Kaczynski Excused From Court in Wake of Temper Outburst

Unabomber suspect Theodore Kaczynski did not appear in court Wednesday, a day after an outburst of temper during arguments between lawyers on his mental health.

“Mr. Kaczynski has exercised his right not to be in court,” defense lawyer Quin Denvir told U.S. District Judge Garland Burrell Jr.

Kaczynski had been at the defense table with his lawyers for the previous nine days of jury selection, taking notes and actively participating with his attorneys.

Following Kaczynski’s outburst Tuesday, in which he slammed his eyeglasses on the table and threw a pen, Burrell granted a request by his lawyers to excuse him from Wednesday’s proceedings. They said he was having difficulty sleeping in his jail cell and needed rest.

Kaczynski, who looked haggard and puffy-eyed Tuesday, would have heard prospective jurors wrestling Wednesday with the issue of the death penalty, which has become the crux of the proceedings.

Kaczynski is charged with mailing and transporting explosive devices with the intent to kill and injure; if found guilty, he faces a possible death sentence. He has plead not guilty.

One potential panelist, a man in his 30s, said he strongly believed in the death penalty but would favor life imprisonment without parole if the defense convinced him that Kaczynski is mentally ill.

In court papers and arguments before Burrell, Kaczynski’s attorneys have indicated that they will put on a “diminished responsibility” defense, claiming that he suffered from paranoid schizophrenia and was unable to form the intent to kill.

Another potential juror, obviously frustrated by close examination of her feelings about the death penalty by defense attorney Judy Clarke, said: “I don’t like this. I feel as though I’m on trial here.”