Defense Rejects Possible Start Date for Trial of Unabomber Suspect

Prosecutors said they could begin the federal murder-by-bombing trial of Unabomber suspect Theodore J. Kaczynski as early as May 27, but defense attorneys say it is too soon to set a trial date, according to court documents filed Friday.

The prosecution indicated that its timetable hinges on favorable rulings on its motion to obtain handwriting, hair and saliva samples from Kaczynski and its motion to present evidence “of actual or planned bombing incidents other than those charged in the indictment.”

Kaczynski, 54, faces charges in Sacramento in four bombing attacks that killed a Capitol lobbyist and a computer store owner and maimed two university professors. He was arrested last spring after a nationwide search for the elusive Unabomber believed responsible for killing three people and injuring 23 over a 17-year period.

On Monday, a hearing is scheduled to determine whether “administrative logs” sketching out details of the search of Kaczynski’s Montana cabin should be turned over to lawyers for the former UC Berkeley mathematics professor. The reports were made by FBI agents.

Meantime, Kaczynski’s lawyers anticipate several delays before the case can go to trial.

First, they said, they expect to file a motion to suppress the evidence seized during the search of Kaczynski’s tiny shack last April.

Because of the extensive material used to gain a search warrant for the cabin, a hearing on the issue could not be held until May, according to Kaczynski’s lawyers, Quin Denvir and Judy Clarke.

In addition, the defense lawyers are still considering whether to seek a change of venue due to pretrial publicity.

The defense is urging District Court Judge Garland E. Burrell to wait until these issues are resolved before scheduling a trial date for Kaczynski, who remains in custody in the Sacramento County Jail.

Last month, Kaczynski was also charged in the bombing death of a New Jersey advertising executive. He is scheduled to be arraigned Dec. 10 on those charges via television. Kaczynski’s lawyers said Friday that they will ask the court to transfer those charges to Sacramento.