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Profile: Anthony Bisceglie
Anthony Bisceglie was a participant or observer in the following events:
David Kacynski informs the FBI that his brother, Theodore “Ted” Kaczynski, might be the infamous “Unabomber.” The situation begins when their mother Wanda puts her Lombard, Illinois house up for sale in preparation to move to Schenectady, New York, to live closer to David. In the final days before the move, Wanda and David Kaczynski find documents written by David’s older brother Ted that they find disturbing.
Independent Investigation - Even before the publication of the “Unabomber” manifesto in the Washington Post and elsewhere (see September 19, 1995), David Kaczynski had worried that his brother might be the Unabomber. After its publication, his wife Linda Patrik read the manifesto and alerted David Kaczynski to its possible connection to his brother. David Kaczynski goes through the papers from his mother’s house, which include letters written by his brother from as far back as the 1970s protesting the use of technology. The themes and wording of the letters were disturbingly similar to the manuscript attributed to the Unabomber. David Kaczynski contacted a private investigator (later identified as Susan Swanson, a long-time friend of the family), who compiled information about the Unabomber’s attacks. David Kaczynski compared them to information he had about his brother’s movements. “She was able to deduce that he worked in the cities that were relevant at the correct times,” her supervisor Terry Lenzner will later say. Swanson contacted a colleague, former FBI profiler Clint Van Zandt, who had briefly worked on a psychological profile of the Unabomber. Van Zandt compared letters written by Ted Kaczynski (whom Swanson did not reveal as the author) with the Unabomber document, and found marked similarities between the two. In mid-January, Van Zandt contacts Swanson and tells her the similarities are so strong that her client needs to go to the FBI, or he will be forced to do so. Swanson has already suggested that David Kaczynski retain the services of lawyer Anthony Bisceglie to represent the family.
Contacting the FBI - In late January, Bisceglie contacts the FBI in Washington, choosing to contact a friend in the bureau instead of the FBI’s Unabom task force in California. An FBI official will later recall, “The lawyer was nervous.” Initially, Bisceglie describes the situation without naming either of the brothers, or giving too much information about the grounds for David’s suspicions. “The brother was nervous,” the official later adds, “wanting to protect and not to smear his brother’s name if he wasn’t guilty and not to hurt him if he was.” After weeks of discussion, Bisceglie and David Kaczynski meet with FBI agents; David Kaczynski brings the documents from his mother’s house. Neither Bisceglie nor David Kaczynski are eager to identify Ted Kaczynski, but FBI agents have begun checking David Kaczynski’s background, and have already determined that Ted Kaczynski is probably the person he suspects of being the Unabomber. “We had kind of figured it out before he told us who his brother was, and that they both went to Harvard,” the official will later say. Bisceglie and David Kaczynski identify Theodore Kaczynski to FBI officials in early February. (Wanda Kaczynski is not told of the suspicions against her eldest son until late March.) Officials later say that they never considered David Kaczynski as having any involvement in his brother’s deeds, and never thought that he was motivated by the prospect of receiving the $1 million reward offered by the FBI for his capture and conviction (see August 20, 1998). Instead, the officials will say, David Kaczynski and the family want to ensure that if the FBI does go after Theodore Kaczynski, they will take precautions not to hurt him if and when they find him. Wanda Kaczynski authorizes an FBI search of the Lombard house as the family is preparing to leave. Using evidence found at the house, along with the documents and information provided by David Kaczynski and its own investigations, the FBI quickly learns that Theodore Kaczynski lives in an isolated cabin in the Montana mountains. Family and friends recall Ted Kaczynski as a brilliant mathematics student, perhaps a genius, but quite reclusive. LeRoy Weinberg, a veterinarian who lived behind the Kaczynskis in Evergreen Park, will later recall: “He never played with the other kids. He was a brilliant student, but even then his brother was much more social. I remember saying at the time that he may be brilliant, but I’m sure glad he’s not my kid.” Neighbors are aware that Ted Kaczynski had abandoned a promising career as a mathematics professor at the University of California at Berkeley to move into a tiny rural cabin in Montana some 15 years ago, and know little else. The Kaczynski’s father committed suicide in 1990 after learning he was suffering from terminal cancer. [New York Times, 4/4/1996; Washington Post, 4/5/1996; Reuters, 4/8/1996; Chicago Tribune, 4/9/1996] In April 1996, Van Zandt will say that David Kaczynski is a “national hero” for turning in his brother. “He used us to verify in his own mind his suspicions that his own brother may have been the Unabomber,” he will say. “Unfortunately, we confirmed his worst fears.” [Chicago Tribune, 4/9/1996]
Theodore “Ted” Kaczynski, the so-called “Unabomber” (see April 3, 1996 and June 9, 1996), interrupts the first day of his murder trial by asking to meet privately with the judge to demand replacements for his defense lawyers—and perhaps to defend himself—and to protest his brother David Kaczynski’s presence in the courtroom. [Washington Post, 1998] Kaczynski halts the proceedings before the jury enters the courtroom by telling Judge Garland Burrell Jr. that he has a “very important” statement to make about his relationship with his attorneys. “Your honor, before these proceedings begin, I would like to revisit the issue of my relationship with my attorneys,” Kaczynski says. “It’s very important. I haven’t stood because I’m under orders from the marshals not to stand up.” Kacynzski spends four hours in chamber with Burrell and his lawyers. It is believed that Kaczynski is fighting against his lawyers’ attempt to portray him as mentally ill (see November 9, 1997)—a “sickie,” as he has termed it in his journals. At least two mental health experts hired by the defense have found that Kaczynski suffers from the delusions of a paranoid schizophrenic. Kaczynski has refused to be examined by government psychiatrists, and has cut off interviews with his own doctors when they broached the subject of his possible mental illness. As a result, defense attempts to present evidence that Kaczynski is mentally ill have been hampered, and prosecutors have refused to countenance any attempts at a plea bargain that would spare Kaczynski the death penalty (see December 30, 1997). Kaczynski’s brother has been one of the strongest and most impassioned advocates for Kaczynski’s classification as mentally ill, which would spare Kaczynski from execution. Two victims of Kaczynski’s bombs, Charles Epstein (see June 22, 1993) and David Gelernter (see June 24, 1993), disagree; both say that Kaczynski should die for his crimes. Lead prosecutor Robert J. Cleary (see April 11, 1996) demands in court that Burrell “firmly and finally” resolve the disagreements between Kaczynski and his lawyers. Burrell says he is trying, but notes that difficulties prevent him from quickly resolving the dispute: “A criminal proceeding sometimes involves dynamics that a judge has to react to,” he says. [Washington Post, 1/5/1998] Defense counsel Judy Clarke says Kaczynski “simply cannot endure” being portrayed as mentally ill, and notes that he has harbored an abiding fear throughout his life that people will consider him insane. Such resistance to being considered mentally ill is symptomatic of his paranoid schizophrenia, Clarke says. Outside the courthouse, Clarke says that Kaczynski’s request to represent himself “is a tragedy at its worst,” and denies that Kaczynski is attempting to stall the trial. “This is not manipulation. This is not cunning,” she says. “This is not someone trying to avoid legal responsibility.” Anthony Bisceglie, the lawyer for David Kaczynski, says the Kaczynski family believes that allowing him to act as his own attorney would be “to allow him to participate in a federally assisted suicide.” [Washington Post, 1/8/1998] The judge will reject Kaczynski’s demands (see January 7, 1998).
The FBI gives a $1 million reward to David Kaczynski, who identified his brother Theodore “Ted” Kaczynski as the “Unabomber” (see April 3, 1996). The FBI spent nearly 20 years in an ever-increasing and fruitless manhunt to catch the serial bomber. David Kaczynski works as a youth shelter social worker in Schenectady, New York. He has expressed his ambivalence over turning his brother over to the FBI. Kaczynski has said that if he receives the reward money, he will donate most of it to the families of his brother’s victims. The Kaczynski family feels that giving most of the money to the victims “might help us resolve our grief over what happened,” he says. Kaczynski family attorney Anthony Bisceglie says now that Kaczynski has actually received the money, “[t]hat certainly still is his intent.” Kaczynski notes that he has to use some of the money to pay off the family’s legal bills resulting from the Unabomber case. FBI spokesman John Russell says that the $1 million reward is one of the biggest rewards ever paid in a domestic terrorism case. Kaczynski says that while he does not claim the mantle of “hero” that lead prosecutor Robert J. Cleary labeled him, he believes that his choice to turn in his brother may have spared the lives of more innocent people. Kaczynski pressed federal prosecutors to consider his brother as not just guilty of heinous crimes, but deeply mentally ill (Ted Kaczynski has been diagnosed as suffering from acute paranoid schizophrenia). It is in part because of the diagnosis, and because of pressure from David Kaczynski, that the government ultimately chose not to seek the death penalty against his brother (see May 4, 1998). Until the government reversed itself and chose not to seek the death penalty, David Kaczynski was bitterly angry at the government and accused Justice Department officials of wanting to “kill my brother at any cost” (see December 30, 1997). Kaczynski and his mother, Wanda Kaczynski, also criticized the FBI and Unabom Task Force prosecutors for misleading them during the negotiations that led up to their identification of Theodore Kaczynski by suggesting they were interested in obtaining psychiatric help for him and not in pressing for capital punishment. During the entire trial, though David Kaczynski sat just 10 feet behind his brother in the courtroom, Ted Kaczynski never once acknowledged his brother’s presence or looked at him. [Washington Post, 8/21/1998]
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