Judge Rejects Defense Bid for FBI’s Kaczynski Notes

Unabomber suspect Theodore J. Kaczynski’s attorneys were turned down Monday in their bid to force prosecutors to hand over notes and logbooks made by FBI agents during the search of their client’s Montana shack and surrounding property.

In a pretrial hearing, U.S. Magistrate Judge Gregory G. Hollows tentatively rejected the request, saying that the FBI logbooks are “not sufficiently material” to the proceedings. Hollows indicated that he would issue a final ruling by week’s end.

Kaczynski, 54, faces murder-by-bombing charges after his arrest in April at his remote cabin. As part of the pretrial maneuvering, Kaczynski’s legal team and federal prosecutors have been negotiating what documents the government should share with defense lawyers.

One sticking point has been the handwritten logbooks of the search, which spell out the comings and goings of authorities at Kaczynski’s home and detail exactly who was in custody of evidence.

In a legal brief, Kaczynski’s lawyers, Judy Clarke and Quin Denvir, emphasized the importance of the logs, saying the information “goes not only to the validity of the execution of the [search] warrant, but also to the chain of custody of the evidence seized.”

During a 15-minute hearing, Clarke complained that she couldn’t “believe the government doesn’t want to give us this. The government made some public statement earlier about the strength of their case. I don’t understand their reluctance.”

But Assistant U.S. Atty. Stephen Freccero said prosecutors have exhibited a high degree of cooperation with the defense, handing over extensive information, including a 28-page FBI account of the search as well as thousands of photographs and videotapes.

“We have decided to draw the line here,” said Freccero, indicating that the defense has not spelled out why the logbooks would be relevant to its case.

Kaczynski is accused in a 10-count indictment involving four bombing attacks that killed a Sacramento lobbyist and a computer store owner and maimed two university professors.