Today's Sentencing
Scott Corey & Mary Foley
Went to the sentencing hearing as planned.
I will keep it brief, since I can assume the Sac Bee will post the
transcript. I can provide more detail later, but I have not had more
than an hour's sleep in the last day and a half, have driven 300 miles,
and stood for hours in the rain.
TK made a very brief statement. He accused the prosecution's
"sentencing memorandum" of being an attempt to embarass him "and the
Unabomber" (or the Unabomber's ideas) for political reasons. He said he
would reply more extensively later, and asked people to try to keep an
open mind toward him until then. I admit being a little groggy, but
there is no doubt that he spoke of himself and the Unabomber as if
theses were different, at least in his first sentence or two. A
subsequent sentence was more ambiguous. He spoke clearly, though quite
softly, in the tone that observers have often thought of as sounding a
bit like an adolescent.
The victim statements were not at all cloying or artificial, but
genuine, quite diverse, and moving. I am presuaded of the value of this
new ritual in the law.
Mrs. Moesser's account was very touching and many people cried,
especially in the Murray family. Mrs. Epstein had the most anger, but
it was even and tempered. Prof. Epstein was rather discursive, and
almost personal in making an argument to Kaczynski on the value of his
work to those suffering from various diseases. Mr. Wright was mostly
calm, but his voice cracked at times. His wife stood with him as he
spoke of the difficulties that dramatic injury and recovery can
introduce into a marriage.
Prof. Gelernter sent a statement that was read by one of the
prosecutor's. It was the most harsh, but he did not invoke the virtue
of hatred, as he has at times in the past. Mr. Suino started by saying
that if anyone fit the bill for the death penalty it was TK, and that he
would have shed no tears for him. But he ended with a very impressive
appeal for people to forsake the spirit of revenge. Mr. Dennison made a
brief personal statement, then read a statement from himself and the
staff of California Forestry Assoc. that amounted to a political
denunciation of eco-terrorism beyond the Unabomber events.
Prof. Hauser attended but did not make a statement. The Murray family
did not make a statement, but did leave the room to avoid listening to
Mr. Kaczynski, which was a fairly eloquent gesture in itself.
TK's family were not in the room (I do not think I would have missed
them) but David made a statement to the press after. There was a
"listening room" for spectators this time, so he may have been there
during the hearing.
I felt TK was fairly well under control. Nevertheless, he did move
slightly at a few passages in the victim statements. The only pattern I
could discern was that he often reacted when the victims mentioned their
admiration of his brother. Actually, he also fidgeted a little as the
moments of the judge making pronouncement grew near.
The judge did not make a recommendation on the level of security or
specific prison. He did say he felt TK deserved his sentence and
recommended tight monitoring of him and his communications. The
sentence included several consecutive life sentences.
Just before judge started the conclusion, the Moesser's youngest
daughter came in to sit with her mother. At age 15 monnths (if I have
the family identities straight in the story, and I confess I have not
checked) she missed being in the explosion by only a few seconds, but
did not seem to fully understand what was going on in the court. As
everyone was filing out there was one of those moments that is fully
believable only in real life, but sounds impossibly contrived in the
retelling. She asked who that was, and her Mom just said, "That was the
bad man." Two or three other people heard it, but I don't think anyone
from the press did, so it probably will not be reported.
I have to say that I find merit in ending a trial of this sort in this
way. The people are much more free of the controls imposed by procedure
and by the lawyers. It may be hard on the convicted man, but was not an
artificial parade of emotional punishment, it seems more sincere and to
the point than most of the other proceedings. The victims were quite
diverse in their sentiments, and seemed more interested in simply
expressing themselves than contriving to find a cathartic psychological
"closure."
There is a hearing scheduled for May 28 on whether to release the
competency report to the public. The sentencing memorandum and its
exhibits are filed as separate documents, the first being #344, the
second #345, I believe. No word on where TK will be held while awaiting
a decision by the Bureau of Prisons on where he should be kept. Rumor
had it that a plane was ready to go, so he may have a temporary new
residence already.
Well that was not so brief after all. Sorry I am behind on responding
to other threads.
Scott
RossG12345
Thanks for the detailed account, Scott. That account of the comment
to Mr. Mosser's daughter, Kelly, was very poignant. "That was the bad man."
We can all imagine what it must be like explaining the loss under these
circumstances to someone so young. Kelly, I think, is about
4 1/2 now.
Scott Corey & Mary Foley
Apparently I was wrong about David not being in the court. The Bee
says he was. I cannot claim perfection, but I did wait a long time at
the door, watching most of the crowd file out, and I did recognize David
downstairs.
Oh well.
Scott