The Case Against Theodore Kaczynski

by Ross E. Getman

The Case Against Kaczynski

October 1997 Revision

Cautionary Note About Inaccuracies In Reported Leaks

Inaccuracies inevitably arise in the reporting of news in connection with a rapidly developing story, particularly when anonymous sources are used. As Justice Department spokesman Carl Stern has commented:

"There are times when we try informally to prevent something which is grossly untrue from being published or broadcast, but in this case I felt I couldn't do even that." (Washington Post, April 18, 1996)

If anyone has information that is more reliable or conflicting, please contact the author below and the discussion will be updated or revised accordingly.

A Copy Of The Manifesto Was Found In The Cabin

The prosecution has explained before the Court:

In June 1995, Kaczynski sent his manuscript "Industrial Society and Its Future" to the New York Times, the Washington Post, Penthouse, and Professor Tom Tyler of the University of California at Berkeley. A copy of the manuscript was found in the cabin. That manuscript contains a lengthy description of Kaczynski's philosophy and admits that its author "had to kill people" to get it published."

Source: "Government's Motion In Limine For Admission Of Evidence Under Fed. R. Evid. 404(B) (Redacted), dated June 9, 1997

Copies Of The Letters Kaczynski Sent To Publications Were Also Found

The prosecution has explained before the Court:

"Beginning in 1985, Kaczynski sent letters, using the alias, 'FC,' to various publications. A copy of each letter was discovered in Kaczynski's cabin. Like the journals, Kaczynski's letters also contain admissions to the charged and uncharged bombings; indeed, several letters contain an admission that encompasses both a charged and an uncharged bombing."

Most Of The Letters And The Manifesto Were Typed on Kaczynski's Typewriter

According to the prosecution's June 1997 memorandum, the third typewriter found in the cabin was a match with most of the letters, with the manifesto, and for all of the bombs that were mailed after 1981.

Number Used To Identify Unabomber Communications

A May 15 article in the Washington Post reported that federal investigators say that the nine-digit number that was sometimes used by the Unabomber to authenticate his communications was found in Kaczynski's cabin. (The book Mad Genius previously reported that the number used by the bomber was 553-25-4394).

The number was used by the Unabomber in connection with a letter discussing the April 1995 murder of the Sacramento timber industry official Gilbert Murray, and a letter claiming responsibility for the December 1994 murder of the advertising executive Thomas Mosser at his New Jersey home.

DNA Evidence

DNA evidence was apparently obtained from saliva found on the stamp used to send a copy of the manuscript to professor Tom Tyler There may be other DNA evidence. An earlier press report had suggested that there was DNA evidence associated with the 1994 victim in New Jersey, Thomas Mosser (pronounced MOE-ser). As a general rule, however, the bomber was reportedly careful in avoiding such evidence based on hair or saliva. It is surprising that the bomber, after having been so careful to avoid DNA evidence for so many years, would suddenly have been careless in connection with the manuscript sent to Professor Tyler.

The affidavit filed in support of the search warrant explains that the DNA found in connection with the stamp used to mail the manuscript to Tom Tyler limits the pool of potentially responsible persons to 3% of the United States population -- or approximately 6 million people. DNA evidence would not be determinative of the prosecution given they apparently cannot further narrow the field. Moreover, if there is DNA evidence associated with other stamps -- such as the stamp used in connection with the Mosser -- and TK is not within the pool, then that would be important exculpatory evidence.

According to the affidavit filed in support of the search, another suspect in the UNABOM investigation shared the same DNA polymarker but was eliminated as a suspect because employment records conflicted with known UNABOM events.

Bomb And Bomb-Related Materials

According to press reports, one completed bomb and one partially completed bomb was found. The completed bomb has been described as similar to either the 1994 or 1995 bomb. The importance of this evidence will depend on the strength of the forensic comparisons.

Both the 1994 and 1995 bombs were sophisticated, and so if the reports by the anonymous federal officials prove to be accurate, then the finding already appears to be significant. The government may argue, through expert testimony, that the run-of-the-mill pipebomber could not have made the 1994 or 1995 bombs. (The serial bomber known as the UNABOMBER is thought to have improved his bomb-making during the 1987-1993 hiatus).

The significance of the particular chemicals found in his cabin will need to await the reports on the forensic tests. The chemicals will be compared to the residue left in the UNABOM explosions. Agents searching the cabin found containers of potassium chlorate, sodium chlorate, sugar, zinc, aluminum, lead and silver oxide, which can serve as fuels or oxidizers in an explosive device.

Tools and hardware related to bomb-making were also found. Lab technicians have compared the toolmarks left on past bombs and bomb remnants with the tools found in Kaczynski's cabin, and according to leaks the government will rely on an analysis of the tool marks in its case. The Affidavit filed in support of the search of the cabin explained that identical tool marks had been left on the staples used in a couple of the devices and in some of the correspondence. (Affidavit, Para. 88)

In addition, 10 three-ring binders full of meticulously drawn bomb diagrams may distinguish TK from ordinary pipebombers. The UNABOMBER is thought to have experimented with his bombs, and the prosecution likely would argue in any trial that the three- ring binders document those experiments. The notebooks have sketches of boxes that could conceal the devices; handwritten notes in English and Spanish describing how chemical compounds can create explosive charges; and logs of experiments to determine the optimal design for pipe bombs in various weather conditions. The notebooks would appear to represent extremely powerful evidence, that may be even more powerful once comparison is made by experts between the specific entries and specific bombs used in the UNABOM incidents.

Importantly, materials consistent with the construction of the simple 1979 pipe bomb were found in a shed at his mother's Lombard home. Agents found matches, traces of gun powder and several half-empty containers of compounds used in making explosive devices. They found potassium and phosphorous. Agents also found a mixing bowl with trace amounts of gun powder and several boxes of wooden sticks manufactured in the late 1970's. The May 1979 bomb contained thousands of match heads as part of the triggering device.

Witness Description

In 1987, a woman employed by CAAMS, a Salt Lake City computer store, noticed a man placing an object near a car. She apparently had a close, albeit brief, observation of the individual. She knocked on the window and motioned him away from the car. While distracted by a telephone call, another employee went out and kicked the material out of the way. The bomb was made to look like a road hazard and consisted of two boards with nails sticking up.

Two main composites based on the witness' description were drawn. One was done at the time, and one was done approximately 7 years later. The later composite has a squarer jaw. Some media reports (e.g., Newsweek, dated April 15, 1996) have published a version of the composite without glasses. The official composite relied upon by the Task Force has always included glasses. Extrapolating to a man pictured without glasses would be pretending to know something we don't -- it does not represent a description of what the witness saw. A third composite -- presenting a side view -- has been posted to this web page.

No announcement has been made as to whether the witness has positively identified TK as the individual she saw. The witness may have difficulty in doing so given that TK now has a beard. It is unclear whether TK had a beard in 1987. He applied for a drivers license in Montana in 1986 and it may be important whether his photograph in connection with that license showed a beard. In addition, TK's mother visited in the mid-1980s, and yet there has been no article reporting her recollection as to whether he had a beard.

In 1987, TK was significantly older than in the witness' description. The individual was estimated by the witness to be between the age of 25 and 30 years old. At the time of the sighting, Kaczynski was 43 years old. The witness described the individual as young and athletic.

Moreover, TK was likely unkempt in his appearance -- as generally reported -- while the witness apparently described someone with a well-trimmed mustache. Finally, at 5' 9", Kaczynski was 1"-3" shorter than the man described by the witness.

Thus, given the importance of the forensic evidence, it is not likely that the witness description will be particularly significant in any trial of the case, as it raises too many questions. The defense likely would be able to present other suspects that were much closer to the witness' description. Importantly, in the affidavit filed in support of the search, the government does not claim that the witness can positively identify Kaczynski.

A blue hooded sweatshirt and a green sweatshirt were found in Kaczynski's cabin. Although much ado has been made of the discovery of the sweatshirt, and papers featured headlines of the discovery throughout the country, none of the press accounts have addressed the color of the sweatshirt described by the witness in 1987. None of the articles mentioned that the sweatshirt described by the witness was white (or light gray).

One report by a television network indicated that TK had broken his nose several times. The suggestion apparently was that he broke his nose to disguise his appearance. It is unclear how the television network, in early April, had determined TK's intent, and there has been no further mention of the report.

Materials On Which Names Of Some Victims Appear

The names of the some victims allegedly appears on some written material. The reports are both conflicting or unclear on the nature of the materials, but the majority of reports indicate that the names of the actual victims were not in handwriting. The significance of this evidence would depend on the specifics.

There have been a variety of reports of individuals who have been contacted by FBI agents and told that their names were on materials found in the cabin. One widely reported story that was mistaken was that there was a handwritten list of faculty in the math department. The list had been written by an FBI agent for the purposes of contacting the individuals, and was not found in the cabin.

Some reports also indicate that a handwritten sheet was found saying "hit list" -- airlines, geneticists, and computers. (See,e.g., Time, dated April 22, 1996, p. 51). (This will likely prove to be one of the "grossly inaccurate" items mentioned by the DOJ spokesman.) Certainly, if this report were true, it would be very dramatic evidence.

Partial Fingerprint

A partial fingerprint was obtained from one of the devices. It does not match with Kaczynski's, according to the affidavit filed at the time of the search. The authorities have no way of knowing whether the partial fingerprint is that of the bomber, or someone else. Thus, the prosecution likely will discount the failure to match as due to the fact that the print was made by someone other than the bomber.

Kaczynski's Whereabouts

Kaczynski has lived primarily in Montana since 1971. He has traveled to other areas by bus -- and not by airplane as initially reported.

He moved to Chicago for a short while in the late Spring of 1978 until the Summer of 1979. He applied for an Illinois driver's license in July 1978 -- six weeks after the first explosion. According to one report, he returned to Montana in the Summer of 1979. Thus, the FBI may be trying to establish that he returned to Chicago in connection with the mailing of a November 1979 and a May 1980 bomb. The brother and mother appear to be uncertain on the details. According to the affidavit filed in support of the search, the brother had said that TK came to Chicago as early as 30 days before June 20. (Para. 143.) In addition, the affidavit states that although TK left Chicago in the Summer of 1979, he apparently returned after a two month stay in Saskatchewan. (Para. 145.) Thus, according to the affidavit, the statements by the family members are not inconsistent with his presence in Chicago on May 25, 1978 or November 14, 1979 -- although in light of a recent Washington Post article, they are do not appear to be strong on the point. With respect to the May 1980 mailing to Percy Wood from the Chicago area, the Affidavit notes the dates of hotel stays in Park Hotel, Helena, Montana, that would have allowed an opportunity for TK to travel to Chicago to make the mailing to Mr. Wood. The Affidavit similarly notes stays at the Park Hotel generally consistent with travel to Utah at the time of the placement and mailing of bombs.

Packages were placed in Salt Lake City in October 1981 and February 1987, and mailed from Salt Lake in May 1982 and November 1985. The FBI reportedly has checked homeless shelters and inexpensive hotels looking for evidence that Kaczynski visited the area.

With respect to his travels to California, the most significant lead that may be totally false (according to one story in the NY Times) was a report by a Sacramento hotel owner that he had stayed there. There is another, perhaps reliable witness report, by a motel owner in Berkeley. Absent corroborating hotel registration records, such testimony is not likely to be particularly significant. For example, reports by a Burger King manager and a guard at a bus terminal in Sacramento would be met by the incredulous question by defense counsel: you specifically remember this guy over all the other hundreds of bearded unkempt men that you see each year?

Psycholinguistic Analysis

The affidavit filed in support of the search has a detailed and compelling description of comparisons between a 1971 essay written by TK and the manifesto.

In requesting a warrant to conduct a search of the cabin, the FBI relied on an examination by its own experts who had access to all of TK's writings in the family's possession (including 100 letters), and not by the analysis done by experts retained by the family who relied on only a handful of pages provided by the family's private investigator. The Affidavit filed in support of the search of the cabin illustrates that the content, context and writing style of Theodore Kaczynski's 6,374, 23-page essay and the 35,000 word UNABOM manuscript are very similar.

Unfortunately, although the FBI has the 23-page essay and many pages of letters written by TK to his mother and brother, it appears unlikely that authorities will be able to locate more than a couple of the 50 or so letters that TK wrote to a Mexican man.

In the government Affidavit also notes the same uncommon (and in the last case inaccurate) spellings of words : "analyse" versus "analyze", "wilfully" instead of "willfully", "licence" instead of "license" and "instalment" rather than "installment".

Profiling

It is unlikely that profiling will be a particularly significant portion of any prosecution against TK. Kaczynski fits the profile relied upon by the Task Force in many (if not most) respects -- but he differs from the profile in several important respects. His loose fit with the profile, however, might serve to support an argument, along with other evidence, that there was probable cause to search the cabin.

In 1993, profilers (including John Douglas and William TaFoya) reportedly submitted a profile that would have pegged TK almost exactly -- including his age and occupation. The revised profile, however, was rejected by the Task Force as not in accord with their instincts concerning the elusive serial bomber. (US NEWS & WORLD REPORT, April 15, 1996.)

TK was not among the top 200 suspects primarily because of his age. He was 13 years older than the age in the profile being relied upon by the Task Force. At the time of the first bomb in May 1978, he was 36. Significantly, although he may have a meticulous mind, he is very unkempt in appearance. It was thought that the serial bomber would be very neat.

A detailed description of the profile being used by the Task Force in 1991 is reported in UNABOM: The University/Airline Bomber, The Police Chief, at 36-37 (October 1991). The authors were James C. Ronay, who was Chief Explosives Unit, FBI Laboratory, and Richard A. Strobel, Chief, ATF Laboratory. That profile was then substantially revised based on the writings of the bomber. The most important change was that estimates of the bomber's intelligence were greatly increased.

Telephone Records

The FBI may be checking the pay telephones that Kaczynski is thought to have used. The UNABOMBER called Bob Guccione of Penthouse magazine. If a telephone call was made from one of the payphones used by Kaczynski on the date and time the call by the bomber was placed, that would be highly probative evidence. A jury would find such evidence easy to understand.

Books Found In The Cabin

There were 239 books found in the cabin. Several books are of special interest in this matter. One book that the Washington Post reported was found in the cabin was ICE BROTHERS, a book by Sloan Wilson. A gutted copy of that book was used to conceal the bomb sent to Percy Wood in early June 1980. The Washington Post, however, may be the only paper that has reported that the book was found. There has not been any confirmation for this report, and the book may merely have been listed among the books that the government hoped to find.

VIOLENCE IN AMERICA was reportedly another title found in his collection. Written in the 1960's, it is a collection of dry, academically oriented articles. The book was one of the half dozen or so cited by the UNABOMBER in his manifesto. TK had evidenced awareness of the Commission's work in a letter years ago to his family.

Finally, although not found in the cabin, another book cited in the manifesto, ANCIENT ENGINEERS, was allegedly borrowed from a local library by Kaczynski. (US NEWS & WORLD REPORT, dated April 15, 1996, p. 31.) According to the affidavit filed in support of the search, Ted Kaczynski had cited the book in a letter to his brother.

Although certainly not popular or widely-read books, none of the books are rare. All three books are commonly found in libraries.

Professor Saari's Report Concerning Rejection Of A Manuscript

Professor Saari, a professor of mathematics and economics at Northwestern University, has reported that he became acquainted with an individual, who he now identifies as Ted Kaczynski. At a press conference, he reported that he was now 99.9 percent confident that the individual was TK. According to the version of Professor Saari's recollection that was reported at the time, Kaczynski asked his help in getting a manuscript published that addressed anti-technological themes. According to a press conference held on May 1, 1996, Professor Saari directed the individual to the University of Illinois. Then, the story goes, in the Spring of 1978 -- approximately five weeks before the first bombing -- Kaczynski reportedly expressed great anger at what he perceived as the rudeness and arrogance of the professors at the Chicago Circle campus.

In an even more remarkable aspect of the account, the Professor reportedly recalls that Kaczynski, after his display of anger concerning the rude dismissal by the engineering professors, attended a lecture in April 1978 on the uses of gun powder. The lecture was given by the late Joseph Needham, a famed scholar on China and the history of science. *If* the lecture by Professor Needham was in 1978 and not 1979 (and culminated a year-long acquaintanceship with TK), then the individual remembered by the Professor could not have been TK. According to the government's affidavit filed in support of the search, TK was not in Chicago in 1977. Relatedly, there is no reason to think he was in Chicago in April 1978. On the other hand, if Professor Needham's lecture was in April 1979, then the timing fits. According to a report in the Chicago Tribune, there is reason to think that investigators do not think that Professor Saari met TK.

Note that in the Fall of 1995 Professor Saari, who at the time had not been identified, reportedly recalled the name was "Robert V" (see discussion of "Robert V" lead below) . He further recalled that he lived in a northern suburb. (Lombard, where Kaczynski lived, is in the south). The caption of a front page picture in the USA Today at the time announced that the Unabomber was named Robert V and lived in Morton Grove. The FBI subpoenaed the records of a number of students consistent with the description, and interviewed a number of people in connection with the "Robert V" lead.

Importantly, Professor Saari did not remember Kaczynski's name when he first reported this to the FBI prior to Kaczynski's arrest. After Kaczynski's arrest, he also initially did not think Kaczynski's face was the same as the individual who he had known. However, after seeing video footage of Kaczynski and his 1962 Harvard class photo, now "he has no doubt that his visitor was Kaczynski" (television interview dated May 2, 1996).

According to published accounts, Professor Saari reports that he did not know that the individual had a PhD in mathematics, and apparently instead thought of him as a would-be Eric Hoffer, who authored the True Believer while working as a longshoreman.

Given his inability to remember the name and his failure to recognize Kaczynski sooner -- and given that Kaczynski is unlikely to be prosecuted for the 1978 crime (as opposed to more recent bombings) -- it is unlikely that Professor Saari would be a particularly important witness in any prosecution. 20 years is a long time to remember someone met only on a few occasions.

Additional Circumstantial Evidence

There is a variety of additional circumstantial evidence that the prosecution may rely on. For example, the prosecution might argue that Kaczynski, despite his poverty, had the necessary resources as a result of small contributions from his family. TK reportedly received a $1,000 money order from his brother shortly before the December 1994 bombing of Mr. Mosser, and another $2,000 money order from his brother before the April 1995 bombing of Gilbert Murray. (See, e.g., Washington Post, dated April 11, 1996.)

Much of the circumstantial evidence, however, being reported by the press is so tenuous that it may not be legally relevant evidence at all. Moreover, many of the reports -- such as the report by a Sacramento hotel owner that TK stayed at the hotel or the alleged existence of a handwritten list of Berkeley math faculty -- are apparently mistaken. One misguided report suggested a connection between the bombing in early May 1978 and an unsuccessful and brief dating relationship. He went on a couple of dates with the woman in the Summer of 1978 -- after the first bombing.

Other reports, while apparently true, are not particularly probative. For example, it is not surprising that as a bright high school student, he liked model rockets and knew how to mix chemicals (such as iodine and ammonia) so that they would go "pop." We may all know bright high school students who were good in chemistry and had similar interests. (The prosecution might nonethless emphasize more dramatic instances of his interest in mixing chemicals). In any event, these incidents relate to a time period 20 years before the first UNABOM incident in May 1978. (In 1958, during TK's senior year, a cow bell was used to signal the end of class periods.)

Past Clues That Have Not Yet Proved Out

* "Nathan R". In October 1993, the FBI first disclosed that an indentation had been found on a letter from the serial bomber that said "Call Nathan R Wed 7 p.m." It was not known whether the note was written by the bomber, but the FBI reportedly called 10,000 "Nathan Rs" The clue has not been discussed in the recent reports about TK, and there apparently has been no announcement concerning whether TK's handwriting matches that of the note. A picture of the note -- which appears to show the actual size of the handwriting -- appears in a Fortune magazine article on the UNABOM matter. The note may have been a red herring -- that is, intended to mislead the FBI and cause them to waste their time following a false lead.

The FBI may be checking the telephone records from the pay phones used by Kaczynski for evidence of a call to Nathan R on a Wednesday at 7 p.m. in 1993.

* "Robert V" There was considerable, perhaps unwarranted, excitement over a possible lead concerning a "Robert V" An unidentified professor -- who now has been identified as a Professor Saari -- had apparently reported that years before someone who he remembered as "Robert V" had brought him a manuscript expressing views similar to those found in the manifesto. The lead was merely one lead that was being pursued, and in fact, the FBI did interview a number of "Robert Vs." The reason that the lead was interesting was that there was a note attached to the 1982 bomb in Berkeley that said "Wu -- I told you it would work. R.V." Even at the time it seemed unlikely that the bomber, so careful in all other respects, would leave his initials. Bombers may leave their signature but they rarely leave their initials.

* The cherry twigs attached to the 1979 bomb. Although press accounts have varied in their description, it appears that one or more twigs from a cherry tree were attached to the 1979 bomb. The clue has not been discussed in connection with the press coverage of the suspect TK. If TK was the bomber, perhaps he was simply signaling his "back to nature" sentiments. Kaczynski once carved a gift for a Mexican friend picturing twigs or branches from a tree and bearing an inscription in Latin that said: "Mountain Men are always free."

Copyright 1996, 1997 Ross E. Getman

Reprinted with permission of the author Please send any additional information, corrections and opinions to the author.