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Two Attacks in Indictment Against Kaczynski Covered by Death Penalty

June 19, 1996

SACRAMENTO, Calif. (AP) _ Theodore Kaczynski, now charged in the first and last of the Unabomber’s deadly attacks, could face the death penalty if convicted in either slaying, the Justice Department.

The math professor-turned-hermit was indicted Tuesday on 10 counts of transporting, mailing and using bombs. The charges involve four Sacramento-linked attacks, two of them fatal.

The indictment marks the first time Kaczynski was charged in the Unabomber’s 18-year campaign of terror aimed at smashing the modern industrial order.

Kaczynski, 54, has been jailed in Helena, Mont., for possessing bomb parts since a raid on his mountain cabin April 3. Those charges will be temporarily dismissed so Kaczynski can be arraigned in Sacramento, the Justice Department said.

Within days, Kaczynski could be moved to the county jail here, just blocks from where the Unabomber’s last victim _ timber lobbyist Gilbert Murray _ was killed last April.

Murray would have been 48 on Tuesday.

Kaczynski will be isolated from other prisoners, said sheriff’s spokeswoman Sharon Telles. ``He will be allowed to exercise, but he won’t be put out on a basketball team with the other inmates,″ she said.

Four of the counts against Kaczynski cover the transportation, mailing and use of the device that killed Murray. One count covers the 1985 slaying of Hugh Scrutton, 38, a Sacramento computer rental store owner.

A Justice Department spokesman, who asked not to be identified, said Kaczynski could face the death penalty if convicted in either death.

The spokesman said the government believes the federal death penalty law enacted in 1994 can be used to obtain a death sentence for a fatal bombing that took place before the law was passed.

Attorney General Janet Reno has not announced whether the government will seek the death penalty against Kaczynski.

The indictment also accuses Kaczynski of two other nonfatal bombings in which the package was allegedly mailed from Sacramento: The June 1993 explosions that crippled Dr. Charles Epstein of the University of California-San Francisco and Yale computer expert David Gelernter.

The Unabomber’s 16 attacks killed three people and injured 23.

Kaczynski was not indicted in the fatal bombing of advertising executive Thomas Mosser, killed in his North Caldwell, N.J., home in December 1994. Reno said the attack was still under investigation.

Also not mentioned in the indictment are other bombings in the San Francisco, Chicago and Salt Lake City areas, as well as in Tennessee and Michigan. Reno’s office had no comment on those attacks.

The 10-count indictment identifies Kaczynski as ``FC,″ the initials the Unabomber used to sign his letters and diatribes. He claimed the initials stood for an underground organization called the Freedom Club. FBI agents discount the existence of any group, however, saying the Unabomber was a loner.

A search of Kaczynski’s Montana cabin turned up the original of the Unabomber’s 35,000-word, anti-technology manifesto, a typewriter used for the manifesto, bombs and bomb parts, detonators and even the 9-digit identification number used by the bomber, Justice Department sources said.

DNA tests of saliva found on two letters _ one sent by the Unabomber and one by Kaczynski to his family _ also showed a genetic link to Kaczynski, authorities said.

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