Susan Vaughan; Dennis McKinnon; Kelly O’Halloran (old) (Entered: 11/17/1997) |
| 333 | 1997-11-17.002 | NOTICE OF MOTION AND MOTION & BRIEF to excuse for cause juror nos 11, 14, 17, 18 & 29 by defendant Theodore John Kaczynski hearing set for 1:00pm on 11/21/97 (old) (Entered: 11/17/1997) |
| 1997-11-17.003 | LODGED ORDER Stipulation & Order by defendant Theodore John Kaczynski (old) | |
| 334 | 1997-11-17.004 | NOTICE OF MOTION AND MOTION to strike juror no 30 by USA as to Theodore John Kaczynski hearing set for 1:30pm on 11/21/97 (old) (Entered: 11/17/1997) |
| 335 | 1997-11-17.005 | LETTER to Mssrs. Seave and Cleary from the Honorable Gregory G Hollows (old) (Entered: 11/17/1997) |
| 336 | 1997-11-17.006 | MINUTES before Judge Garland E. Burrell of 11/17/97 jury selection; C/R Vaughan and McKinnon — a.m., O’Halloran and Vaughan — p.m.; Jurors 28 26, 45, 47 excused; recess to 11/18/97 at 9:00 a.m. (old) (Entered: 11/18/1997) |
| 337 | 1997-11-18.001 | SUPPLEMENTAL BRIEF by plaintiff USA in support of its motion to preclude [305–1] (old) (Entered: 11/18/1997) |
| 338 | 1997-11-18.002 | SUPPLEMENTAL BRIEF by defendant Theodore John Kaczynski IN OPPOSITION to Govt’s motion to preclude mental health testimony at guilt phase of trial [305–1] (old) (Entered: 11/18/1997) |
| 339 | 1997-11-18.003 | MINUTES of 4th day Jury Selection before Judge Garland E. Burrell; Jurors 42, 49, 54, 36, 60, 61, 63 excused; Counsel to submit for cause challenges re: jurors appearing 11/17/97 and 11/18/97 by 4:30 on 11/19/97; Replies due 4:30 p.m. on 11/20/97; Counsel to submit briefs re: sidebar conferences by 11/24/97; Recess to 11/19/97 at 9:00 a.m. C/R O’Halloran / Vaughan (a.m.) McKinnon / O’Halloran (p.m.) (old) (Entered: 11/19/1997) |
| 340 | 1997-11-19.001 | STIPULATION and order by Judge Garland E. Burrell: lodged order motion [0–0] GRANTED: It is hereby stipulated that the jury commissioner shall make available for the parties’ inspection the race and ethnicity of the jurors whom the jury commissioner excused for hardship (old) (Entered: 11/19/1997) |
| 342 | 1997-11-19.002 | RESPONSE in opposition by defendant Theodore John Kaczynski to motion to strike juror no 30 by USA [334–1] (old) (Entered: 11/19/1997) |
| 343 | 1997-11-19.003 | RESPONSE IN OPPOSITION by plaintiff USA to motion to excuse jurors 11, 14, 17, 18 & 29 for cause by defendant Theodore John Kaczynski [333–1] (old) (Entered: 11/19/1997) |
| 344 | 1997-11-19.004 | NOTICE OF MOTION AND MOTION to excuse jurors 43 and 53 for cause by USA as to Theodore John Kaczynski; Hearing set for 1:00 p.m. 11/21/97 before the Honorable Garland E Burrell (old) (Entered: 11/19/1997) |
| 345 | 1997-11-19.005 | NOTICE OF MOTION AND MOTION to excuse jurors 13, 40, 51, 62 for cause by defendant Theodore John Kaczynski Hearing set for 1:30 11/21/97 before the Honorable Garland E Burrell (old) (Entered: 11/19/1997) |
| 346 | 1997-11-19.006 | Govts’ RESPONSE TO dft’s SUPPLEMENTAL BRIEF in opposition to motion by USA to preclude dft from relying on expert mental health testimony at guilt phase and to require dft to undergo mental exam before sentencing [305–1] (old) (Entered: 11/19/1997) |
| 347 | 1997-11-20.001 | COURT NOTICE: The time for the hearing on Govts’ motion to preclude expert mental health testimony at guilt phase and the hearing re for cause challenges has been changed to 1:30 p.m. 11/21/97 [305–1] [344–1] [334–1] (old) (Entered: 11/20/1997) |
| 348 | 1997-11-20.002 | TRANSCRIPT 11/13/97 Jury Trial; Volume 2, pp. 198–417 by C/R O’Halloran, McKinnon, Vaughan (old) (Entered: 11/20/1997) |
| 349 | 1997-11-20.003 | TRANSCRIPT of 11/17/97 Jury Trial; Volume 3, pp. 418–650 by C/R Vaughan, O’Halloran, McKinnon (old) (Entered: 11/20/1997) |
| 350 | 1997-11-20.004 | TRANSCRIPT of 11/18/97 Jury Trial; Volume 4, pp. 651–822 by C/R O’Halloran, Vaughan, McKinnon (old) (Entered: 11/20/1997) |
| 351 | 1997-11-20.005 | MINUTES of Jury Selection day 5 before Judge Garland E. Burrell; Jurors 50,65,66,67,69,70,71,79,80 excused; Recess to 11/20/97 at 9:00 a.m. C/R Vaughan, McKinnon a.m. and O’Halloran, Vaughan p.m. (old) (Entered: 11/20/1997) |
| 352 | 1997-11-20.006 | OPPOSITION by defendant Theodore John Kaczynski to motion to excuse jurors 43 and 53 for cause by USA [344–1] (old) (Entered: 11/20/1997) |
| 353 | 1997-11-20.007 | REPLY by dft Theodore John Kaczynski to response by USA to dfts’s supplemental brief in opposition to Govts’ motion to preclude dft from relying on expert mental health testimony at guilt phase and TO REQUIRE dft to undergo mental exam before sentencing [305–1] (old) (Entered: 11/20/1997) |
| 354 | 1997-11-20.008 | OPPOSITION by plaintiff USA to motion to excuse jurors 13, 40, 51, 62 for cause by defendant Theodore John Kaczynski [345–1] (old) (Entered: 11/20/1997) |
| 355 | 1997-11-20.009 | MINUTES of Jury Selection day 6 before Judge Garland E. Burrell; Jurors 86, 90, 94, 95, 96 excused; C/R O’Halloran / Vaughan a.m. and Dennis McKinnon p.m., Court recessed to 11/24/97 at 9:00 a.m. (old) (Entered: 11/20/1997) |
| 356 | 1997-11-21.001 | MINUTES of 11/21/97 hearing before Judge Garland E. Burrell: Re Govts’ motion to preclude expert mental health testimony at guilt phase of trial, Counsel directed to meet and confer; Dft’s motion to challenge Jurors 11, 14, 17, 18, 29, 13, 40, 51, 62 GRANTED as to 17, 18, 29, 13 and DENIED as to 11, 14, 40, 51; Ruling reserved as to 62; Govt’s motion to challenge 30, 43, 53 DENIED as MOOT; C/R Susan Vaughan, Kelly O’Hallora (old) (Entered: 11/21/1997) |
| 357 | 1997-11-24.001 | BRIEF re: release of sidebar conference trancripts by defendant Theodore John Kaczynski (old) (Entered: 11/24/1997) |
| 359 | 1997-11-24.002 | TRANSCRIPT of 11/19/97 Jury Trial, Volume 5, by C/R Kelly O’Halloran (kdc) Modified on 11/25/1997 (Entered: 11/25/1997) |
| 358 | 1997-11-25.001 | MINUTES of 7th day jury trial before Judge Garland E. Burrell; Jurors 41, 93, 62, 99, 100, 44, 104, 106, 107, 108, 109 EXCUSED; Counsel to submit briefs re: for cause challenges as to jurors that appeared November 19th and 20th by 11/25/97, noon; Replies due 11/26/97 by 4:30 p.m. Counsel to submit briefs re: for cause challenges as to jurors that appeared November 24th — 26 by 12/2/97, 4:30 p.m.; HEARING SCHEDULED re: for cause challenges 12/5/97 at 1:30 p.m.; Recess to 11/25/97 at 9:00 a.m. C/R Bodine and McNamara a.m., Vaughan and Bodine p.m. (old) (Entered: 11/25/1997) |
| 360 | 1997-11-25.002 | TRANSCRIPT of 11/20/97 Jury Trial, volume 6, by C/R Dennis McKinnon (kdc) (Entered: 11/25/1997) |
| 361 | 1997-11-25.003 | TRANSCRIPT of 11/21/97 Jury Trial, volume 7, by C/R Kelly O’Halloran (kdc) (Entered: 11/25/1997) |
| 362 | 1997-11-25.004 | NOTICE OF MOTION AND MOTION to excuse for cause juror numbers 72 & 74 by defendant Theodore John Kaczynski ; hearing set for 1:30pm on 12/5/97 (old) (Entered: 11/25/1997) |
| 363 | 1997-11-25.005 | WAIVER of dft’s presence during jury selection by defendant Theodore John Kaczynski (old) (Entered: 11/26/1997) |
| 365 | 1997-11-25.006 | MINUTES of Jury Selection 8th Day before Judge Garland E Burrell: juror #‘s 81, 110, 111, 112, 113 & 138 were excused; court heard further argument regarding the govt’s motion to exclude expert mental health testimony; lunch recess; resume jury selection, juror #‘s 115, 119 were excused; recess; dft waived his presence from court proceedings on 11/26/97; C/R Peggy McNamara, Susan Vaughan, Kathy Bodene (old) (Entered: 11/26/1997) |
| 364 | 1997-11-26.001 | TRANSCRIPT of 11/24/97 on jury trial; C/R McNamara, Bodene and Vaughan (old) (Entered: 11/26/1997) |
| 366 | 1997-11-26.002 | OPPOSITION by plaintiff USA to motion to excuse for cause juror numbers 72 & 74 by defendant Theodore John Kaczynski [362–1] (kh) (Entered: 11/26/1997) |
| 367 | 1997-11-26.003 | MINUTES of 9th day Jury Selection before Judge Garland E. Burrell; Jurors 125, 130 excused; Recess to 12/1/97 at 9:00 a.m. C/R Vaughan and Bodine (a.m.) McNamara and Vaughan (p.m.) (old) (Entered: 12/01/1997) |
| 368 | 1997-12-01.001 | CJA FORM 24 (Authorization and Voucher for Transcript Payment) for Theodore John Kaczynski (old) (Entered: 12/01/1997) |
| 369 | 1997-12-01.002 | MINUTES of 10th Day Jury Selection before Judge Garland E. Burrell; Jurors 139, 27, 129, 145, 150, excused; Recess to 12/2/97 at 9:00 a.m. C/R Bodine, McKinnon (a.m.) McNamara, Vaughan (p.m.) (old) (Entered: 12/01/1997) |
| 370 | 1997-12-02.001 | TRANSCRIPT of Jury Trial 11/25/97, Vol 9, pp.1453–1680 by C/R McNamara, Vaughan, Bodene (old) (Entered: 12/02/1997) |
| 371 | 1997-12-02.002 | TRANSCRIPT of Jury Trial 11/26/97, Vol 10, pp. 1681–1965 by C/R Vaughan, Bodene, McNamara (old) (Entered: 12/02/1997) |
| 372 | 1997-12-02.003 | SUPPLEMENTAL BRIEF by plaintiff USA in support of its motion to require the dft to undergo a mental examination before sentencing [305–1] (old) (Entered: 12/02/1997) |
| 373 | 1997-12-02.004 | NOTICE OF MOTION AND MOTION to excuse for cause jurors 103, 105, 121, 126, 127, 131, 133, 140 by defendant Theodore John Kaczynski Hearing set for 1:30 12/5/97 before the Honorable Garland E Burrell (old) (Entered: 12/02/1997) |
| 374 | 1997-12-02.005 | MINUTES of Jury Selection Day 11 before Judge Garland E Burrell: jury selection; juror #‘s 151, 153, 156, 72, 167, 173, 181 & 189 were excused; lunch recess; juror #‘s 163 & 164 were excused; recess to 12/3/97; C/R (am) Kathy Bodine & Peggy McNamara (pm) Dennis McKinnon & Susan Vaughan (old) (Entered: 12/03/1997) |
| 375 | 1997-12-03.001 | CERTIFIED copy of judgment from 9th Circuit appeal [225–1] DISMISSED; appellant’s alternative petition for writ of mandamus is DENIED (cc: all counsel) (old) (Entered: 12/03/1997) |
| 376 | 1997-12-03.002 | MINUTES of 12th day Jury Selection before Judge Garland E. Burrell: Jurors 117, 194, 185, 171, 172, 176 excused; Motions to excuse jurors that appeared on 12/1/97 and 12/2/97 are due 12/5/97, w / replies due 12/9/97; Motions to excuse jurors that appeared on 12/3/97 and 12/4/97 are due 12/9/97, w / replies due 12/11/97; Motions to excuse jurors that appeared on 12/8, 12/9, 12/10, 1997 are due 12/12/97, w / replies due 12/15/97; Counsel to submit proposed voir dire by 12/15/97; Recess to 12/4/97; C/R McNamara, Bodine (a.m.) McKinnon, Vaughan (p.m.) (old) (Entered: 12/04/1997) |
| 387 | 1997-12-03.003 | CJA FORM 24 (Authorization and Voucher for Transcript Payment) for Theodore John Kaczynski (old) (Entered: 12/09/1997) |
| 379 | 1997-12-04.001 | MINUTES of Jury Selection 13th Day before Judge Garland E Burrell; jury selection Juror #‘s 192, 197, 159 & 182 were excused; lunch recess; resume jury selection; recess to 12/8/97 at 9:00am C/R (am) Kathy Bodene & Dennis McKinnon (pm) Peggy McNamara & Susan Vaughan (old) (Entered: 12/05/1997) |
| 377 | 1997-12-05.001 | TRANSCRIPT of 12/1/97 hearing on Jury Trial Vol 11 by C/R Catherine Bodene, Dennis McKinnon, Margaret McNamara & Susan Vaughan (old) (Entered: 12/05/1997) |
| 378 | 1997-12-05.002 | TRANSCRIPT of 12/2/97 hearing on Jury Trial Vol 12 by C/R Catherine Bodene, Margaret McNamara, Dennis McKinnon & Susan Vaughan (old) (Entered: 12/05/1997) |
| 380 | 1997-12-05.003 | OPPOSITION by plaintiff USA to dft’s motion to excuse for cause jurors 103, 105, 121, 126, 127, 131, 133, 140 by defendant Theodore John Kaczynski [373–1] (old) (Entered: 12/05/1997) |
| 381 | 1997-12-05.004 | MOTION (not noticed) to excuse for cause jurors 124, 152, 155 by defendant Theodore John Kaczynski (old) (Entered: 12/05/1997) |
| 382 | 1997-12-05.005 | BRIEF by defendant Theodore John Kaczynski in response to questions re: penalty phase notice (old) (Entered: 12/05/1997) |
| 383 | 1997-12-05.006 | MOTION to excuse jurors 144, 146, 157 by USA as to Theodore John Kaczynski (old) (Entered: 12/05/1997) |
| 384 | 1997-12-08.001 | MINUTES of Jury Selection Day 14 before Judge Garland E Burrell: jury selection: juror #‘s 166, 198, 200, 202, 32, 103, 105, 127 & 140 were excused; lunch recess; resume jury selection; juror #201 was excused; recess; C/R (am) Kelly O’Halloran & Dennis McKinnon (pm) Kathy Bodene & Kelly O’Halloran (old) (Entered: 12/09/1997) |
| 385 | 1997-12-09.001 | TRANSCRIPT of 12/3/97 hearing on Jury Trial Vol 13; C/R M McNamara, Catherine Bodene, Dennis McKinnon & Susan Vaughan (old) (Entered: 12/09/1997) |
| 386 | 1997-12-09.002 | TRANSCRIPT of 12/4/97 hearing on Jury Trial Vol 14 by C/R Catherine Bodene, Dennis McKinnon, M McNamara & Susan Vaughan (old) (Entered: 12/09/1997) |
| 388 | 1997-12-09.003 | OPPOSITION by defendant Theodore John Kaczynski to motion to excuse jurors 144, 146, 157 by USA [383–1] (old) (Entered: 12/09/1997) |
| 389 | 1997-12-09.004 | NOTICE OF MOTION AND MOTION to excuse for cause juror #‘s 169, 170, 183, 184, 186, 188, & 190 by defendant Theodore John Kaczynski (old) (Entered: 12/09/1997) |
| 390 | 1997-12-09.005 | OPPOSITION by plaintiff USA to motion to excuse for cause jurors 124, 152, 155 by defendant Theodore John Kaczynski [381–1] (old) (Entered: 12/10/1997) |
| 391 | 1997-12-10.001 | MINUTES of Jury Selection day 15 before Judge Garland E. Burrell; Jurors 208, 209, 213, 215, 233, 34, 191, 210, 220, 221, 229, 234, 235, 216, 217 excused; Recess to 11/10/97 at 9:00 a.m. C/R McKinnon and Bodine (a.m.) McKinnon (p.m.) (old) (Entered: 12/10/1997) |
| 392 | 1997-12-10.002 | MINUTES before Judge Garland E Burrell: jury selection juror #‘s 242, 243, & 247 were excused; lunch recess; resume jury selection; juror #‘s 236, 124, 152, 155 & 157 were excused; recess to 12/18/97 at 9:00am; C/R (am) Kathy Bodene & Dennise McKinnon (pm) Kelly O’Halloran & Kathy Bodine (old) (Entered: 12/11/1997) |
| 393 | 1997-12-11.001 | RESPONSE IN OPPOSITION by plaintiff USA to motion to excuse for cause juror #‘s 169, 170, 183, 184, 186, 188, & 190 by defendant Theodore John Kaczynski [389–1] (old) (Entered: 12/11/1997) |
| 399 | 1997-12-11.002 | Order from Circuit Court: this petition for writ of mandamus raises issues that warrant a response; within 14 days of this order real parties in interes shall file a response; the district court may file a response if it so desires; petitioner may file a reply within 7 days of service of the response (old) (Entered: 12/15/1997) |
| 394 | 1997-12-12.001 | TRANSCRIPT of 12/9/97 hearing on jury trial volume 16 by C/R Dennis McKinnon, Catherine Bodene and Kelly O’Halloran (old) (Entered: 12/12/1997) |
| 395 | 1997-12-12.002 | TRANSCRIPT of 12/8/97 hearing on Jury Trial Volume 15 by C/R Kelly O’Halloran, Dennis McKinnon and Catherine Bodene (old) (Entered: 12/12/1997) |
| 396 | 1997-12-12.003 | TRANSCRIPT of 12/10/97 hearing on Jury Trial Volume 17; by C/R Catherine Bodene, Dennis McKinnon and Kelly O’Halloran (old) (Entered: 12/12/1997) |
| 397 | 1997-12-12.004 | MOTION AND BRIEF to excuse for cause juror numbers 147, 212, 222, 238 and 244 by defendant Theodore John Kaczynski (old) (Entered: 12/12/1997) |
| 398 | 1997-12-12.005 | NOTICE OF MOTION AND MOTION to excuse for cause juror no’s 203 & 228 by USA as to Theodore John Kaczynski (old) (Entered: 12/15/1997) |
| 400 | 1997-12-15.001 | NOTICE to all counsel of receipt of Ninth Circuit Court of Appeals Order [399–1] (old) (Entered: 12/15/1997) |
| 401 | 1997-12-15.002 | ORDER by Judge Garland E Burrell ORDERING: motion to excuse for cause juror #‘s 169, 170, 183, 184, 186, 188, & 190 by defendant Theodore John Kaczynski [389–1] is DENIED (cc: all counsel) (old) (Entered: 12/15/1997) |
| 402 | 1997-12-15.003 | OPPOSITION by defendant Theodore John Kaczynski to motion to excuse for cause juror no’s 203 & 228 by USA [398–1] (kdc) (Entered: 12/15/1997) |
| 403 | 1997-12-15.004 | OPPOSITION by defendant Theodore John Kaczynski to motion to excuse for cause juror numbers 147, 212, 222, 238 and 244 [397–1] (kdc) (Entered: 12/15/1997) |
| 404 | 1997-12-16.001 | MINUTES before Judge Garland E. Burrell: the court and parties agree that the hearing currently scheduled for 12/18/97 is unnecessary and is hereby VACATED; the court finds that it need not rule on for cause challenges against Jurors 228, 238 and 244; defense motions to strike Jurors 147, 212, 222 is GRANTED [398–1]; government’s motion to excuse Juror 302 is DENIED [397–1]; hearing on pre-emptory challenges set for 9:00 12/22/97 for Theodore John Kaczynski C/R Susan Vaughan (kdc) (Entered: 12/16/1997) |
| 405 | 1997-12-16.002 | ORDER by Judge Garland E Burrell ORDERING: in-court hearing on peremptory challenges set for 9:00am on 12/22/97 for Theodore John Kaczynski ; further the parties should be prepared to argue whether the court has authority to compel Kaczynski to submit to a sentencing phase mental examination (cc: all counsel) (old) (Entered: 12/17/1997) |
| 406 | 1997-12-17.001 | ORDER by Judge Garland E Burrell ORDERING: Juror 98 is excused for financial hardship reasons (cc: all counsel) (old) (Entered: 12/17/1997) |
| 407 | 1997-12-17.002 | ORDER by Judge Garland E Burrell re: peremptory challenge strike sheet (cc: all counsel) (old) (Entered: 12/17/1997) |
| 408 | 1997-12-17.003 | ORDER RELEASING TRANSCRIPTS OF SIDEBAR & CHAMBERS CONFERENCES by Judge Garland E Burrell ORDERING: both the sidebar conferences conducted during voir dire & the chambers conferences conducted to date shall be made public (cc: all counsel) (old) (Entered: 12/17/1997) |
| 409 | 1997-12-17.004 | ORDER by Judge Garland E Burrell ORDERING: each party is directed to file a report no later than 12:00 noon on 12/19/97 in re sanctions to be imposed for dft’s refusal to submit to a court ordered mental examination (cc: all counsel) (old) (Entered: 12/17/1997) |
| 410 | 1997-12-18.001 | ORDER by Judge Garland E Burrell re: modified version of the proposed preliminary jury instructions submitted by Kaczynski (cc: all counsel) (old) (Entered: 12/18/1997) |
| 411 | 1997-12-18.002 | ORDER by Judge Garland E. Burrell ORDERING the clerk is directed to provisionally file the document received from defense counsel under seal, an in camera hearing was held 12/18/97, a further in camera hearing is set for 12/19/97 (cc: all counsel) (old) (Entered: 12/18/1997) |
| 412 | 1997-12-18.004 | LETTER to court from counsel for defendant Theodore John Kaczynski re: letters by dft delivered to Judge Burrell (unsealed pursuant to court order [530–1]) (old) (Entered: 02/10/1998) |
| 413 | 1997-12-19.001 | STATUS REPORT by plaintiff USA of discussions concerning examination testing & sanctions (old) (Entered: 12/19/1997) |
| 414 | 1997-12-19.002 | OPPOSITION to closed trial proceedings & documents by The Sacramento Bee (old) (Entered: 12/19/1997) |
| 415 | 1997-12-19.003 | GOVERNMENT’S PROPOSED MODIFICATIONS and addition to dft’s preliminary jury instructions by plaintiff USA (kdc) (Entered: 12/19/1997) |
| 416 | 1997-12-19.004 | ORDER by Judge Garland E. Burrell ORDERING sealing of in camera review documents; the News Media request for hearing on the matter is GRANTED; The News Media and any other interrested party is GRANTED leave to submit a brief addressing these issues by 12/29/97 [414–1] (cc: all counsel) (kdc) (Entered: 12/19/1997) |
| 417 | 1997-12-19.005 | POINTS AND AUTHORITIES by defendant Theodore John Kaczynski re: the need for competency hearing (unsealed 2/9/98 pursuant to court order [530–1]) (old) (Entered: 02/10/1998) |
| 418 | 1997-12-22.001 | ORDER by Judge Garland E Burrell ORDERING: the document presented to the Court during an ex parte in camera hearing is hereby ordered sealed; the clerk is directed to serve Charity Kenyon of the firm Diepenbrock Wulff Plant & Hannegan (cc: all counsel) (old) (Entered: 12/22/1997) |
| 419 | 1997-12-22.002 | SEALED document (old) (Entered: 12/22/1997) |
| 420 | 1997-12-22.003 | MINUTES before Judge Garland E Burrell: jury trial set for 8:00am on 1/5/98 for Theodore John Kaczynski; hearing on 404(b) evidence is set for 10:00am on 12/31/97 for Theodore John Kaczynski ; the time for the hearing scheduled for 12/23/97 has been changed to 11:00am C/R Susan Vaughan (old) (Entered: 12/23/1997) |
| 421 | 1997-12-23.001 | TRANSCRIPT of 12/11/97 hearing on Telephonic Conference by C/R Cathie Bodene (old) (Entered: 12/23/1997) |
| 422 | 1997-12-23.002 | TRANSCRIPT of 12/16/97 hearing on Rulings & Cause Challenges by C/R Susan Vaughan (old) (Entered: 12/23/1997) |
| 423 | 1997-12-23.003 | TRANSCRIPT of 12/19/97 hearing on Discussion following ex parte in camera hearing by C/R Susan Vaughan (old) (Entered: 12/23/1997) |
| 424 | 1997-12-23.004 | TRANSCRIPT of 4/11/97 hearing on Discussion in Chambers by C/R Susan Vaughan (old) (Entered: 12/23/1997) |
| 425 | 1997-12-23.005 | TRANSCRIPT of 4/18/97 hearing on Telephonic Conference by C/R Susan Vaughan (old) (Entered: 12/23/1997) |
| 426 | 1997-12-23.006 | TRANSCRIPT of 8/28/97 hearing on Telephonic Conference by C/R Susan Vaughan (old) (Entered: 12/23/1997) |
| 427 | 1997-12-23.007 | TRANSCRIPT of 9/4/97 hearing on Telephonic Conference by C/R Susan Vaughan (old) (Entered: 12/23/1997) |
| 428 | 1997-12-23.008 | TRANSCRIPT of 9/5/97 hearing on Two Telephonic Conferences by C/R Susan Vaughan (old) (Entered: 12/23/1997) |
| 429 | 1997-12-23.009 | TRANSCRIPT of 9/22/97 hearing on Telephonic Conference by C/R Susan Vaughan (old) (Entered: 12/23/1997) |
| 430 | 1997-12-23.010 | TRANSCRIPT of 9/26/97 hearing on Conference In Chambers by C/R Susan Vaughan (old) (Entered: 12/23/1997) |
| 431 | 1997-12-23.011 | TRANSCRIPT of 10/1/97 hearing on Chambers Conference by C/R Susan Vaughan (old) (Entered: 12/23/1997) |
| 432 | 1997-12-23.012 | TRANSCRIPT of 10/3/97 hearing on Telephonic Conference by C/R Susan Vaughan (old) (Entered: 12/23/1997) |
| 433 | 1997-12-23.013 | TRANSCRIPT of 10/15/97 hearing on Telephonic Conference by C/R Susan Vaughan (old) (Entered: 12/23/1997) |
| 434 | 1997-12-23.014 | TRANSCRIPT of 11/10/97 hearing on Final Portion of telephonic conference by C/R Susan Vaughan (old) (Entered: 12/23/1997) |
| 435 | 1997-12-23.015 | TRANSCRIPT of 11/17/97 & 12/5/97 hearing on Previously redacted bench conferences by C/R Susan Vaughan, Kelly O’Halloran, Dennis McKinnon, Catherine Bodene & Margaret McNamara (old) (Entered: 12/23/1997) |
| 436 | 1997-12-23.016 | MINUTES before Judge Garland E Burrell: motion for mental exam & for sanctions taken under submission; court will issue a written ruling; court set futher ex parte in camera hearing for 12/24/97 at 2:00PM C/R Susan Vaughan (old) (Entered: 12/23/1997) |
| 437 | 1997-12-23.017 | PROOF OF SERVICE of objection [414–1] (ndd) (Entered: 12/23/1997) |
| 438 | 1997-12-23.018 | TRANSCRIPT of 9/2/97 hearing on Status Conference by C/R Kelly O’Halloran (old) (Entered: 12/23/1997) |
| 439 | 1997-12-23.019 | ORDER by Judge Garland E Burrell ORDERING: for the reasons stated at the hearing on 12/23/97 dft Theodore Kaczynski is required to serve notice to the govt in the event he intends to rely on mental health expert testimony in the sentencing phase of the trial if that phase should be necessary; in addition the statement should briefly describe the nature & duration of any such interaction with Kaczynski; this notice shall be served on the govt within 10 calendar days from the date this order is filed (cc: all counsel) (old) (Entered: 12/23/1997) |
| 442 | 1997-12-23.020 | TRANSCRIPT of 10/8/97 hearing on Telephonic Conference by C/R Catherine Bodene (old) (Entered: 12/26/1997) |
| 440 | 1997-12-24.001 | MINUTES of proceedings of conference call on further ex parte in camera hearing before Judge Garland E. Burrell in-court hearing on motion to unseal transcripts set for 1:00 12/31/97 for Theodore John Kaczynski All interested parties seeking to unseal trancripts and documents shall file objections by 12/29/97 at 4:30 p.m.; defendants’ response to be filed by 12/30/97 at 4:30: Defense counsel stipulate to excuse juror #180 for financial hardship reasons C/R Susan Vaughan (old) (Entered: 12/24/1997) |
| 441 | 1997-12-24.002 | ORDER by Judge Garland E. Burrell ORDERING the cover letter that accompanied the letters Kaczynski submitted on 12/18/97 is unsealed; if either the government or an interested member of the public or media believes that the documents provisionally sealed or the remaining sealed portions of the transcripts should be made part of the public record at this time, that party shall file a brief in support of its position no later than 4:30pm on 12/29/97; Kaczynski’s reply, if any, shall be filed no later than 4:30pm on 12/30/97; a hearing on this issue is scheduled for 12/31/97 at 1:00pm (cc: all counsel) (kb) Modified on 12/24/1997 (Entered: 12/24/1997) |
| 443 | 1997-12-26.001 | TRANSCRIPT of 12/18/97 hearing on Ex parte Telephonic by C/R Susan Vaughan (old) (Entered: 12/26/1997) |
| 444 | 1997-12-26.002 | TRANSCRIPT of 12/19/97 hearing on Ex parte in camera hearing (redacted) by C/R Susan Vaughan (old) (Entered: 12/26/1997) |
| 445 | 1997-12-26.003 | TRANSCRIPT of 12/22/97 hearing on Ex Parte in camera hearing (redacted) by C/R Susan Vaughan (old) (Entered: 12/26/1997) |
| 446 | 1997-12-26.004 | ORDER by Judge Garland E Burrell regarding the ex parte in camera telephonic conference held on 12/24/97 (cc: all counsel) (old) (Entered: 12/26/1997) |
| 447 | 1997-12-29.001 | NOTICE OF WITHDRAWAL by defendant Theodore John Kaczynski of FRCrP 12.2(b) Notice [128–1] (old) (Entered: 12/29/1997) |
| 448 | 1997-12-29.002 | PETITION FOR A HEARING to determine if dft wishes to speak with Christine Craft or in the alternative to order the defense counsel to place Craft’s name on the vistors’ list by The Sacramento News & Review & Christine Craft (old) (Entered: 12/29/1997) |
| 449 | 1997-12-29.003 | AFFIDAVIT & PETITION FOR A HEARING to determine if dft wishes to speak with Christine Craft or in the alternative to order the defense counsel to place Craft’s name on the vistors’ list by the Sacramento News & Review & Christine Craft (old) (Entered: 12/29/1997) |
| 450 | 1997-12-29.004 | BRIEF by plaintiff USA addressing the Court’s in camera ex parte contacts with dft (old) (Entered: 12/29/1997) |
| 451 | 1997-12-29.005 | OBJECTIONS by the Sacramento Bee to in camera hearing & sealing of transcript (old) (Entered: 12/29/1997) |
| 452 | 1997-12-29.006 | MINUTES before Judge Garland E Burrell: court reviews juror #180’s request to be excused for financial reasons; parties stipulate to excuse juror #180; juror excused; court reviews juror #82’s request to be excused for financial hardship reasons; parties authorize judge to communicate with juror’s potential employer to determine whether the hardship could be alleviated C/R Susan Vaughan (old) (Entered: 12/29/1997) |
| 453 | 1997-12-30.001 | MINUTES before Judge Garland E Burrell: the court reports its findings as to the jury service policy of juror #82’s employer; the defense & the gov stipulate to excuse the juror for financial hardship C/R Susan Vaughan (old) Modified on 12/30/1997 (Entered: 12/30/1997) |
| 454 | 1997-12-30.002 | RESPONSE by defendant Theodore John Kaczynski to the petition of the Sacramento News & Review & Christine Craft [449–1], to [448–1] (old) (Entered: 12/30/1997) |
| 455 | 1997-12-30.003 | PROOF OF SERVICE of petition for hearing to determine if dft wishes to speak with Christine Craft or in the alternative to order the defense counsel to place Crafts’ name on the vistors list by Christine Craft [448–1] (old) (Entered: 12/30/1997) |
| 456 | 1997-12-30.004 | PROOF OF SERVICE of petition for a hearing to determine if dft wishes to speak with Christine Craft or in the alternative to order the defense counsel to place Crafts name on the vistors list by Christine Craft [449–1] (old) (Entered: 12/30/1997) |
| 457 | 1997-12-30.005 | BRIEF by defendant Theodore John Kaczynski re continued sealing of unredacted transcripts & documents relating to attyorney-client matters (old) (Entered: 12/30/1997) |
| 458 | 1997-12-31.001 | ORDER by Judge Garland E Burrell ORDERING: for the reasons stated at the hearing on 12/31/97 the Court hereby files a redacted copy of the letter brief submitted to the Court by defense counsel on 12/19/97 (cc: all counsel) (old) (Entered: 12/31/1997) |
| 459 | 1997-12-31.002 | MINUTES before Judge Garland E Burrell: motion to unseal transcripts DENIED; motion to unseal documents GRANTED IN PART; counsel stipulated to resolve 404(b) evidence of uncharged bombs C/R Susan Vaughan (old) (Entered: 12/31/1997) |
| 460 | 1998-01-02.001 | MINUTES before Judge Garland E Burrell RE meeting with counsel to review the medium used to display courtroom exhibits and opening statements; parties provided leave to file brief on opening statements C/R Susan Vaughn (kh) (Entered: 01/02/1998) |
| 461 | 1998-01-02.002 | MOTION in limine to preclude dft from introducting non-expert testimony to show that the dft has a mental defect by USA ; hearing set for 8:00 1/5/98 (kh) (Entered: 01/02/1998) |
| 462 | 1998-01-05.001 | OPPOSITION by defendant Theodore John Kaczynski to motion in limine to preclude dft from introducting non-expert testimony to show that the dft has a mental defect by USA [461–1] (old) (Entered: 01/05/1998) |
| 463 | 1998-01-05.002 | MINUTES before Judge Garland E Burrell: court held ex parte in camera hearing in chambers; motion in limine to preclude dft from introducting non-expert testimony to show that the dft has a mental defect by USA [461–1] & motion in limine for admission of evidence under FREvid 404(B) by USA [118–1]; HEARING SET FOR 4:00pm on 1/7/98; trial continued to 1/8/98 at 8:00am; C/R Susan Vaughan, Kelly O’Halloran & Dennis McKinnon (old) (Entered: 01/05/1998) |
| 464 | 1998-01-05.003 | ORDER by Judge Garland E Burrell in re: sealing document presented during in camera hearing (cc: all counsel) (old) Modified on 01/05/1998 (Entered: 01/05/1998) |
| 465 | 1998-01-05.004 | SEALED document (old) (Entered: 01/05/1998) |
| 466 | 1998-01-06.001 | TRANSCRIPT of 12/22/97 hearing on Jury Trial Vol 21 by C/R Susan Vaughan (old) (Entered: 01/06/1998) |
| 467 | 1998-01-06.002 | REPLY to response of dft to the petition of the Sacramento News & Review & Christine Craft [454–1] (old) (Entered: 01/06/1998) |
| 468 | 1998-01-06.003 | ORDER by Judge Garland E. Burrell ORDERING an Ex Parte and In Camera hearing is set for 1:30 1/7/98 for Theodore John Kaczynski; due to the sensitve nature of the information expected to be disclosed, the hearing is closed to the public and government (cc: all counsel) (kh) (Entered: 01/06/1998) |
| 469 | 1998-01-07.001 | SECOND BRIEF by plaintiff USA addressing the court’s in camera, ex parte contacts with the dft (old) (Entered: 01/07/1998) |
| 470 | 1998-01-07.002 | MINUTES before Judge Garland E Burrell: 1:30pm govt not present; ex parte in camera hearing with defense counsel & the dft; 3:00pm recess; 4:00pm all counsel present: public hearing regarding status of dft’s counsel; dft’s request to substitute new counsel was denied; govt’s motion in limine regarding mental staus defense denied; govt’s motion to exclude statements denied; dft’s motion to exclude statements denied; 4:45pm recess to 1/8/98 at 8:00am C/R Kelly O’Halloran (old) (Entered: 01/08/1998) |
| 471 | 1998-01-07.003 | LETTER to court from J Tony Serra re: offering to stand as counsel for dft Theodore Kaczynski if present counsel is recused (old) (Entered: 01/08/1998) |
| 472 | 1998-01-08.001 | MINUTES before Judge Garland E. Burrell of jury trial; dft request to proceed In Pro Per, Kevin Clymo appeared as conflicts attorney, dft to be examined by mental health experts, counsel to submit list of proposed doctors by 1/9/98, if counsel cannot agree an in-court hearing is set for 4:00 1/9/98 C/R Susan Vaughn, Kelley O’Halloran, Dennis McKinnon (kh) (Entered: 01/08/1998) |
| 473 | 1998-01-08.002 | CJA FORM 24 (Authorization and Voucher for Transcript Payment) for Theodore John Kaczynski (kh) (Entered: 01/08/1998) |
| 474 | 1998-01-08.003 | PROOF OF SERVICE of reply [467–1] (old) (Entered: 01/09/1998) |
| 475 | 1998-01-08.004 | PROOF OF SERVICE of reply [467–1] (old) (Entered: 01/09/1998) |
| 476 | 1998-01-09.001 | TRANSCRIPT of 1/5/98 hearing on Jury Trial Vol 22 by C/R Susan Vaughan, Kelly O’Halloran & Dennis McKinnon (old) (Entered: 01/09/1998) |
| 477 | 1998-01-09.002 | ORDER by Judge Garland E Burrell ORDERING: dft’s request for substitution of counsel is DENIED (cc: all counsel) (old) (Entered: 01/09/1998) |
| 478 | 1998-01-09.003 | ORDER by Judge Garland E Burrell ORDERING: Sacramento News & Review’s petition for a hearing to determine if dft wishes to speak with a reporter covering the story on its behalf or alternatively to place reporter’s name on the list of individuals authorized to see dft at the Sacramento County Jail is DENIED (cc: all counsel) (old) (Entered: 01/09/1998) |
| 479 | 1998-01-09.004 | ORDER by Judge Garland E Burrell ORDERING: this order directs the filing of the letter brief submitted to chambers by the gov on 11/21/97 (cc: all counsel) (old) (Entered: 01/09/1998) |
| 480 | 1998-01-09.005 | LETTER to court from counsel for plaintiff USA re: dft’s opposition to motion to preclude expert mental health testimony at guilt phase sentencing (old) (Entered: 01/09/1998) |
| 481 | 1998-01-09.006 | ORDER by Judge Garland E. Burrell ORDERING dft Kaczynski be examined by Bureau of Prisons physicians and others authorized by such physicians to determine his mental competency to stand trial ; examinations to commence on 1/12/98 not exceed thirty days and a report be filed under seal with the court (cc: all counsel) (kh) (Entered: 01/09/1998) |
| 482 | 1998-01-09.007 | MINUTES before Judge Garland E. Burrell of Status Hearing re Mental Examination: court ordered mental exam of dft, competency hearing set for 8:00 1/22/98 for Theodore John Kaczynski C/R Kelly O’Halloran (kh) (Entered: 01/09/1998) |
| 483 | 1998-01-12.001 | ORDER by Judge Garland E Burrell re: mental exam of dft Kaczynski supplementing court order filed 1/9/98 (cc: all counsel) (old) (Entered: 01/12/1998) |
| 484 | 1998-01-12.002 | ORDER by Judge Garland E Burrell re: jury instruction & status of the trial (cc: all counsel) (old) (Entered: 01/12/1998) |
| 485 | 1998-01-12.003 | MINUTES before Judge Garland E Burrell: conference call regarding communication with the jury & regarding court’s intention to issue supplemental order regarding competency hearing C/R Dennis McKinnon (old) (Entered: 01/12/1998) |
| 486 | 1998-01-13.001 | ORDER by Judge Garland E Burrell ORDERING: trial counsel for dft are directed to immediately provide Dr Sally Johnson with copies of each of the letters submitted to the Court under seal by dft & all of the transcripts of ex parte & in camera proceedings; if Dr Johnson desires to include sealed matters in her competency report that trial counsel for dft contend should not be made known to the govt; that aspect of the report will not be immediately be given to the govt; the govt will be provided the opportunity to petition the court for access to excluded materials later; however dft’s trial counsel & the Judge shall be given the competency report in its entirety (cc: all counsel) (old) (Entered: 01/13/1998) |
| 487 | 1998-01-13.002 | MINUTES before Judge Garland E Burrell: conference call regarding documents to be provided to Dr Sally Johnson C/R Kelly O’Halloran (old) (Entered: 01/13/1998) |
| 488 | 1998-01-14.001 | TRANSCRIPT of 1/7/98 hearing on Jury trial Vol 23 by C/R Kelly O’Halloran (old) (Entered: 01/14/1998) |
| 489 | 1998-01-14.002 | TRANSCRIPT of 1/12/98 hearing on Jury Trial Vol 26 by C/R Dennis F McKinnon (old) (Entered: 01/14/1998) |
| 490 | 1998-01-14.003 | TRANSCRIPT of 1/9/98 hearing on Jury Trial Vol 25 by C/R Kelly O’Halloran (old) (Entered: 01/14/1998) |
| 491 | 1998-01-14.004 | TRANSCRIPT of 1/8/98 hearing on Jury Trial Vol 24 by C/R Susan Vaughan & Dennis McKinnon (old) (Entered: 01/14/1998) |
| 492 | 1998-01-15.001 | TRANSCRIPT of 12/31/97 hearing on Motions to unseal transcripts by C/R Susan Vaughn (old) (Entered: 01/15/1998) |
| 493 | 1998-01-15.002 | ORDER by Judge Garland E Burrell re: releasing redacted transcripts of ex parte in camera proceedings; the transcripts of the above- referenced proceedings are ordered released to the public in the redacted form to which defense counsel consent no later than 11:45am on 1/15/98 (cc: all counsel) (old) Modified on 01/15/1998 (Entered: 01/15/1998) |
| 494 | 1998-01-15.003 | SEALED document (old) (Entered: 01/15/1998) |
| 495 | 1998-01-15.004 | TRANSCRIPT of 12/24/97 hearing on In camera discussion (REDACTED) by C/R Susan Vaughan (old) (Entered: 01/15/1998) |
| 496 | 1998-01-15.005 | TRANSCRIPT of 1/5/98 hearing on In camera discussion (REDACTED) by C/R Susan Vaughan, Kelly O’Halloran & Dennis McKinnon (old) (Entered: 01/15/1998) |
| 497 | 1998-01-15.006 | TRANSCRIPT of 1/7/98 hearing on Jury Trial by C/R Kelly O’Halloran (old) (Entered: 01/15/1998) |
| 498 | 1998-01-15.007 | NOTICE OF MOTION AND MOTION for a hearing on issues concerning the dft’s representation if he is found competent by USA as to Theodore John Kaczynski (old) (Entered: 01/15/1998) |
| 499 | 1998-01-15.008 | MINUTES of Status Hearing before Judge Garland E Burrell: govt’s motion regarding representation; dft’s opposition is to be filed by 1/21/98 at 10:00am; govt’s reply is to be filed by 1/21/98 at 4:30pm; oral argument is scheduled for 01/22/98 at 8:00am; if the court issues an order on 1/20/98 briefs regarding the order are to be filed by 1/21/98 at 10:00am C/R Susan Vaughan (old) (Entered: 01/16/1998) |
| 500 | 1998-01-20.001 | NOTICE OF MOTION AND MOTION to compel the govt to disclose the location & other relevant information about dft’s secret shack by defendant Theodore John Kaczynski hearing set for 2:00pm on 1/21/98 before Magistrate Judge Gregory G Hollows (old) (Entered: 01/20/1998) |
| 501 | 1998-01-20.002 | TRANSCRIPT of 12/23/97 hearing on Discussion on motions for mental examination & sanctions by C/R Susan Vaughan (old) (Entered: 01/20/1998) |
| 502 | 1998-01-20.003 | ORDER by Judge Garland E Burrell re: competency report, representation of dft & sealed transcripts (cc: all counsel) (old) (Entered: 01/20/1998) |
| 503 | 1998-01-20.004 | ORDER by Judge Garland E Burrell ORDERING: this order files two reports provisionally under seal; an unredacted report & a redacted copy that reflects the dft’s position on portions of the report that should not be given to the govt; the govt was provided a redacted copy of the report (cc: all counsel) (old) (Entered: 01/20/1998) |
| 504 | 1998-01-20.005 | SEALED document (old) (Entered: 01/20/1998) |
| 505 | 1998-01-20.006 | MINUTES before Judge Garland E Burrell: status hearing regarding competency report; counsel stipulated that the dft is competent C/R Susan Vaughan (old) (Entered: 01/20/1998) |
| 506 | 1998-01-20.007 | LETTER to court from Sally C Johnson MD re: psychiatric evaluation of dft (old) (Entered: 01/20/1998) |
| 507 | 1998-01-20.008 | MINUTES before Judge Garland E Burrell: chambers conference regarding redactions to competency report (old) (Entered: 01/20/1998) |
| 508 | 1998-01-20.009 | MINUTES before Judge Garland E Burrell: chambers conference; court order to follow (old) (Entered: 01/20/1998) |
| 509 | 1998-01-20.010 | GOVERNMENT’S RESPONSE by plaintiff USA to motion to compel the govt to disclose the location & other relevant information about dft’s secret shack by defendant Theodore John Kaczynski [500–1] (kh) (Entered: 01/20/1998) |
| 510 | 1998-01-20.011 | ORDER by Judge Garland E Burrell ORDERING: the parties are directed to identify the precise 404(b) purposes under which the evidence is being admitted together with their stipulation otherwise it may not be admitted (cc: all counsel) (old) (Entered: 01/21/1998) |
| 511 | 1998-01-21.001 | TRANSCRIPT of 1/15/98 hearing on Scheduling & other matters by C/R Susan Vaughan (old) (Entered: 01/21/1998) |
| 512 | 1998-01-21.002 | RESPONSE by defendant Theodore John Kaczynski to motion for a hearing on issues concerning the dft’s representation if he is found competent by USA [498–1] (old) (Entered: 01/21/1998) |
| 513 | 1998-01-21.003 | BRIEF by plaintiff USA addressing the timeliness of the dft’s assertion of his right to represent himself & judicial estoppel (old) (Entered: 01/21/1998) |
| 514 | 1998-01-21.004 | ORDER by Judge Garland E Burrell ORDERING: on 1/21/98 dft’s counsel submitted the attached cover letter enclosing a letter from Mr Kaczynski; the referenced letter from Mr Kaczynski is ordered provisionally sealed until further order of this court; the communication pertains to the 12.2(b) & self-representation issues (cc: all counsel) (old) (Entered: 01/21/1998) |
| 519 | 1998-01-21.005 | MINUTES before Magistrate Judge Gregory G Hollows: motion to compel the govt to disclose the location & other information about dft’s secret shack by defendant Theodore John Kaczynski [500–1] is GRANTED; the court ordered the govt to make initial disclosure today & full disclosure by 1/28/98 C/R Tape 1 of 1 (old) (Entered: 01/22/1998) |
| 515 | 1998-01-21.006 | LETTER to court from counsel for defendant Theodore John Kaczynski with attached letter to court from dft (old) Modified on 05/05/1998 (Entered: 02/10/1998) |
| 516 | 1998-01-22.001 | TRANSCRIPT of 1/21/98 hearing on dft’s motion for disclosure by C/R Susan Vaughan (old) (Entered: 01/22/1998) |
| 517 | 1998-01-22.002 | TRANSCRIPT of 1/20/98 hearing on Competency report & other matters by C/R Susan Vaughan (old) (Entered: 01/22/1998) |
| 518 | 1998-01-22.003 | TRANSCRIPT of 1/13/98 hearing on telephonic conference by C/R Susan Vaughan (old) (Entered: 01/22/1998) |
| 520 | 1998-01-22.004 | LETTER to dft Kaczinsky from atty J Tony Serra re: representation (old) (Entered: 01/22/1998) |
| 521 | 1998-01-22.005 | MINUTES before Judge Garland E Burrell: hearing; govt’s motion regarding representation; the dft’s request to represent himself was DENIED; jury excused to 1/23/98; recess to 12:15pm; the dft executed a consent to transfer for plea & sentence under Rule 20 regarding CR 96–607 DRD from the District of New Jersey; the dft changed his plea to GUILTY to the charges in the indictment numbered CR 96–607 DRD; the dft changed his plea to GUILTY to the charges in the indictment numbered 2:96-cr-259 GEB; matter was referred to probation for presentence report; judgment & sentencing hearing scheduled for 5/15/98 at 1:30pm; recess; Theodore John Kaczynski enters guilty plea as charged in-court hearing held on 1/22/98; sentencing hearing set for 1:30pm on 5/15/98 for Theodore John Kaczynski C/R Susan Vaughan (old) (Entered: 01/22/1998) |
| 522 | 1998-01-22.006 | SCHEDULE FOR DISCLOSURE OF PSR as to defendant Theodore John Kaczynski (old) (Entered: 01/22/1998) |
| 523 | 1998-01-22.007 | PLEA Agreement as to Theodore John Kaczynski (old) (Entered: 01/22/1998) |
| 524 | 1998-01-22.008 | JURY QUESTIONAIRE (old) (Entered: 01/22/1998) |
| 525 | 1998-01-26.001 | TRANSCRIPT of 1/22/98 hearing on Jury Trial; discussions on motions and change of plea by C/R Susan Vaughn (kh) (Entered: 01/26/1998) |
| 526 | 1998-01-29.001 | LETTER to court from counsel for defendant Theodore John Kaczynski re: response to Robert Cleary’s letter to Judge Hollows (letter filed today, but received by Judge Hollows on 09/29/97) (old) (Entered: 01/29/1998) |
| 527 | 1998-02-03.001 | ORDER by Judge Garland E Burrell ORDERING: in response to an informal request made by a news media source to the Clerk for access to the juror questionnaires of the eighteen jurors selected to hear this case the questionnaires are ordered to be filed concurrently herewith (cc: all counsel) (old) (Entered: 02/03/1998) |
| 528 | 1998-02-03.002 | NOTICE of filing the juror questionnaires for all 18 jurors selected to hear this case (old) (Entered: 02/03/1998) |
| 529 | 1998-02-05.001 | CJA Form 30 (Appointment of & authority to pay court appointed counsel) as to Theodore John Kaczynski by Kevin D Clymo (old) (Entered: 02/05/1998) |
| 530 | 1998-02-09.001 | ORDER UNSEALING DOCUMENTS by Judge Garland E Burrell ORDERING documents 244, 307, 308, 309, 326, 330 and 417 and the cover letters to documents 412 and 515 are UNSEALED; dft to file authority for the continued sealing of 515 by 2/24/98, govt opposition by 3/10/98, reply by 3/17/98 (cc: all counsel) (kh) (Entered: 02/09/1998) |
| 531 | 1998-02-10.001 | CJA FORM 24 (Authorization and Voucher for Transcript Payment) for Theodore John Kaczynski (old) (Entered: 02/11/1998) |
| 532 | 1998-03-11.001 | CJA FORM 24 (Authorization and Voucher for Transcript Payment) for Theodore John Kaczynski (kdc) (Entered: 03/13/1998) |
| 533 | 1998-03-18.001 | LETTER to court from J Mark McClanahan requesting to file a Farretta Rights Motion into the record of this case (ch) (Entered: 03/23/1998) |
| 534 | 1998-03-25.001 | ORDER by Judge Garland E. Burrell letter filed on 3/18/98 by J Mark McClanahan is [533–1] STRICKEN for not providing certificate of service pursuant to FRCP 5 and Local Rule 5–135 and insufficient copies pursuant to Local Rule 5–134 (cc: all counsel) (ch) (Entered: 03/25/1998) |
| 1998-04-09.001 | CLERK’S record on appeal transmitted to 9th Circuit Original case file volumes 14 transcripts 71 and 1 box of misc filing & certified copy of docket mailed to 9th Circuit (cc: all counsel) (old) | |
| 1998-04-14.001 | LODGED Stipulation and order to advance sentencing hearing by plaintiff USA (old) | |
| 535 | 1998-04-16.001 | ORDER by Judge Garland E Burrell ORDERING: late today the attached letter was received in which the Court is requested to order the parties not to file any filings unauthorized by LR Crim 32–460; such an order is unnecessary because LR Crim 32–460 governs what documents are appropriate for filing in sentencing matters (cc: all counsel) (old) (Entered: 04/16/1998) |
| 536 | 1998-04-16.002 | STIPULATION AND ORDER by Judge Garland E. Burrell: sentencing hearing RESET for 9:00 5/4/98 for Theodore John Kaczynski before Honorable Garland E Burrell Jr (kdc) (Entered: 04/16/1998) |
| 537 | 1998-04-17.001 | NOTICE by plaintiff USA regarding intent to file Government Sentencing Memorandum (old) (Entered: 04/17/1998) |
| 538 | 1998-04-17.002 | ORDER by Judge Garland E. Burrell ORDERING re The Govt’s “Notice of Intent to File Gov’t Sentencing Memorandum” filed 4/17/98, suggests that the Gov’t intends to file a document unauthorized by LR Crim 32–460 unless this Court issues an order forthwith directing it to do otherwise; Kaczynski filed an opposition to the Notice late today; the Gov’t is HEREBY ORDERED not to file any document unauthorized by LR Crim 32–460 without leave of Court [537–1] (cc: all counsel) (ljr) (Entered: 04/17/1998) |
| 539 | 1998-04-17.003 | RESPONSE by defendant Theodore John Kaczynski to govt’s notice of intent to file govt sentencing memorandum [537–1] (old) (Entered: 04/21/1998) |
| 540 | 1998-04-23.001 | NOTICE OF MOTION AND MOTION for leave of court to file sentencing memorandum by USA as to Theodore John Kaczynski (old) (Entered: 04/23/1998) |
| 541 | 1998-04-24.001 | NOTICE OF MOTION by San Francisco Examiner and CBS Broadcasting in-court hearing set for 9:00 5/8/98 for motion to unseal dft’s competency report (old) (Entered: 04/24/1998) |
| 542 | 1998-04-27.001 | OPPOSITION by defendant Theodore John Kaczynski to motion for leave of court to file sentencing memorandum by USA [540–1] (old) (Entered: 04/27/1998) |
| 543 | 1998-04-28.001 | ORDER by Judge Garland E Burrell ORDERING: motion for leave of court to file sentencing memorandum by USA [540–1] is GRANTED; the sentencing memorandum shall be filed no later than 10:30am on 4/28/98; if dft elects to respond in writing that response should be filed by 3:30pm on 5/1/98 (cc: all counsel) (old) (Entered: 04/28/1998) |
| 544 | 1998-04-28.002 | SENTENCING memorandum regarding Theodore John Kaczynski (old) (Entered: 04/28/1998) |
| 545 | 1998-04-28.003 | EXHIBITS by plaintiff USA regarding sentencing memorandum [544–1] (old) (Entered: 04/28/1998) |
| 546 | 1998-04-28.004 | ERRATA TO MEMORANDUM OF POINTS AND AUTHORITIES in support of motion of the San Francisco Examiner & CBS Broadcasting Inc to unseal competency report [541–1] (old) (Entered: 04/28/1998) |
| 1998-04-29.001 | LODGED Application to continue hearing on media’s motion to unseal dft’s competency report & to set a briefing schedule on the unsealing motion by defendant Theodore John Kaczynski (old) | |
| 547 | 1998-04-29.002 | OPPOSITION of San Francisco Examiner & CBS Broadcasting Inc to application to continue hearing on motion to unseal competency report [0–0] (old) (Entered: 04/30/1998) |
| 548 | 1998-04-30.001 | ORDER by Judge Garland E Burrell ORDERING: the briefing & hearing schedule on the motion shall be as follows: Kaczynski shall file & serve his opposition to the motion no later than 4:30pm on 5/14/98; movants reply shall be filed & served no later than 5/21/98 at 4:30pm; if any other member of the public wishes to file written objection to the sealing of the competency report it shall be filed no later than 5/8/98 at 4:30pm & a reply if any by 4:30pm on 5/21/98; the hearing on the motion is set for 5/28/98 at 9:00am [541–2] (cc: all counsel) (old) (Entered: 04/30/1998) |
| 549 | 1998-05-04.001 | MINUTES before Judge Garland E Burrell: sentencing Theodore John Kaczynski (1) count(s) 1–2, 3, 4, 5, 6, 7, 8, 9, 10. IMPRISONMENT: Life on counts 1, 8, and 9 in 2:96-cr-259 and counts 1 and 2 in 2:98-cr-21; 20 years on counts 2, 3, 5, and 6 in 2:96-cr-259 all concurrent; 30 years on count 4 in 2:96-cr-259 consecutive to all previously stated sentences; Life on counts 7 and 10 in 2:96-cr-259 and count 3 in 2:98-cr-21 all to be served consecutive with one another and with all previously stated sentences; fine is waived; restitution: $15,026,000.00; S/A $650.00, terminating defendant Theodore John Kaczynski case terminated C/R Kathy Bodene (old) Modified on 05/04/1998 (Entered: 05/04/1998) |
| 550 | 1998-05-04.002 | JUDGMENT and Commitment issued as to Theodore John Kaczynski by Judge Garland E Burrell (old) (Entered: 05/04/1998) |
| 551 | 1998-05-04.003 | AMENDED JUDGMENT and Commitment issued as to Theodore John Kaczynski by Judge Garland E. Burrell (old) (Entered: 05/04/1998) |
| 552 | 1998-05-04.004 | ORDER by Judge Garland E Burrell ORDERING: by order filed 2/9/98 Kaczynski was directed to file authority no later than 2/24/98 justifying the continued sealing of his letter dated 01/21/98 (docket number 515); since Kaczynski failed to respond the letter is unsealed (cc: all counsel) (old) (Entered: 05/04/1998) |
| 553 | 1998-05-04.005 | ORDER by Judge Garland E Burrell ORDERING: this order decides dft Theodore John Kaczynski’s competency to stand trial & supplements the ruling denying his request for self representation (cc: all counsel) (old) (Entered: 05/04/1998) |
| 554 | 1998-05-06.001 | AMENDED JUDGMENT and Commitment issued as to Theodore John Kaczynski by Judge Garland E. Burrell (old) (Entered: 05/06/1998) |
| 555 | 1998-05-11.001 | REPORTER’S TRANSCRIPT of 5/4/98 hearing on sentencing as to defendant Theodore John Kaczynski in 2:96-cr-00259 by C/R Catherine E F Bodene (dd) (Entered: 05/12/1998) |
| 556 | 1998-05-12.001 | JOINDER of The Sacramento Bee in the motion of the San Francisco Examiner and CBS Broadcasting Inc to unseal dft’s competency report (dd) (Entered: 05/13/1998) |
| 1998-05-14.001 | LODGED Document lodged application to continue hearing on the media’s motion to unseal defendant’s competency report and to set a briefing schedule on the unsealing motion [0–0] VACATED (old) | |
| 557 | 1998-05-14.002 | DFT’S OPPOSITION to the motion of the San Francisco Examiner and CBS Broadcasting Inc to unseal dft’s Competency Examination Report (ndd) (Entered: 05/14/1998) |
| 558 | 1998-05-18.001 | AMENDED PROOF OF SERVICE by San Francisco Examiner of join/joinder [556–1] (dd) Modified on 05/18/1998 (Entered: 05/18/1998) |
| 559 | 1998-05-21.001 | REPLY MEMORANDUM of Points and Authorities of the San Francisco Examiner, CBS Broadcasting and the Sacramento Bee in SUPPORT of Motion to Unseal Competency Report [541–2] (kh) (Entered: 05/21/1998) |
| 560 | 1998-05-28.001 | MINUTES before Judge Garland E. Burrell; motion to unseal dft’s psychiatric competency report [541–1] taken under SUBMISSION; the Court to prepare an order; C/R Susan Vaughan(old) Modified on 05/29/1998 (Entered: 05/28/1998) |
| 561 | 1998-05-28.002 | ORDER by Judge Garland E. Burrell; motion for disclosure of psychiatric competency report [541–2] GRANTED, a redacted copy of the competency report will be filed in the public record at 4:00 on 6/4/98 (cc: all counsel) (old) Modified on 05/29/1998 (Donati, J). (Entered: 05/28/1998) |
| 562 | 1998-06-04.001 | NOTICE of Appeal to 9th Circuit by defendant Theodore John Kaczynski regarding order dated 5/28/98 [561–1] (cc: all counsel) (dd) (Entered: 06/04/1998) |
| 563 | 1998-06-04.002 | APPLICATION by defendant Theodore John Kaczynski for stay of order pending appeal (dd) (Entered: 06/04/1998) |
| 564 | 1998-06-04.003 | ORDER by Judge Garland E. Burrell ordering that immediate disclosure of the psychiatric competency report would deprive Kaczynski of his ability to contest this court’s ruling on appeal; a stay will be granted until 3:00 pm on 6/11/98 to allow Kaczynski the opportunity to seek a further stay from the Ninth Circuit Court of Appeals; no further stays will be granted by this court (cc: all counsel) (dd) (Entered: 06/04/1998) |
| 565 | 1998-06-04.004 | LETTER to court from counsel Roger R Myers responding to Quin Denver’s request for further redaction and some unredaction of the competency report (dd) (Entered: 06/04/1998) |
| 566 | 1998-06-05.001 | ORDER by Judge Garland E. Burrell ordering the redacted copy of the psychiatric competency report is hereby filed under seal; the redacted version of the report will be unsealed at 3:00 pm on 6/11/98 unless a further stay of this Court’s Order for disclosure is granted by the Ninth Circuit Court of Appeals (cc: all counsel) (dd) (Entered: 06/05/1998) |
| 567 | 1998-06-05.002 | SEALED document (dd) (Entered: 06/05/1998) |
| 568 | 1998-06-05.003 | JUDGMENT and Commitment returned executed on 5/5/98 as to Theodore John Kaczynski to USP administrative maximum at Florence CO (dd) (Entered: 06/08/1998) |
| 569 | 1998-06-10.001 | Order from Circuit Court re appeal #98–10236 [562–1] ordering appellant’s motion to stay the district court’s order unsealing appellant’s psychiatric report pending appeal is GRANTED (dd) (Entered: 06/10/1998) |
| 570 | 1998-06-10.002 | REPORTER’S TRANSCRIPT of 5/28/98 hearing on motion to unseal documents by C/R Susan Vaughan (dd) (Waggoner, D). (Entered: 06/11/1998) |
| 571 | 1998-06-15.001 | MAILED case information/docket fee payment notice, copy of Notice of Appeal of order entered 5/28/98 to 9th Circuit Court of Appeals; copy of appeal and briefing schedule to all parties (dd) (Entered: 06/15/1998) |
| 572 | 1998-07-20.001 | CJA FORM 24 (Authorization and Voucher for Transcript Payment) for Theodore John Kaczynski (dd) (Entered: 07/22/1998) |
| 573 | 1998-09-11.001 | ORDER by Judge Garland E. Burrell ORDERING that the attached redacted copy of the psychiatric competency report of Doctor Sally C Johnson is unsealed (cc: all counsel) (dd) (Entered: 09/11/1998) |
| 574 | 1998-09-16.001 | CERTIFIED copy of judgment from 9th Circuit the decision of the District Court [562–1] is AFFIRMED (cc: all counsel) (dd) (Entered: 09/16/1998) |
| 1998-09-22.001 | REMARK file requested back from 9th circuit (kh) | |
| 1998-12-29.001 | LODGED substitution of attorney by Unabomb Trial Media Coalition (old) | |
| 575 | 1999-01-12.001 | ORDER by Judge Garland E. Burrell ordering that the Unabom Trial Media Coalition hereby substitutes the law firm of Riegels Campos and Kenyon in place of the firm of Diepenbrock Wulff Plant and Hannegan (cc: all counsel) (dd) (Entered: 01/12/1999) |
| 1999-04-23.001 | REMARK: spoke with James at USCA to request that the file be returned ASAP (dd) | |
| 576 | 1999-04-23.002 | NOTICE OF MOTION AND MOTION pursuant to 28:2255 by defendant (dd) (Entered: 04/26/1999) |
| 577 | 1999-04-26.001 | LETTER from Judge Garland E Burrell re motion pursuant to 28:2255 by defendant [576–1] case referred to Magistrate Judge John F. Moulds (cc: counsel) (dd) Modified on 04/26/1999 (Entered: 04/26/1999) |
| 578 | 1999-04-27.001 | ORDER by Judge Garland E. Burrell ordering that since determination of this action could involve factual issues of which the District Judge has particular familiarity, reference of the actions to the Magistrate Judge is withdrawn; case referral to Magistrate Judge John F. Moulds TERMINATED (cc: all counsel) (dd) (Entered: 04/27/1999) |
| 579 | 1999-04-27.002 | ORDER by Judge Garland E. Burrell ORDERING that since Kaczynski neither articulates a basis to justify his request nor alleges facts indicating any extrajudicial prejudice, his motion to recuse the assigned judge is DENIED (cc: all counsel) (dd) (Entered: 04/28/1999) |
| 580 | 1999-05-26.001 | NOTICE OF MOTION AND MOTION for reconsideration of dft’s motion to recuse the Honorable Garland E Burrell (dd) (Entered: 05/27/1999) |
| 581 | 1999-05-26.002 | LETTER to court from defendant Theodore John Kaczynski re the terms of the Court’s litigant letter (dd) (Entered: 05/27/1999) |
| 582 | 1999-05-27.001 | ORDER by Judge Garland E. Burrell: motion for reconsideration of dft’s motion to recuse the Honorable Garland E Burrell [580–1] is DENIED (cc: all counsel) (dd) (Entered: 05/27/1999) |
| 583 | 1999-05-27.002 | ORDER by Judge Garland E. Burrell ORDERING that the motion pursuant to 28:2255 by defendant Kaczynski [576–1] is DENIED (cc: all counsel) (dd) (Entered: 05/27/1999) |
| 584 | 1999-06-09.001 | LETTER to court from defendant Theodore John Kaczynski re notice of appeal and proof of service (dd) (Entered: 06/09/1999) |
| 585 | 1999-06-09.002 | NOTICE of Appeal to 9th Circuit by defendant Theodore John Kaczynski regarding order denying 28:2255 motion [583–1] (cc: all counsel) (dd) (Entered: 06/09/1999) |
| 1999-06-10.001 | RECORD on appeal returned from 9th Circuit: 14 volumes, 71 transcripts and 1 box of misc filings (dd) | |
| 586 | 1999-06-15.001 | NOTICE OF APPEAL AND REQUEST for certificate of appealability by defendant Theodore John Kaczynski (dd) (Entered: 06/15/1999) |
| 1999-06-15.002 | LODGED proposed order granting certificate of appealability by defendant Theodore John Kaczynski (dd) | |
| 1999-06-17.001 | LODGED Document requesting certificate of appealability NOT USED (old) Modified on 06/17/1999 | |
| 587 | 1999-06-17.002 | ORDER by Judge Garland E. Burrell ORDERING that the Court declines to issue a certificate of appealability in this action (cc: all counsel) (dd) (Entered: 06/17/1999) |
| 588 | 1999-07-02.001 | MAILED case information/docket fee payment notice, copy of Notice of Appeal to 9th Circuit Court of Appeals re order dated 5/27/99, copy of appeal and docket sheet to all parties (dd) (Entered: 07/02/1999) |
| 1999-07-02.002 | CLERK’S record on appeal transmitted to 9th Circuit Original case file: 14 volumes, 71 transcripts and 1 box of misc filings and certified copy of docket mailed to 9th Circuit (cc: all counsel) (dd) | |
| 589 | 1999-10-28.001 | CERTIFICATE of Record Transmitted to 9th Circuit regarding [585–1] (dd) (Entered: 10/28/1999) |
| 590 | 1999-11-05.001 | LETTER to court from defendant Theodore John Kaczynski re payment of the $105 appeal fee (dd) (Entered: 11/08/1999) |
| 591 | 1999-11-05.002 | MOTION showing cause why appeal should not be dismissed for failure to prosecute by defendant (dd) (Entered: 11/08/1999) |
| 592 | 1999-11-08.001 | MOTION to proceed in forma pauperis by defendant (dd) (Entered: 11/09/1999) |
| 593 | 1999-11-08.002 | MEMORANDUM OF POINTS AND AUTHORITIES (Affidavit) by defendant in support of motion to proceed in forma pauperis [592–1] (dd) (Entered: 11/09/1999) |
| 594 | 1999-11-08.003 | PROOF OF SERVICE by defendant of motion to proceed in forma pauperis and supporting documents (dd) (Entered: 11/09/1999) |
| 595 | 1999-11-12.001 | LETTER to court from defendant re statement of account submitted in support of motion to proceed IFP (dd) (Entered: 11/15/1999) |
| 596 | 1999-11-22.001 | RECEIPT of $105.00 appeal fee for defendant Theodore John Kaczynski by US Treasury Receipt # 195242 (dd) (Entered: 11/23/1999) |
| 597 | 2000-01-12.001 | NOTICE in 2:96-cr-00259 stating that Steven Lapham has been appointed Special Attorney in this action (kdc) (Entered: 01/13/2000) |
| 598 | 2000-01-12.002 | NOTICE by plaintiff USA APPOINTING Douglas Wilson as Special Attorney in this action (kdc) (Entered: 01/13/2000) |
| 599 | 2000-01-12.003 | NOTICE by plaintiff USA APPOINTING Douglas Wilson as Special Attorney in this action (kdc) (Entered: 01/13/2000) |
| 600 | 2000-01-12.004 | NOTICE by plaintiff USA APPOINTING Robert Cleary Special Attorney in this action (kdc) (Entered: 01/13/2000) |
| 601 | 2000-02-22.001 | REQUEST by defendant Theodore John Kaczynski to be refunded the $105 filing fee (kdc) (Entered: 02/23/2000) |
| 2000-02-28.001 | RETURNED Receipt from USCA; case number 98–10236 of 1 volume, 1 transcript (kdc) | |
| 602 | 2000-06-14.001 | APPLICATION by defendant Theodore John Kaczynski in 2:96-cr-00259 for court approval to sell real property (old) Modified on 06/14/2000 (Entered: 06/14/2000) |
| 603 | 2000-06-14.002 | LETTER to court from counsel for plaintiff USA re: proposed sale of real property (old) (Entered: 06/14/2000) |
| 604 | 2000-06-14.003 | ORDER by Magistrate Judge Gregory G. Hollows re application for approval to sell real property is GRANTED; the undersigned hereby vacates that part of the 6/25/96 order which would preclude the sale of the 1.4 acres; to the extent otherwise effective, the 6/25/96 order remains in effect in all other repects; the court approves the sale of the Lincoln, Montana property as well as dft’s interest therein; [602–1] (cc: all counsel) (old) Modified on 06/14/2000 (Entered: 06/14/2000) |
| 605 | 2000-09-07.001 | LETTER dated 9/2/00 to court from Joy Richards re Lincoln, Montana property lien; (old) Modified on 09/07/2000 (Entered: 09/07/2000) |
| 606 | 2000-09-07.002 | ORDER by Magistrate Judge Gregory G. Hollows re letter [605–1]; ORDERING that the United States shall either cause its lien to be released or shall show cause why sanctions should not issue for non-compliance with the 6/14/00 order; and the Clerk shall file the 9/2/00 letter from Joy Richards and serve a copy of this order on Joy Richards at PO Box 812, Lincoln, Montana, 59639; (cc: all counsel) (old) (Entered: 09/07/2000) |
| 607 | 2000-09-14.001 | PARTIAL RELEASE AND DISCHARGE OF NOTICE OF LIEN FOR FINE/RESTITUTION against dft recorded in the official records of the Lewis and Clark County Recorder State of Montana, Book Volume 588932 on 12/1/98 as to ONLY that real property described in Exhibit A by pltf USA (kdc) (Entered: 09/15/2000) |
| 608 | 2001-09-04.001 | CERTIFIED copy of judgment from 9th Circuit the decision of the District Court [585–1] is AFFIRMED (cc: all counsel) (ds) (Entered: 09/04/2001) |
| 2001-10-22.001 | RETURNED Receipt from USCA case number 99–50739 8 volumes clerk’s record and 38 volumes transcripts (kdc) | |
| 609 | 2002-09-04.001 | ORDER by Magistrate Judge Gregory G. Hollows; Dft has asked that the court disposition of the cabin previously occupied by dft and heretofore stored as evidence; The court intends to order such a disposition unless the United States objects; Any such objection to be filed within 7 days of the filed date of this order; The Clerk to file the attached correspondence under seal (cc: all counsel) (nac) (Entered: 09/04/2002) |
| 610 | 2002-09-04.002 | SEALED document (nac) (Entered: 09/04/2002) |
| 611 | 2002-09-04.003 | SEALED document (nac) (Entered: 09/04/2002) |
| 2002-09-12.001 | LODGED stip and order extending the US’s time to file its objection to the disposition of dft’s cabin (ak) | |
| 612 | 2003-03-12.001 | LETTER to court from defendant Theodore John Kaczynski requesting a copy of the Local Rules (kdc) (Entered: 03/13/2003) |
| 633 | 2003-03-31.001 | LETTER (entitled motion) to court from counsel defendant Theodore John Kaczynski asking for return of property seized as evidence (document originally filed in 2:03-cv-679) (kdc) (Entered: 08/11/2003) |
| 613 | 2003-04-04.001 | ORDER by Magistrate Judge Gregory G Hollows: Clerk directed to open related civil action for litigation of dft’s Motion for Return of Property; Clerk shall file this Order in both this action & new civil action and serve dft with Order identifying case number of new civil action; Clerk directed to send dft IFP Application for a Prisoner; w/in 30 days from date of this Order, dft shall returen IFP Application, property certified by prison officials; dft shall file this Application in new civil action; w/in 30 days of date of this Order, dft shall file an Amended Motion for Return of Property; dft shall file this Motion in new civil action (cc: all counsel) (mm1) (Entered: 04/04/2003) |
| 634 | 2003-04-04.002 | INITIAL SCHEDULING ORDER requiring timely service and joint status report (originally filed in 2:03-cv-679) (kdc) (Entered: 08/11/2003) |
| 635 | 2003-04-04.003 | ORDER by Magistrate Judge Gregory G. Hollows: clerk is directed to open related civil action for litigation of dft’s motion for return of property; clerk shall file this order in both this action and the new civil actions and serve dft with with the order identifying case number of new civil actions; clerk directed to send dft an IFP application for prisoner; within 30 days of this order, dft shall return IFP application in the new civil action; within 30 days of this order, dft shall file an amended motion for return of property; dft shall file this in the new civil action (document originally filed and docketed in 2:03–679) (cc: all counsel) (kdc) (Entered: 08/11/2003) |
| 2003-04-15.001 | LODGED order regarding transfer of dfts cabin to Scharlette Holdman by USA (mdk) | |
| 614 | 2003-04-16.001 | LETTER to court from counsel for defendant Theodore John Kaczynski to ask that the Court approve release of property/cabin to Scharlette Holdman (ljr) Modified on 04/17/2003 (Entered: 04/16/2003) |
| 615 | 2003-04-17.001 | LETTER to court from defendant Theodore John Kaczynski to Federal Defender to transfer all ownership and custody of dfts cabin to Scharlette Holdman (ljr) (Entered: 04/17/2003) |
| 616 | 2003-04-17.002 | ORDER by Magistrate Judge Gregory G. Hollows the court APPROVES the transfer of the cabin to Scharlette Holdman [6–1] (cc: all counsel) (ljr) (Entered: 04/17/2003) |
| 617 | 2003-04-18.001 | NOTICE OF MOTION AND MOTION for withdrawl of court’s order dated 4/3/03 and filed 4/4/03 by defendant Theodore John Kaczynski (daw) (Entered: 04/21/2003) |
| 636 | 2003-04-24.001 | ORDER by Magistrate Judge Gregory G. Hollows ORDERING CASE DISMISSED pursuant to FRCP 41(a) (document originally filed and docketed in 2:03-cv-679) (cc: all counsel) (kdc) (Entered: 08/11/2003) |
| 2003-05-08.001 | MOTION for amendment of order dated 4/24/03 by dft Kaczynski; hearing not noticed (originally docketed and filed in 2:03-cv-679) by defendant Theodore John Kaczynski in 2:96-cr-00259 (kdc) | |
| 2003-05-08.002 | MOTION for amendment of order dated 4/24/03 by dft (document originally filed and docketed in 2:03-cv-679) by defendant Theodore John Kaczynski in 2:96-cr-00259 (kdc) | |
| 637 | 2003-05-08.003 | MOTION for amendment of order dated 4/24/03 by defendant Theodore John Kaczynski (document originally filed and docketed in 2:03-cv-679) (kdc) (Entered: 08/11/2003) |
| 638 | 2003-05-15.001 | ORDER by Magistrate Judge Gregory G. Hollows: the court declines to amend its order filed 4/24/03 and pltf’s motion [5–1] is DENIED (document originally docketed and filed in 2:03-cv-679) (cc: all counsel) (kdc) (Entered: 08/11/2003) |
| 619 | 2003-06-26.001 | LETTER to court from defendant Theodore John Kaczynski re motions filed on 6/26/03 (alg) (Entered: 06/27/2003) |
| 2003-06-26.002 | REMARK: document #618 “Motion for Return of Property” was removed from this criminal action; case CIV S-03-1478 MCE KJM PS was opened with this document (bd) | |
| 621 | 2003-06-26.003 | MOTION for return of property by defendant Theodore John Kaczynski ; hearing not noticed (kdc) (Entered: 08/05/2003) |
| 639 | 2003-07-11.001 | ORDER STATUS CONFERENCE setting status before Judge Morrison C. England Jr (order previously vacated and docketed and filed in 2:03-cv-1478) (kdc) (Entered: 08/11/2003) |
| 622 | 2003-07-14.001 | REQUEST by defendant Theodore John Kaczynski for motion respecting disposition of property (kdc) (Entered: 08/05/2003) |
| 623 | 2003-07-14.002 | NOTICE by defendant Theodore John Kaczynski regarding disposition of property [622–1] and content of mailing (kdc) (Entered: 08/05/2003) |
| 624 | 2003-07-25.001 | INTERLOCUTORY APPEAL by defendant Theodore John Kaczynski re motion for return of property by defendant Theodore John Kaczynski [621–1] (kdc) (Entered: 08/05/2003) |
| 625 | 2003-07-31.001 | MAILED case information/docket fee payment notice, copy of Notice of Appeal to 9th Circuit Court of Appeals, copy of appeal and docket sheet to all parties (kdc) (Entered: 08/05/2003) |
| 626 | 2003-07-31.002 | BILL FOR FEES DUE: $105.00 appeal fee due from defendant Theodore John Kaczynski (kdc) (Entered: 08/05/2003) |
| 627 | 2003-08-01.001 | REQUEST by defendant Theodore John Kaczynski for motion for leave to proceed IFP on appeal (kdc) (Entered: 08/05/2003) |
| 628 | 2003-08-01.002 | AFFIDAVIT of Theodore Kaczynski by defendant Theodore John Kaczynski (kdc) (Entered: 08/05/2003) |
| 629 | 2003-08-01.003 | PROOF OF SERVICE by defendant Theodore John Kaczynsk (kdc) (Entered: 08/05/2003) |
| 630 | 2003-08-04.001 | MOTION for decision by defendant Theodore John Kaczynski (kdc) (Entered: 08/05/2003) |
| 620 | 2003-08-05.001 | ORDER by Magistrate Judge Kimberly J. Mueller CLOSING AND TRANSFERRING documents 1 through 11 in civil case CVS-03-1478 MCE KJM PS (cc: all counsel) (kdc) (Entered: 08/05/2003) |
| 640 | 2003-08-05.002 | ORDER by Magistrate Judge Kimberly J. Mueller ORDERING clerk’s office to close this case and transfer all pleadings to 2:96-cr-259 GEB GGH (this document originally filed and docketed in 2:03-cv-1478) (cc: all counsel) (kdc) (Entered: 08/11/2003) |
| 631 | 2003-08-07.001 | COPY OF ORDER in CIV-03-1478 MCE KJM by Magistrate Judge Kimberly J. Mueller ORDERING the clerk to administratively reopen the civil action; no further documents are to be filed in the civil action and in accordance with the order of 8/5/03 all future filings related to pltf’s motion for return of property are to be placed in CRS-96-259 GEB and treated as part of the criminal case; the portion of the 8/5/03 order vacating the 7/11/03 order setting status conference remains in effect (kdc) (Entered: 08/08/2003) |
| 641 | 2003-08-07.002 | ORDER by Magistrate Judge Kimberly J. Mueller ORDERING clerk to reopen; no further documents are to be filed in 2:03-cv-1478; all future filings related to pltf’s motion for return of property are to be placed in 2:96-cr-259 GEB GGH (document originally filed and docketed in 2:03-cv-1478) (cc: all counsel) (kdc) (Entered: 08/11/2003) |
| 632 | 2003-08-08.001 | RELATED CASE, CONSOLIDATION AND FUTURE FILINGS ORDER by Judge Garland E. Burrell: action CVS-03-1478 MCE KJM PS is REASSIGNED to Judge Garland E Burrell Jr and Magistrate Gregory G Hollows for all further proceedings; clerk is ordered to make appropriate adjustment in the assignment of civil cases to compensate for this reassignment; FURTHER, the Clerk is directed to reopen CVS-03-679 GEB GGH PS because that related action is now consolidated with CVS-03-1478 and all filings in CVS-03-679 are to placed in CRS-96-259 GEB; all future filings related to the claim shall be denominated as CRS-96-259 GEB GGH (cc: all counsel) (kdc) (Entered: 08/08/2003) |
| 2003-08-11.001 | RESERVICE OF DOCUMENT(S) order [632–1] addressed to defendant Theodore John Kaczynski, plaintiff USA (re-served to include US Court of Appeals on the service list) (cc: all counsel) (kdc) | |
| 643 | 2003-08-11.002 | LETTER to court from defendant Theodore John Kaczynski regarding “bill for fees due” [626–1] (sk) (Entered: 08/12/2003) |
| 642 | 2003-08-12.001 | ORDER by Judge Garland E. Burrell ORDERING the return of property claim is now referenced to the Magistrate Judge for proposed findings and recommendations under Local Rule 72–302(c)(17)(cc: all counsel) (kdc) (Entered: 08/12/2003) |
| 644 | 2003-08-12.002 | NOTICE from FD to John P Balazs confirming appointment by Magistrate Judge Kimberly J Mueller to represent Kaczynski (bd) (Entered: 08/13/2003) |
| 645 | 2003-08-13.001 | ORDER by Magistrate Judge Gregory G. Hollows; the court finds that Kaczynski’s conditional, interlocutory appeal is legally frivolous in that no appellate jurisdiction exists, and hence it did not divest the district court of jurisdiction to proceed; according, the US will be ordered to respond to motion for return of property; a response to the motion shall be filed within 30 days of the filed date of this order (cc: all counsel) (bd) Modified on 08/13/2003 (Entered: 08/13/2003) |
| 646 | 2003-08-14.001 | REQUEST by defendant Theodore John Kaczynski for issuance of civil summons re CIV S-03-1478 GEB GGH P (bd) (Entered: 08/15/2003) |
| 2003-08-14.002 | APPEAL number information from 9th Circuit [624–1] Appeal Number 03–16488 (03cv1478) (ak) | |
| 647 | 2003-08-22.001 | NOTICE by defendant Theodore John Kaczynski of related case(s) CIV S-03-1478 and CIV S-03-679 (lm) (Entered: 08/25/2003) |
| 648 | 2003-08-22.002 | LETTER to court from counsel for defendant Theodore John Kaczynski regarding Related case notice and inquiring about filing fee on CIV S-03-679 and CIV S-03-1478 [647–1] (lm) (Entered: 08/25/2003) |
| 649 | 2003-08-25.001 | RESPONSE by defendant Theodore John Kaczynski in to court order [645–1] (crf) (Entered: 08/26/2003) |
| 650 | 2003-09-03.001 | ORDER by Magistrate Judge Gregory G. Hollows ORDERING, within 10 days of the filed date of this order, movant Kaczynski to unequivocally affirm or reject appointment of counsel (cc: all counsel) (nac) (Entered: 09/03/2003) |
| 651 | 2003-09-11.001 | RESPONSE by defendant Theodore John Kaczynski to order [650–1]; appointment of attorney John P Balazs is accepted by dft (bd) (Entered: 09/12/2003) |
| 2003-09-12.001 | LODGED stipulation and order re briefing schedule for dft Kaczynski’s motion for return of property by defendant Theodore John Kaczynski (bd) | |
| 652 | 2003-09-17.001 | STIPULATION AND ORDER by Magistrate Judge Gregory G. Hollows dft Kaczynski through his counsel shall either: adopt Kaczynski’s pro se motion for return of property in its entirety [621–1]; amend or supplement the motion, or withdraw and file a new motion for return of property by 10/10/03; govt shall file a response to the motion by 11/7/03, and dft shall file a reply, if any, by 11/21/03 (cc: all counsel) — (ljr) (Entered: 09/17/2003) |
| 653 | 2003-10-10.001 | SUPPLEMENTAL BRIEF by defendant Theodore John Kaczynski in support of motion for return of property [621–1] (bd) (Entered: 10/14/2003) |
| 654 | 2003-11-10.001 | OPPOSITION by plaintiff to motion for return of property by defendant Theodore John Kaczynski [621–1] (nac) (Entered: 11/12/2003) |
| 655 | 2003-11-14.001 | MINUTE ORDER by CRD; motion for return of property by defendant Theodore John Kaczynski [621–1] HEARING SET FOR 10:00 11/24/03 (cc: all counsel) (bd) (Entered: 11/17/2003) |
| 656 | 2003-11-20.001 | REPLY BRIEF in support of motion for return of property by defendant Theodore John Kaczynski [621–1] (bd) (Entered: 11/21/2003) |
| 657 | 2003-11-24.001 | MINUTES before Magistrate Judge Gregory G. Hollows RE: motion for return of property; motion for return of property by defendant Theodore John Kaczynski [621–1] is taken under submission and court will issue an order; C/R ECRO (bd) (Entered: 11/25/2003) |
| 658 | 2004-01-08.001 | FINDINGS AND RECOMMENDATIONS by Gregory G Hollows Magistrate Judge RECOMMENDING that within 30 days, the US shall submit a list of that property which it desires to sell at auction for restitution purposes; the US shall return to Kaczynski through his present counsel that property which will not be listed for sale; within 30 days, US shall list that property which it believes in good faith to be contraband per se, or derivative contraband; the court will issue further orders in connection with this property list; nothing in these Findings permit Kaczynski to personally possess property at his prison institution if such possession would be contrary to institution regulations see order for more details (cc: all counsel) (bd) Modified on 01/08/2004 (Entered: 01/08/2004) |
| 2004-01-27.001 | LODGED stip and order re return of property by defendant Theodore John Kaczynski (kdc) | |
| 659 | 2004-01-27.002 | OBJECTIONS TO FINDINGS AND RECOMMENDATIONS by defendant Theodore John Kaczynski (kdc) (Entered: 01/28/2004) |
| 660 | 2004-01-29.001 | STIPULATION AND ORDER by Judge Garland E. Burrell ORDERING the schedule for filing of objections and replies is EXTENDED: written objections due 1/29/04; replies to objections, if any, due 2/12/04 (cc: all counsel) — (kdc) (Entered: 01/29/2004) |
| 661 | 2004-01-29.002 | ORDER by Judge Garland E. Burrell ORDERING objections filed on 1/27/04 [659–1] STRICKEN; since dft is represented by counsel, all communication to the Court must be through his counsel (cc: all counsel) (kdc) (Entered: 01/29/2004) |
| 662 | 2004-01-29.003 | OBJECTIONS TO FINDINGS AND RECOMMENDATIONS [658–1] by defendant Theodore John Kaczynski in 2:96-cr-00259 (kdc) (Entered: 01/30/2004) |
| 663 | 2004-01-29.004 | OBJECTIONS TO FINDINGS AND RECOMMENDATIONS [658–1] by USA in 2:96-cr-00259 (kdc) Modified on 02/02/2004 (Entered: 01/30/2004) |
| 664 | 2004-01-30.001 | MOTION to file final version of objections to magistrate judge’s findings and recommendations by USA as to Theodore John Kaczynski (old) (Entered: 02/02/2004) |
| 665 | 2004-01-30.002 | OBJECTIONS TO FINDINGS AND RECOMMENDATIONS [658–1] by plaintiff USA in 2:96-cr-00259 (old) (Entered: 02/02/2004) |
| 666 | 2004-02-12.001 | REPLY by defendant Theodore John Kaczynski to Government’s Objections to Magistrate Judge’s Findings and Recommendations (crf) (Entered: 02/13/2004) |
| 667 | 2004-02-12.002 | REPLY by plaintiff USA to dft’s objections to the Magistrate Judge’s findings and recommendations (crf) (Entered: 02/13/2004) |
| 668 | 2004-02-17.001 | NOTICE of hearing hearing set on objections to the F&R’s for 9:00 3/22/04 for Theodore John Kaczynski before the Honorable Garland E Burrell (cc: all counsel) (kdc) (Entered: 02/18/2004) |
| 669 | 2004-03-05.001 | ORDER by Judge Garland E. Burrell ORDERING motion for return of property by defendant Theodore John Kaczynski [621–1] DENIED; since equity does not favor returning the property to Kaczynski and he lacks standing to dictate what the govt does with the property, this matter is DISMISSED; therefore, Kaczynski’s present atty’s status as appointed counsel under 1915 is terminated as of the date on which this order is served; judgment is entered in favor of the United States (cc: all counsel) (daw) (Entered: 03/05/2004) |
| 670 | 2004-03-15.001 | NOTICE of Appeal to 9th Circuit by defendant Theodore John Kaczynski regarding [669–1] ( fee status IFP ) (daw) (Entered: 03/16/2004) |
| 671 | 2004-03-16.001 | MAILED case information/docket fee payment notice, copy of Notice of Appeal to 9th Circuit Court of Appeals, copy of appeal and docket sheet to all parties (daw) (Entered: 03/16/2004) |
| 672 | 2004-03-16.002 | BRIEFING SCHEDULE [670–1] (cc: all counsel) (daw) (Entered: 03/16/2004) |
| 2004-03-19.001 | APPEAL number information from 9th Circuit [670–1] Appeal Number 04–10158 (kdc) | |
| 673 | 2004-03-22.001 | AMENDED NOTICE of Appeal to 9th Circuit by defendant Theodore John Kaczynski regarding [669–2] (fee status request to proceed IFP) (kdc) (Entered: 03/23/2004) |
| 674 | 2004-03-22.002 | MOTION for leave to proceed IFP on appeal by defendant Theodore John Kaczynski (kdc) (Entered: 03/23/2004) |
| 675 | 2004-03-22.003 | AFFIDAVIT of Theodore Kaczynski by defendant Theodore John Kaczynski in support of motion for leave to proceed IFP on appeal (674–1) (kdc) (Entered: 03/23/2004) |
| 676 | 2004-03-23.001 | MAILED case information/docket fee payment notice, copy of Notice of Appeal to 9th Circuit Court of Appeals, copy of appeal and docket sheet to all parties (kdc) (Entered: 03/23/2004) |
| 677 | 2004-03-23.002 | BRIEFING SCHEDULE [673–1] (cc: all counsel) (kdc) (Entered: 03/23/2004) |
| 678 | 2004-03-26.001 | ORDER RE: CRMINAL JUSTICE ACT VOUCHER by Judge Garland E. Burrell: ORDERING that Atty John Balazs’s payment voucher in the amt of $4,976.95 has been returned to the FD’s office; the voucher should be sent to a Mag Judge involved with Mr Balazs’s appointment under the CJA (cc: all counsel) (old) (Entered: 03/26/2004) |
| 679 | 2004-03-29.001 | LETTER to court from defendant Theodore John Kaczynski regarding Time Schedule Order [672–1] (crf) (Entered: 03/30/2004) |
| 2004-03-29.002 | APPEAL number information from 9th Circuit re amended notice of appeal [673–1]; Appeal Number remains 04–10158 (crf) | |
| 680 | 2004-04-02.001 | ORDER by Magistrate Judge Gregory G. Hollows ORDERING payment at the district court level is authorized in the amount of $4,319.95 to Mr Balazs (cc: all counsel) (pw) (Entered: 04/02/2004) |
| 681 | 2004-06-28.001 | CJA Form 20 (Attorney Payment Voucher) by Attorney John Balazs for Theodore John Kaczynski (kdc) (Entered: 06/29/2004) |
| 682 | 2004-08-05.001 | TRANSCRIPT of 11/24/03 hearing on dft’s motion for return of property C/R Petrilla Reporting and Transcription (mdk) (Entered: 08/06/2004) |
| 683 | 2004-08-06.001 | TRANSCRIPT DESIGNATION and Ordering Form for dates 11/24/03 re appeal [670–1] [670–1] (originally filed 7/14/04) (kdc) (Entered: 08/06/2004) |
| 684 | 2005-03-03.001 | CERTIFICATE of RECORD transmitted to Ninth Circuit for USCA Case Number 04–10158 Hearing Dates of 11/24/03 (Carlos, K) (Entered: 03/03/2005) |
| 685 | 2005-08-15.001 | USCA JUDGMENT as to Theodore John Kaczynski re 673 Notice of Appeal (CR) with decision of district court REMANDED. (Krueger, M) (Entered: 08/16/2005) |
| 686 | 2005-08-15.002 | CJA 20 form signed by Judge Garland E. Burrell appointing John Blalazs as attorney for Theodore John Kaczynski. (Carlos, K) (Entered: 08/17/2005) |
| 687 | 2005-08-18.001 | ORDER signed by Judge Garland E. Burrell Jr. on 08/18/05 as to Theodore John Kaczynski ORDERING Status Conference re-set for 9/19/2005 at 10:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr.(Carlos, K) |
| 688 | 2005-09-12.001 | STATUS REPORT by Theodore John Kaczynski (Balazs, John) (Entered: 09/12/2005) |
| 689 | 2005-09-12.002 | STATUS REPORT by USA as to Theodore John Kaczynski (Attachments: # 1 Trustee Michael F. Burkart’s Personal Resume)(Martel, Ana) (Entered: 09/12/2005) |
| 689 | 2005-09-12.002 | STATUS REPORT by USA as to Theodore John Kaczynski (Attachments: # 1 Trustee Michael F. Burkart’s Personal Resume)(Martel, Ana) (Entered: 09/12/2005) |
| 690 | 2005-09-14.001 | ORDER signed by Judge Garland E. Burrell Jr. as to Theodore John Kaczynski: Status Conference RESET for 10/11/2005 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr. (Waggoner, D) |
| 691 | 2005-09-22.001 | ORDER as to Theodore John Kaczynski ORDERING pursuant to Opinion issued by the 9th Circuit Court appointing pro bono amicus counsel for the victims and their families, Clerk shall add Steven A. Hirsch as counsel for service and shall serve with this order and copies of 688 and 689 . Status Conference RESET for 11/14/05 at 10:00 AM in Courtroom 10 (GEB) before Judge Garnaldn E. Burrell, Jr. Govt shall file a status report no later than 11/7/05 in order to address the request to appoint Michael Burkart and other matters consistent with the 9th Circuit’s remand directive. (Attachments: # 1 Appellate Court Opinion) (Waggoner, D) |
| 2005-09-22.001 | SERVICE BY MAIL: 688 Status Report,689 Status Report and 691 Order served on Steven Arthur Hirsch. (Waggoner, D) | |
| 2005-09-22.002 | SERVICE BY MAIL: 688 Status Report, 689 Status Report and 691 Order served on Steven Arthur Hirsch. (Waggoner, D) | |
| 692 | 2005-11-02.001 | STIPULATION and PROPOSED ORDER (Balazs, John) (Entered: 11/02/2005) |
| 693 | 2005-11-03.001 | ORDER as to Theodore John Kaczynski Status Conference re-set for 12/12/2005 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr.. signed by Judge Garland E. Burrell Jr. on 11/2/05. (Carlos, K) |
| 2005-11-03.002 | SERVICE BY MAIL: 693 Order served on Steven Arthur Hirsch (Carlos, K) | |
| 694 | 2005-11-30.001 | REQUEST by David Gelernter that his views regarding disposition of dft’s property be considered by USA as to Theodore John Kaczynski (Martel, Ana) Modified on 12/1/2005 (Dotson, B). (Entered: 11/30/2005) |
| 695 | 2005-12-01.001 | ORDER signed by Judge Garland E. Burrell Jr. on 12/1/05 regarding attached transmittal communication. (Carlos, K) |
| 2005-12-01.002 | SERVICE BY MAIL: 695 Order (CR) served on Steven Arthur Hirsch and David Gelernter.(Carlos, K) | |
| 696 | 2005-12-05.001 | STIPULATION and PROPOSED ORDER (Balazs, John) (Entered: 12/05/2005) |
| 697 | 2005-12-05.002 | STIPULATION AND ORDER signed by Judge Garland E. Burrell Jr. on 1/23/06 ORDERING Status Conference re-set for 1/23/2006 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr. (Carlos, K) |
| 698 | 2006-01-18.001 | STIPULATION and PROPOSED ORDER (Balazs, John) (Entered: 01/18/2006) |
| 699 | 2006-01-26.001 | ORDER signed by Judge Garland E. Burrell Jr. on 1/25/06 as to Theodore John Kaczynski ORDERING Status Conference re-set for 3/3/2006 at 11:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr.. (Carlos, K) |
| 700 | 2006-02-25.001 | STIPULATION and PROPOSED ORDER (Balazs, John) (Entered: 02/25/2006) |
| 701 | 2006-03-14.001 | STIPULATION AND ORDER signed by Judge Garland E. Burrell Jr. on 3/13/06 as to Theodore John Kaczynski ORDERING Status Conference RE-SET for 4/24/2006 at 10:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr.. (Carlos, K) |
| 702 | 2006-04-17.001 | PLAINTIFF(S) STATUS REPORT by USA as to Theodore John Kaczynski (Attachments: # 1 Exhibit The Four Restitutionary Victims)(Martel, Ana) Additional attachment(s) added on 4/19/2006 (Carlos, K). (Entered: 04/17/2006) |
| 703 | 2006-04-18.001 | REQUEST For Permission to File United States’ Amended Status Report by USA as to Theodore John Kaczynski. Motion Hearing set for 4/24/2006 at 10:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr.. (Martel, Ana) Modified on 4/20/2006 (Mena-Sanchez, L). (Entered: 04/18/2006) |
| 704 | 2006-04-18.002 | AMENDED STATUS REPORT by USA as to Theodore John Kaczynski (Attachments: # 1 Exhibit 1: The Four Restitionary Victims# 2 Exhibit 2: Letter from Michael Burkart)(Martel, Ana) (Entered: 04/18/2006) |
| 704 | 2006-04-18.002 | AMENDED STATUS REPORT by USA as to Theodore John Kaczynski (Attachments: # 1 Exhibit 1: The Four Restitionary Victims# 2 Exhibit 2: Letter from Michael Burkart)(Martel, Ana) (Entered: 04/18/2006) |
| 704 | 2006-04-18.002 | AMENDED STATUS REPORT by USA as to Theodore John Kaczynski (Attachments: # 1 Exhibit 1: The Four Restitionary Victims# 2 Exhibit 2: Letter from Michael Burkart)(Martel, Ana) (Entered: 04/18/2006) |
| 705 | 2006-04-20.001 | STIPULATION and PROPOSED ORDER for objections and hearing on government’s amended status report (Balazs, John) (Entered: 04/20/2006) |
| 706 | 2006-04-25.001 | STIPULATION AND ORDER signed by Judge Garland E. Burrell Jr. on 4/25/06 as to Theodore John Kaczynski ORDERING defense response and objections to the Govt’s amended status report due by 5/15/06. The hearing on the status report set for 5/22/2006 at 10:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr.. (Carlos, K) |
| 707 | 2006-05-12.001 | STIPULATION and PROPOSED ORDER re status report and schedule (Balazs, John) (Entered: 05/12/2006) |
| 708 | 2006-05-15.001 | STIPULATION AND ORDER signed by Judge Garland E. Burrell Jr. on 5/12/06 ORDERING current Status Conference VACATED and RE-SET for 6/9/2006 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr.. (Carlos, K) |
| 709 | 2006-05-26.001 | REPLY/RESPONSE to Government’s Amended Status Report by Theodore John Kaczynski, Theodore John Kaczynski re 704 Status Report (CR) (Balazs, John) (Entered: 05/26/2006) |
| 710 | 2006-05-31.001 | STIPULATION and PROPOSED ORDER to Request that the Court vacate the Status Conference set for June 9, 2006 at 9:00 a.m. and set the following schedule in this case: Reply to Defendant’s Response and Objections to the United States Amended Status Report due June 9, 2006; and Hearing on Status Report and response/replies thereto June 16, 2006 at 9:00 a.m. by USA (Martel, Ana) (Entered: 05/31/2006) |
| 711 | 2006-06-01.001 | AMENDED STIPULATION and PROPOSED ORDER Amended to change time on June 16, 2006, from 9:00 a.m. to 11:00 AM. by USA (Martel, Ana) Modified on 6/2/2006 (Kirkpatrick, S). (Entered: 06/01/2006) |
| 712 | 2006-06-05.001 | ORDER as to Theodore John Kaczynski ORDERING Status Conference re-set for 6/16/2006 at 11:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr.. signed by Judge Garland E. Burrell Jr. on 6/1/06. (Carlos, K) |
| 713 | 2006-06-09.001 | REPLY/RESPONSE to Defendant’s Opposition to Status Report by Theodore John Kaczynski, USA re 709 Reply/Response (CR) (Martel, Ana) (Entered: 06/09/2006) |
| 714 | 2006-06-09.002 | REPLY/RESPONSE to The Victim’s Reply To Defendant Theodore John Kaczynski’s Response and Objections to the Government’s Amended Status Report by Theodore John Kaczynski, USA (Hirsch, Steven) (Entered: 06/09/2006) |
| 715 | 2006-06-16.001 | MINUTES for proceedings held before Judge Garland E. Burrell Jr.:STATUS CONFERENCE as to Theodore John Kaczynski held on 6/16/2006. Status Conference set for 7/28/2006 at 11:00 AM before Judge Garland E. Burrell Jr. Proposal by the government and victims to be filed by 7/7/06; defendants response by 7/21/06. Government Counsel Ana Maria-Martel present. Defense Counsel John Balazs present. Steve Hirsch Counsel for Victims present.Custody Status: defendant not present. Court Reporter/CD Number: Kimberly Bennett. (Furstenau, S) (Entered: 06/19/2006) |
| 716 | 2006-06-19.001 | TRANSCRIPT of status conference as to Theodore John Kaczynski held on 6/16/06 before Judge Garland E. Burrell. Court Reporter: K. Bennett. (Carlos, K) (Entered: 06/20/2006) |
| 717 | 2006-07-07.001 | NOTICE of THE VICTIMS’ STATEMENT CONCERNING AUCTION OF DEFENDANT’S PROPERTY by Charles Epstein, Susan Mosser, Connie Murray, Gary B. Wright as to Theodore John Kaczynski. (Hirsch, Steven) (Entered: 07/07/2006) |
| 718 | 2006-07-07.002 | PLAINTIFF(S) STATUS REPORT by USA as to Theodore John Kaczynski. (Attachments: # 1 Exhibit A — Letter from the Marshal# 2 Exhibit B — Personal Items# 3 Exhibit C — Firearms# 4 Exhibit D — Contraband)(Martel, Ana) (Entered: 07/07/2006) |
| 719 | 2006-07-21.001 | OBJECTIONS to the Government’s Plan for sale of his property by Theodore John Kaczynski. (Attachments: # 1 Exhibit A (excerpt from Amici brief))(Balazs, John) Modified on 7/24/2006 (Mena-Sanchez, L). (Entered: 07/21/2006) |
| 720 | 2006-07-27.001 | Pre-Status Conference Communication as to Theodore John Kaczynski, signed by Judge Garland E. Burrell Jr. on July 27, 2006. (Amaral, A) |
| 721 | 2006-07-27.002 | PROPOSED ORDER Regarding Sale of Property Seized and Exhibit A — Property by USA as to Theodore John Kaczynski. (Martel, Ana) (Entered: 07/27/2006) |
| 722 | 2006-07-28.001 | MINUTES for proceedings held before Judge Garland E. Burrell Jr.:STATUS CONFERENCE re: remand as to Theodore John Kaczynski held on 7/28/2006. Court will issue a ruling. Government Counsel Ana Maria Martel present. Defense Counsel John Balazs present. Steve Hirsch for victims presentCustody Status: not present. Court Reporter/CD Number: Kimberly Bennett. (Furstenau, S) (Entered: 07/31/2006) |
| 723 | 2006-07-31.001 | REPLY/RESPONSE to Amended Plan of Sale of Defendant’s Property by USA as to Theodore John Kaczynski. (Attachments: # 1 Exhibit A — D)(Martel, Ana) (Entered: 07/31/2006) |
| 724 | 2006-07-31.002 | DEPOSITION TRANSCRIPT of US Ordered Transcript of Oral Argument Before the Ninth Circuit taken on June 16, 2005. (Martel, Ana) (Entered: 07/31/2006) |
| 725 | 2006-08-01.001 | REPLY/RESPONSE to Government’s Amended Plan filed July 31, 2006 by Theodore John Kaczynski re 723 Reply/Response — CR, 724 Deposition Transcript — CR. (Balazs, John) (Entered: 08/01/2006) |
| 726 | 2006-08-04.001 | PLAINTIFF(S) STATUS REPORT by USA as to Theodore John Kaczynski. (Attachments: # 1 Background# 2 Photographs and Writings Attach1# 3 Photographs and Writings Attach2)(Martel, Ana) (Entered: 08/04/2006) |
| 727 | 2006-08-08.001 | NOTICE OF FILING / LODGING DOCUMENT IN PAPER Notice of Lodging Transcript by plaintiff USA as to Theodore John Kaczynski: Lodged with court pursuant to Order of the Court. (Martel, Ana) Modified on 8/8/2006 (Holland, K). (Entered: 08/08/2006) |
| 728 | 2006-08-09.001 | NOTICE of The Victims’ Supplemental Submission Re: Need to Redact Kaczynski’s Original Writings Prior to Auction by Charles Epstein, Susan Mosser, Connie Murray, Gary B. Wright as to Theodore John Kaczynski. (Hirsch, Steven) (Entered: 08/09/2006) |
| 729 | 2006-08-09.002 | DECLARATION of Steven A. Hirsch in Support of 728 Supplemental Submission re Need to Redact Kaczynski’s Writings, by Charles Epstein, Susan Mosser, Connie Murray, & Gary B. Wright.(Attachments: # 1 Exhibit A# 2 Exhibit B)(Hirsch, Steven) Modified on 8/10/2006 (Brown, T). (Entered: 08/09/2006) |
| 730 | 2006-08-10.001 | ORDER signed by Judge Garland E. Burrell Jr. on 08/10/06 APPROVING the 7/31/06 Plan except as noted in this order. Property in the govt’s possession that is not addressed in the 7/31/06 Plan shall be returned to dft Kaczynski. A separate order will issue authorizing the US Marshal to assist the govt in organizing the sale . (Carlos, K) |
| 731 | 2006-08-10.002 | ORDER signed by Judge Garland E. Burrell Jr. on 8/10/06 AUTHORIZING the US Marshal to take the steps necessary to cause the property attached hereto and the original writings of dft in the govt’s possession, excluding those writings that contain diagrams and ‘recipes’ for making bombs, to be sold at a reasonably advertised internet auction as property of Theodore John Kaczynski being sold by court order for the benefit of his victims. The Marhsal’s requests that he not take possession of the property to be sold, that he not be ordered to spend any funds in connnection with the sale of the items, and that he be allowed to waive his statutory commission are APPROVED. (Carlos, K) |
| 732 | 2006-08-10.003 | TRANSCRIPT of status conference as to Theodore John Kaczynski held on 7/28/06 before Judge Garland E. Burrell. Court Reporter: K. Bennett. (TEXT ONLY) (Carlos, K) (Entered: 08/10/2006) |
| 733 | 2006-08-21.001 | APPLICATION for stay pending appeal by Theodore John Kaczynski (Balazs, John) (Entered: 08/21/2006) |
| 734 | 2006-08-21.002 | PROPOSED ORDER for stay pending appeal re 733 Application — General — ATY by Theodore John Kaczynski. (Balazs, John) (Entered: 08/21/2006) |
| 735 | 2006-08-21.003 | NOTICE of APPEAL by Theodore John Kaczynski as to 731 Order — CR,,, 730 Order — CR,. (Balazs, John) (Entered: 08/21/2006) |
| 736 | 2006-08-21.004 | APPEAL PROCESSED to Ninth Circuit re 735 Notice of Appeal filed by Theodore John Kaczynski. Filed dates for Notice of Appeal 8/21/2006, Complaint 6/18/1996 and Appealed Order / Judgment 8/10/2006. Court Reporter: K. Bennett. Fee Status: CJA Theodore Kaczynski (Attachments: # 1) (Carlos, K) Modified on 8/22/2006 (Carlos, K). (Entered: 08/22/2006) |
| 737 | 2006-08-21.005 | MEMORANDUM and ORDER for TIME SCHEDULE to District Court re 735 Notice of Appeal — CR filed by Theodore John Kaczynski, with Date of Appeal or Judgment of 8/21/2006. Status: CJA Counsel Appointed Dft in Custody (Attachments: # 1) (Carlos, K) (Entered: 08/22/2006) |
| 2006-08-22.001 | SERVICE BY MAIL: 735 Notice of Appeal, 731 Order, 730 Order, 736 Appeal Processed to USCA, and 737 Memorandum and Order for Time Schedule served on Eugene Clark Treaster, Theodore Kacynski and Thomas H Speedy Rice (Carlos, K) | |
| 738 | 2006-08-28.001 | ORDER as to Theodore John Kaczynski: Defendant shall file a document no later than 8/29/06 that clarifies the scope of the requested stay; if the gov’t and/or Named Victims wish to respond, the response shall be filed no later than 9/1/06, signed by Judge Garland E. Burrell Jr. on August 28, 2006. (Amaral, A) |
| 739 | 2006-08-29.001 | NOTICE No Hearing Required by USA as to Theodore John Kaczynski. (Martel, Ana) (Entered: 08/29/2006) |
| 740 | 2006-08-29.002 | USCA CASE NUMBER 06–10514 (Carlos, K) (Entered: 08/30/2006) |
| 741 | 2006-09-05.001 | ORDER STAYING ORDERS FILED AUGUST 10, 2006, as to Theodore John Kaczynski signed by Judge Garland E. Burrell Jr. on 9/5/06. (Amaral, A) |
| 742 | 2006-09-11.001 | MAIL RETURNED as not deliverable as addressed, unable to forward re 763 . Mail sent to Thomas H. Speedy Rice. (Mena-Sanchez, L) (Entered: 09/12/2006) |
| 743 | 2006-09-23.001 | TRANSCRIPT REQUEST for proceedings held on 6/16/06 & 7/28/06 before Judge Hon. Garland E. Burrell, Jr., re 735 Notice of Appeal — CR (Balazs, John) (Entered: 09/23/2006) |
| 744 | 2006-10-04.001 | MOTION For Substitution of Counsel, or in the alternative for Leave to Proceed Pro Se by Theodore John Kaczynski. (Mena-Sanchez, L) (Entered: 10/04/2006) |
| 745 | 2007-12-20.001 | TRANSMITTED RECORD on APPEAL to USCA # 06–10514 re 735 Notice of Appeal — CR. * Volumes of Files: 17. Volumes of Expandable Folders: 10.* Electronic Documents: 684 to 744. (Matson, R) (Entered: 12/20/2007) |
| 746 | 2008-04-28.001 | ORDER of USCA regarding Appellant’s motion to file a supplemental brief and motion for completion of the briefing schedule. (Carlos, K) (Entered: 05/05/2008) |
| 747 | 2009-01-09.001 | OPINION [for Publication] of USCA as to 735 Notice of Appeal — CR filed by Theodore John Kaczynski ORDERING that the decision of the district court is AFFIRMED. (Duong, D) (Entered: 01/09/2009) |
| 748 | 2009-04-06.001 | MOTION for appointment of counsel by Theodore John Kaczynski. (Kastilahn, A) (Entered: 04/07/2009) |
| 749 | 2009-04-09.001 | ORDER signed by Judge Garland E. Burrell, Jr on 04/09/09 GRANTING 748 Motion To Appoint Counsel as to Theodore John Kaczynski (1). Jon Balazs is appointed as CJA counsel.(Streeter, J) |
| 750 | 2009-04-17.001 | CJA 20 APPOINTING ATTORNEY John P. Balazs to represent Theodore John Kaczynski signed by Judge Garland E. Burrell, Jr on 4/7/2009. (Matson, R) (Entered: 04/17/2009) |
| 751 | 2009-04-20.001 | LETTER TO COURT RESPECTING 748 Motion for appointment of counsel, from Theodore John Kaczynski (Attachments: # 1 Cover Letter) (Reader, L) (Entered: 04/21/2009) |
| 752 | 2009-07-09.001 | LETTER (MOTION) from Jonathan Lee Riches requesting video conference hearing. (Kaminski, H) (Entered: 07/10/2009) |
| 753 | 2009-07-21.001 | MANDATE of USCA: The judgment of the Court, entered 1/9/09, takes effect this date. This constitutes the formal mandate of this Court issued pursuant to Rule 41(a) of the Federal Rules of Appellate Procedure. (Gaydosh, J) (Entered: 07/21/2009) |
| 754 | 2010-03-05.001 | LETTER from defendant Theodore Kaczynski served upon Court from copy of correspondence sent to Federal Defender Daniel Broderick. (Marciel, M) (Entered: 03/08/2010) |
| 755 | 2010-03-18.001 | ORDER as to Theodore John Kaczynski, signed by Judge Garland E. Burrell, Jr., on 3/17/10. A Status Conference is SET for 5/24/2010 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell, Jr. The US shall file a status report no later than 14 days before the status conf. Any response to the status report should be filed no later than seven days before the status conf. (Kastilahn, A) |
| 756 | 2010-03-31.001 | SUBSTITUTION of ATTORNEY — PROPOSED, submitted by Theodore John Kaczynski. (Balazs, John) (Entered: 03/31/2010) |
| 757 | 2010-03-31.002 | ORDER SUBSTITUTING ATTORNEY. Added attorney Erin Jolene Radekin for Theodore John Kaczynski, attorney John Paul Balazs terminated. (Becknal, R) (Entered: 03/31/2010) |
| 758 | 2010-05-10.001 | STATUS REPORT by USA as to Theodore John Kaczynski. Attorney Shelledy, David Taylor added. (Shelledy, David) (Entered: 05/10/2010) |
| 759 | 2010-05-10.002 | PROPOSED ORDER Clarifying Redactions by USA as to Theodore John Kaczynski. (Shelledy, David) (Entered: 05/10/2010) |
| 760 | 2010-05-12.001 | ORDER as to Theodore John Kaczynski signed by Judge Garland E. Burrell, Jr on 5/11/10: The United States shall file its supplemental status report by May 24, 2010. Any response to this status report should be filed no later than June 1, 2010. Status Conference RESET for 6/14/2010 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr.. (Kaminski, H) |
| 761 | 2010-05-20.001 | [PLEASE DISREGARD (atty to re-file)] STATUS REPORT by USA as to Theodore John Kaczynski. (Attachments: # 1 Proposed Order)(Shelledy, David) Modified on 5/20/2010 (Kaminski, H). (Entered: 05/20/2010) |
| 762 | 2010-05-20.002 | STATUS REPORT by USA as to Theodore John Kaczynski. (Attachments: # 1 Proposed Order)(Shelledy, David) (Entered: 05/20/2010) |
| 763 | 2010-05-27.001 | CJA 20 APPOINTING ATTORNEY signed by Judge Garland E. Burrell, Jr. on 3/31/2010 Attorney Erin Jolene Radekin for Theodore J. Kaczynski. (Reader, L) (Entered: 05/28/2010) |
| 764 | 2010-06-01.001 | REPLY/RESPONSE to Supplemental Status Report for the United States by Theodore John Kaczynski. (Attachments: # 1 Exhibit A)(Radekin, Erin) (Entered: 06/01/2010) |
| 765 | 2010-06-01.002 | PROPOSED ORDER Re Redacting Originals by Theodore John Kaczynski. (Radekin, Erin) (Entered: 06/01/2010) |
| 766 | 2010-06-02.001 | ORDER signed by Judge Garland E. Burrell, Jr on 6/2/10 ORDERING that the Clerk of Court shall add Mr. Hirsch to the electronic service list for this action and shall reserve Mr. Hirsch will documents 760, 761, 762, 763, 764, and 765 . Mr. Hirsch’s request to appear telephonically at the June 14, 2010 hearing is GRANTED. (Donati, J) (Donati, J). (Entered: 06/02/2010) |
| 767 | 2010-06-04.001 | MEMORANDUM by USA as to Theodore John Kaczynski in Opposition to re 765 Proposed Order — CR filed by Theodore John Kaczynski. (Shelledy, David) (Entered: 06/04/2010) |
| 768 | 2010-06-14.001 | MINUTES (Text Only) for proceedings held before Judge Garland E. Burrell, Jr:STATUS CONFERENCE as to Theodore John Kaczynski held on 6/14/2010. Government Counsel Ana Maria Martel, Steve Hirsch for victims present. Defense Counsel Erin Radekin present. Custody Status: defendant not present. Court Reporter/CD Number: Kimberly Bennett. (Furstenau, S) (Entered: 06/15/2010) |
| 769 | 2010-06-15.001 | ORDER signed by Judge Garland E. Burrell, Jr. on 6/14/2010. On or before 6/21/2010, government shall provide counsel for named victims and exemplar of one original page for defendant’s writings on which name of victim and/or intended victim is blackened out. Thereafter, counsel for named victims shall file Proposed Order to state their preference for method of redaction as ink or excision (cutting). (Marciel, M) |
| 770 | 2010-07-28.001 | PROPOSED ORDER Concerning Redaction and Copying of Kaczynski’s Writings by Gary B. Wright, Connie Murray, Susan Mosser, Charles Epstein as to Theodore John Kaczynski. (Attachments: # 1 Letter to Judge Burrell re Proposed Order)(Hirsch, Steven) (Entered: 07/28/2010) |
| 771 | 2010-08-05.001 | ORDER as to Theodore John Kaczynski signed by Judge Garland E. Burrell, Jr on 8/4/2010 ORDERING that the court’s Plan approval order filed on 8/10/2006, is supplemented as follows: W/in 60 days after this order is filed, the government shall del iver to an auctioneer designated by the United States Marshall the property to be sold for restitution; 60 days after conclusion of the auction, the government shall provide Kaczynski’s counsel with an electronic copy of his original writings as they appeared prior to the redactions described below; Names, addresses, and other identifying information concerning actual victims or other persons whom Kaczynski considered targeting, as well as descriptions of the actual victims’ injuries, are to be redacted; Technically enabling descriptions of bomb design, construction, and testing will be redacted; No redaction shall be done except to the Writings; For example, newspaper and magazine clippings will not be redacted. The government shall file a status report no later than 90 days after this order is filed, in which it explains the status of its efforts to implement the Plan. Any response to this status report should be filed 100 days after this order is filed.(Matson, R) |
| 772 | 2010-08-19.001 | MOTION to modify 8/4/2010 Order by Theodore John Kaczynski (Radekin, Erin) Modified on 8/31/2010 (Zignago, K.). (Entered: 08/19/2010) |
| 773 | 2010-08-26.001 | OPPOSITION by USA to 772 Motion to Modify 8/4/2010 Order. (Martel, Ana) Modified on 8/31/2010 (Zignago, K.). (Entered: 08/26/2010) |
| 774 | 2010-09-03.001 | ORDER signed by Judge Garland E. Burrell, Jr on 09/03/10 ORDERING further input as to Theodore John Kaczynski’s objections regarding FBI redactions. Filings due not later than 09/13/10. (Williams, D) |
| 775 | 2010-09-13.001 | REPLY/RESPONSE by Gary B. Wright, Connie Murray, Susan Mosser, Charles Epstein as to Theodore John Kaczynski to 774 Order. (Hirsch, Steven) Modified on 9/14/2010 (Benson, A.). (Entered: 09/13/2010) |
| 776 | 2010-09-13.002 | REPLY/RESPONSE to September 3, 2010 Order by USA as to Theodore John Kaczynski re 774 Order — CR. (Martel, Ana) (Entered: 09/13/2010) |
| 777 | 2010-09-17.001 | ORDER signed by Judge Garland E. Burrell, Jr on 9/17/10 re pltf’s 772 Motion to Modify the Court’s 8/5/10 771 Order. Pltf’s first request re his ability to seek corrections of copied writings and the form of his copy is REJECTED. P ltf’s second proposal for counsel to examine writing copies is ADOPTED, however, the copies received will be physical, rather than electronic. The Court’s 8/5/10 Order 771 is amended to reflect this adopted proposal. Finally, pltf’s arguments re the seized writings of others are DENIED. (Owen, K) |
| 778 | 2010-10-25.001 | MOTION for SUBSTITUTION of COUNSEL and Requesting an Order to STAY the government from selling or disposing of any papers seized from defendant, pending the appointment of new counsel and appeal by Theodore John Kaczynski. (Waggoner, D) (Entered: 10/26/2010) |
| 779 | 2010-10-25.002 | NOTICE of APPEAL by Theodore John Kaczynski. (Waggoner, D) (Entered: 10/26/2010) |
| 780 | 2010-10-25.003 | LETTER from Theodore Kaczynski regarding communication with attorney appointed to represent him. (Waggoner, D) (Entered: 10/26/2010) |
| 781 | 2010-10-26.001 | APPEAL PROCESSED to Ninth Circuit re 779 Notice of Appeal — CR filed by Theodore John Kaczynski in pro se. Filed dates for Notice of Appeal 10/25/2010, Complaint 6/18/1996 and Appealed Order / Judgment 9/17/2010. Court Reporter: N/A. Fee Status: CJA granted on 5/27/2010 ** (Attachments: # 1 Appeal Information, # 2 Certificate of Record) (Waggoner, D) (Entered: 10/26/2010) |
| 2010-10-26.002 | SERVICE BY MAIL: 781 Appeal Processed to USCA — CR served on Theodore John Kaczynski. (Waggoner, D) | |
| 782 | 2010-10-29.001 | ORDER signed by Judge Garland E. Burrell, Jr on 10/28/10 ORDERING Ms. Radekin to file a written response to Kaczynkskis substitution of counsel motion no later than November 8, 2010. The response may be filed under seal. The Clerk of Court shall serve a copy of this order on Kaczynski,addressed as follows:Theodore John Kaczynski 04475–046 U.S. Penitentiary Max P.O. Box 8500 Florence, CO 81226–8500. (Williams, D) |
| 783 | 2010-11-03.001 | STATUS REPORT by USA as to Theodore John Kaczynski. (Martel, Ana) (Entered: 11/03/2010) |
| 784 | 2010-11-08.001 | WITHDRAWAL of 778 Motion for Substitution of Counsel filed by Theodore John Kaczynski. (Radekin, Erin) Modified on 11/9/2010 (Marciel, M). (Entered: 11/08/2010) |
| 785 | 2010-11-08.002 | MOTION for STAY of sale of defendant’s writings and papers pending Appeal by Theodore John Kaczynski. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F) (Radekin, Erin) Modified on 11/9/2010 (Marciel, M). (Entered: 11/08/2010) |
| 785 | 2010-11-08.002 | MOTION for STAY of sale of defendant’s writings and papers pending Appeal by Theodore John Kaczynski. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F) (Radekin, Erin) Modified on 11/9/2010 (Marciel, M). (Entered: 11/08/2010) |
| 785 | 2010-11-08.002 | MOTION for STAY of sale of defendant’s writings and papers pending Appeal by Theodore John Kaczynski. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F) (Radekin, Erin) Modified on 11/9/2010 (Marciel, M). (Entered: 11/08/2010) |
| 785 | 2010-11-08.002 | MOTION for STAY of sale of defendant’s writings and papers pending Appeal by Theodore John Kaczynski. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F) (Radekin, Erin) Modified on 11/9/2010 (Marciel, M). (Entered: 11/08/2010) |
| 785 | 2010-11-08.002 | MOTION for STAY of sale of defendant’s writings and papers pending Appeal by Theodore John Kaczynski. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F) (Radekin, Erin) Modified on 11/9/2010 (Marciel, M). (Entered: 11/08/2010) |
| 785 | 2010-11-08.002 | MOTION for STAY of sale of defendant’s writings and papers pending Appeal by Theodore John Kaczynski. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F) (Radekin, Erin) Modified on 11/9/2010 (Marciel, M). (Entered: 11/08/2010) |
| 785 | 2010-11-08.002 | MOTION for STAY of sale of defendant’s writings and papers pending Appeal by Theodore John Kaczynski. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F) (Radekin, Erin) Modified on 11/9/2010 (Marciel, M). (Entered: 11/08/2010) |
| 786 | 2010-11-08.003 | MINUTE ORDER: On November 8, 2010, Defendant filed an “Application to Stay the Court’s Orders Regarding the Sale of His Writings and Papers pending Appeal,” or in the alternative, until November 18, 2010, to permit him time to seek a stay from the Ninth Circuit. (ECF No. 785.)Although Defendant states in his Application that it is a “renewal” of a pro se request for a stay, “[a]... defendant does not have an absolute right to both self-representation and the assistance of counsel. Whether to allow hybrid representation remains within the sound discretion of the trial judge.” U.S. v. Halbert, 640 F.2d 1000, 1009 (9th Cir. 1981) (citations omitted). The court had not responded to Defendant’s pro se request because it was in the process of evaluating whether he should be authorized to engage in hybrid representation. This issue is now mooted by Defendant’s Application, in which his counsel states that she remains his attorney of record. (ECF No. 785, 1 n.1.) Defendant’s counsel has incorporated Defendant’s pro se stay request into his November 8, 2010 Application. The United States shall respond to Defendant’s Application no later than 3:00 p.m. on November 12, 2010. The Named Victims are also requested to respond to Defendant’s Application no later than 3:00 p.m. on November 12, 2010. ordered by Judge Garland E. Burrell, Jr on November 8, 2010. (Dankof, E) (Entered: 11/08/2010) |
| 787 | 2010-11-12.001 | MEMORANDUM. in Support of Application for Stay of Sale of Writings and Papers Pending Appeal (Radekin, Erin) (Entered: 11/12/2010) |
| 788 | 2010-11-12.002 | OPPOSITION by USA. to Defendant’s Motion to Stay the Execution Sale of his Property Without Posting a Supersedeas Bond (Attachments: # 1 Exhibit)(Martel, Ana) (Entered: 11/12/2010) |
| 789 | 2010-11-15.001 | REPLY by Theodore John Kaczynski to RESPONSE to. Motion for Stay of Sale of Writings and Papers Pending Appeal (Attachments: # 1 Exhibit G, # 2 Exhibit H)(Radekin, Erin) (Entered: 11/15/2010) |
| 790 | 2010-11-15.002 | OPPOSITION by Gary B. Wright, Connie Murray, Susan Mosser, Charles Epstein to 785 Motion for Substitution of Counsel and for Order to Stay government sale of seized documents. (Hirsch, Steven) (Entered: 11/15/2010) |
| 791 | 2010-11-15.003 | MOTION For Permission to File Amended Reply to Government’s Opposition to Motion for Stay Pending Appeal by Theodore John Kaczynski. (Radekin, Erin) (Entered: 11/15/2010) |
| 792 | 2010-11-15.004 | MINUTE ORDER: Defendant’s request to file an amended reply is granted. re 791 Motion for Miscellaneous Relief — CR Ordered by Judge Garland E. Burrell, Jr on 11/15/10. (Furstenau, S) (Entered: 11/15/2010) |
| 793 | 2010-11-15.005 | REPLY by Theodore John Kaczynski to RESPONSE to. Motion for Stay of Sale of Writings and Papers Pending Appeal (Amended) (Attachments: # 1 Exhibit G)(Radekin, Erin) (Entered: 11/15/2010) |
| 794 | 2010-11-16.001 | NOTICE of Errata by USA re 788 Opposition to Motion. (Martel, Ana) (Entered: 11/16/2010) |
| 795 | 2010-11-16.002 | ORDER signed by Judge Garland E. Burrell, Jr on 11/16/2010denying 785 Motion for a stay pending appeal as to Theodore John Kaczynski. (Waggoner, D) |
| 796 | 2010-11-17.001 | TRANSCRIPT REQUEST for proceedings held on June 14, 2010 before Judge Burrell, (Radekin, Erin) (Entered: 11/17/2010) |
| 797 | 2010-11-22.001 | USCA CASE NUMBER 10–10495 for 779 Notice of Appeal — CR filed by Theodore John Kaczynski. (Zignago, K.) (Entered: 11/22/2010) |
| 798 | 2010-11-22.002 | [PLEASE DISREGARD (atty to re-file)] MOTION to STRIKE Notice of Appeal by USA as to Theodore John Kaczynski. (Martel, Ana) Modified on 11/22/2010 (Holland, K). (Entered: 11/22/2010) |
| 799 | 2010-11-22.003 | MOTION to STRIKE 779 Notice of Appeal by USA as to Theodore John Kaczynski. (Martel, Ana) (Entered: 11/22/2010) |
| 800 | 2010-11-24.001 | ORDER signed by Judge Garland E. Burrell, Jr. on 11/24/10 DENYING 799 Motion to Strike Notice of Appeal. (Manzer, C) |
| 2010-11-24.002 | SERVICE BY MAIL: 800 Order on Motion to Strike served on Theodore John Kaczynski. (Manzer, C) | |
| 801 | 2011-01-04.001 | LETTER from dft regarding the terms of agreement between his counsel and the govt. (Carlos, K) (Entered: 01/05/2011) |
| 802 | 2011-01-04.002 | CERTIFICATE of SERVICE by Theodore John Kaczynski. (Carlos, K) (Entered: 01/05/2011) |
| 803 | 2011-01-07.001 | REQUEST by Theodore John Kaczynski to have attached letter to Erin J. Radekin filed in this case. (Kastilahn, A) (Entered: 01/10/2011) |
| 804 | 2011-05-09.001 | LETTER from Theodore John Kaczynski. (Becknal, R) (Entered: 05/10/2011) |
| 805 | 2011-05-09.002 | MOTION for retention of evidence by Theodore John Kaczynski. (Becknal, R) (Entered: 05/10/2011) |
| 806 | 2011-05-09.003 | LETTER sent to the AUSA by Theodore John Kaczynski. (Becknal, R) (Entered: 05/10/2011) |
| 807 | 2011-05-16.001 | OPPOSITION by USA to 805 MOTION. United States’ Memorandum in Opposition to Kaczynski’s Motion for Retention of Evidence (Shelledy, David) (Entered: 05/16/2011) |
| 808 | 2011-05-20.001 | ORDER signed by Judge Garland E. Burrell, Jr on 05/20/11 ORDERING that Kaczynski’s 805 Motion for Retention of Evidence is DENIED. (Benson, A.) |
| 2011-05-20.002 | SERVICE BY MAIL: 808 Order served on Theodore John Kaczynski (Benson, A.) | |
| 809 | 2011-05-23.001 | AMENDED ORDER DENYING 805 Kaczynski’s motion for retention of evidence, signed by Judge Garland E. Burrell, Jr., on 5/23/11. (Kastilahn, A) |
| 2011-05-23.002 | SERVICE BY MAIL: 809 Order served on Theodore John Kaczynski. (Kastilahn, A) | |
| 810 | 2011-07-18.001 | MEMORANDUM of USCA: The decision of the District Court is AFFIRMED. (Kaminski, H) (Entered: 07/19/2011) |
| 811 | 2011-07-25.001 | FINAL STATUS REPORT by USA as to Theodore John Kaczynski. (Shelledy, David) Modified on 7/26/2011 (Kaminski, H). (Entered: 07/25/2011) |
| 812 | 2011-07-26.001 | ORDER as to Theodore John Kaczynski signed by Judge Garland E. Burrell, Jr on 7/26/11: Counsel for the Named Victims are requested to file a written response to the government’s Final Status Report and a proposed order directing the distribution of the auction proceeds no later than August 1, 2011. The requested proposed order shall state the Named Victims’ suggested allocations of auction proceeds. (Kaminski, H) |
| 2011-07-26.002 | SERVICE BY MAIL: 812 Order, served on Theodore John Kaczynski. (Kaminski, H) | |
| 813 | 2011-08-01.001 | RESPONSE to Court’s 812 July 26, 2011 Order Seeking Their Views on the Government’s 811 “Final Status Report” by Gary B. Wright, Connie Murray, Susan Mosser, Charles Epstein as to Theodore John Kaczynski . (Attachments: # 1 Proposed Order)(Hirsch, Steven) (Entered: 08/01/2011) |
| 814 | 2011-08-02.001 | ORDER as to Theodore John Kaczynski, signed by Judge Garland E. Burrell, Jr., on 8/2/11, ORDERING that the Clerk shall, within three business days of the date on which this order is filed, distribute the auction proceeds, totaling $225,735.56, b y mailing checks to the Named Victims in the following amounts: To Susan Mosser: $ 185,177.23,To Connie Murray: $ 33,648.05, To Gary Wright: $ 3,545.47, and To Lois B. Epstein: $ 3,364.81. Counsel for the Named Victims sent the Clerk an email in which information is provided to the Clerk about making the referenced distributions, about which I became aware on 8/2/2011. The Clerk shall comply with the directives in that email when making the distributions. |
| 2011-08-02.002 | SERVICE BY MAIL: 814 Order served on Theodore John Kaczynski. (Kastilahn, A) | |
| 815 | 2011-08-10.001 | MANDATE of USCA as to 810 Order re 779 Notice of Appeal. (Benson, A.) (Entered: 08/10/2011) |
| 816 | 2016-11-08.001 | TRANSCRIPT REQUEST for proceedings held on 05/04/1998 before Judge Judge Garland E. Burrell, Jr. Court Reporter Cathie Bodene. (Jackson, T) (Entered: 11/08/2016) |
| 817 | 2016-11-09.001 | TRANSCRIPT REQUEST for proceedings held on 5/4/1998 before Judge Garland E. Burrell, Jr. Court Reporter Cathie Bodene. (Jackson, T) (Entered: 11/09/2016) |
Old Government Website
APPEAL REFER
U.S. District Court
EASTERN DISTRICT OF CALIFORNIA (Sacramento)
CRIMINAL DOCKET FOR CASE #: 96-CR-259-ALL
USA v. Kaczynski Filed: 06/18/96
Dkt# in other court: None
Case Assigned to: Judge Garland E Burrell
Case Referred to: Magistrate Judge Gregory G Hollows
THEODORE JOHN KACZYNSKI (1) Quin Denvir
aka [COR LD NTC pda]
FC Federal Defender
defendant 801 K Street
Suite 1024
Sacramento, CA 95814
916-498-5700
Judy Clarke
509 624–7606
[COR LD NTC pda]
Federal Defenders of Eastern
Washington and Idaho
Executive Director
Ten North Post
Suite 700
Spokane, WA 99201
Pending Counts: Disposition
18:844D.F TRANSPORTATION OF AN
EXPLOSIVE WITH INTENT TO
KILL OR INJURE
(1 — 2)
18:1716.F MAILING AN EXPLOSIVE
DEVICE WITH INTENT TO KILL
OR INJURE
(3)
18:924C.F USE OF A DESTRUCTIVE
DEVICE IN RELATION TO A
CRIME OF VIOLENCE
(4)
18:844(D) and 2(B)
TRANSPORTATION OF AN EXPLOSIVE
WITH INTENT TO KILL OR
INJURE
(5)
Proceedings include all events. APPEAL
2:96cr259-ALL USA v. Kaczynski REFER
18:1716.F MAILING AN EXPLOSIVE
DEVICE WITH INTENT TO KILL
OR INJURE
(6)
18:924C.F USE OF A DESTRUCTIVE
DEVICE IN RELATION TO A
CRIME OF VIOLENCE
(7)
18:844(D) and 2(B)
TRANSPORTATION OF AN EXPLOSIVE
WITH INTENT TO KILL OR
INJURE
(8)
18:1716.F MAILING AN EXPLOSIVE
DEVICE WITH INTENT TO KILL
OR INJURE
(9)
18:924C(1) USE OF A
DESTRUCTIVE DEVICE IN RELATION
TO A CRIME OF VIOLENCE
(10)
Offense Level (opening): 4
Terminated Counts:
NONE
Complaints:
NONE
U. S. Attorneys:
Robert Steven Lapham
[COR LD NTC]
United States Attorney
555 Capitol Mall
Suite 1550
Sacramento, CA 95814
916-554-2735
Proceedings include all events. APPEAL
2:96cr259-ALL USA v. Kaczynski REFER
| Doc No. | Date Filed | Description | URL |
| 1 | 6/18/96 | INDICTMENT by US Attorney Robert Steven Lapham Counts filed against Theodore John Kaczynski (1) count(s) 1–2, 3, 4, 5, 6, 7, 8, 9, 10 (vc) ## | web.archive.org |
| 2 | 6/18/96 | LETTER to court from counsel for plaintiff USA re: DFL and GEB were not involved with US Attorney’s Office (vc) ## | web.archive.org |
| 3 | 6/18/96 | ORDER by Honorable Lawrence K Karlton RECUSING himself pursuant to 28 USC 455(b)(1) as the judge to whom this case is assigned (dcap) ## | web.archive.org |
| 4 | 6/18/96 | LETTER from Chief Judge William B Shubb adressed to Clerk of the Court and Chief Deputy Clerk stating Edward J Garcia has recused himself from this matter (dcap) ## | web.archive.org |
| — | 6/18/96 | ARREST Warrant issued for Theodore John Kaczynski as ORDERED by Magistrate Judge John F. Moulds, bail set at NO BAIL (dcap) ## | |
| 5 | 6/24/96 | APPLICATION by defendant Theodore John Kaczynski appointing counsel FD Quin Denvir (vc) ## | web.archive.org |
| 6 | 6/25/96 | ORDER by Magistrate Judge Peter A. Nowinski: GRANTING Federal Public Defender’s ex parte application for appointment of counsel; dft shall be liable to reimburse the Criminal Justice Act appropriation for part of costs of representation pursuant to further order of the court upon final disposition of the proceedings; without prior approval of the court, dft shall not transfer or encumber any property and shall not incur new debt; the Federal Public Defender shall file the original affidavit forthwith; the office of the Federal Public Defender is APPOINTED to represent dft Theodore John Kaczynski (cc: all counsel) (vc) ## | web.archive.org |
| 7 | 6/25/96 | CJA Form 23 (Financial Affidavit) as to Theodore John Kaczynski (dcap) ## | web.archive.org |
| 8 | 6/25/96 | MINUTES before Magistrate Judge Peter A. Nowinski dft Theodore John Kaczynski arraigned; NOT GUILTY plea Attorney Quin Denvir present; attorneys Steve Lapham, Robert Cleary, and Stephen Freccero appearing on behalf of the Government; stipulation and order for excludable delay findings of unusual or complex case; status hearing SET for 9am on 7/19/96 at parties’ request for Theodore John Kaczynski; dft ordered to remain detained pursuant to Order of Detention issued in Montana C/R N/A (vc) ## | web.archive.org |
| 9 | 6/25/96 | TRANSCRIPT of June 25, 1996 on Arraignment before Magistrate Judge Peter A Nowinski by C/R Susan Vaughan (vc) ## | |
| 10 | 6/25/96 | ARREST Warrant returned executed as to defendant Theodore John Kaczynski defendant arrested on 6/19/96 (vc) ## | web.archive.org |
| 11 | 7/1/96 | RULE 40 Documents received from District of Montana case #MCV 96-6-H-CCL as to Theodore John Kaczynski (vc) ## | web.archive.org |
| 12 | 7/11/96 | APPLICATION by defendant Theodore John Kaczynski for appointment of second counsel [18 USC section 3005] (kb) ## | web.archive.org |
| — | 7/11/96 | LODGED (Proposed) Order appointing Judy Clarke as counsel by dft Theodore John Kaczynski (kb) ## | |
| 13 | 7/18/96 | ORDER by Judge Garland E. Burrell Judy Clarke, Executive Director of Federal Defenders of Eastern Washington and Idaho, is appointed as counsel for defendant Theodore Kaczynski pursuant to 18 USC 3005 (cc: all counsel) (kb) ## | web.archive.org |
| 14 | 7/18/96 | STATUS CONFERENCE REPORT by defendant Theodore John Kaczynski (kb) ## | web.archive.org |
| 15 | 7/18/96 | STATUS CONFERENCE REPORT by plaintiff USA (kb) ## | web.archive.org |
| 16 | 7/18/96 | ORDER by Judge Garland E. Burrell status hearing reset for 9:00 9/20/96 for Theodore John Kaczynski; the parties shall be prepared to advise the Court as to scheduling of pretrial motions; the parties shall file and serve joint or individual status conference reports no later than 9/13/96; excludable time T2 and T4 started 7/19/96 stopped 9/20/96 for Theodore John Kaczynski (cc: all counsel) (kb) ## | web.archive.org |
| — | 7/18/96 | LODGED [Proposed] Order to continue status conference to 9/20/96 by dft Theodore John Kaczynski (kb) ## | |
| — | 7/18/96 | LODGED Order declaring case complex and excluding time by pltf USA (kb) ## | |
| — | 7/18/96 | LODGED Document (Proposed) Order appointing Judy Clarke as counsel by dft Theodore John Kaczynski not to be signed (kb) ## | |
| — | 7/18/96 | LODGED Document [Proposed] Order to continue status conference to 9/20/96 by dft Theodore John Kaczynski not to be signed (kb) ## | |
| — | 7/18/96 | LODGED Document Order declaring case complex and excluding time by pltf USA not to be signed (kb) ## | |
| 17 | 9/6/96 | RELATED CASE ORDER by Judge Garland E. Burrell relating case 2:96cr259 with member case 2:96cv1574; the action denominated 2:96cv1574 is reassigned to Judge Garland E Burrell for all further proceedings and any dates currently set in this reassigned case only are hereby vacated; the parties are referred to the attached Order Setting Status (Pretrial Scheduing) Conference; henceforth, the caption on documents filed in the reassigned case shall be shown as 2:96cv1574 GEB JFM; the Clerk of the Court to make appropriate adjustment in the assignment of civil cases to compensate for this reassignment (cc: all counsel) (kb) ## | web.archive.org |
| 18 | 9/13/96 | Government’s SECOND STATUS REPORT (vc) ## | web.archive.org |
| 19 | 9/13/96 | STATUS CONFERENCE REPORT by defendant Theodore John Kaczynski (vc) ## | web.archive.org |
| — | 9/13/96 | LODGED proposed Order continuing status conference to 11/22/96 at 9am; excludable time under T2 and T4 by defendant Theodore John Kaczynski (vc) ## | |
| — | 9/18/96 | LODGED Document proposed Order continuing status conference to 11/22/96 NOT USED (vc) ## | |
| 20 | 9/19/96 | WAIVER of dft’s presence at the 9/20/96 status conference by defendant Theodore John Kaczynski (vc) ## | web.archive.org |
| 21 | 9/20/96 | MINUTES before Judge Garland E. Burrell; US attorneys Robert Cleary, Steve Lapham, Stephen Freccero and Bernard Hubley present; dft not present; waived appearance; present for the dft attorneys Quin Denvir and Judy Clark; status hearing held on 9/20/96; court will issue an order; C/R Susan Vaughan (kb) ## | web.archive.org |
| 22 | 9/20/96 | ORDER by Judge Garland E. Burrell: GRANTING request postponing the scheduling of pretrial motions and the trial date; excludables T2 & T4 started 9/20/96 to stop 11/22/96 for Theodore John Kaczynski; status hearing SET for 9am on 11/22/96 for Theodore John Kaczynski; parties shall be prepared to notify the court as to notice, motion and trial dates; parties to file and serve joint or individual status by 11/15/96; reports to set forth views of each party on anticipated motions with suggested briefing schedules and hearing dates and the scheduling of future procedures; parties to strive to avoid placing in the reports and discussing at the hearing information that could undermine the dft’s right to an impartial jury (cc: all counsel) (vc) ## | web.archive.org |
| 23 | 10/1/96 | TRANSCRIPT of status conference hearing on 9/20/96 by C/R Susan Vaughan (kb) ## | |
| 24 | 10/29/96 | CJA FORM 24 (Authorization and Voucher for Transcript Payment) for Theodore John Kaczynski (gk) ## | web.archive.org |
| 25 | 10/31/96 | MOTION to compel production of discovery relevant to challenging the cabin search by defendant Theodore John Kaczynski; hearing set for 10:00 11/18/96 to be hearing by Magistrate Judge John F. Moulds; memorandum of points and authorities in support of motion (kb) ## | web.archive.org |
| 26 | 11/8/96 | ORDER by Judge Garland E. Burrell for the purpose of continuity in the resolution of disputes brought before the magistrate judges in this case, and by random selection among the magistrate judges available to preside, this case is assigned to Magistrate Judge Gregory G. Hollows for all purposes for which criminal matters are normally referred to a magistrate judge, absent any retention of a particular matter by this court; all presently scheduled motions will be heard before the magistrate judge assigned by this order on the dates heretofore noticed (cc: all counsel) (kb) ## | web.archive.org |
| 27 | 11/12/96 | RESPONSE AND OPPOSITION by plaintiff USA to motion to compel production of discovery relevant to challenging the cabin search by defendant Theodore John Kaczynski [25–1] (vc) ## | web.archive.org |
| 29 | 11/15/96 | WAIVER of presence by defendant Theodore John Kaczynski for hearing on the motion to compel discovery currently scheduled for 11/18/96 at 10:00am (kb) ## | web.archive.org |
| 28 | 11/15/96 | THIRD STATUS REPORT by plaintiff USA (kb) ## | web.archive.org |
| 30 | 11/15/96 | STATUS CONFERENCE REPORT by defendant Theodore John Kaczynski (kb) ## | web.archive.org |
| 31 | 11/15/96 | REPLY by defendant Theodore John Kaczynski to government’s response to motion to compel production of discovery relevant to challenging the cabin search by defendant Theodore John Kaczynski [25–1] (kb) ## | web.archive.org |
| 32 | 11/18/96 | MINUTES before Magistrate Judge Gregory G. Hollows; Steve Lapham and Stephen Freccero present for the government; Quinn Denvir and Judy Clarke present for dft; dft not appearing-waiver; the court gave its tentative thoughts on the motion to compel production of discovery relevant to challenging the cabin search by defendant Theodore John Kaczynski [25–1] and stated the order would be issued by Friday of this week; C/R Susan Vaughan (kb) ## | web.archive.org |
| 33 | 11/19/96 | ORDER by Magistrate Judge Gregory G. Hollows: motion to compel production of discovery relevant to challenging the cabin search by defendant Theodore John Kaczynski [25–1] is DENIED insofar as it contests the non-disclosure of administrative logs; the court expects that the government will forthwith disclose all other information initially at issue in dft’s motion that it agreed to disclose (cc: all counsel) (vc) ## | web.archive.org |
| 34 | 11/22/96 | MINUTES before Judge Garland E. Burrell Robert Cleary, Steve Freccero, Bernie Hubley present for government; Quin Denvir, Judy Clarke present for dft; status hearing held on 11/22/96; trial confirmation hearing set for 9:00 8/22/97; jury trial set for 9:00 11/12/97 for Theodore John Kaczynski; dft’s motion to suppress filing date 3/3/97; government’s opposition 4/14/97; dft’s reply 4/28/97; oral argument 5/16/97 at 9:00am; government’s 404b motion filing date 3/3/97; dft’s opposition 4/14/97; government’s reply 4/28/97; hearing to be set at a later date; last filing date for other 12b motions except change of venue, discovery and motions in limine 6/2/97, oppositions due 7/14/97; replys 7/28/97; hearing 8/22/97; date for filing notices 6/2/97; dft’s motion for change of venue to be filed by 6/2/97; C/R Susan Vaughan (kb) ## | web.archive.org |
| 35 | 11/22/96 | ORDER by Judge Garland E Burrell ORDERING the parties are GRANTED until 11/29/96 to lodge a proposed order memorializing the dates set in this aciton at the 11/22/96 status conference (cc: all counsel) (dcap) ## | web.archive.org |
| — | 11/29/96 | LODGED PROPOSED SCHEDULING ORDER by plaintiff USA (kh) ## | |
| 36 | 11/29/96 | OPPOSITION by plaintiff USA in 2:96-cr-00259 to proposal to drop “a/k/a FC” from case caption (kb) ## | web.archive.org |
| 37 | 12/4/96 | ORDER by Judge Garland E. Burrell dft’s suppression motion and the government’s motion to admit evidence pursuant to Rule 404(b) shall be filed by 3/3/97; oppositions shall be filed by 4/14/97; reply briefs shall be filed by 4/28/97; argument on dft’s suppression motion is scheduled for 5/16/97 at 9:00am; if the parties agree that an evidentiary hearing is necessary, they shall propose a schedule for the evidentiary hearing by 5/2/97; if the parties cannot agree on this matter, the parties shall file briefs by 5/2/97 addressing the issue; all other Rule 12 motions and any notice required pursuant to Fed R Crim P 12.2 shall be filed by dft no later than 6/2/97; government’s opposition shall be filed by 7/14/97; dft’s reply shall be filed by 6/28/97; arguments for motions required to be filed by 6/2/97, will be heard on 8/22/97 at 9:00am; the parties are required to file trial confirmation statements no later than 8/8/97; trial confirmation hearing set for 9:00 8/22/97; jury trial set for 9:00 11/12/97 for Theodore John Kaczynski; excludable time T2 and T4 started 11/22/96 stopped 3/3/97 for Theodore John Kaczynski (cc: all counsel) (kb) ## | web.archive.org |
| — | 12/5/96 | LODGED Document Proposed scheduling order by pltf USA not to be signed (kb) ## | |
| 38 | 12/5/96 | RESPONSE by defendant Theodore John Kaczynski to Government’s Opposition to proposal to drop “aka FC” from case caption [36–1] (dcap) ## | web.archive.org |
| 39 | 12/19/96 | TRANSCRIPT of motion for discovery hearing on 11/18/96 by C/R Susan Vaughan (seal) ## | |
| 40 | 12/19/96 | TRANSCRIPT of status conference hearing on 11/22/96 by C/R Susan Vaughan (seal) ## | |
| 41 | 1/13/97 | CJA FORM 24 (Authorization and Voucher for Transcript Payment) for Theodore John Kaczynski (kb) ## | web.archive.org |
| — | 1/17/97 | LODGED Order on application to compel the production of handwriting exemplars by pltf USA (kb) ## | |
| 42 | 1/17/97 | APPLICATION by plaintiff USA to compel the production of handwriting exemplars (vc) ## | web.archive.org |
| — | 1/24/97 | LODGED Order submitted 1/17/97 not to be signed per Judge Gregory G Hollows’ instructions (vc) ## | |
| 43 | 1/24/97 | NOTICE of hearing by USA SETTING HEARING on Government’s application to compel the production of handwriting exemplars [42–1] for 9am on 2/13/97 before Judge Gregory G Hollows (vc) ## | web.archive.org |
| — | 1/29/97 | LODGED Document (gk) ## | |
| — | 2/3/97 | LODGED ORDER Stipulation and Order continuing hearing on motion to compel handwriting exemplars to 2/27/97 at 2:00pm by defendant Theodore John Kaczynski and plaintiff USA (dcap) ## | |
| 44 | 2/5/97 | STIPULATION and order by Magistrate Judge Gregory G. Hollows CONTIUING HEARING on application to compel production of handwriting exemplars [42–1] to 2pm on 2/27/97; dft’s resposne to the goverment’s application DUE 2/10/97; government’s reply to dft’s response DUE 2/18/97 (cc: all counsel) (vc) ## | web.archive.org |
| 45 | 2/10/97 | OPPOSITION by defendant Theodore John Kaczynski in 2:96-cr-00259 to government’s application for handwriting exemplars [42–1] (kb) ## | web.archive.org |
| 46 | 2/18/97 | REPLY by plaintiff USA to dft Kaczynski’s opposition [45–1] to the government’s application for handwriting exemplars [42–1] (kb) ## | web.archive.org |
| 47 | 2/21/97 | SUPPLEMENTAL RESPONSE by defendant Theodore John Kaczynski to the Government’s application for handwriting exemplars [42–1] (vc) ## | web.archive.org |
| 48 | 2/21/97 | WAIVER of defendant’s presence by Theodore John Kaczynski (vc) ## | web.archive.org |
| 49 | 2/27/97 | MINUTES before Magistrate Judge Gregory G. Hollows re government’s motion for handwriting exemplars [42–1]; after a lenghty discussion the court gives its tentative thoughts and takes the matter under SUBMISSION; C/R Dennis McKinnon (kb) ## | web.archive.org |
| 50 | 3/3/97 | TRANSCRIPT of motion for handwriting exemplars hearing on 2/27/97 by C/R Dennis F. McKinnon (kb) ## | |
| 51 | 3/3/97 | NOTICE OF MOTION AND MOTION to suppress statements by defendant Theodore John Kaczynski; hearing set for 9:00 5/16/97 before Judge Garland E. Burrell (kb) ## | web.archive.org |
| 52 | 3/3/97 | NOTICE OF MOTION AND MOTION to suppress evidence by defendant Theodore John Kaczynski and memorandum of points and authorities in support of motion to suppress; hearing set for 9:00 5/16/97 before Judge Garland E. Burrell (kb) ## | web.archive.org |
| 53 | 3/3/97 | DECLARATIONS AND APPENDICES in support of defendant’s motion to suppress [52–1] (kb) ## | web.archive.org |
| 54 | 3/5/97 | ORDER by Magistrate Judge Gregory G. Hollows dft’s stipulation concerning his authorship of the letters and other material as set forth in the order is accepted; within 5 days from the filed date of this order, dft shall file the document referenced as Exhibit A to the stipulation proffered to the government prior to the hearing; the government shall subpoena dft’s handwriting exemplars pursuant to FRCP 17(c) as an alternative basis for the order permitting dft’s handwriting and handprinting exemplars under the All Writs Act; the handwriting exemplars will be taken in the Sacramento County Jail within 30 days of the filed date of this order; the exemplars will be taken by the government’s expert or attorney presenting typed, case specific phrases/sentences/paragraphs to dft, and dft is directed to reproduce that typed material on government issued paper and with government issued writing implements in his own, undisguised handwriting or handprinting as requested; dft may have an expert present for observational purposes during the exemplar sessions; no videotaping of the exemplar sessions shall be conducted without permission of the court; dft is entitled to a copy of the exemplars created by dft; unless and until there is a need to file or introduce the exemplars in court, neither the government nor the defense shall publicly disseminate the exemplars, or cause or otherwise permit the exemplars to be publicly disseminated (cc: all counsel) (kb) ## | web.archive.org |
| 55 | 3/10/97 | ERRATA by defendant Theodore John Kaczynski to defendant’s memorandum of points and authorities in support of motion to suppress and appendix I thereto [53–1] (kb) ## | web.archive.org |
| 56 | 3/12/97 | STIPULATION and order by Magistrate Judge Gregory G. Hollows: pursuant to Local Rule 303 dft’s time to file a request for reconsideration by the District Court of the Magistrate Judge’s 3/5/97 order shall be EXTENDED to 3/19/97; pltf’s time for filing its opposition to such request for reconsideration is EXTENDED to 4/2/97; dft’s reply to the opposition, if any, DUE 4/7/97; oral argument on the request for reconsideration shall be in courtroom of Judge Garland E Burrell on 4/11/97 at 9am; dfts’ stipulation re: his handwriting exemplars shall be delivered to pltf’s counsel by 3/21/97; the order filed 3/5/97 is otherwise STAYED pending the disposition of dft’s request for reconsideration (cc: all counsel) (vc) ## | web.archive.org |
| 57 | 3/13/97 | CJA FORM 24 (Authorization and Voucher for Transcript Payment) for Theodore John Kaczynski (kb) ## | web.archive.org |
| 58 | 3/14/97 | MOTION to compel production of discovery relevant to defendant’s motion to suppress by defendant Theodore John Kaczynski hearing set for 10:30am on 4/1/97 before Judge Gregory G Hollows (vc) ## | web.archive.org |
| 59 | 3/14/97 | MEMORANDUM by defendant Theodore John Kaczynski in support of defendant’s motion for discovery relevant to defendant’s motion to suppress [58–1] (vc) ## | web.archive.org |
| 60 | 3/19/97 | REQUEST by defendant Theodore John Kaczynski to reconsider the magistrate judge’s order compelling handwriting exemplars; hearing set before Judge Garland E Burrell on 4/11/97 at 9am (vc) ## | web.archive.org |
| 61 | 3/19/97 | DECLARATION of Terrence H Pascoe in support of request for reconsideration of magistrate judge’s order compelling handwriting exemplars [60–1] (vc) ## | web.archive.org |
| 62 | 3/25/97 | RESPONSE AND OPPOSITION by plaintiff USA to defendant’s motion to compel production of discovery relevant to challenging the cabin search [58–1] (vc) ## | web.archive.org |
| 63 | 3/28/97 | REPLY by defendant Theodore John Kaczynski to government’s opposiiton to motion to compel production of discovery relevant to defendant’s motion to suppress by defendant Theodore John Kaczynski [58–1] (kb) ## | web.archive.org |
| 64 | 3/31/97 | WAIVER of defendant Theodore John Kaczynski presence in person in open court at the hearing on dft’s motion to compel production of discovery relevant to dft’s motion to suppress, currently scheduled for 4/1/97 at 10:30am (kb) ## | web.archive.org |
| 67 | 4/1/97 | MINUTES before Magistrate Judge Gregory G. Hollows re motion to compel production of discovery relevant to defendant’s motion to suppress by defendant Theodore John Kaczynski [58–1]; the motion is taken under SUBMISSION and the court will issue an order C/R Susan Vaughn (vc) ## | web.archive.org |
| 65 | 4/2/97 | ORDER by Magistrate Judge Gregory G. Hollows motion to compel production of discovery relevant to defendant’s motion to suppress by defendant Theodore John Kaczynski [58–1] GRANTED in part and DENIED in part; dft’s requests to review essentially all documents connectied with the Unabom investigation that lead to the obtaining of search warrant, based on asserted Franks deficiencies, is DENIED; however, the government shall preserve the documents responsive to dft’s requests; dft’s request to have the United States disclose documents in specific categorical areas is GRANTED in part; the United States shall submit the previously identified documents in specific categories for in camera review; the submission of documents shall be accompanied with a log of documents submitted; the documents and log shall be submitted to the court for in camera review, no later than close of business 4/9/97; the log shall be served upon dft; the United States shall refrain from using the letters “FC” in the caption of this case, and shall take affirmative steps to modify their boilerplate caption to delete these letters (cc: all counsel) (kb) ## | web.archive.org |
| 66 | 4/2/97 | OPPOSITION by plaintiff USA to motion to reconsider magistrate judge’s order re handwriting exemplars [60–1] (kb) ## | web.archive.org |
| 68 | 4/4/97 | TRANSCRIPT of April 1, 1997 hearing on Defendant’s Motion for Discovery before Magistrate Judge Gregory G Hollows by C/R Susan Vaughan (vc) ## | web.archive.org |
| 69 | 4/7/97 | REPLY by defendant Theodore John Kaczynski to government’s opposition [66–1] to the request to reconsider the Magistrate Judge’s order compelling handwriting exemplars [60–1] (dcap) ## | web.archive.org |
| 70 | 4/9/97 | REQUEST by defendant Theodore John Kaczynski for reconsideration by the district court of magistrate judge’s ruling order filed 4/2/97 [65–1] (vc) ## | web.archive.org |
| 71 | 4/10/97 | WAIVER of Appearance by defendant Theodore John Kaczynski (vc) ## | web.archive.org |
| 72 | 4/11/97 | MINUTES before Judge Garland E. Burrell: on defendant’s request to reconsider magistrate ruling regarding handwriting exemplars [70–1]; matter is SUBMITTED and the court will prepare an order C/R Susan Vaughan (vc) ## | web.archive.org |
| 73 | 4/14/97 | OPPOSITION by plaintiff USA to motion to defendant’s motion to suppress (dcap) ## | web.archive.org |
| 74 | 4/14/97 | EXHIBITS by plaintiff USA to OPPOSITION [73–1] to defendant’s motion to supress (dcap) ## | web.archive.org |
| 75 | 4/16/97 | ORDER by Judge Garland E. Burrell for the reasons stated in the order the Magistrate Judge’s Order compelling the production of case-spacific handwriting exemplars [54–1] is AFFIRMED (cc: all counsel) (kb) ## | web.archive.org |
| — | 4/16/97 | LODGED Stipulation and order for continuance of hearing on the request to reconsider magistrate judge’s ruling on dft’s motion to compel discovery to 5/9/97 at 9:00am by dft Theodore John Kaczynski (kb) ## | |
| 76 | 4/17/97 | STIPULATION and order by Judge Garland E. Burrell: request to reconsider magistrate judge’s ruling on dft’s motion to compel discovery by dft Theodore John Kaczynski [70–1] HEARING SET FOR 9:00 5/9/97; government’s response DUE 4/23/97; dft’s reply DUE 4/30/97 (cc: all counsel) (vc) ## | web.archive.org |
| 77 | 4/18/97 | WAIVER of defendant’s presence at the hearing currently set for 4/24/97 at 3:00pm by defendant Theodore John Kaczynski (kb) ## | web.archive.org |
| 78 | 4/18/97 | ORDER by Judge Garland E. Burrell: telephonic in-chambers conference HELD 4/18/97 regarding impasse on Government’s 404(b) motion; hearing SCHEDULED for 3pm on 4/24/97 to provide parties, the public, and the media an opportunity to submit their views concerning whether the 404(b) documents and the hearing on the 404(b) motion should be sealed; at the hearing the parties, the public, and the media may address whether the Court should conduct an in camera review of the documents filed by the parties in connection with the government’s 404(b) motion, and whether these documents and any subsequent hearing involving this motion should be sealed; further, any interested party may file a written memorandum prior to the hearing; the Clerk is DIRECTED to enter this order on the docket no later than 5:00pm on 4/18/97 (cc: all counsel) (vc) ## | web.archive.org |
| 79 | 4/21/97 | ORDER by Judge Garland E. Burrell the Clerk is directed to post copies of the attached Notice of Hearing in places conspicuous to the public by 3:00pm on 4/21/97 (cc: all counsel) (kb) ## | web.archive.org |
| — | 4/21/97 | LODGED [proposed] Stipulation and Order re: case schedule by defendant Theodore John Kaczynski, plaintiff USA (vc) ## | |
| 81 | 4/21/97 | CJA FORM 24 (Authorization and Voucher for Transcript Payment) for Theodore John Kaczynski (vc) ## | web.archive.org |
| 80 | 4/22/97 | ORDER by Judge Garland E. Burrell the Court’s order filed on 12/4/96 [37–2] shall be amended as follows: dft’s reply to the government’s opposition to the suppression motion shall be filed and served no later than 5/12/97; the parties briefs regarding the need for an evidentiary hearing in connection with the suppression motion shall be filed and served by 5/16/97; the hearing on the suppression motion [52–1] and [51–1] shall be held on 5/23/97 at 1:30; at that time the court will also address the procedure for handeling any change of venue motion; all other Rule 12 motions and any notice required pursuant to FRCP 12.2 shall be filed by dft no later than 6/16/97; the government’s opposition to motion shall be filed by 7/21/97; dft’s reply shall be filed by 8/4/97; arguments on the motions shall remain as scheduled on 8/27/97 at 9:00; the trial shall remain as scheduled to commence at 9:00 11/12/97 for Theodore John Kaczynski (cc: all counsel) (kb) ## | web.archive.org |
| 82 | 4/23/97 | ORDER by Magistrate Judge Gregory G. Hollows: (telephonic in chambers conference HELD on 4/21/97) at the request of the undersigned in order to assist the court’s review of the documents submitted by the government pursuant to the 4/2/97 order [65–1] for in camera review for possible Brady implications relevant to defendant’s motion to suppress, and in order to preserve the government’s work product and/or Jencks privileges, the court DIRECTS that defense counsel assist the court in its review of documents submitted by the government, subject to the following conditions; document review will remain confidential to be conducted at the court commencing on 4/28/97 and subject to extremely strict memoralization conditions; the ONLY purpose of memoralization is for the defense to bring to the attention of the court specific documents that the defense believes are subject to Brady disclosure; NO OTHER REFERENCE TO OR USE OF INFORMATION LEARNED FROM ANY DOCUMENT NOT ULTIMATELY ORDERED PRODUCED MAY BE MADE BY THE DEFENSE; the defense is prohibited from making any other memorializations, either written, copied, tape recorded, or electronically produced; no document or memorialization may leave the court without court permission; the defense {via use at the court of a laptop and floppy discs} will be required to justify, in writing, from a Brady standpoint, the release of each document hat they believe to be Brady material; the court will finally determine whether any document so identifies is subject to Brady disclosure; the court will retain the floppy discs and cause the information on the laptop’s hard disc to be erased, or otherwise issue a protective order; the government will not necessarily be given an opportunity to respond prior to the court’s entry of an order following completion of the in camera review; neither party had objections to the procedure as stated herein; in the event any documents are directed to be produces, the court will take steps to protect the identity of other suspects, as well as other persons identified in any document submitted for review (cc: all counsel) (vc) ## | web.archive.org |
| 83 | 4/23/97 | OPPOSITION by plaintiff USA to defendant’s moton for reconsideration of order denying motion to compel production of discovery relevant to challenging the cabin search [70–1] (vc) ## | web.archive.org |
| 84 | 4/24/97 | REQUEST to return 404(b) motion to government counsel by defendant Theodore John Kaczynski, or alternatively to seal motion pending protective measures hearing set for 3pm on 4/24/97 before Judge Garland E Burrell (vc) ## | web.archive.org |
| 85 | 4/24/97 | MINUTES before Judge Garland E. Burrell re motion to close 404(b) proceedings [84–1]; governments brief re timing of filing 404(b) motion to be filed 5/8/97; dfts brief to be filed 5/15/97; hearing 5/23/97 at 1:30; C/R Susan Vaughan (kb) ## | web.archive.org |
| 86 | 4/24/97 | BRIEF on public access to court records regarding Order [78–2] from The Associated Press, The Sacramento Bee, The Los Angeles Times, The San Francisco Examiner, The San Francisco Chronicle, KCRA and KXTV (kb) ## | web.archive.org |
| 87 | 4/25/97 | ORDER by Judge Garland E. Burrell the briefing schedule for the government’s motion under Federal Rule of Evidence 404(b) as set in order [37–2] is VACATED; dft has shown in his request file on 4/24/97 that there is serious need for further consideration of the 404(b) issue; because of the compelling concerns expressed in the objection the merits of the objection will be argued on 5/23/97; accordingly the government’s opposition to dft’s request shall be filed by 5/8/97 and dft’s reply if any shall be filed by 5/15/97 (cc: all counsel) (kb) ## | web.archive.org |
| 88 | 4/30/97 | REPLY by defendant Theodore John Kaczynski to the government’s opposition [83–1] to dft’s request for reconsideration of order denying motion to compel production of discovery [70–1] (kb) ## | web.archive.org |
| 89 | 5/6/97 | ORDER by Magistrate Judge Gregory G. Hollows the United States will produce the documents ordered to be produced by this order no later than 5/14/97; the United States may obtain the documents given to the court for the court’s review at the convenience of counsel; Magistrate Judge Gregory G. Hollows will maintain the disc on which defense counsel made their position on various documents known to the court; the defense may retain the printed copy of its position to use as counsel see fit in this prosecution; the document shall not be publicly disseminated except in connection with a filing in court; the United States shall not destroy any of the Comparative Analysis documents, or documents referenced therein, unless and until the court orders otherwise (cc: all counsel) (kb) ## | web.archive.org |
| 90 | 5/7/97 | WAIVER of defendant’s presence at the hearing on the request for reconsideration of the magistrate’s court order denying the defendant’s motion to compel discovery relevant to challenging the cabin search, set for 5/9/97 at 1:30pm by defendant Theodore John Kaczynski (dcap) ## | web.archive.org |
| 91 | 5/8/97 | RESPONSE by plaintiff USA to motion to return 404(b) motion to government counsel [84–1] or alternatively to seal motion [84–2] by dft Theodore John Kaczynski (kb) ## | web.archive.org |
| 92 | 5/8/97 | TRANSCRIPT of April 24, 1997 hearing on Status Conference Re: 404(b) Motion by C/R Susan Vaughan (dcap) ## | |
| 93 | 5/9/97 | MINUTES before Judge Garland E. Burrell re dft’s motion to reconsider magistrates order denying motion to compel discovery [70–1]-Court will prepare order; C/R Susan Vaughan (kb) ## | web.archive.org |
| 94 | 5/12/97 | REPLY by defendant Theodore John Kaczynski to government’s opposition to the motion to suppress [52–1] and [51–1]; and ... (kb) ## | web.archive.org |
| 94 | 5/12/97 | ...MOTION to strike by defendant Theodore John Kaczynski (no hearing date) (kb) ## | web.archive.org |
| 95 | 5/14/97 | TRANSCRIPT of motion to reconsider the magistrate judge’s order to produce handwriting exemplars hearing on 4/11/97 by C/R Susan Vaughan (kb) ## | |
| 96 | 5/14/97 | TRANSCRIPT of motion to reconsider magistrate judge’s order denying motion to compel discovery hearing on 5/9/97 by C/R Susan Vaughan (kb) ## | |
| 97 | 5/15/97 | NOTICE by plaintiff USA regarding intention to seek the death penalty (rgd) ## | web.archive.org |
| 98 | 5/15/97 | REPLY by defendant Theodore John Kaczynski re: Timing of the Government’s Fed R Evid 404(b) motion [84–1] [84–2] (rgd) ## | web.archive.org |
| 99 | 5/16/97 | MEMORANDUM by defendant Theodore John Kaczynski in support of request for evidentiary hearing {Franks v Delaware} hearing set for 5/23/97 at 1:30pm before Judge Burrell (seal) ## | web.archive.org |
| 100 | 5/16/97 | BRIEF OPPOSING an evidentiary hearing on dfts motion to suppress by plaintiff USA (dmb) ## | web.archive.org |
| — | 5/16/97 | LODGED ORDER Stipulation & Order for extention of time to furnish handwriting exemplars by plaintiff USA (dmb) ## | |
| 101 | 5/16/97 | NOTICE: SUBMISSION OF DOCUMENTS RELATING TO MOTION TO SUPPRESS by defendant Theodore John Kaczynski [73–1] (rgd) ## | web.archive.org |
| 102 | 5/19/97 | STIPULATION and order by Judge Garland E. Burrell: defendant GRANTED an additional two weeks, up to and including 5/30/97, to comply with the order directing production of handwriting exemplars (cc: all counsel) (vc) ## | web.archive.org |
| 103 | 5/20/97 | OPPOSITION by plaintiff USA to motion to strike by defendant Theodore John Kaczynski [94–1] (kb) ## | web.archive.org |
| 104 | 5/20/97 | LETTER dated 12/9/96 from United States Attorneys Office to Mr J. Douglas Wilson are appointment as Special Attorney to the US Attorney General pursuant to 28 USC 515 (kb) ## | web.archive.org |
| 105 | 5/22/97 | SUPPLEMENTAL EXHIBIT by defendant Theodore John Kaczynski in support of motion to suppress evidence [52–1] (vc) ## | web.archive.org |
| 106 | 5/22/97 | REPLY by defendant Theodore John Kaczynski to the opposition to motion to strike by defendant Theodore John Kaczynski (vc) ## | web.archive.org |
| — | 5/23/97 | LODGED STIPULATION AND ORDER re: defendant’s motion to suppress statements by defendant Theodore John Kaczynski, plaintiff USA (vc) ## | |
| 107 | 5/23/97 | MINUTES before Judge Garland E. Burrell motions to suppress by defendant Theodore John Kaczynski [51–1] and [52–1] SUBMITTED; court will prepare order; C/R Susan Vaughan (kb) ## | web.archive.org |
| 108 | 5/27/97 | ORDER by Judge Garland E. Burrell dft’s motion to suppress statements [51–1] is hereby DENIED as MOOT; dft has reserved his right to challenge the admission of statements made by him during and after his detention by law enforcement officers on 4/3/96 in the event they are offered at trial (cc: all counsel) (kb) ## | web.archive.org |
| 109 | 5/28/97 | ORDER by Judge Garland E. Burrell: re: motion to return 404(b) motion to government counsel by defendant Theodore John Kaczynski [84–1] and motion to seal motion pending protective measures [84–2]; government’s 404(b) motion DUE 6/9/97; Kaczynski’s opposition DUE 6/23/97; government’s reply brief, if any, DUE 6/30/97; hearing on government’s 404(b) motion is scheduled for 7/11/97 at 1:30pm; ESTABLISHING procedures for sensitive documents submitted by counsel; parties DIRECTED to meet and confer over Kaczynski’s contention that the government’s previously submitted 404(b) motion contains unnecessary content should be deleted; the meeting should occur as soon as feasible but well in advance of 6/9/97 (cc: all counsel) (vc) ## | web.archive.org |
| 110 | 5/30/97 | CJA FORM 24 (Authorization and Voucher for Transcript Payment) for Theodore John Kaczynski (vc) ## | web.archive.org |
| 111 | 6/5/97 | LETTER addressed to Mr Lapham re: Lapham’s extension of appointment as Special Attorney (vc) ## | web.archive.org |
| 112 | 6/5/97 | LETTER addressed to Mr Cleary re: extension to Cleary’s appointment as Special Attorney (vc) ## | web.archive.org |
| 113 | 6/5/97 | LETTER addressed to Mr Freccero re: extension of Freccero’s appointment as Special Attorey (vc) ## | web.archive.org |
| 114 | 6/5/97 | LETTER addressed to Mr Hubley re: extension of Hubley’s appointment as Special Attorney (vc) ## | web.archive.org |
| 115 | 6/5/97 | LETTER addressed to Mr Wilson re: extension of Mr Wilson’s appointment as Special Attorney (vc) ## | web.archive.org |
| 116 | 6/6/97 | LETTER addressed to Mr Hubley re: extension to Hubley’s appointment as Special Attorney (vc) ## | web.archive.org |
| 117 | 6/6/97 | LETTER addressed to Mr Cleary re: extension to Cleary’s appointment as Special Attorney until 6/10/98 (vc) ## | web.archive.org |
| 118 | 6/9/97 | {REDACTED} MOTION in limine for admission of evidence under FREvid 404(B) by USA as to Theodore John Kaczynski hearing set for 1:30pm on 7/11/97 before Judge Garland E Burrell (vc) ## | web.archive.org |
| 119 | 6/9/97 | MOTION for in camera review and sealing of un-redacted 404(b) motion and exhibit B by defendant Theodore John Kaczynski hearing set for 10am on 6/16/97 before Judge Garland E Burrell (vc) ## | web.archive.org |
| 120 | 6/9/97 | STIPULATION re: in camera review and sealing of unredacted 404(b) motion and exhibit B (vc) ## | web.archive.org |
| — | 6/9/97 | LODGED proposed Findings and Order re: in camera review and sealing of un-redacted 404(b) motion and exhibit B by defendant Theodore John Kaczynski (vc) ## | |
| 121 | 6/10/97 | ORDER by Judge Garland E. Burrell: re motion for in camera review and sealing of un-redacted 404(b) motion and exhibit B by defendant Theodore John Kaczynski [119–1] — in the absence of an objection by the public or the media the Court will consider the subject materials in camera; however if an objection to the proposed in camera review is filed by 1pm on 6/13/97 then public hearing SET for 10am on 6/16/97 for Theodore John Kaczynski; if no objection is filed or the objection filed is insufficient to prevent in camera review the government will be directed to file its unredacted 404(b) brief and Exhibt B under seal; if after conducting the in camera review the Court determines that continued sealing is warranted as to some or all of the submitted materials a hearing will be scheduled to permit the public and the media an opportunity to object; Clerk of the Court is required to provide the public notice of the 6/16/97 hearing by posting a calendar no later than 9am on 6/13/97 and continuously post such notice until the hearing occurs or is vacated (cc: all counsel) (vc) ## | web.archive.org |
| 122 | 6/13/97 | NEWS MEDIA’S OBJECTIONS to in camera hearing by Associated Press, Sacramento Bee, Los Angeles Times, San Francisco Examiner, San Francisco Chronicle, KCRA and KXTV (dcap) ## | web.archive.org |
| 123 | 6/13/97 | WAIVER of defendant’s presence at 6/16/97 hearing by defendant Theodore John Kaczynski (dcap) ## | web.archive.org |
| — | 6/13/97 | LODGED [proposed] Stipulation and Order extending deadline to 6/23/97 for Rule 12.2 notice by defendant Theodore John Kaczynski, plaintiff USA (vc) ## | |
| 124 | 6/16/97 | MINUTES before Judge Garland E. Burrell in-court hearing held on 6/16/97; motion for in camera review and sealing of un-redacted 404(b) motion and exhibit B by defendant Theodore John Kaczynski [119–1] ordered SUBMITTED; court will prepare an order; C/R Susan Vaughan (kb) ## | web.archive.org |
| 125 | 6/16/97 | STIPULATION and order by Judge Garland E. Burrell the time for filing any notice required pursuant to Federal Rules of Criminal Procedure, Rule 12.2 shall be extended to 6/23/97; all other dates shall remain as previously ordered (kb) ## | web.archive.org |
| — | 6/23/97 | LODGED [Proposed] Stipulation and order to continue time for filing any notice required purusant to FRCrP, Rule 12.2 to 6/30/97 by dft Theodore John Kaczynski (kb) ## | |
| 126 | 6/23/97 | ORDER by Judge Garland E. Burrell VACATING briefing schedule VACATING July 11, 1997 hearing date; finding motion for in camera review of redacted 404(b) material by defendant Theodore John Kaczynski [119–1] MOOT since filings on the 404(b) motions are unnecessary until it is determined how the issues will be handled at trial (cc: all counsel) (rgd) ## | web.archive.org |
| 127 | 6/24/97 | STIPULATION and ORDER by Judge Garland E Burrell ORDERING the time for filing any notice required purusant to FRCrP, Rule 12.2 is EXTENDED to 6/30/97, all other dates shall remain as previously ordered (cc: all counsel) (kh) ## | web.archive.org |
| 128 | 6/24/97 | NOTICE by defendant Theodore John Kaczynski of intent to introduce expert testimony pursuant to Fed R Crim P 12.2(b) (kb) ## | web.archive.org |
| 129 | 6/27/97 | ORDER by Judge Garland E Burrell ORDERING: for the reasons stated in the Magistrate Judge’s order filed 4/2/97 & in light of this court’s ruling on Kaczynski’s motion to suppress filed concurrently with this order his motion for reconsideration is DENIED (cc: all counsel) (dmb) ## | web.archive.org |
| 130 | 6/27/97 | ORDER by Judge Garland E Burrell ORDERING: although Kaczynski asserted numerous arguments to undermine the probable cause finding reading the detailed affidavit in a non-technical common sense & realistic manner evinces that it provided a substantial basis for concluding there was a fair probability that...evidence of a crime would be found in dfts home; further Kaczynski has not demonstrated that a Franks hearing is warranted; even though he made a substantial preliminary showing that the affidavit contained intentional & reckless false statements & omissions he failed to demonstrate that these falsities & omissions considered cumulatively were necessary to the finding of probable cause; ACCORDINGLY Kaczynski’s motion to suppress or alternatively for a franks hearing is DENIED (cc: all counsel) (dmb) ## | web.archive.org |
| 131 | 6/30/97 | MOTION for reconsideration of the Court’s 6/23/97 Order [126–1] by USA as to Theodore John Kaczynski (no hearing date set) (kb) ## | web.archive.org |
| 132 | 7/3/97 | NOTICE OF MOTION AND MOTION to preclude use of dft’s private diaries by defendant Theodore John Kaczynski hearing set for 9:00 8/22/97 before Judge Garland E. Burrell (kb) ## | web.archive.org |
| 133 | 7/9/97 | OPPOSITION by defendant Theodore John Kaczynski to motion for reconsideration of the Court’s 6/23/97 Order [126–1] re: Rule 404(b) evidendce by USA [131–1] (kb) ## | web.archive.org |
| 134 | 7/11/97 | REPLY BRIEF by plaintiff USA in support of its motion for reconsideration [131–1] (kb) ## | web.archive.org |
| 135 | 7/11/97 | NOTICE OF MOTION AND SUPPLEMENTAL MOTION to suppress evidence by defendant Theodore John Kaczynski; hearing set for 9:00 8/22/97 before Judge Garland E. Burrell (kb) ## | web.archive.org |
| — | 7/11/97 | LODGED Application for leave to file supplemental motion to suppress evidence by dft Theodore John Kaczynski (kb) ## | |
| 136 | 7/14/97 | EXHIBIT A to supplemental motion to suppress evidence by defendant Theodore John Kaczynski [135–1] (kb) ## | web.archive.org |
| 137 | 7/14/97 | OPPOSITION by plaintiff USA to defendant’s application to file an untimely motion to supress (kh) ## | web.archive.org |
| 138 | 7/15/97 | GOVERMENT’S BRIEF by plaintiff USA OPPOSING defendant’s motion to preclude use of private diaries [132–1] (ch1) ## | web.archive.org |
| 139 | 7/16/97 | REPLY by defendant Theodore John Kaczynski to government’s opposition to application to file a supplemental motion to suppress evidence by defendant Theodore John Kaczynski [135–1] (kb) ## | web.archive.org |
| 140 | 7/16/97 | REPORTER’S TRANSCRIPT of May 23, 1997 hearing on defendant’s motion to supress by C/R Susan Vaughn (kh) ## | |
| 141 | 7/17/97 | MOTION for protective order by USA as to Theodore John Kaczynski (dd) ## | web.archive.org |
| — | 7/17/97 | LODGED protective order by plaintiff USA (dd) ## | |
| 142 | 7/21/97 | REPLY by defendant Theodore John Kaczynski to government’s opposition to motion to preclude use of dft’s private diaries by Theodore John Kaczynski [132–1] (kb) ## | web.archive.org |
| 143 | 7/22/97 | ORDER by Judge Garland E. Burrell the government has moved for a protective order [141–1] concerning its production of certain specified documents to the dft; the dft has consented to the terms and conditions proposed by the government; accordingly with respect to the documents identified in the government’s motion for a protective order [141–1] it is ORDERED that access to the information disclosed in the documents will only be provided to those attorneys, investigators and support staff directly involved in the defense of this federal prosecution of Theodore J Kaczynski in the District of New Jersey (see order for further detail for this protective order)(cc: all counsel) (kb) ## | web.archive.org |
| 144 | 7/24/97 | ORDER by Judge Garland E Burrell ORDERING the goverment’s motion for reconsideration of the Court’s 6/23/97 Order [126–1] deferring ruling on the admissibility of Rule 404(b) evidentiary matters until trial (motion 136–1) is DENIED (cc: all counsel) (kh) ## | web.archive.org |
| 145 | 7/28/97 | ORDER by Judge Garland E. Burrell ORDERING defendant Kaczynski’s Application for leave to file supplemental motion to suppress evidence is GRANTED, the motion is deemed filed 7/11/97, government’s opposition shall be filed and personally served no later than 8/11/97, Kaczynski’s reply shall be filed no later than 8/15/97, the matter will then be submitted on the briefs; the motion to preclude use of dft’s private diaries by defendant Theodore John Kaczynski [132–1] is DENIED (cc: all counsel) (kh) ## | web.archive.org |
| 146 | 7/30/97 | MOTION for more specific notice under Fed R Crim P 12.2(b) and for mental examination of dft by the government’s expert by USA (no hearing date set) (kb) ## | web.archive.org |
| 147 | 7/30/97 | CJA FORM 24 (Authorization and Voucher for Transcript Payment) for Theodore John Kaczynski (ndd) ## | web.archive.org |
| 149 | 7/31/97 | MINUTES before Judge Garland E Burrell re motion for more specific notice under Fed R Crim P 12.2(b) [146–1], and motion and for mental examination of dft by the government’s expert by USA [146–2]; opposition due by 8/20/97, rply by 8/25/97, motion set for 9/2/97; date for filing trial confirmation extended to 8/13/97 C/R Susan Vaughn (kh) ## | web.archive.org |
| 148 | 8/1/97 | ORDER by Judge Garland E. Burrell after telephonic hearing to estabilsh a briefing schedule for the Government’s motion filed 7/30/97 [146–1] the parties agreed to meet and confer on the motion to determine if it could be resolved wihtout litigation; the parites agreed to the following briefing schedule in the event their attempts to amicably resolve the motion are not fruitful: dft’s opposition brief shall be filed and personally served by 8/20/97; the Government’s reply brief shall be filed and personally served by 8/25/97; the hearing is scheduled for 9/2/97 at 1:00pm; dft’s further request that the date for filing trial confirmation statements be moved to 8/13/97 is GRANTED (cc: all counsel) (kb) ## | web.archive.org |
| 150 | 8/5/97 | TRANSCRIPT of motion for in camera review hearing on 6/16/97 by C/R Susan Vaughan (kb) ## | |
| 151 | 8/5/97 | TRANSCRIPT of telephonic conference hearing on 7/28/97 by C/R Susan Vaughan (kb) ## | |
| 152 | 8/5/97 | TRANSCRIPT of telephonic conference hearing on 7/31/97 by C/R Susan Vaughan (kb) ## | |
| 153 | 8/7/97 | NOTICE of hearing from the court trial confirmation hearing set for 9:00am on 8/22/97 has been changed to 1:30pm on 8/22/97 for Theodore John Kaczynski (kb) ## | web.archive.org |
| 154 | 8/11/97 | OPPOSITION by plaintiff USA to supplemental motion to suppress evidence by defendant Theodore John Kaczynski [135–1] (kb) ## | web.archive.org |
| 155 | 8/13/97 | TRIAL CONFIRMATION STATEMENT by plaintiff USA (kb) ## | web.archive.org |
| 156 | 8/13/97 | TRIAL CONFIRMATION HEARING STATUS REPORT by defendant Theodore John Kaczynski (kb) ## | web.archive.org |
| 157 | 8/13/97 | NOTICE OF MOTION AND MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION regarding jury selection procedures by defendant Theodore John Kaczynski hearing set for 1:00 9/2/97 before Judge Garland E. Burrell (kb) ## | web.archive.org |
| 158 | 8/13/97 | DECLARATIONS AND APPENDICES in support of dft’s motion for special jury selection procedures [157–1] (Vol 1 of 5) (kb) ## | web.archive.org |
| 159 | 8/13/97 | DECLARATIONS AND APPENDICES in support of dft’s motion for special jury selection procedures [157–1] (Vol 2 of 5) (kb) ## | web.archive.org |
| 160 | 8/13/97 | DECLARATIONS AND APPENDICES in support of dft’s motion for special jury selection procedures [157–1] (Vol 3 of 5) (kb) ## | web.archive.org |
| 161 | 8/13/97 | DECLARATIONS AND APPENDICES in support of dft’s motion for special jury selection procedures [157–1] (Vol 4 of 5) (kb) ## | web.archive.org |
| 162 | 8/13/97 | DECLARATIONS AND APPENDICES in support of dft’s motion for special jury selection procedures [157–1] (Vol 5 of 5) (kb) ## | web.archive.org |
| — | 8/14/97 | LODGED ORDER Stipulation and Order setting schedule on moiton regarding jury selection procedures by defendant Theodore John Kaczynski (kh) ## | |
| 163 | 8/15/97 | REPLY by defendant Theodore John Kaczynski to the government’s OPPOSITION to supplemental motion to suppress evidence by defendant Theodore John Kaczynski [135–1] (kh) ## | web.archive.org |
| 164 | 8/19/97 | WAIVER of dft’s presence by attorneys for dft Theodore John Kaczynski (rgd) ## | web.archive.org |
| 165 | 8/20/97 | OPPOSITION by defendant Theodore John Kaczynski to the government’s motion for more specific notice and for a mental examination of defendant [146–1] (dd) ## | web.archive.org |
| 166 | 8/22/97 | RESPONSE by plaintiff USA to motion regarding jury selection procedures by defendant Theodore John Kaczynski [157–1] (rgd) ## | web.archive.org |
| 167 | 8/22/97 | MINUTES before Judge Garland E. Burrell Dft to file challenge to death penalty notice 9/15/97; governments opposition 9/29/97; dft’s reply 10/9/97; oral argument 10/17/97 at 1:30pm; dft to file motion to preclude government from using computer litigation support system by 9/5/97; governments opposition due 9/19/97; dfts reply due 9/29/97; set oral argument 10/3/97 at 1:30pm; court set chambers conference re: jury for 1:00 9/15/97 for Theodore John Kaczynski; court will summon jurors for pre-screening on 9/30/97, 10/1/97 and 10/2/97; C/R Susan Vaughan (kb) ## | web.archive.org |
| 168 | 8/25/97 | REPLY BRIEF by plaintiff USA in support of motion for more specific notice under Fed R Crim P 12.2(b) [146–1] and for mental examination of dft by the government’s expert by USA [146–2] (kb) ## | web.archive.org |
| 169 | 8/26/97 | ORDER by Judge Garland E. Burrell if discovery disputes are not resolved by 9/10/97, counsel are to appear at a hearing before Magistrate Judge Hollows regarding their disagreement at 9:00am on 9/15/97; the parties’ respective briefs on the dispute shall be filed by noon on 9/12/97; government proposes that its motion to permit the use of the computer litigation support system, in lieu of the defense motion to preclude, be filed 8/26/97, that dft’s response be filed on 9/9/97, government’s reply be filed on 9/16/97; arguments if necessary should be scheduled at the Court’s convenience; since the government’s proposal provides dft with an additional 4 days to prepare his opposition, the government’s briefing schedule is hereby ordered; dft’s motion challenging the death penalty and death penalty notice to be filed by 9/15/97; the government’s opposition shall be filed by 9/29/97; dft’s reply, if any, shall be filed by 10/9/97; argument is scheduled for 10/17/97 at 1:30pm; if upon receipt of the papers the Court determines the argument would not be helpful, the hearing will be vacated; the chambers conference scheduled for 9/15/97, is accelerated to 9/2/97, to resolve issues that will permit the summoning of potential jurors on 9/30/97, 10/1/97 and 10/2/97; the in-chambers conference will convene immediately after the conclusion of the 9/2/97 hearing (cc: all counsel) (kb) ## | web.archive.org |
| 170 | 8/26/97 | STIPULATION and order by Judge Garland E. Burrell on 8/13/97 dft filed a motion regarding jury selection procedures [157–1]; the government shall file its response by 8/22/97; the dft shall file a reply, if any, by 8/27/97; the parties agree that the hearing on the motion shall be on 9/2/97 at 1:00pm in the Courtroom of the Honorable Garland E. Burrell (kb) ## | web.archive.org |
| 171 | 8/26/97 | MOTION by USA to use computer litigation support system at trial (not noticed) (rgd) ## | web.archive.org |
| 172 | 8/27/97 | REPLY by defendant Theodore John Kaczynski to government’s response to motion regarding jury selection procedures by defendant Theodore John Kaczynski [157–1] (kb) ## | web.archive.org |
| 173 | 8/27/97 | SUPPLEMENT OPPOSITION by defendant Theodore John Kaczynski to government’s motion for more specific notice [146–1] and for a mental examination of dft [146–2] (kb) ## | web.archive.org |
| 178 | 8/27/97 | CJA FORM 24 (Authorization and Voucher for Transcript Payment) for Theodore John Kaczynski (dmb) ## | web.archive.org |
| 174 | 8/28/97 | MINUTES before Judge Garland E Burrell: motion regarding jury selection procedures by defendant Theodore John Kaczynski [157–1] SUBMITTED WITHOUT ORAL ARGUMENT; motion to suppress evidence by defendant Theodore John Kaczynski [135–1] HEARING SET FOR 1:00pm on 9/2/97 C/R Susan Vaughan (dmb) ## | web.archive.org |
| 175 | 8/29/97 | NOTICE OF MOTION AND MOTION to supplement the record on dft’s supplemental motion to suppress evidence by USA as to Theodore John Kaczynski hearing set for 1:00pm on 9/2/97 before Judge Burrell (dmb) ## | web.archive.org |
| 176 | 8/29/97 | NOTICE OF MOTION AND MOTION for reconsideration and/or to supplement the record by defendant Theodore John Kaczynski (dmb) ## | web.archive.org |
| 177 | 8/29/97 | ORDER by Judge Garland E Burrell ORDERING: motion regarding jury selection procedures by defendant Theodore John Kaczynski [157–1] is DENIED (cc: all counsel) (dmb) ## | web.archive.org |
| 179 | 9/2/97 | MINUTES before Judge Garland E. Burrell: motion to suppress evidence by defendant Theodore John Kaczynski [135–1] is SUBMITTED, motion for mental examination of dft by the government’s expert by USA [146–2] is SUBMITTED; court will issue order; C/R Kelly O’Halloran (kdc) ## | web.archive.org |
| 180 | 9/2/97 | MINUTES before Judge Garland E. Burrell in-court hearing held on 9/2/97 in chambers re jury selection; court will prepare order C/R Kelly O’Halloran (kdc) ## | web.archive.org |
| — | 9/3/97 | LODGED PROPOSED ORDER / STIPULATION continuing hearing on death penalty motions from 10/17/97 to 10/24/97 at 1:30 p.m. submitted by defendant Theodore John Kaczynski (rgd) ## | |
| 181 | 9/4/97 | MINUTES before Judge Garland E. Burrell conference call re proposed jury documents to be mailed on 9/8/97; C/R Susan Vaughan (kb) ## | web.archive.org |
| 182 | 9/5/97 | TRANSCRIPT of dft’s motion to suppress; government’s motion for more specific notice and for mental exam of dft by government expert hearing on 9/2/97 by C/R Kelly O’Halloran (kb) ## | |
| 183 | 9/5/97 | ORDER by Judge Garland E. Burrell during the chambers conference held 9/2/97 the parties agree to commence the jury screening process prior to trial; because the process is scheduled to begin shortly, the parties are directed to convene a telephonic conference on 9/4/97, no later than 3:00pm, to discuss any objections or further comments regarding the proposed jury selection process as well as the substance of the jury notice and how the discussion in this order concerning juror privacy bears on that notice; if the media or public would like to be heard on the contemplated procedures, they may file written comments no later than 9/22/97; a hearing date on this matter is scheduled for 1:30 9/26/97; if the written responses demonstrate that a hearing is not required, the 9/26 hearing will be vacated (cc: all counsel) (kb) ## | web.archive.org |
| 184 | 9/5/97 | MINUTES before Judge Garland E. Burrell chambers conference re jury summons; C/R Susan Vaughan (kb) ## | web.archive.org |
| 185 | 9/5/97 | MINUTES before Judge Garland E. Burrell chambers conference; counsel were directed to file any closure motion by 9/15/97 and to also lodge a proposed order directing the media to respond to the motion by 9/22/97; a hearing on the motion will be held 9/26/97 at 1:30; C/R Susan Vaughan (kb) ## | web.archive.org |
| 186 | 9/9/97 | RESPONSE IN OPPOSITION by defendant Theodore John Kaczynski to motion by USA to use computer litigation support system at trial [171–1] (rgd) ## | web.archive.org |
| 187 | 9/10/97 | STIPULATION and order by Judge Garland E. Burrell the hearing on death penalty motions, currently calendared for 10/17/97, shall be continued to 10/24/97 at 1:30pm; all other dates shall remain as previously ordered (kb) ## | web.archive.org |
| 188 | 9/10/97 | LETTER to court from counsel for defendant Theodore John Kaczynski regarding signed declaration of James A Cox in support of Mr Kaczynski’s opposition to Government’s motion to use computer litigation support system at trial [186–1] (rgd) ## | web.archive.org |
| 189 | 9/10/97 | ORIGINAL DECLARATION of James A Cox in support of Mr. Kaczynski’s opposition to Government’s motion to use litigation support system at trial [186–1] (rgd) ## | web.archive.org |
| 190 | 9/11/97 | TRANSCRIPT of 8/22/97 hearing on trial confirmation by C/R Susan Vaughan (rgd) ## | |
| 191 | 9/12/97 | NOTICE OF MOTION AND MOTION to compel discovery by defendant Theodore John Kaczynski and to clarify the Govt’s further discovery obligations Hearing set for 9:00 9/15/97 (rgd) ## | web.archive.org |
| 192 | 9/12/97 | NOTICE OF MOTION AND MOTION for disclosure of ministerial grand jury records by defendant Theodore John Kaczynski Hearing set for 9:00 a.m. 9/15/97 before the Honorable Magistrate Gregory G Hollows (rgd) ## | web.archive.org |
| 193 | 9/12/97 | WAIVER of dft’s presence by defendant Theodore John Kaczynski (rgd) ## | web.archive.org |
| 194 | 9/12/97 | RESPONSE IN OPPOSITION by plaintiff USA to motion to compel discovery and for reciprocal rule 16 discovery by defendant Theodore John Kaczynski [191–1] [191–2] (rgd) ## | web.archive.org |
| 195 | 9/15/97 | NOTICE OF MOTION AND MOTION to preclude imposition of the death penalty by defendant Theodore John Kaczynski; hearing set for 1:30 p.m.10/24/97 before the Honorable Garland E Burrell, Jr (rgd) ## | web.archive.org |
| 196 | 9/15/97 | NOTICE OF MOTION AND MOTION to dismiss Government’s 5/15/97 Notice of Intent to Seek Death Penalty; by defendant Theodore John Kaczynski Hearing set for 1:30 p.m. 10/24/97 before the Honorable Garland E Burrell (rgd) ## | web.archive.org |
| 197 | 9/15/97 | NOTICE OF MOTION AND MOTION for procedures to protect privacy interests of jurors and integrity of jury selection process by defendant Theodore John Kaczynski; Hearing set for 1:30 p.m. 9/26/97 before the Honorable Garland E Burrell, Jr (rgd) ## | web.archive.org |
| 201 | 9/15/97 | MINUTES before Magistrate Judge Gregory G Hollows: after a lenghty discussion the court takes all matters under submission; written order to follow; motion for disclosure of ministerial grand jury records by defendant Theodore John Kaczynski [192–1], motion to compel discovery by defendant Theodore John Kaczynski [191–1], & motion to clarify the Govt’s further discovery obligations [191–2] ARE SUBMITTED C/R Tape 1 of 1 (dmb) ## | web.archive.org |
| 198 | 9/16/97 | ORDER by Judge Garland E. Burrell ordering that any RESPONSES by government, public, or media to motion by dft for procedures to protect privacy interests of jurors and integrity of selection process [197–1] are TO BE FILED BY 9/22/97; dft’s reply, if any, due 9/24/97 by 3:00 p.m.(cc: all counsel; Charity Kenyon by fax) (rgd) ## | web.archive.org |
| 199 | 9/16/97 | REPLY by plaintiff USA TO RESPONSE to motion by USA to use computer litigation support system at trial [171–1] (rgd) ## | web.archive.org |
| 200 | 9/17/97 | NOTICE OF MOTION AND MOTION to supplement the record of the argument held on 09/15/97 by USA as to Theodore John Kaczynski; motion not noticed (dmb) ## | web.archive.org |
| 202 | 9/18/97 | TRANSCRIPT of 9/15/97 hearing before the Honorable Gregory G Hollows on dft’s motion for discovery by C/R Dennis F McKinnon (rgd) ## | |
| 203 | 9/19/97 | ORDER by Magistrate Judge Gregory G. Hollows: Dft’s motion for disclosure of Brady material is GRANTED as limited herein; the U.S. shall file its Brady compliance statement within 10 days of the filed date of this order; dft’s motion for disclosure of unredacted FBI Crime Lab Investigation Report is GRANTED, to be disclosed pursuant to protective order in the same unredacted manner as ordered in the FOIA litigation relating to said report, disclosure due within 10 days of the filed date of this order; Dft’s motion for disclosure of hard copy originals or negatives of photographs is GRANTED in part and disclosure shall take place within 10 days of the filed date of this order; U.S. shall inform the dft and the court, within 10 days of the filed date of this order, the precise date on which it plans to disclose all Jencks Act statements that have not been disclosed; U.S. shall disclose its Henthorn material within 5 days after compliance by the defense with its initial Rule 16 obligations; Dft and U.S. shall disclose all Rule 16 information obligated to be disclosed no later than 10/18/97 [191–1] [191–2] (cc: all counsel) (rgd) ## | web.archive.org |
| 204 | 9/19/97 | ORDER by Judge Garland E. Burrell ORDERING motion to suppress evidence by defendant Theodore John Kaczynski [135–1] DENIED (cc: all counsel) (rgd) ## | web.archive.org |
| 205 | 9/19/97 | ORDER by Judge Garland E. Burrell ORDERING motion by USA to use computer litigation support system at trial [171–1] GRANTED (cc: all counsel) (rgd) ## | web.archive.org |
| 206 | 9/19/97 | ORDER by Judge Garland E. Burrell ORDERING motion for more specific notice under Fed R Crim P 12.2(b) [146–1] GRANTED; ORDERING motion for mental examination of dft by gov’t expert [146–2] GRANTED; (cc: all counsel) (rgd) ## | web.archive.org |
| 207 | 9/22/97 | MINUTES before Judge Garland E Burrell: conference call re proposed jury questionaire; chambers conference previously scheduled for 09/24/97 is VACATED C/R Susan Vaughan (dmb) ## | web.archive.org |
| 208 | 9/22/97 | RESPONSE BRIEF by News Media Coalition in opposition to use of anonymous jury in trial of defendant Theodore Kaczynski [197–1] (rgd) ## | web.archive.org |
| 209 | 9/22/97 | APPENDIX regarding BRIEF by news media in opposition to use of anonymous jury in trial of Theodore Kaczynski [208–1] (rgd) ## | web.archive.org |
| 210 | 9/23/97 | RESPONSE in opposition by plaintiff USA to motion for procedures to protect privacy interests of jurors and integrity of jury selection process by defendant Theodore John Kaczynski [197–1] (rgd) ## | web.archive.org |
| 211 | 9/23/97 | WAIVER of dft’s presence by Theodore John Kaczynski re: 9/26/97 hearing on procedures re: jury selection (rgd) ## | web.archive.org |
| — | 9/24/97 | LODGED ORDER / motion for reconsideration of order re: rule 12.2 notice and examination and for stay pending consideration of motion and/or interlocutory appeal by defendant Theodore John Kaczynski (rgd) ## | |
| 212 | 9/24/97 | REPLY by defendant Theodore John Kaczynski to Media’s Response In Opposition to motion for procedures to protect privacy interests of and integrity of jury selection process by defendant Theodore John Kaczynski [197–1] (rgd) ## | web.archive.org |
| — | 9/24/97 | LODGED Document of 9/24/97 by dft titled “Motion for reconsideration of order re: rule 12.2 notice and examination and for stay...” NOT USED (rgd) ## | |
| 213 | 9/25/97 | (a) CJA FORM 24 (Authorization and Voucher for Transcript Payment as to 9/2/97 Motion to suppress and motion for mental examination) for Theodore John Kaczynski (rgd) ## | web.archive.org |
| 214 | 9/25/97 | RESPONSE IN OPPOSITION by plaintiff USA TO MOTION by dft FOR RECONSIDERATION of order re: rule 12.2 and/or for stay pending consideration of motion and/or interlocutory appeal [176–1] (rgd) ## | web.archive.org |
| 213 | 9/25/97 | (b) CJA FORM 24 (Authorization and Voucher for Transcript Payment) for Theodore John Kaczynski as to 8/22/97 TCH (rgd) ## | web.archive.org |
| 215 | 9/26/97 | LETTER to Magistrate Hollows from counsel Robert J Cleary for plaintiff USA regarding compliance with Court’s 9/19/97 Order to produce discovery ie., unredacted FBI Crime Lab Investigation Report [203–1]; On monday 9/29/97 Gov’t shall produce 2 boxes of materials in response to FOIA requests (rgd) ## | web.archive.org |
| 216 | 9/26/97 | REPLY by defendant Theodore John Kaczynski to response in opposition to motion for reconsideration and/or a stay of Court’s 9/19/97 order [176–1] (rgd) ## | web.archive.org |
| 217 | 9/26/97 | STIPULATION AND ORDER by Judge Garland E. Burrell EXTENDING TIME to 10/3/97 for Government to respond to dft’s death penalty motions [196–1] [195–1]; subsequently, dft’s reply due date is extended to 10/13/97 (rgd) ## | web.archive.org |
| 220 | 9/26/97 | MINUTES before Judge Garland E. Burrell: The motion for procedures to protect privacy interests of jurors and integrity of jury selection process by defendant Theodore John Kaczynski [197–1] is SUBMITTED; Counsel findings due 9/29/97 at 4:30; Media response due 10/1/97 at 12:00; If needed, hearing shall be scheduled for 10/2/97 at 1:30; Compliance with Order of 9/29/97 re: dft’s motion for reconsideration of order for mental exam and 12.2 (b) issue [218–1] is STAYED until 10/3/97 at 4:30; dft’s brief on this matter due 10/2/97 by 12:00; Govt’s response due 10/3/97; C/R Susan Vaughan (rgd) ## | web.archive.org |
| 221 | 9/26/97 | MINUTES of in chambers conference re: jury questionnaire before Judge Garland E. Burrell; C/R Susan Vaughan (rgd) ## | web.archive.org |
| 218 | 9/29/97 | ORDER by Judge Garland E. Burrell: LODGED ORDER / motion for reconsideration of order re: rule 12.2 notice and examination and for stay pending consideration of motion and/or interlocutory appeal [0–0] GRANTED in part and DENIED in part; dft’s request for reconsideration of Court’s order compelling mental examination DENIED; dft’s request FOR STAY of said ruling GRANTED while notice issue is reconsidered; dft may file supplemental brief by noon 10/2/97; govt’s response due 10/3/97 (cc: all counsel) (rgd) ## | web.archive.org |
| 219 | 9/29/97 | ORDER by Magistrate Judge Gregory G Hollows ORDERING the motion for disclosure of ministerial grand jury records by defendant Theodore John Kaczynski [192–1] is GRANTED in part and DENIED in part as stated in this order; the US Attorney shall produce all documents and information required to be disclosed by 8/10/97, if the US Attorney believes the documents are in possession of the District Court, they shall so advise the jury administrator so the documents may be disclosed by 8/10/97; all defendant, counsel, privies and government are bound by the protective order as set out in this order (cc: all counsel) (kh) ## | web.archive.org |
| 222 | 9/29/97 | NOTICE OF MOTION AND MOTION to compel compliance with Court Order to submit to mental examination by USA as to Theodore John Kaczynski; Not noticed (rgd) ## | web.archive.org |
| 223 | 9/29/97 | STATEMENT IN RESPONSE by plaintiff to Court’s Discovery Order of 9/19/97 [203–1] (rgd) ## | web.archive.org |
| 224 | 9/29/97 | NOTICE of PROPOSED VERDICT FORM by plaintiff USA (rgd) ## | web.archive.org |
| — | 9/29/97 | LODGED proposed jury instructions by plaintiff USA (rgd) ## | |
| — | 9/29/97 | LODGED proposed findings and order re: anonymous jury by defendant Theodore John Kaczynski (rgd) ## | |
| 225 | 9/29/97 | NOTICE of Appeal to 9th Circuit by defendant Theodore John Kaczynski regarding Court’s order of 9/19/97 granting government’s motion for mental examination of dft [206–1] (cc: all counsel) (rgd) ## | web.archive.org |
| 226 | 10/1/97 | MINUTE ORDER: in-court hearing set for 10:30am on 10/1/97 for Theodore John Kaczynski in re: on the govt’s request to vacate the order staying the mental examination (dmb) ## | web.archive.org |
| 227 | 10/1/97 | TRANSCRIPT of 09/26/97 hearing on dft’s motion to protect juror’s privacy & integrity of jury selection process & request to use anonymous jury by C/R Susan Vaughan (dmb) ## | |
| 228 | 10/1/97 | NEWS MEDIA COALITION RESPONSE to Proposed Findings and Order re use of anonymous jury (kdc) ## | web.archive.org |
| 229 | 10/1/97 | MINUTES before Judge Garland E Burrell: chambers conference; jury questionaire; C/R Susan Vaughan (dmb) ## | web.archive.org |
| 230 | 10/1/97 | MINUTES before Judge Garland E Burrell: govt’s request to vacate order staying mental examination; the govt is to augment their brief by 10/3/97; the dfts opposition is to be filed by 10/10/97; govt’s reply is to be filed by 10/14/97; in-court hearing held on 10/1/97 C/R Susan Vaughan (dmb) ## | web.archive.org |
| 231 | 10/1/97 | ORDER by Magistrate Judge Gregory G Hollows ORDERING: pursuant to order of 9/19/97 the govt on 9/26/97 submitted FBI FD-302’s concerning two witnesses that gave potentially mitigating Brady statements to the govt; despite the govt’s certainty that the reports involving witness R are most assuredly not Brady material for the penaly phase the court views the reports as marginal Brady material but neverthless something slightly more than merely nice comments about the dft from someone who only knew dft on a superficial basis; the govt shall disclose the witness R reports to the dft; with respect to witness W the court finds persuasive the govt’s analysis that the reported material duplicates what the dft knows or should know & need not be produced; the witness W report need not be disclosed (cc: all counsel) (dmb) ## | web.archive.org |
| 232 | 10/1/97 | MAILED case information/docket with fee payment notice and Notice of Appeal and appealed Order [225–1] to 9th Circuit along with copy of appeal and certified copy of docket sheet to all parties (cc: all counsel) (dmb) ## | web.archive.org |
| 233 | 10/1/97 | ORDER by Judge Garland E Burrell ORDERING: on 10/1/97 the court heard arguments on the govt’s motion to vacate the part of the 9/29/97 order staying the examination until the court reconsiders its ruling on the notice issue; the motion is DENIED; the following briefing was established on the govt’s motion to compel compliance with the court order to submit to a mental examination; the govt shall file a supplement to its motion by 10/4/97; dfts opposition shall be filed by 10/10/97; the govt’s reply shall be filed by 10/14/97; since this matter appears suitable for decision without oral argument a hearing will be scheduled ONLY if needed (cc: all counsel) (dmb) ## | web.archive.org |
| 234 | 10/1/97 | TRANSCRIPT of 10/1/97 hearing on govt’s request to vacate order staying mental examination by C/R Susan Vaughan (dmb) ## | |
| 235 | 10/1/97 | DECLARATION of Robert J Cleary in re: joint proposed findings & order on anonymous jury (dmb) ## | web.archive.org |
| 236 | 10/2/97 | DECLARATION of Quin Denvir (dmb) ## | web.archive.org |
| — | 10/2/97 | LODGED ORDER Application for protective order re discovery under FRcrP 16(b) & order by defendant Theodore John Kaczynski (dmb) ## | |
| 237 | 10/2/97 | NOTICE by plaintiff USA of govt request for in camera review & sealing of information relevant to motion for partially anonymous jury (dmb) ## | web.archive.org |
| 238 | 10/2/97 | ORDER by Judge Garland E Burrell ORDERING: in response to the Media’s brief filed 10/1/97 the govt has requested authority to submit documents to the Court for in camera review; the request is granted with the understanding that the govt will file a public document explaining generally why is has requested this provisional closure order; the public will have the opportunity to object to this provisional closure of these documents & the in camera review procedure at the hearing scheduled for 1:30pm on 10/2/97; in-court hearing set for 1:30pm on 10/2/97 for Theodore John Kaczynski (cc: all counsel) (dmb) ## | web.archive.org |
| 239 | 10/2/97 | BRIEF by defendant Theodore John Kaczynski in support of reconsideration of the notice order (dmb) ## | web.archive.org |
| 240 | 10/2/97 | MINUTES before Judge Garland E Burrell: govt’s motion for sealing order & further hearing re: motion for procedures to protect privacy interests of jurors and integrity of jury selection process by defendant Theodore John Kaczynski [197–1] is SUBMITTED; in-court hearing held on 10/2/97; court will issue an order C/R Kathy Bodene (dmb) ## | web.archive.org |
| 241 | 10/2/97 | GOVERNMENT’S MOTION to confirm and clarify representation made by government at court hearing on 10/2/97 as to Theodore John Kaczynski; hearing not noticed (kdc) ## | web.archive.org |
| 242 | 10/3/97 | ORDER by Judge Garland E Burrell ORDERING: the juror’s names, addresses, places of employment & spouses names & places of employment shall not be disclosed to the public during voire dire or prior to the time of discharge except by order of this court; no photographs or other pictures or sketches shall be made or taken of any juror within the environs of the courthouse; the jurors will meet each morning in a central and undisclosed location to which United States Marshals will return them at the close of the court day; the jurors shall remain in the custody of the United States Marshals throughout the court day; the Media acquiesces in the notion that the blank jury questionaire will be made available to the Media upon request immediately on impaneling the jury; the parties have persuaded the court that they should be allowed to keep the questionnaire from becoming public until after they have had an opportunity to present the same to potential jurors; adequate findings have not been proposed to justify a closure order on the remaining issues; the motion on these issues is DENIED without prejudice (cc: all counsel) (dmb) ## | web.archive.org |
| 243 | 10/3/97 | ORDER by Judge Garland E Burrell sealing document until further order of this court (cc: all counsel) (dmb) ## | web.archive.org |
| 244 | web.archive.org | ||
| 245 | 10/3/97 | COMBINED RESPONSES by plaintiff USA to dfts death penalty motions [196–1] & [195–1] (dmb) ## | web.archive.org |
| 246 | 10/3/97 | SUPPLEMENT by plaintiff USA to govt’s motion to compel compliance with court order to submit to mental examination [222–1] (dmb) ## | web.archive.org |
| 247 | 10/3/97 | OPPOSITION by plaintiff USA to dft’s motion for reconsideration of order requiring more specific notice under Rule 12.2(b) [176–1] (dmb) ## | web.archive.org |
| 248 | 10/3/97 | MINUTES before Judge Garland E Burrell: chambers conference re jury questionaire C/R Susan Vaughan (dmb) ## | web.archive.org |
| 249 | 10/6/97 | REPLY by defendant Theodore John Kaczynski to govt’s opposition to reconsideration of the notice order [176–1] (dmb) ## | web.archive.org |
| 250 | 10/6/97 | ORDER by Judge Garland E Burrell ORDERING: the 9/19/97 Order is AFFIRMED [206–1]: Kaczynski shall give the govt an amended Rule 12.2(b) notice consistent with the requirement of the 9/19/97 Order no later than 1:00pm on 10/9/97 (cc: all counsel) (dmb) ## | web.archive.org |
| 251 | 10/7/97 | ORDER by Magistrate Judge Gregory G. Hollows: Application by dft for protective order re discovery under FRcrP 16(b) REFERRED TO Judge Garland E. Burrell; Gov’t to contact GEB chambers as to due date re: opposition, if any (cc: all counsel) (rgd) ## | web.archive.org |
| 252 | 10/7/97 | NOTICE of RESETTING hearing on motion to Dismiss Government’s Notice of Intent to Seek Death Penalty and Motion to Preclude Imposition of the Death Penalty by Defendant Theodore John Kaczynski [195–1] to 1:30 10/30/97 before GEB; dft’s reply brief is to be filed by 10/16/97 (kdc) ## | web.archive.org |
| 253 | 10/8/97 | MINUTES before Judge Garland E Burrell: conference call re scheduling court will prepare an order C/R Kathy Bodene (dmb) ## | web.archive.org |
| 254 | 10/8/97 | ORDER by Judge Garland E Burrell re dft’s application for a protective order as to discovery; Govt’s opposition shall be filed no later than noon on 10/10/97; dfts reply shall be filed 4:30pm on 10/15/97; IF a hearing is necessary it will occur 10/17/97 at 1:30pm; Re Trial Briefs; the govt shall deliver trial brief to dft by 5:00pm on 10/15/97; dft requested & was granted the opportunity to receive govt’s trial brief in advance of required filing date so that he could have the option of trying to persuade the govt to exclude from the brief what he assumes will be unnecessary or disputed factual matters; IF DFT IS UNSUCCESSFUL in this endeavor he will seek to have the trial brief & unredacted 404(b) motion or certain matters contained therein provisionally sealed for in camera review; dft has until noon on 10/22/97 to seek in camera review of these or any parts thereof; the Media’s & public’s response if any, MUST be filed by 4:30pm on 10/24/97 & any reply by 4:30pm 10/28/97; the hearing will be held at 1:30pm on 10/30/97 IN THE EVENT THAT AN OBJECTION TO the application is timely filed; IF in camera review of these documents or any aspect thereof is not sought by 10/22/97 the documents shall be filed as soon as feasible but no later than 11/3/97; Re Trial Brief & 404(b) Brief; the govt’s supplemental redacted 404(b) brief on dft’s mental status defense shall be filed 10/15/97; dft’s trial brief & opposition to the govt’s 404(b) motion shall be filed 10/22/97; the govt’s reply to dft’s 404(b) opposition shall be filed 10/29/97; the clerk is directed to serve a copy of this order on Charity Kenyon, Diepenbrock Wulff Plant & Hannegan (cc: all counsel) (dmb) ## | web.archive.org |
| 255 | 10/10/97 | RESPONSE by plaintiff USA to dft’s application for a protective order [0–0] (dmb) ## | web.archive.org |
| 256 | 10/10/97 | OPPOSITION by defendant Theodore John Kaczynski to motion to compel compliance with Court Order to submit to mental examination by USA [222–1] (dmb) ## | web.archive.org |
| 257 | 10/10/97 | CJA FORM 24 (Authorization and Voucher for Transcript Payment) for Theodore John Kaczynski (dd) ## | web.archive.org |
| — | 10/14/97 | LODGED Document, proposed application for leave to file supplemental motion to suppress evidence NOT USED; Court to prepare order (rgd) ## | |
| 258 | 10/14/97 | Government’s reply brief in support of its motion to compel compliance with court order to submit to mental examination [222–1] (rgd) ## | web.archive.org |
| — | 10/14/97 | LODGED proposed guilt phase JURY INSTRUCTIONS and VERDICT FORMS by defendant Theodore John Kaczynski (rgd) ## | |
| — | 10/15/97 | LODGED Document: proposed findings & order re: anonymous jury; not to be signed (dmb) ## | |
| 259 | 10/15/97 | SUPPLEMENTAL OPPOSITION re conditions of court ordered mental examination of dft by defendant Theodore John Kaczynski [258–1] (dmb) ## | web.archive.org |
| 260 | 10/15/97 | REPLY by defendant Theodore John Kaczynski to govt’s response to dft’s application for protective order [255–1] (dmb) ## | web.archive.org |
| 261 | 10/15/97 | MINUTES before Judge Garland E. Burrell: conference call HELD re scheduling; court set hearing for 1:30 10/17/97 for Theodore John Kaczynski re scope of mental examination; C/R Susan Vaughan (kdc) ## | web.archive.org |
| — | 10/15/97 | LODGED stipulation and order granting pltf until 10/22/97 to file its Supplemental Motion to Admit Evidence pursuant to 404 (b) by plaintiff USA (rgd) ## | |
| 262 | 10/16/97 | STIPULATION and order by Judge Garland E Burrell ORDERING: orit is stipulated between the parties that the govt may have to & including 10/22/97 to file its supplemental motion to admit evidence pursuant to 404(b) (cc: all counsel) (dmb) ## | web.archive.org |
| 263 | 10/16/97 | REPLY by defendant Theodore John Kaczynski TO RESPONSE to motion to dismiss Govts’ 5/15/97 Notice of Intent to Seek Death Penalty [196–1] (rgd) ## | web.archive.org |
| 264 | 10/16/97 | REPLY by defendant Theodore John Kaczynski to govts’ response to motion to preclude imposition of the death penalty [195–1] (rgd) ## | web.archive.org |
| 265 | 10/17/97 | WAIVER of presence by defendant Theodore John Kaczynski (dmb) ## | web.archive.org |
| 266 | 10/17/97 | TRANSCRIPT of 10/2/97 hearing on govt’s motion for sealing order & further hearing re: dft’s motion to protect privacy of jurors & integrity of the jury selection process & request to use anonymous jury C/R Catherine Bodene (dmb) ## | |
| 267 | 10/17/97 | MINUTES before Judge Garland E. Burrell lodged Application for protective order re discovery and hearing re: scope of mental examination [0–0] SUBMITTED In-court hearing held on 10/17/97; Court to issue order; C/R Susan Vaughan (rgd) ## | web.archive.org |
| 268 | 10/20/97 | SUPPLEMENTAL DECLARATION of Dr Seymour Halleck in support of dft’s opposition to govt’s requested conditions of court ordered mental exam [259–1] (dmb) ## | web.archive.org |
| 269 | 10/20/97 | ORDER by Judge Garland E. Burrell: lodged order / Application by dft for protective order re discovery under FRcrP 16(b) [0–0] DENIED without prejudice (cc: all counsel) (rgd) ## | web.archive.org |
| 270 | 10/20/97 | MOTION by USA TO CLARIFY the record of 10/17/97 hearing as to specifics of monitoring psychiatric examination of dft Theodore John Kaczynski; Motion not noticed (rgd) ## | web.archive.org |
| 271 | 10/20/97 | TRANSCRIPT of 10/17/97 hearing on motion for protective order and hearing re scope of mental examination; C/R Susan Vaughan (kdc) ## | |
| 272 | 10/21/97 | NOTICE OF MOTION AND MOTION by USA to supplement the record of the 10/17/97 hearing as to Theodore John Kaczynski; Not noticed (rgd) ## | web.archive.org |
| 273 | 10/21/97 | RESPONSE by defendant Theodore John Kaczynski to motion by USA to supplement the record of the 10/17/97 hearing [272–1] (rgd) ## | web.archive.org |
| 274 | 10/21/97 | SEALING ORDER by Magistrate Judge Gregory G. Hollows sealing Henthorn material until further order of court (cc: all counsel) (rgd) ## | web.archive.org |
| 275 | 10/21/97 | RESPONSE by defendant Theodore John Kaczynski to Government’s motion TO CLARIFY the record of 10/17/97 [270–1] (kdc) ## | web.archive.org |
| 276 | 10/22/97 | ORDER by Judge Garland E. Burrell ordering two separate mental examinations by two separate Government psychiatrist as to dft Kaczynski; Govt’s request to video tape examinations is DENIED; Examinations shall be audio taped; Dft’s request to limit examination re: charged and uncharged criminal offenses is DENIED; Delay of Examination for Discovery issue had been resolved by parties and is therefor moot (cc: all counsel) (rgd) ## | web.archive.org |
| 277 | 10/22/97 | TRIAL BRIEF by defendant Theodore John Kaczynski (dmb) ## | web.archive.org |
| 278 | 10/22/97 | OPPOSITION by defendant Theodore John Kaczynski to motion in limine for admission of evidence under FREvid 404(B) by USA [118–1] (dmb) ## | web.archive.org |
| 279 | 10/23/97 | NOTICE OF MOTION AND MOTION re: provisional sealing of govt’s un-redacted motion to admit evidence under Rule 404(B), supplemental brief in support of Rule 404(B) motion & Trial Brief by defendant Theodore John Kaczynski; findings & order; motion not noticed (dmb) ## | web.archive.org |
| — | 10/23/97 | LODGED ORDER Findings & Order re: [1–279] by defendant Theodore John Kaczynski (dmb) ## | |
| 280 | 10/23/97 | MINUTES of in chambers conference re: jury selection before Judge Garland E. Burrell; Attorneys present for govt — Steve Freccero, Steve Lapham, Robert Cleary; for dft Quin Denvir, Judy Clarke; C/R Susan Vaughan (rgd) ## | web.archive.org |
| 281 | 10/23/97 | SUPPLEMENTAL BRIEF by plaintiff USA in support of its motion in limine for admission of evidence under FRCP 404(B) [118–1] (rgd) ## | web.archive.org |
| 282 | 10/23/97 | TRIAL BRIEF (redacted) by plaintiff USA (rgd) ## | web.archive.org |
| 283 | 10/24/97 | OBJECTIONS by News Media to in camera hearing & sealing of trial records; request for access to certain additional documents (dmb) ## | web.archive.org |
| 284 | 10/24/97 | MINUTE ORDER: Judge Garland E Burrell held telephonic status conference to resolve dispute re: dft’s participation as to the previously ordered mental examinations; At hearing, dft stated through counsel that he would NOT submit to the previously ordered (9/19/97 & 10/22/97) mental examinations [276–1] C/R Susan Vaughn; (Judge Burrell conducted hearing from the Eastern District Conference at Monteray CA); cc: all counsel (rgd) ## | web.archive.org |
| 285 | 10/24/97 | MINUTES of telephonic hearing before Judge Garland E. Burrell: Hearing conducted from the Eastern District of California Conference location of Monteray California; Dft stated through counsel that he will not submit to mental examinations as previously ordered by Court on 9/19/97 and 10/22/97 [276–1] C/R Susan Vaughan (rgd) ## | web.archive.org |
| 286 | 10/27/97 | TRANSCRIPT of 10/24/97 hearing on dft’s refusal to submit to mental examination by C/R Susan Vaughan (dmb) ## | |
| 287 | 10/27/97 | CJA Form 23 (Financial Affidavit) as to Theodore John Kaczynski (dmb) ## | web.archive.org |
| 288 | 10/27/97 | CJA Form 23 (Financial Affidavit) as to Theodore John Kaczynski (dmb) ## | web.archive.org |
| 289 | 10/28/97 | REPLY BRIEF by plaintiff USA in support of its motion in limine for admission of evidence under FRCrP 404(B) [118–1] (dmb) ## | web.archive.org |
| 290 | 10/28/97 | REPLY by defendant Theodore John Kaczynski to Media’s objection to motion re: provisional sealing of govt’s un-redacted motion to admit evidence under Rule 404(B), supplemental brief in support of Rule 404(B) motion & Trial Brief by defendant Theodore John Kaczynski [279–1] (dmb) ## | web.archive.org |
| 291 | 10/29/97 | NOTICE OF HEARING: dft’s motion to dismiss Government’s 5/15/97 Notice of Intent to Seek Death Penalty [196–1]; motion to preclude imposition of the death penalty by defendant Theodore John Kaczynski [195–1]; and motion for provisional closure order [279–1] has been RESCHEDULED for 1:30 10/31/97 before GEB (kdc) ## | web.archive.org |
| 292 | 10/29/97 | RESPONSE by plaintiff USA to dft’s reply to Media Objection to Motion to seal re: sealing of govt’s un-redacted motion to admit evidence under Rule 404(B) [279–1] (rgd) ## | web.archive.org |
| 293 | 10/29/97 | RESPONSE by plaintiff USA to dft’s trial brief [277–1] (rgd) ## | web.archive.org |
| 294 | 10/29/97 | RESPONSE by defendant Theodore John Kaczynski to govt’s reply to motion in limine for admission of evidence under FREvid 404(B) by USA [118–1] (dmb) ## | web.archive.org |
| 295 | 10/31/97 | MINUTES before Judge Garland E. Burrell: motion to preclude imposition of the death penalty by defendant Theodore John Kaczynski [195–1] SUBMITTED, motion re provisional sealing of govt’s un-redacted motion to admit evidence by defendant Theodore John Kaczynski [279–1] SUBMITTED, motion to dismiss Government’s 5/15/97 Notice of Intent to Seek Death Penalty by defendant Theodore John Kaczynski [196–1] SUBMITTED; court will issue an order; court set briefing schedule for motion to preclude imposition the death penalty by defendant Theodore John Kaczynski [195–1]; government’s opening brief to be filed by 4:30 on 11/6/97; dft’s opposition to be filed by 4:30 on 11/12/97; government’s reply to be filed by 4:30 on 11/14/97; HEARING SET FOR 1:00 11/21/97 on motion to preclude mental condition defense; C/R S Vaughan (kdc) ## | web.archive.org |
| 296 | 10/31/97 | CJA FORM 24 (Authorization and Voucher for Transcript Payment) for Theodore John Kaczynski (dmb) ## | web.archive.org |
| 297 | 10/31/97 | CJA FORM 24 (Authorization and Voucher for Transcript Payment) for Theodore John Kaczynski (dmb) ## | web.archive.org |
| 298 | 11/4/97 | ORDER by Judge Garland E Burrell ORDERING: during the 10/31/97 hearing the following schedule was established for briefing on the govt’s challenge to dft’s mental status defense: the govt’s motion shall be filed no later than 11/6/97; dft’s opposition to the govt’s motion shall be filed no later than 11/12/97 & the govt’s reply shall be filed no later than 11/14/97; each party is required to file & personally serve the opposing party the referenced pleading no later than 4:30pm on the stated date; motion hearing on govt’s challenge to dft’s mental status defense is set for 1:00pm on 11/21/97 for Theodore John Kaczynski (cc: all counsel) (dmb) ## | web.archive.org |
| 299 | 11/4/97 | ORDER by Judge Garland E Burrell ORDERING: on 10/23/97 the parties met in chambers to discuss the procedures that would be utilized in selecting the jury; the court has determined that the following procedures will govern the selection of the jury: the jurors will be divided into panels of twelve; the panels will then be scheduled to come to the courthouse at a rate of one panel per day (six jurors being scheduled for the morning & six for the afternoon); jurors reporting to the courthouse will be taken to the courtroom where the court will explain the jury selection process & the procedures for a capitol trial; (please see order for more detailed information) (cc: all counsel) (dmb) ## | web.archive.org |
| 300 | 11/4/97 | ORDER by Judge Garland E Burrell ORDERING: motion re: provisional sealing of govt’s un-redacted motion to admit evidence Rule 404(B), supplemental brief in support of Rule 404(B) motion & Trial Brief by defendant Theodore John Kaczynski [279–1] is GRANTED; the govt is directed to file its unredacted 404(b) brief under seal within 5 days from the date this order is served; the appropriateness of continued sealing will be considered after a ruling has been issued on the evidentiary matters that are the subject of this sealing order (cc: all counsel) (dmb) ## | web.archive.org |
| 301 | 11/4/97 | ORDER by Judge Garland E Burrell ORDERING: the News Media’s requests for transcripts & access to the more specific notice of dft’s mental status defense that the Court ordered dft to provide the govt are DENIED (cc: all counsel) (dmb) ## | web.archive.org |
| 302 | 11/4/97 | TRANSCRIPT of 10/23/97 hearing on Chambers Conference re Jury Selection & Trial Scheduling (Partial Transcript) by C/R Susan Vaughan (dmb) ## | |
| 303 | 11/4/97 | TRANSCRIPT of 10/31/97 hearing on Notice of Motion to Dismiss Notice of Intent to seek death penalty; motion to preclude imposition of death penalty motion for provisional sealing order by C/R Susan Vaughan (dmb) ## | |
| — | 11/5/97 | RESERVICE OF DOCUMENT(S) order [299–1] addressed to defendant, plaintiff (cc: all counsel) (dmb) ## | |
| — | 11/5/97 | RESERVICE OF DOCUMENT(S) order [300–1] addressed to defendant, plaintiff (cc: all counsel) (dmb) ## | |
| 304 | 11/5/97 | ORDER by Judge Garland E. Burrell pertaining to Jury: Dft has been furnished with a list of jurors and their addresses per 18:3432; dft may contact Jury Administrator directly to determine any address changes; Any updated information must be obtained in person to insure juror confidentiality (cc: Jury Administrator, all counsel) (rgd) ## | web.archive.org |
| 305 | 11/5/97 | NOTICE OF MOTION AND MOTION by USA to preclude dft from relying on expert mental health testimony at guilt phase and TO REQUIRE dft to undergo mental exam before sentencing as to Theodore John Kaczynski; Hearing set for 1:30 p.m. 11/21/97 before the Honorable Garland E Burrell (rgd) ## | web.archive.org |
| 306 | 11/6/97 | BRIEF by defendant Theodore John Kaczynski re: proper scope of voir dire in capital cases (dmb) ## | web.archive.org |
| 307 | 11/7/97 | SEALING ORDER by Judge Garland E. Burrell directing Clerk to seal Govts’ unredacted 404(b) brief until further order of this Court; Brief submitted in accordance with Court’s 11/4/97 Order [300–1] (cc: all counsel) (rgd) ## | web.archive.org |
| — | 11/7/97 | LODGED ORDER Proposed Introductory comments to prospective jurors about jury selection & capitol trial procedures by defendant Theodore John Kaczynski (dmb) ## | |
| 307 | web.archive.org | ||
| 308 | web.archive.org | ||
| 309 | web.archive.org | ||
| 310 | 11/7/97 | ORDER by Judge Garland E. Burrell: Dft’s Motion to preclude imposition of the death penalty [195–1] is DENIED in its entirety; Dft’s Motion to dismiss Government’s 5/15/97 Notice of Intent to Seek Death Penalty [196–1] is GRANTED in part and DENIED in part (by 11/14/97 the govt shall disclose to the dft the precise acts and/or events for which it contends the dft lacks remorse;) Govts’ request for leave to amend the Death Penalty Notice is GRANTED; The amended notice shall be filed no later than 3:30 p.m. 11/10/97 [97–1] (cc: all counsel) (rgd) ## | web.archive.org |
| — | 11/7/97 | LODGED Govts’ proposed instruction to venire by pltf USA (rgd) ## | |
| 311 | 11/7/97 | ORDER by Judge Garland E. Burrell: Dft’s motion for reconsideration [176–1] GRANTED; Dft’s motion to suppress evidence or, alternatively, for a Franks hearing is DENIED; Dft’s motion to supplement the record is GRANTED (cc: all counsel) (rgd) ## | web.archive.org |
| 312 | 11/10/97 | NOTICE OF MOTION AND MOTION for attorney conducted voir dire by defendant Theodore John Kaczynski; hearing set for 9:00am on 11/12/97 (dmb) ## | web.archive.org |
| 313 | 11/10/97 | NOTICE by plaintiff USA to seek the death penalty (dmb) ## | web.archive.org |
| 314 | 11/10/97 | BRIEF by plaintiff USA re: jury voir dire (dmb) ## | web.archive.org |
| — | 11/10/97 | LODGED ORDER Stipulation & Order to dismiss prospective jurors for hardship or other good cause by plaintiff USA (dmb) ## | |
| 315 | 11/12/97 | PROPOSED Voir Dire by plaintiff USA (dmb) ## | web.archive.org |
| 316 | 11/12/97 | RESPONSE by plaintiff USA to motion for attorney conducted voir dire by defendant Theodore John Kaczynski [312–1] (dmb) ## | web.archive.org |
| 317 | 11/10/97 | NOTICE OF MOTION AND MOTION to seek jury input re court hours & holiday schedule by defendant Theodore John Kaczynski; hearing set for 9:00am on 11/12/97 (dmb) ## | web.archive.org |
| 318 | 11/12/97 | OBJECTIONS by defendant Theodore John Kaczynski to govt’s proposed voire dire questions [315–1] (dmb) ## | web.archive.org |
| 319 | 11/10/97 | MINUTES before Judge Garland E Burrell: conference call re: jury selection C/R Susan Vaughan (dmb) ## | web.archive.org |
| 320 | 11/12/97 | ORDER by Judge Garland E. Burrell: the Government is directed to file its supplemental 404(b) brief under SEAL by 11/17/97 (cc: all counsel) (kdc) ## | web.archive.org |
| 321 | 11/12/97 | ORDER by Judge Garland E. Burrell: for reasons stated in the order filed 11/4/97, authorizing the transcription and filing portions of another chambers conference held in this action, the Court reporter has been directed to file portions of the chambers conference conducted on 11/10/97 no later than 11/13/97 (cc: all counsel) (kdc) ## | web.archive.org |
| 322 | 11/12/97 | ORDER by Judge Garland E. Burrell; pltf and dft Theodore John Kaczynski by their attorneys hereby stipulate that the prospective jurors designated by their original juror number shall be discharged for hardship or other good cause (cc: all counsel) (dn) ## | web.archive.org |
| — | 11/12/97 | LODGED Document: findings & order; not to be used (dmb) ## | |
| 323 | 11/12/97 | OPPOSITION by defendant Theodore John Kaczynski in 2:96-cr-00259 to motion by USA to preclude dft from relying on expert mental health testimony at guilt phase and TO REQUIRE dft to undergo mental exam before sentencing in 2:96-cr-00259 (dn) ## | web.archive.org |
| 324 | 11/12/97 | ORDER by Magistrate Judge Gregory G Hollows ORDERING: the United States shall disclose the redacted information as described; the submission of in camera documents given to the court & which this court has reviewed shall be filed under seal & not disclosed for public review until further order of the court (cc: all counsel) (dmb) ## | web.archive.org |
| 325 | 11/12/97 | MINUTES before Judge Garland E Burrell: jury selection; lunch recess; resume jury selection; recess to 11/13/97; C/Rs (am) Susan Vaughan, Dennis Mckinnon; (pm) Kelly O’Halloran & Susan Vaughan; trial began (dmb) ## | web.archive.org |
| 326 | web.archive.org | ||
| 327 | 11/13/97 | TRANSCRIPT of 11/10/97 hearing on telephonic conference by C/R Susan Vaughan (rgd) ## | |
| 328 | 11/14/97 | MINUTES before Judge Garland E. Burrell of JURY SELECTION — 2nd Day; 9:00 a.m. Jury selection, Jurors 16, 19, 21, 22 excused; 12:30 lunch; 1:30 resume, Jurors 24, 25, 15 excused; Counsel to submit for cause challenges by 11/17/97 by 4:30 p.m. Replys to be filed by 11/19/97 at 4:30 p.m. Argument will be held 11/21/97 at 1:00p.m. 4:15 recess to 11/17/97 at 9:00 a.m. C/R (morning session) Kelly O’Halloran / Dennis McKinnon; (afternoon session) Susan Vaughan / Kelly O’Halloran (rgd) ## | web.archive.org |
| 329 | 11/14/97 | MEMORANDUM by plaintiff USA titled “Reply Brief” in support of its motion to preclude dft from relying on expert mental of its motion to preclude dft from relying on expert mental health testimony at guilt phase of trial [305–1] (rgd) ## | web.archive.org |
| 330 | web.archive.org | ||
| 330 | 11/14/97 | SEALING ORDER by Judge Garland E. Burrell: pursuant to Court’s 11/12/97 order Govt’s unredacted Supplemental Brief In Support of its Motion in Limine for Admission of Evidence under 404(b); Said document filed under seal this date 11/14/97 (cc: all counsel) (rgd) ## | web.archive.org |
| 331 | 11/14/97 | BRIEF by defendant Theodore John Kaczynski re: voir dire (rgd) ## | web.archive.org |
| 341 | 11/14/97 | LETTER to court from counsel Robert Cleary for plaintiff USA re: violation of protective order (rgd) ## | web.archive.org |
| 332 | 11/17/97 | TRANSCRIPT of 11/12/97 hearing on Jury Trial Vol 1 by C/R Susan Vaughan; Dennis McKinnon; Kelly O’Halloran (dmb) ## | |
| 333 | 11/17/97 | NOTICE OF MOTION AND MOTION & BRIEF to excuse for cause juror nos 11, 14, 17, 18 & 29 by defendant Theodore John Kaczynski hearing set for 1:00pm on 11/21/97 (dmb) ## | web.archive.org |
| 334 | 11/17/97 | NOTICE OF MOTION AND MOTION to strike juror no 30 by USA as to Theodore John Kaczynski hearing set for 1:30pm on 11/21/97 (dmb) ## | web.archive.org |
| 335 | 11/17/97 | LETTER to Mssrs. Seave and Cleary from the Honorable Gregory G Hollows (rgd) ## | web.archive.org |
| 336 | 11/17/97 | MINUTES before Judge Garland E. Burrell of 11/17/97 jury selection; C/R Vaughan and McKinnon — a.m., O’Halloran and Vaughan — p.m.; Jurors 28 26, 45, 47 excused; recess to 11/18/97 at 9:00 a.m. (rgd) ## | web.archive.org |
| 337 | 11/18/97 | SUPPLEMENTAL BRIEF by plaintiff USA in support of its motion to preclude [305–1] (rgd) ## | web.archive.org |
| 338 | 11/18/97 | SUPPLEMENTAL BRIEF by defendant Theodore John Kaczynski IN OPPOSITION to Govt’s motion to preclude mental health testimony at guilt phase of trial [305–1] (rgd) ## | web.archive.org |
| 339 | 11/18/97 | MINUTES of 4th day Jury Selection before Judge Garland E. Burrell; Jurors 42, 49, 54, 36, 60, 61, 63 excused; Counsel to submit for cause challenges re: jurors appearing 11/17/97 and 11/18/97 by 4:30 on 11/19/97; Replies due 4:30 p.m. on 11/20/97; Counsel to submit briefs re: sidebar conferences by 11/24/97; Recess to 11/19/97 at 9:00 a.m. C/R O’Halloran / Vaughan (a.m.) McKinnon / O’Halloran (p.m.) (rgd) ## | web.archive.org |
| 340 | 11/19/97 | STIPULATION and order by Judge Garland E. Burrell: lodged order motion [0–0] GRANTED: It is hereby stipulated that the jury commissioner shall make available for the parties’ inspection the race and ethnicity of the jurors whom the jury commissioner excused for hardship (rgd) ## | web.archive.org |
| 342 | 11/19/97 | RESPONSE in opposition by defendant Theodore John Kaczynski to motion to strike juror no 30 by USA [334–1] (rgd) ## | web.archive.org |
| 343 | 11/19/97 | RESPONSE IN OPPOSITION by plaintiff USA to motion to excuse jurors 11, 14, 17, 18 & 29 for cause by defendant Theodore John Kaczynski [333–1] (rgd) ## | web.archive.org |
| 344 | 11/19/97 | NOTICE OF MOTION AND MOTION to excuse jurors 43 and 53 for cause by USA as to Theodore John Kaczynski; Hearing set for 1:00 p.m. 11/21/97 before the Honorable Garland E Burrell (rgd) ## | web.archive.org |
| 345 | 11/19/97 | NOTICE OF MOTION AND MOTION to excuse jurors 13, 40, 51, 62 for cause by defendant Theodore John Kaczynski Hearing set for 1:30 11/21/97 before the Honorable Garland E Burrell (rgd) ## | web.archive.org |
| 346 | 11/19/97 | Govts’ RESPONSE TO dft’s SUPPLEMENTAL BRIEF in opposition to motion by USA to preclude dft from relying on expert mental health testimony at guilt phase and to require dft to undergo mental exam before sentencing [305–1] (rgd) ## | web.archive.org |
| 347 | 11/20/97 | COURT NOTICE: The time for the hearing on Govts’ motion to preclude expert mental health testimony at guilt phase and the hearing re for cause challenges has been changed to 1:30 p.m. 11/21/97 [305–1] [344–1] [334–1] (rgd) ## | web.archive.org |
| 348 | 11/20/97 | TRANSCRIPT 11/13/97 Jury Trial; Volume 2, pp. 198–417 by C/R O’Halloran, McKinnon, Vaughan (rgd) ## | |
| 349 | 11/20/97 | TRANSCRIPT of 11/17/97 Jury Trial; Volume 3, pp. 418–650 by C/R Vaughan, O’Halloran, McKinnon (rgd) ## | |
| 350 | 11/20/97 | TRANSCRIPT of 11/18/97 Jury Trial; Volume 4, pp. 651–822 by C/R O’Halloran, Vaughan, McKinnon (rgd) ## | |
| 351 | 11/20/97 | MINUTES of Jury Selection day 5 before Judge Garland E. Burrell; Jurors 50,65,66,67,69,70,71,79,80 excused; Recess to 11/20/97 at 9:00 a.m. C/R Vaughan, McKinnon a.m. and O’Halloran, Vaughan p.m. (rgd) ## | web.archive.org |
| 352 | 11/20/97 | OPPOSITION by defendant Theodore John Kaczynski to motion to excuse jurors 43 and 53 for cause by USA [344–1] (dn) ## | web.archive.org |
| 353 | 11/20/97 | REPLY by dft Theodore John Kaczynski to response by USA to dfts’s supplemental brief in opposition to Govts’ motion to preclude dft from relying on expert mental health testimony at guilt phase and TO REQUIRE dft to undergo mental exam before sentencing [305–1] (rgd) ## | web.archive.org |
| 354 | 11/20/97 | OPPOSITION by plaintiff USA to motion to excuse jurors 13, 40, 51, 62 for cause by defendant Theodore John Kaczynski [345–1] (dmb) ## | web.archive.org |
| 355 | 11/20/97 | MINUTES of Jury Selection day 6 before Judge Garland E. Burrell; Jurors 86, 90, 94, 95, 96 excused; C/R O’Halloran / Vaughan a.m. and Dennis McKinnon p.m., Court recessed to 11/24/97 at 9:00 a.m. (rgd) ## | web.archive.org |
| 356 | 11/21/97 | MINUTES of 11/21/97 hearing before Judge Garland E. Burrell: Re Govts’ motion to preclude expert mental health testimony at guilt phase of trial, Counsel directed to meet and confer; Dft’s motion to challenge Jurors 11, 14, 17, 18, 29, 13, 40, 51, 62 GRANTED as to 17, 18, 29, 13 and DENIED as to 11, 14, 40, 51; Ruling reserved as to 62; Govt’s motion to challenge 30, 43, 53 DENIED as MOOT; C/R Susan Vaughan, Kelly O’Hallora (rgd) ## | web.archive.org |
| 357 | 11/24/97 | BRIEF re: release of sidebar conference trancripts by defendant Theodore John Kaczynski (rgd) ## | web.archive.org |
| 358 | 11/25/97 | MINUTES of 7th day jury trial before Judge Garland E. Burrell; Jurors 41, 93, 62, 99, 100, 44, 104, 106, 107, 108, 109 EXCUSED; Counsel to submit briefs re: for cause challenges as to jurors that appeared November 19th and 20th by 11/25/97, noon; Replies due 11/26/97 by 4:30 p.m. Counsel to submit briefs re: for cause challenges as to jurors that appeared November 24th — 26 by 12/2/97, 4:30 p.m.; HEARING SCHEDULED re: for cause challenges 12/5/97 at 1:30 p.m.; Recess to 11/25/97 at 9:00 a.m. C/R Bodine and McNamara a.m., Vaughan and Bodine p.m. (rgd) ## | web.archive.org |
| 360 | 11/25/97 | TRANSCRIPT of 11/20/97 Jury Trial, volume 6, by C/R Dennis McKinnon (kdc) ## | |
| 361 | 11/25/97 | TRANSCRIPT of 11/21/97 Jury Trial, volume 7, by C/R Kelly O’Halloran (kdc) ## | |
| 362 | 11/25/97 | NOTICE OF MOTION AND MOTION to excuse for cause juror numbers 72 & 74 by defendant Theodore John Kaczynski; hearing set for 1:30pm on 12/5/97 (dmb) ## | web.archive.org |
| 363 | 11/25/97 | WAIVER of dft’s presence during jury selection by defendant Theodore John Kaczynski (dmb) ## | web.archive.org |
| 364 | 11/26/97 | TRANSCRIPT of 11/24/97 on jury trial; C/R McNamara, Bodene and Vaughan (de) ## | |
| 365 | 11/25/97 | MINUTES of Jury Selection 8th Day before Judge Garland E Burrell: juror #‘s 81, 110, 111, 112, 113 & 138 were excused; court heard further argument regarding the govt’s motion to exclude expert mental health testimony; lunch recess; resume jury selection, juror #‘s 115, 119 were excused; recess; dft waived his presence from court proceedings on 11/26/97; C/R Peggy McNamara, Susan Vaughan, Kathy Bodene (dmb) ## | web.archive.org |
| 366 | 11/26/97 | OPPOSITION by plaintiff USA to motion to excuse for cause juror numbers 72 & 74 by defendant Theodore John Kaczynski [362–1] (kh) ## | web.archive.org |
| 367 | 11/26/97 | MINUTES of 9th day Jury Selection before Judge Garland E. Burrell; Jurors 125, 130 excused; Recess to 12/1/97 at 9:00 a.m. C/R Vaughan and Bodine (a.m.) McNamara and Vaughan (p.m.) (rgd) ## | web.archive.org |
| 368 | 12/1/97 | CJA FORM 24 (Authorization and Voucher for Transcript Payment) for Theodore John Kaczynski (rgd) ## | web.archive.org |
| 369 | 12/1/97 | MINUTES of 10th Day Jury Selection before Judge Garland E. Burrell; Jurors 139, 27, 129, 145, 150, excused; Recess to 12/2/97 at 9:00 a.m. C/R Bodine, McKinnon (a.m.) McNamara, Vaughan (p.m.) (rgd) ## | web.archive.org |
| 370 | 12/2/97 | TRANSCRIPT of Jury Trial 11/25/97, Vol 9, pp.1453–1680 by C/R McNamara, Vaughan, Bodene (rgd) ## | |
| 371 | 12/2/97 | TRANSCRIPT of Jury Trial 11/26/97, Vol 10, pp. 1681–1965 by C/R Vaughan, Bodene, McNamara (rgd) ## | |
| 372 | 12/2/97 | SUPPLEMENTAL BRIEF by plaintiff USA in support of its motion to require the dft to undergo a mental examination before sentencing [305–1] (dmb) ## | web.archive.org |
| 373 | 12/2/97 | NOTICE OF MOTION AND MOTION to excuse for cause jurors 103, 105, 121, 126, 127, 131, 133, 140 by defendant Theodore John Kaczynski Hearing set for 1:30 12/5/97 before the Honorable Garland E Burrell (rgd) ## | web.archive.org |
| 374 | 12/2/97 | MINUTES of Jury Selection Day 11 before Judge Garland E Burrell: jury selection; juror #‘s 151, 153, 156, 72, 167, 173, 181 & 189 were excused; lunch recess; juror #‘s 163 & 164 were excused; recess to 12/3/97; C/R (am) Kathy Bodine & Peggy McNamara (pm) Dennis McKinnon & Susan Vaughan (dmb) ## | web.archive.org |
| 375 | 12/3/97 | CERTIFIED copy of judgment from 9th Circuit appeal [225–1] DISMISSED; appellant’s alternative petition for writ of mandamus is DENIED (cc: all counsel) (dmb) ## | web.archive.org |
| 376 | 12/3/97 | MINUTES of 12th day Jury Selection before Judge Garland E. Burrell: Jurors 117, 194, 185, 171, 172, 176 excused; Motions to excuse jurors that appeared on 12/1/97 and 12/2/97 are due 12/5/97, w / replies due 12/9/97; Motions to excuse jurors that appeared on 12/3/97 and 12/4/97 are due 12/9/97, w / replies due 12/11/97; Motions to excuse jurors that appeared on 12/8, 12/9, 12/10, 1997 are due 12/12/97, w / replies due 12/15/97; Counsel to submit proposed voir dire by 12/15/97; Recess to 12/4/97; C/R McNamara, Bodine (a.m.) McKinnon, Vaughan (p.m.) (rgd) ## | web.archive.org |
| 377 | 12/5/97 | TRANSCRIPT of 12/1/97 hearing on Jury Trial Vol 11 by C/R Catherine Bodene, Dennis McKinnon, Margaret McNamara & Susan Vaughan (dmb) ## | |
| 378 | 12/5/97 | TRANSCRIPT of 12/2/97 hearing on Jury Trial Vol 12 by C/R Catherine Bodene, Margaret McNamara, Dennis McKinnon & Susan Vaughan (dmb) ## | |
| 379 | 12/4/97 | MINUTES of Jury Selection 13th Day before Judge Garland E Burrell; jury selection Juror #‘s 192, 197, 159 & 182 were excused; lunch recess; resume jury selection; recess to 12/8/97 at 9:00am C/R (am) Kathy Bodene & Dennis McKinnon (pm) Peggy McNamara & Susan Vaughan (dmb) ## | web.archive.org |
| 380 | 12/5/97 | OPPOSITION by plaintiff USA to dft’s motion to excuse for cause jurors 103, 105, 121, 126, 127, 131, 133, 140 by defendant Theodore John Kaczynski [373–1] (dmb) ## | web.archive.org |
| 381 | 12/5/97 | MOTION (not noticed) to excuse for cause jurors 124, 152, 155 by defendant Theodore John Kaczynski (rgd) ## | web.archive.org |
| 382 | 12/5/97 | BRIEF by defendant Theodore John Kaczynski in response to questions re: penalty phase notice (mp) ## | web.archive.org |
| 383 | 12/5/97 | MOTION to excuse jurors 144, 146, 157 by USA as to Theodore John Kaczynski (mp) ## | web.archive.org |
| 384 | 12/8/97 | MINUTES of Jury Selection Day 14 before Judge Garland E Burrell: jury selection: juror #‘s 166, 198, 200, 202, 32, 103, 105, 127 & 140 were excused; lunch recess; resume jury selection; juror #201 was excused; recess; C/R (am) Kelly O’Halloran & Dennis McKinnon (pm) Kathy Bodene & Kelly O’Halloran (dmb) ## | web.archive.org |
| 385 | 12/9/97 | TRANSCRIPT of 12/3/97 hearing on Jury Trial Vol 13; C/R McNamara, Catherine Bodene, Dennis McKinnon & Susan Vaughan (dmb) ## | |
| 386 | 12/9/97 | TRANSCRIPT of 12/4/97 hearing on Jury Trial Vol 14 by C/R Catherine Bodene, Dennis McKinnon, M McNamara & Susan Vaughan (dmb) ## | |
| 387 | 12/3/97 | CJA FORM 24 (Authorization and Voucher for Transcript Payment) for Theodore John Kaczynski (dmb) ## | web.archive.org |
| 388 | 12/9/97 | OPPOSITION by defendant Theodore John Kaczynski to motion to excuse jurors 144, 146, 157 by USA [383–1] (dmb) ## | web.archive.org |
| 389 | 12/9/97 | NOTICE OF MOTION AND MOTION to excuse for cause juror #‘s 169, 170, 183, 184, 186, 188, & 190 by defendant Theodore John Kaczynski (dmb) ## | web.archive.org |
| 390 | 12/9/97 | OPPOSITION by plaintiff USA to motion to excuse for cause jurors 124, 152, 155 by defendant Theodore John Kaczynski [381–1] (de) ## | web.archive.org |
| 391 | 12/10/97 | MINUTES of Jury Selection day 15 before Judge Garland E. Burrell; Jurors 208, 209, 213, 215, 233, 34, 191, 210, 220, 221, 229, 234, 235, 216, 217 excused; Recess to 11/10/97 at 9:00 a.m. C/R McKinnon and Bodine (a.m.) McKinnon (p.m.) (rgd) ## | web.archive.org |
| 392 | 12/10/97 | MINUTES before Judge Garland E Burrell: jury selection juror #‘s 242, 243, & 247 were excused; lunch recess; resume jury selection; juror #‘s 236, 124, 152, 155 & 157 were excused; recess to 12/18/97 at 9:00am; C/R (am) Kathy Bodene & Dennise McKinnon (pm) Kelly O’Halloran & Kathy Bodine (dmb) ## | web.archive.org |
| 393 | 12/11/97 | RESPONSE IN OPPOSITION by plaintiff USA to motion to excuse for cause juror #‘s 169, 170, 183, 184, 186, 188, & 190 by defendant Theodore John Kaczynski [389–1] (rgd) ## | web.archive.org |
| 394 | 12/12/97 | TRANSCRIPT of 12/9/97 hearing on jury trial volume 16 by C/R Dennis McKinnon, Catherine Bodene and Kelly O’Halloran (de) ## | |
| 395 | 12/12/97 | TRANSCRIPT of 12/8/97 hearing on Jury Trial Volume 15 by C/R Kelly O’Halloran, Dennis McKinnon and Catherine Bodene (de) ## | |
| 396 | 12/12/97 | TRANSCRIPT of 12/10/97 hearing on Jury Trial Volume 17; by C/R Catherine Bodene, Dennis McKinnon and Kelly O’Halloran (de) ## | |
| 397 | 12/12/97 | MOTION AND BRIEF to excuse for cause juror numbers 147, 212, 222, 238 and 244 by defendant Theodore John Kaczynski (de) ## | web.archive.org |
| 398 | 12/12/97 | NOTICE OF MOTION AND MOTION to excuse for cause juror no’s 203 & 228 by USA as to Theodore John Kaczynski (dmb) ## | web.archive.org |
| 399 | 12/11/97 | Order from Circuit Court: this petition for writ of mandamus raises issues that warrant a response; within 14 days of this order real parties in interes shall file a response; the district court may file a response if it so desires; petitioner may file a reply within 7 days of service of the response (dmb) ## | web.archive.org |
| 400 | 12/15/97 | NOTICE to all counsel of receipt of Ninth Circuit Court of Appeals Order [399–1] (dmb) ## | web.archive.org |
| 401 | 12/15/97 | ORDER by Judge Garland E Burrell ORDERING: motion to excuse for cause juror #‘s 169, 170, 183, 184, 186, 188, & 190 by defendant Theodore John Kaczynski [389–1] is DENIED (cc: all counsel) (dmb) ## | web.archive.org |
| 402 | 12/15/97 | OPPOSITION by defendant Theodore John Kaczynski to motion to excuse for cause juror no’s 203 & 228 by USA [398–1] (kdc) ## | web.archive.org |
| 403 | 12/15/97 | OPPOSITION by defendant Theodore John Kaczynski to motion to excuse for cause juror numbers 147, 212, 222, 238 and 244 [397–1] (kdc) ## | web.archive.org |
| 404 | 12/16/97 | MINUTES before Judge Garland E. Burrell: the court and parties agree that the hearing currently scheduled for 12/18/97 is unnecessary and is hereby VACATED; the court finds that it need not rule on for cause challenges against Jurors 228, 238 and 244; defense motions to strike Jurors 147, 212, 222 is GRANTED [398–1]; government’s motion to excuse Juror 302 is DENIED [397–1]; hearing on pre-emptory challenges set for 9:00 12/22/97 for Theodore John Kaczynski C/R Susan Vaughan (kdc) ## | web.archive.org |
| 405 | 12/16/97 | ORDER by Judge Garland E Burrell ORDERING: in-court hearing on peremptory challenges set for 9:00am on 12/22/97 for Theodore John Kaczynski; further the parties should be prepared to argue whether the court has authority to compel Kaczynski to submit to a sentencing phase mental examination (cc: all counsel) (dmb) ## | web.archive.org |
| 406 | 12/17/97 | ORDER by Judge Garland E Burrell ORDERING: Juror 98 is excused for financial hardship reasons (cc: all counsel) (dmb) ## | web.archive.org |
| 407 | 12/17/97 | ORDER by Judge Garland E Burrell re: peremptory challenge strike sheet (cc: all counsel) (dmb) ## | web.archive.org |
| 408 | 12/17/97 | ORDER RELEASING TRANSCRIPTS OF SIDEBAR & CHAMBERS CONFERENCES by Judge Garland E Burrell ORDERING: both the sidebar conferences conducted during voir dire & the chambers conferences conducted to date shall be made public (cc: all counsel) (dmb) ## | web.archive.org |
| 409 | 12/17/97 | ORDER by Judge Garland E Burrell ORDERING: each party is directed to file a report no later than 12:00 noon on 12/19/97 in re sanctions to be imposed for dft’s refusal to submit to a court ordered mental examination (cc: all counsel) (dmb) ## | web.archive.org |
| 410 | 12/18/97 | ORDER by Judge Garland E Burrell re: modified version of the proposed preliminary jury instructions submitted by Kaczynski (cc: all counsel) (dmb) ## | web.archive.org |
| 411 | 12/18/97 | ORDER by Judge Garland E. Burrell ORDERING the clerk is directed to provisionally file the document received from defense counsel under seal, an in camera hearing was held 12/18/97, a further in camera hearing is set for 12/19/97 (cc: all counsel) (gk) ## | web.archive.org |
| 412 | web.archive.org | ||
| 412 | 12/18/97 | LETTER to court from counsel for defendant Theodore John Kaczynski in 2:96-cr-00259 cover sheet regarding letters from dft (document unsealed pursuant to Order [441–1]) (kb) ## | web.archive.org |
| 413 | 12/19/97 | STATUS REPORT by plaintiff USA of discussions concerning examination testing & sanctions (dmb) ## | web.archive.org |
| 414 | 12/19/97 | OPPOSITION to closed trial proceedings & documents by The Sacramento Bee (dmb) ## | web.archive.org |
| 415 | 12/19/97 | GOVERNMENT’S PROPOSED MODIFICATIONS and addition to dft’s preliminary jury instructions by plaintiff USA (kdc) ## | web.archive.org |
| 416 | 12/19/97 | ORDER by Judge Garland E. Burrell ORDERING sealing of in camera review documents; the News Media request for hearing on the matter is GRANTED; The News Media and any other interrested party is GRANTED leave to submit a brief addressing these issues by 12/29/97 [414–1] (cc: all counsel) (kdc) ## | web.archive.org |
| 417 | web.archive.org | ||
| 418 | 12/22/97 | ORDER by Judge Garland E Burrell ORDERING: the document presented to the Court during an ex parte in camera hearing is hereby ordered sealed; the clerk is directed to serve Charity Kenyon of the firm Diepenbrock Wulff Plant & Hannegan (cc: all counsel) (dmb) ## | web.archive.org |
| 420 | 12/22/97 | MINUTES before Judge Garland E Burrell: jury trial set for 8:00am on 1/5/98 for Theodore John Kaczynski; hearing on 404(b) evidence is set for 10:00am on 12/31/97 for Theodore John Kaczynski; the time for the hearing scheduled for 12/23/97 has been changed to 11:00am C/R Susan Vaughan (dmb) ## | web.archive.org |
| 421 | 12/23/97 | TRANSCRIPT of 12/11/97 hearing on Telephonic Conference by C/R Cathie Bodene (dmb) ## | |
| 422 | 12/23/97 | TRANSCRIPT of 12/16/97 hearing on Rulings & Cause Challenges by C/R Susan Vaughan (dmb) ## | |
| 423 | 12/23/97 | TRANSCRIPT of 12/19/97 hearing on Discussion following ex parte in camera hearing by C/R Susan Vaughan (dmb) ## | |
| 424 | 12/23/97 | TRANSCRIPT of 4/11/97 hearing on Discussion in Chambers by C/R Susan Vaughan (dmb) ## | |
| 425 | 12/23/97 | TRANSCRIPT of 4/18/97 hearing on Telephonic Conference by C/R Susan Vaughan (dmb) ## | |
| 426 | 12/23/97 | TRANSCRIPT of 8/28/97 hearing on Telephonic Conference by C/R Susan Vaughan (dmb) ## | |
| 427 | 12/23/97 | TRANSCRIPT of 9/4/97 hearing on Telephonic Conference by C/R Susan Vaughan (dmb) ## | |
| 428 | 12/23/97 | TRANSCRIPT of 9/5/97 hearing on Two Telephonic Conferences by C/R Susan Vaughan (dmb) ## | |
| 429 | 12/23/97 | TRANSCRIPT of 9/22/97 hearing on Telephonic Conference by C/R Susan Vaughan (dmb) ## | |
| 430 | 12/23/97 | TRANSCRIPT of 9/26/97 hearing on Conference In Chambers by C/R Susan Vaughan (dmb) ## | |
| 431 | 12/23/97 | TRANSCRIPT of 10/1/97 hearing on Chambers Conference by C/R Susan Vaughan (dmb) ## | |
| 432 | 12/23/97 | TRANSCRIPT of 10/3/97 hearing on Telephonic Conference by C/R Susan Vaughan (dmb) ## | |
| 433 | 12/23/97 | TRANSCRIPT of 10/15/97 hearing on Telephonic Conference by C/R Susan Vaughan (dmb) ## | |
| 434 | 12/23/97 | TRANSCRIPT of 11/10/97 hearing on Final Portion of telephonic conference by C/R Susan Vaughan (dmb) ## | |
| 435 | 12/23/97 | TRANSCRIPT of 11/17/97 & 12/5/97 hearing on Previously redacted bench conferences by C/R Susan Vaughan, Kelly O’Halloran, Dennis McKinnon, Catherine Bodene & Margaret McNamara (dmb) ## | |
| 436 | 12/23/97 | MINUTES before Judge Garland E Burrell: motion for mental exam & for sanctions taken under submission; court will issue a written ruling; court set futher ex parte in camera hearing for 12/24/97 at 2:00PM C/R Susan Vaughan (dmb) ## | web.archive.org |
| 437 | 12/23/97 | PROOF OF SERVICE of objection [414–1] (ndd) ## | web.archive.org |
| 438 | 12/23/97 | TRANSCRIPT of 9/2/97 hearing on Status Conference by C/R Kelly O’Halloran (dmb) ## | |
| 439 | 12/23/97 | ORDER by Judge Garland E Burrell ORDERING: for the reasons stated at the hearing on 12/23/97 dft Theodore Kaczynski is required to serve notice to the govt in the event he intends to rely on mental health expert testimony in the sentencing phase of the trial if that phase should be necessary; in addition the statement should briefly describe the nature & duration of any such interaction with Kaczynski; this notice shall be served on the govt within 10 calendar days from the date this order is filed (cc: all counsel) (dmb) ## | web.archive.org |
| 440 | 12/24/97 | MINUTES of proceedings of conference call on further ex parte in camera hearing before Judge Garland E. Burrell in-court hearing on motion to unseal transcripts set for 1:00 12/31/97 for Theodore John Kaczynski All interested parties seeking to unseal trancripts and documents shall file objections by 12/29/97 at 4:30 p.m.; defendants’ response to be filed by 12/30/97 at 4:30: Defense counsel stipulate to excuse juror #180 for financial hardship reasons C/R Susan Vaughan (gm) ## | web.archive.org |
| 441 | 12/24/97 | ORDER by Judge Garland E. Burrell ORDERING the cover letter that accompanied the letters Kaczynski submitted on 12/18/97 is unsealed; if either the government or an interested memeber of the public or media believes that the documents provisionally sealed or the remaining sealed portions of the transcripts should be made part of the public record at this time, that party shall file a brief in support of its position no later than 4:30pm on 12/29/97; Kaczynski’s reply, if any, shall be filed no later than 4:30pm on 12/30/97; a hearing on this issue is scheduled for 12/31/97 at 1:00pm (cc: all counsel) (kb) ## | web.archive.org |
| 443 | 12/26/97 | TRANSCRIPT of 12/18/97 hearing on Ex parte Telephonic by C/R Susan Vaughan (dmb) ## | |
| 444 | 12/26/97 | TRANSCRIPT of 12/19/97 hearing on Ex parte in camera hearing (redacted) by C/R Susan Vaughan (dmb) ## | |
| 445 | 12/26/97 | TRANSCRIPT of 12/22/97 hearing on Ex Parte in camera hearing (redacted) by C/R Susan Vaughan (dmb) ## | |
| 446 | 12/26/97 | ORDER by Judge Garland E Burrell regarding the ex parte in camera telephonic conference held on 12/24/97 (cc: all counsel) (dmb) ## | web.archive.org |
| 447 | 12/29/97 | NOTICE OF WITHDRAWAL by defendant Theodore John Kaczynski of FRCrP 12.2(b) Notice [128–1] (dmb) ## | web.archive.org |
| 448 | 12/29/97 | PETITION FOR A HEARING to determine if dft wishes to speak with Christine Craft or in the alternative to order the defense counsel to place Craft’s name on the vistors’ list by The Sacramento News & Review & Christine Craft (dmb) ## | web.archive.org |
| 449 | 12/29/97 | AFFIDAVIT & PETITION FOR A HEARING to determine if dft wishes to speak with Christine Craft or in the alternative to order the defense counsel to place Craft’s name on the vistors’ list by the Sacramento News & Review & Christine Craft (dmb) ## | web.archive.org |
| 450 | 12/29/97 | BRIEF by plaintiff USA addressing the Court’s in camera ex parte contacts with dft (dmb) ## | web.archive.org |
| 451 | 12/29/97 | OBJECTIONS by the Sacramento Bee to in camera hearing & sealing of transcript (dmb) ## | web.archive.org |
| 452 | 12/29/97 | MINUTES before Judge Garland E Burrell: court reviews juror #180’s request to be excused for financial reasons; parties stipulate to excuse juror #180; juror excused; court reviews juror #82’s request to be excused for financial hardship reasons; parties authorize judge to communicate with juror’s potential employer to determine whether the hardship could be alleviated C/R Susan Vaughan (dmb) ## | web.archive.org |
| 453 | 12/30/97 | MINUTES before Judge Garland E Burrell: the court reports its findings as to the jury service policy of juror #82’s employer; the defense & the gov stipulate to excuse the juror for financial hardship C/R Susan Vaughan (dmb) ## | web.archive.org |
| 454 | 12/30/97 | RESPONSE by defendant Theodore John Kaczynski to the petition of the Sacramento News & Review & Christine Craft [449–1], to [448–1] (dmb) ## | web.archive.org |
| 455 | 12/30/97 | PROOF OF SERVICE of petition for hearing to determine if dft wishes to speak with Christine Craft or in the alternative to order the defense counsel to place Crafts’ name on the vistors list by Christine Craft [448–1] (dmb) ## | web.archive.org |
| 456 | 12/30/97 | PROOF OF SERVICE of petition for a hearing to determine if dft wishes to speak with Christine Craft or in the alternative to order the defense counsel to place Crafts name on the vistors list by Christine Craft [449–1] (dmb) ## | web.archive.org |
| 457 | 12/30/97 | BRIEF by defendant Theodore John Kaczynski re continued sealing of unredacted transcripts & documents relating to attorney-client matters (dmb) ## | web.archive.org |
| 458 | 12/31/97 | ORDER by Judge Garland E Burrell ORDERING: for the reasons stated at the hearing on 12/31/97 the Court hereby files a redacted copy of the letter brief submitted to the Court by defense counsel on 12/19/97 (cc: all counsel) (dmb) ## | web.archive.org |
| 459 | 12/31/97 | MINUTES before Judge Garland E Burrell: motion to unseal transcripts DENIED; motion to unseal documents GRANTED IN PART; counsel stipulated to resolve 404(b) evidence of uncharged bombs C/R Susan Vaughan (dmb) | web.archive.org |
| 460 | 1/2/98 | MINUTES before Judge Garland E Burrell RE meeting with counsel to review the medium used to display courtroom exhibits and opening statements; parties provided leave to file brief on opening statements C/R Susan Vaughn (kh) ## | web.archive.org |
| 461 | 1/2/98 | MOTION in limine to preclude dft from introducting non-expert testimony to show that the dft has a mental defect by USA; hearing set for 8:00 1/5/98 (kh) ## | web.archive.org |
| 462 | 1/5/98 | OPPOSITION by defendant Theodore John Kaczynski to motion in limine to preclude dft from introducting non-expert testimony to show that the dft has a mental defect by USA [461–1] (dmb) ## | web.archive.org |
| 463 | 1/5/98 | MINUTES before Judge Garland E Burrell: court held ex parte in camera hearing in chambers; motion in limine to preclude dft from introducting non-expert testimony to show that the dft has a mental defect by USA [461–1] & motion in limine for admission of evidence under FREvid 404(B) by USA [118–1]; HEARING SET FOR 4:00pm on 1/7/98; trial continued to 1/8/98 at 8:00am; C/R Susan Vaughan, Kelly O’Halloran & Dennis McKinnon (dmb) ## | web.archive.org |
| 464 | 1/5/98 | ORDER by Judge Garland E Burrell in re: sealing document presented during in camera hearing (cc: all counsel) (dmb) ## | web.archive.org |
| 466 | 1/6/98 | TRANSCRIPT of 12/22/97 hearing on Jury Trial Vol 21 by C/R Susan Vaughan (dmb) ## | |
| 467 | 1/6/98 | REPLY to response of dft to the petition of the Sacramento News & Review & Christine Craft [454–1] (dmb) ## | web.archive.org |
| 468 | 1/6/98 | ORDER by Judge Garland E. Burrell ORDERING an Ex Parte and In Camera hearing is set for 1:30 1/7/98 for Theodore John Kaczynski; due to the sensitve nature of the information expected to be disclosed, the hearing is closed to the public and government (cc: all counsel) (kh) ## | web.archive.org |
| 469 | 1/7/98 | SECOND BRIEF by plaintiff USA addressing the court’s in camera, ex parte contacts with the dft (dmb) ## | web.archive.org |
| 470 | 1/7/98 | MINUTES before Judge Garland E Burrell: 1:30pm govt not present; ex parte in camera hearing with defense counsel & the dft; 3:00pm recess; 4:00pm all counsel present: public hearing regarding status of dft’s counsel; dft’s request to substitute new counsel was denied; govt’s motion in limine regarding mental staus defense denied; govt’s motion to exclude statements denied; dft’s motion to exclude statements denied; 4:45pm recess to 1/8/98 at 8:00am C/R Kelly O’Halloran (dmb) ## | web.archive.org |
| 471 | 1/7/98 | LETTER to court from J Tony Serra re: offering to stand as counsel for dft Theodore Kaczynski if present counsel is recused (dmb) ## | web.archive.org |
| 472 | 1/8/98 | MINUTES before Judge Garland E. Burrell of jury trial; dft request to proceed In Pro Per, Kevin Clymo appeared as conflicts attorney, dft to be examined by mental health experts, counsel to submit list of proposed doctors by 1/9/98, if counsel cannot agree an in-court hearing is set for 4:00 1/9/98 C/R Susan Vaughn, Kelley O’Halloran, Dennis McKinnon (kh) ## | web.archive.org |
| 473 | 1/8/98 | CJA FORM 24 (Authorization and Voucher for Transcript Payment) for Theodore John Kaczynski (kh) ## | web.archive.org |
| 474 | 1/8/98 | PROOF OF SERVICE of reply [467–1] (dmb) ## | web.archive.org |
| 475 | 1/8/98 | PROOF OF SERVICE of reply [467–1] (dmb) ## | web.archive.org |
| 476 | 1/9/98 | TRANSCRIPT of 1/5/98 hearing on Jury Trial Vol 22 by C/R Susan Vaughan, Kelly O’Halloran & Dennis McKinnon (dmb) ## | |
| 477 | 1/9/98 | ORDER by Judge Garland E Burrell ORDERING: dft’s request for substitution of counsel is DENIED (cc: all counsel) (dmb) ## | web.archive.org |
| 478 | 1/9/98 | ORDER by Judge Garland E Burrell ORDERING: Sacramento News & Review’s petition for a hearing to determine if dft wishes to speak with a reporter covering the story on its behalf or alternatively to place reporter’s name on the list of individuals authorized to see dft at the Sacramento County Jail is DENIED (cc: all counsel) (dmb) ## | web.archive.org |
| 479 | 1/9/98 | ORDER by Judge Garland E Burrell ORDERING: this order directs the filing of the letter brief submitted to chambers by the gov on 11/21/97 (cc: all counsel) (dmb) ## | web.archive.org |
| 480 | 1/9/98 | LETTER to court from counsel for plaintiff USA re: dft’s opposition to motion to preclude expert mental health testimony at guilt phase sentencing (dmb) ## | web.archive.org |
| 481 | 1/9/98 | ORDER by Judge Garland E. Burrell ORDERING dft Kaczynski be examined by Bureau of Prisons physicians and others authorized by such physicians to determine his mental competency to stand trial; examinations to commence on 1/12/98 not exceed thirty days and a report be filed under seal with the court (cc: all counsel) (kh) ## | web.archive.org |
| 482 | 1/9/98 | MINUTES before Judge Garland E. Burrell of Status Hearing re Mental Examination: court ordered mental exam of dft, competency hearing set for 8:00 1/22/98 for Theodore John Kaczynski C/R Kelly O’Halloran (kh) ## | web.archive.org |
| 483 | 1/12/98 | ORDER by Judge Garland E Burrell re: mental exam of dft Kaczynski supplementing court order filed 1/9/98 (cc: all counsel) (dmb) ## | web.archive.org |
| 484 | 1/12/98 | ORDER by Judge Garland E Burrell re: jury instruction & status of the trial (cc: all counsel) (dmb) ## | web.archive.org |
| 485 | 1/12/98 | MINUTES before Judge Garland E Burrell: conference call regarding communication with the jury & regarding court’s intention to issue supplemental order regarding competency hearing C/R Dennis McKinnon (dmb) ## | web.archive.org |
| 486 | 1/13/98 | ORDER by Judge Garland E Burrell ORDERING: trial counsel for dft are directed to immediately provide Dr Sally Johnson with copies of each of the letters submitted to the Court under seal by dft & all of the transcripts of ex parte & in camera proceedings; if Dr Johnson desires to include sealed matters in her competency report that trial counsel for dft contend should not be made known to the govt; that aspect of the report will not be immediately be given to the govt; the govt will be provided the opportunity to petition the court for access to excluded materials later; however dft’s trial counsel & the Judge shall be given the competency report in its entirety (cc: all counsel) (dmb) ## | web.archive.org |
| 487 | 1/13/98 | MINUTES before Judge Garland E Burrell: conference call regarding documents to be provided to Dr Sally Johnson C/R Kelly O’Halloran (dmb) ## | web.archive.org |
| 488 | 1/14/98 | TRANSCRIPT of 1/7/98 hearing on Jury trial Vol 23 by C/R Kelly O’Halloran (dmb) ## | |
| 489 | 1/14/98 | TRANSCRIPT of 1/12/98 hearing on Jury Trial Vol 26 by C/R Dennis F McKinnon (dmb) ## | |
| 490 | 1/14/98 | TRANSCRIPT of 1/9/98 hearing on Jury Trial Vol 25 by C/R Kelly O’Halloran (dmb) ## | |
| 491 | 1/14/98 | TRANSCRIPT of 1/8/98 hearing on Jury Trial Vol 24 by C/R Susan Vaughan & Dennis McKinnon (dmb) ## | |
| 492 | 1/15/98 | TRANSCRIPT of 12/31/97 hearing on Motions to unseal transcripts by C/R Susan Vaughn (dmb) ## | |
| 493 | 1/15/98 | ORDER by Judge Garland E Burrell re: releasing redacted transcripts of ex parte in camera proceedings; the transcripts of the above- referenced proceedings are ordered released to the public in the redacted form to which defense counsel consent no later than 11:45am on 1/15/98 (cc: all counsel) (dmb) ## | web.archive.org |
| 495 | 1/15/98 | TRANSCRIPT of 12/24/97 hearing on In camera discussion (REDACTED) by C/R Susan Vaughan (dmb) ## | |
| 496 | 1/15/98 | TRANSCRIPT of 1/5/98 hearing on In camera discussion (REDACTED) by C/R Susan Vaughan, Kelly O’Halloran & Dennis McKinnon (dmb) ## | |
| 497 | 1/15/98 | TRANSCRIPT of 1/7/98 hearing on Jury Trial by C/R Kelly O’Halloran (dmb) ## | |
| 498 | 1/15/98 | NOTICE OF MOTION AND MOTION for a hearing on issues concerning the dft’s representation if he is found competent by USA as to Theodore John Kaczynski (dmb) ## | web.archive.org |
| 499 | 1/15/98 | MINUTES of Status Hearing before Judge Garland E Burrell: govt’s motion regarding representation; dft’s opposition is to be filed by 1/21/98 at 10:00am; govt’s reply is to be filed by 1/21/98 at 4:30pm; oral argument is scheduled for 01/22/98 at 8:00am; if the court issues an order on 1/20/98 briefs regarding the order are to be filed by 1/21/98 at 10:00am C/R Susan Vaughan (dmb) ## | web.archive.org |
| 500 | 1/20/98 | NOTICE OF MOTION AND MOTION to compel the govt to disclose the location & other relevant information about dft’s secret shack by defendant Theodore John Kaczynski hearing set for 2:00pm on 1/21/98 before Magistrate Judge Gregory G Hollows (dmb) ## | web.archive.org |
| 501 | 1/20/98 | TRANSCRIPT of 12/23/97 hearing on Discussion on motions for mental examination & sanctions by C/R Susan Vaughan (dmb) ## | |
| 502 | 1/20/98 | ORDER by Judge Garland E Burrell re: competency report, representation of dft & sealed transcripts (cc: all counsel) (dmb) ## | web.archive.org |
| 503 | 1/20/98 | ORDER by Judge Garland E Burrell ORDERING: this order files two reports provisionally under seal; an unredacted report & a redacted copy that reflects the dft’s position on portions of the report that should not be given to the govt; the govt was provided a redacted copy of the report (cc: all counsel) (dmb) ## | web.archive.org |
| 505 | 1/20/98 | MINUTES before Judge Garland E Burrell: status hearing regarding competency report; counsel stipulated that the dft is competent C/R Susan Vaughan (dmb) ## | web.archive.org |
| 506 | 1/20/98 | LETTER to court from Sally C Johnson MD re: psychiatric evaluation of dft (dmb) ## | web.archive.org |
| 507 | 1/20/98 | MINUTES before Judge Garland E Burrell: chambers conference regarding redactions to competency report (dmb) ## | web.archive.org |
| 508 | 1/20/98 | MINUTES before Judge Garland E Burrell: chambers conference; court order to follow (dmb) ## | web.archive.org |
| 509 | 1/20/98 | GOVERNMENT’S RESPONSE by plaintiff USA to motion to compel the govt to disclose the location & other relevant information about dft’s secret shack by defendant Theodore John Kaczynski [500–1] (kh) ## | web.archive.org |
| 510 | 1/20/98 | ORDER by Judge Garland E Burrell ORDERING: the parties are directed to identify the precise 404(b) purposes under which the evidence is being admitted together with their stipulation otherwise it may not be admitted (cc: all counsel) (dmb) ## | web.archive.org |
| 511 | 1/21/98 | TRANSCRIPT of 1/15/98 hearing on Scheduling & other matters by C/R Susan Vaughan (dmb) ## | |
| 512 | 1/21/98 | RESPONSE by defendant Theodore John Kaczynski to motion for a hearing on issues concerning the dft’s representation if he is found competent by USA [498–1] (dmb) ## | web.archive.org |
| 513 | 1/21/98 | BRIEF by plaintiff USA addressing the timeliness of the dft’s assertion of his right to represent himself & judicial estoppel (dmb) ## | web.archive.org |
| 514 | 1/21/98 | ORDER by Judge Garland E Burrell ORDERING: on 1/21/98 dft’s counsel submitted the attached cover letter enclosing a letter from Mr Kaczynski; the referenced letter from Mr Kaczynski is ordered provisionally sealed until further order of this court; the communication pertains to the 12.2(b) & self-representation issues (cc: all counsel) (dmb) ## | web.archive.org |
| 515 | web.archive.org | ||
| 515 | web.archive.org | ||
| 516 | 1/22/98 | TRANSCRIPT of 1/21/98 hearing on dft’s motion for disclosure by C/R Susan Vaughan (dmb) ## | |
| 517 | 1/22/98 | TRANSCRIPT of 1/20/98 hearing on Competency report & other matters by C/R Susan Vaughan (dmb) ## | |
| 518 | 1/22/98 | TRANSCRIPT of 1/13/98 hearing on telephonic conference by C/R Susan Vaughan (dmb) ## | |
| 519 | 1/21/98 | MINUTES before Magistrate Judge Gregory G Hollows: motion to compel the govt to disclose the location & other information about dft’s secret shack by defendant Theodore John Kaczynski [500–1] is GRANTED; the court ordered the govt to make initial disclosure today & full disclosure by 1/28/98 C/R Tape 1 of 1 (dmb) ## | web.archive.org |
| 520 | 1/22/98 | LETTER to dft Kaczinsky from atty J Tony Serra re: representation (dmb) ## | web.archive.org |
| 521 | 1/22/98 | MINUTES before Judge Garland E Burrell: hearing; govt’s motion regarding representation; the dft’s request to represent himself was DENIED; jury excused to 1/23/98; recess to 12:15pm; the dft executed a consent to transfer for plea & sentence under Rule 20 regarding CR 96–607 DRD from the District of New Jersey; the dft changed his plea to GUILTY to the charges in the indictment numbered CR 96–607 DRD; the dft changed his plea to GUILTY to the charges in the indictment numbered 2:96-cr-259 GEB; matter was referred to probation for presentence report; judgment & sentencing hearing scheduled for 5/15/98 at 1:30pm; recess; Theodore John Kaczynski enters guilty plea as charged in-court hearing held on 1/22/98; sentencing hearing set for 1:30pm on 5/15/98 for Theodore John Kaczynski C/R Susan Vaughan (dmb) ## | web.archive.org |
| 522 | 1/22/98 | SCHEDULE FOR DISCLOSURE OF PSR as to defendant Theodore John Kaczynski (dmb) ## | web.archive.org |
| 523 | 1/22/98 | PLEA Agreement as to Theodore John Kaczynski (dmb) ## | web.archive.org |
| 524 | 1/22/98 | JURY QUESTIONAIRE (dmb) ## | |
| 525 | 1/26/98 | TRANSCRIPT of 1/22/98 hearing on Jury Trial; discussions on motions and change of plea by C/R Susan Vaughn (kh) ## | |
| 526 | 1/29/98 | LETTER to court from counsel for defendant Theodore John Kaczynski re: response to Robert Cleary’s letter to Judge Hollows (letter filed today, but received by Judge Hollows on 09/29/97) (dmb) ## | web.archive.org |
| 527 | 2/3/98 | ORDER by Judge Garland E Burrell ORDERING: in response to an informal request made by a news media source to the Clerk for access to the juror questionnaires of the eighteen jurors selected to hear this case the questionnaires are ordered to be filed concurrently herewith (cc: all counsel) (dmb) ## | web.archive.org |
| 528 | 2/3/98 | NOTICE of filing the juror questionnaires for all 18 jurors selected to hear this case (dmb) ## | |
| 529 | 2/5/98 | CJA Form 30 (Appointment of & authority to pay court appointed counsel) as to Theodore John Kaczynski by Kevin D Clymo (dmb) ## | web.archive.org |
| 530 | 2/9/98 | ORDER UNSEALING DOCUMENTS by Judge Garland E Burrell ORDERING documents 244 , 307 , 308 , 309 , 326 , 330 and 417 and the cover letters to documents 412 and 515 are UNSEALED; dft to file authority for the continued sealing of 515 by 2/24/98, govt opposition by 3/10/98, reply by 3/17/98 (cc: all counsel) (kh) ## | web.archive.org |
| 531 | 2/10/98 | CJA FORM 24 (Authorization and Voucher for Transcript Payment) for Theodore John Kaczynski (dmb) ## | |
| 532 | 3/11/98 | CJA FORM 24 (Authorization and Voucher for Transcript Payment) for Theodore John Kaczynski (kdc) ## | |
| 533 | 3/18/98 | LETTER to court from J Mark McClanahan requesting to file a Farretta Rights Motion into the record of this case (ch1) ## | |
| 534 | 3/25/98 | ORDER by Judge Garland E. Burrell letter filed on 3/18/98 by J Mark McClanahan is [533–1] STRICKEN for not providing certificate of service pursuant to FRCP 5 and Local Rule 5–135 and insufficient copies pursuant to Local Rule 5–134 (cc: all counsel) (ch1) ## | web.archive.org |
| — | 4/9/98 | CLERK’S record on appeal transmitted to 9th Circuit Original case file volumes 14 transcripts 71 and 1 box of misc filing & certified copy of docket mailed to 9th Circuit (cc: all counsel) (dmb) ## | |
| — | 4/14/98 | LODGED Stipulation and order to advance sentencing hearing by plaintiff USA (rp) ## | |
| 535 | 4/16/98 | ORDER by Judge Garland E Burrell ORDERING: late today the attached letter was received in which the Court is requested to order the parties not to file any filings unauthorized by LR Crim 32–460; such an order is unnecessary because LR Crim 32–460 governs what documents are appropriate for filing in sentencing matters (cc: all counsel) (dmb) ## | web.archive.org |
| 536 | 4/16/98 | STIPULATION AND ORDER by Judge Garland E. Burrell: sentencing hearing RESET for 9:00 5/4/98 for Theodore John Kaczynski before Honorable Garland E Burrell Jr (kdc) ## | web.archive.org |
| 537 | 4/17/98 | NOTICE by plaintiff USA regarding intent to file Government Sentencing Memorandum (rgd) ## | web.archive.org |
| 538 | 4/17/98 | ORDER by Judge Garland E. Burrell ORDERING re The Govt’s “Notice of Intent to File Gov’t Sentencing Memorandum” filed 4/17/98, suggests that the Gov’t intends to file a document unauthorized by LR Crim 32–460 unless this Court issues an order forthwith directing it to do otherwise; Kaczynski filed an opposition to the Notice late today; the Gov’t is HEREBY ORDERED not to file any document unauthorized by LR Crim 32–460 without leave of Court [537–1] (cc: all counsel) (ljr) ## | web.archive.org |
| 539 | 4/17/98 | RESPONSE by defendant Theodore John Kaczynski to govt’s notice of intent to file govt sentencing memorandum [537–1] (dmb) ## | web.archive.org |
| 540 | 4/23/98 | NOTICE OF MOTION AND MOTION for leave of court to file sentencing memorandum by USA as to Theodore John Kaczynski (dmb) ## | web.archive.org |
| 541 | 4/24/98 | NOTICE OF MOTION by San Francisco Examiner and CBS Broadcasting in-court hearing set for 9:00 5/8/98 for motion to unseal dft’s competency report (rgd) ## | web.archive.org |
| 542 | 4/27/98 | OPPOSITION by defendant Theodore John Kaczynski to motion for leave of court to file sentencing memorandum by USA [540–1] (dmb) ## | web.archive.org |
| 543 | 4/28/98 | ORDER by Judge Garland E Burrell ORDERING: motion for leave of court to file sentencing memorandum by USA [540–1] is GRANTED; the sentencing memorandum shall be filed no later than 10:30am on 4/28/98; if dft elects to respond in writing that response should be filed by 3:30pm on 5/1/98 (cc: all counsel) (dmb) ## | web.archive.org |
| 544 | 4/28/98 | SENTENCING memorandum regarding Theodore John Kaczynski (dmb) ## | web.archive.org |
| 545 | 4/28/98 | EXHIBITS by plaintiff USA regarding sentencing memorandum [544–1] (dmb) ## | |
| 546 | 4/28/98 | ERRATA TO MEMORANDUM OF POINTS AND AUTHORITIES in support of motion of the San Francisco Examiner & CBS Broadcasting Inc to unseal competency report [541–1] (dmb) ## | web.archive.org |
| — | 4/29/98 | LODGED Application to continue hearing on media’s motion to unseal dft’s competency report & to set a briefing schedule on the unsealing motion by defendant Theodore John Kaczynski (dmb) ## | |
| 547 | 4/29/98 | OPPOSITION of San Francisco Examiner & CBS Broadcasting Inc to application to continue hearing on motion to unseal competency report [0–0] (dmb) ## | web.archive.org |
| 548 | 4/30/98 | ORDER by Judge Garland E Burrell ORDERING: the briefing & hearing schedule on the motion shall be as follows: Kaczynski shall file & serve his opposition to the motion no later than 4:30pm on 5/14/98; movants reply shall be filed & served no later than 5/21/98 at 4:30pm; if any other member of the public wishes to file written objection to the sealing of the competency report it shall be filed no later than 5/8/98 at 4:30pm & a reply if any by 4:30pm on 5/21/98; the hearing on the motion is set for 5/28/98 at 9:00am [541–2] (cc: all counsel) (dmb) ## | web.archive.org |