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Profile: Judy Clarke
Judy Clarke was a participant or observer in the following events:
Lawyers for Theodore “Ted” Kaczynski, the so-called “Unabomber” (see April 3, 1996), are expected to mount an insanity defense, according to the Washington Post. Kaczynski’s two lead defense attorneys are Quin Denvir, a federal public defender who has won reversals of three guilty verdicts in death penalty cases, and Judy Clarke, who convinced a South Carolina jury not to execute a woman who drowned her two children in a lake. Denvir and Clarke will argue that Kaczynski is mentally ill, suffering from paranoid schizophrenia that diminished his capacity to know right from wrong. Few expect Kaczynski to be found innocent of his alleged crimes; the lawyers’ strategy seems to be to keep Kaczynski from being sentenced to death. “I think it’s pretty clear that the defense is going to introduce the issue of mental disturbance one way or another,” says Paul Mattiuzzi, a forensic psychologist in Sacramento, California, who has testified in other mental defect cases. “The evidence of mental defect may be important in the guilt phase. But it may be even more valuable in the punishment phase [if he is found guilty], when the government is going to portray him as the embodiment of evil and the defense will want to argue that he’s not evil, he’s sick.” Legal experts agree. “This is what I suspect is really is going on,” says law professor Peter Arenella, an expert on insanity and diminished capacity defense. “All sorts of mitigating evidence might be presented to show that he’s a strange bird, not someone we should execute, because he’s crazy as a loon.” Prison authorities describe Kaczynski, currently being held at a federal prison in Sacramento (see June 9, 1996), as a “model prisoner” who reads incessantly. He is kept in isolation and is in his cell 23 hours a day. However, Kaczynski has so far refused to submit to psychiatric evaluation by government doctors. His refusal may hinder his lawyers’ ability to present evidence towards his mental state. The prosecution is expected to argue that Kaczynski is a cold, calculating killer who knew exactly what he was doing when he killed three people and injured 29 others. He is not charged with murder specifically, but with transporting and mailing explosive devices with the intent to kill and injure. [Washington Post, 11/9/1997]
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).
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