Jouranal Code Shows Unabomb Suspect’s Guilt, Prosecutor Says

Theodore Kaczynski’s journal contains a numeric code that includes claims of responsibility for some of the Unabomber explosions, a prosecutor said Friday.

Government lawyers want samples of Kaczynski’s handwriting to compare with specific passages in the journal, which was seized by federal agents at Kaczynski’s Montana cabin after his April 3, 1996, arrest.

Kaczynski’s defense team--noting that the government already has 950 pages of documents of his handwriting--asked a federal judge Friday to overturn an order compelling Kaczynski to provide the samples. The judge said he will rule next week.

Prosecutor Robert Cleary said he wants examples of Kaczynski’s writing and printing to compare them with writings found in the journal, which he said has passages “that bear directly on his guilt.”

“This is a significant part of our case,” he said after the hearing.

Prosecutors last fall described the journal--written in English, Spanish and numeric code--as the backbone of the government’s case. They said it contained such comments as “I mailed that bomb” and “I sent that bomb.”

Cleary said Friday that at least some of the alleged claims of responsibility are written in numeric code. He did not provide specifics, and noted that the samples sought by the government are of printed and cursive handwriting, not numbers.

Kaczynski, 54, has pleaded not guilty to making four bombs that killed two people and injured two in California. If convicted, the math professor turned recluse could receive the death penalty, though the government has yet to decide whether it will seek such punishment.

He also faces charges in New Jersey in the death of an advertising executive. That trial will be held after the California case.

Federal defenders Judy Clarke and Quin Denvir argued Friday against the magistrate’s order that Kaczynski spend five hours over three sessions providing handwriting samples. Denvir complained that prosecutors want Kaczynski to “actually create evidence for the government.”

“I’m sure they would prefer to sit down and chat with Mr. Kaczynski as well, but the rules don’t provide for that,” Clarke added.

Assistant U.S. Atty. Bernard Hubley said the FBI’s handwriting expert needs a complete set of samples to make a comparison.