All language subtitles for Episode 08 USA vs Theodore J Kaczynski

Fruit of the poisonous tree...

That's the option that you're
neglecting to mention,

where I get all this
evidence thrown out,

and I walk away a free man.

If you walk, you lose all respect.

Are you talking about me or you?

Hey, Ted.

Ready for your big day?

Yeah.

Yeah.

I also completed a new draft

of the Jim Fitzgerald cross-examination.

The questions are in the
top notebook there.

Please review the changes.

You'll hold in your hands a blueprint

for the public evisceration of James R.
Fitzgerald...

Fruit of the poisonous tree.

If you stick to my questions,

his search warrant will be invalidated,

and I'll be walking out of here.

Why don't you guys go and review this?

You don't want to see this.

I want you to know I'm here,
because none of this matters.

He can tear your r�sum�
apart on that stand.

He can burn forensic
linguistics at the stake.

I will still be here.

Check your left jacket pocket.

you know, we
can't count our chickens

before they hatch. The
search warrant may stand,

and if it does, we'll be going to trial.

Sure.

But I don't expect that to happen.

Hope for the best,
prepare for the worst.

That's my job.

We've been laying the ground
work for the next steps here,

just in case.

It's called the 12.2 motion.

It'll let us introduce
evidence about your past

and how that's impacted you,

some things about the
Murray experiments,

this kind of thing...

If you give your permission.

I know I certainly see
you much differently

now that I've gotten to know you better,

and I'd like the jury to
see the real you, too.

Sure.

You have my permission.

All rise!

Calling criminal case S96259...

United States versus
Theodore John Kaczynski.

Be seated.

Okay, I've reviewed the defense
motion to suppress evidence.

The court is ready to hear testimony

from supervisory special
agent James Fitzgerald.

And is the witness present?

Yes, your honor.

Let me see counsel in my
chambers before we begin.

Is this about the motion?

We'll get him on the stand, okay?

The court finds the defense's
motion to be without merit.

The search warrant stands.

Testimony from special agent Fitzgerald

will not be necessary.

Jury selection begins Monday.

Your honor, motion to reconsider.

Motion denied.

We're moving on.

Adjourned.

All rise!

I'm so sorry.
We did everything we could.

What happened in there, Judy?

He's a law-and-order judge,
freaked out by the publicity

and terrified of losing control.

He called this a fishing expedition.

And we made the case, we fought for it,

but the search warrant's gonna stand.

Forensic freakin' linguistics.

I don't know how, but you did it.

W-why'd the motion get thrown out?

We dodged a bullet. Well done.

This is a big win for the case, and you.

- Agent Fitzgerald?
- Yeah.

Charles Epstein.

I've been coming to every session.

This is good news.

Every session.

And I'll be at every
one until it's over.

Until justice is done.

"until justice is done."

Justice.

Why did they throw out that motion?

What happened in there?

What did they say about
behind closed doors

with Judge Burrell?

Why?

Why would Judy Clarke
write this whole motion

and then sabotage it?

What's happening?

This is the defense's motion

to get the search warrant thrown out.

Look at the language. The
idiolect is an exact match.

Ted wrote this whole thing himself.

Why would a lawyer let their client

write the most important
document in the entire case?

I don't know.

Doesn't make sense, does it?

Unless it's to distract him
from his lawyers' real plan.

I think they're gonna try to get him off

with an insanity defense.

I saw one of his victims today, Epstein.

He shook my hand.

He has 2 1/2 fingers now,

and he'll have 2 1/2 fingers
the rest of his life.

Yet they act as if I won,

that it's over. It's not over.

It's not over for Epstein until
Ted is behind bars forever,

not in some psych ward or on
his way to supervised release.

Ted has power over every one of
us as long as he's not in jail.

You know,

the first time you sat with Ted,

I didn't know if you
were gonna come back.

You have all the feelings
that Ted feels...

The anger, the resentment,

the feelings of betrayal,
the feelings like

there's something so
wrong with the world.

But you did the one thing
that Ted could never do.

And that was to look at Charles
Epstein as a fellow human being,

to look at him with a sense of empathy,

to feel a sense of obligation to him.

And if that's what is
motivating you now,

I think that's truly noble.

I used to think that Ted
had all the answers.

Ted does have some of the answers.

Not the ones that really matter, though.

See, there's only one
thing not accounted for

in Ted's philosophy.

But it's everything.

It's what you felt
shaking Epstein's hand.

Simple as that?

Since when was love ever simple?

Now go. You know how to finish this.

Did you come here to gloat?

'Cause I have work to do.

I got something to show you.

Where are we?

An air force base.

Well, this reeks of desperation.

I can't even... w-w...

I-is this supposed to intimidate me?

You'll not only lock me up,

you'll lock my house up, as well?

James, here's the thing
you're not grasping.

The outcome of the trial is nothing.

The trial itself is everything.

It's gonna give me the biggest
microphone in the world.

Before, I had to threaten violence

to get one Manifesto
published in the Post.

Now I'm gonna be piped

directly into every living
room in the country.

And if you put me in a jail cell,

I will spend the rest
of my life appealing.

But if it's the worst
case, the very worst case

a person like you can possibly imagine,

the death penalty,

I promise you, I won't even blink.

There's one possibility
you didn't think of.

On the cabin, the prosecution
didn't bring it.

The defense did.

Why?

Why don't you know about it?

Thank you for having me here.
I-i appreciate the opportunity

to tell my brother's story, as...
as I understand it.

The real story o-of Ted Kaczynski

is the story of lifelong,
undiagnosed mental illness.

Some years ago, I showed his
letters to a psychiatrist,

who found him deeply delusional

and provisionally diagnosed
him with schizophrenia.

And the clinical description
of paranoid schizophrenia

mirrors many of the behaviors

that I've observed in
Ted over the years,

especially his break from
society as a young man.

Your brother's on every
news channel, every magazine,

every newspaper, saying the same thing.

He's got, like, a script he's
repeating over and over.

At least Judas had the
decency to hang himself.

David doesn't even believe
in mental illness.

Who cares?

We'll muzzle him the
moment the trial begins.

He's not the only one
repeating from that script

or talking to the press.

It's the New York times.

"A sealed psychological report
provided by Kaczynski's lawyers"

suggests that Kaczynski has been
suffering from mental illness

since before he moved
into a one-room shack

in the woods in 1972.

Its findings are consistent

"with diagnosis of
paranoid schizophrenia."

They're setting you up.

Your own lawyers are
working against you.

They're the ones feeding
David his lines,

giving this to the press.

And they're the ones

that shipped this cabin
across the country

so they could bring in the jury and say,

"look at this pathetic man
and his pathetic cabin.

You got to be crazy to live like this."

I don't believe it.

They can't do any of that, James.

My legal team isn't authorized

to pursue a mental-defect defense.

Right. Right. You'd have
to give them permission

to file, like, a 12.2 Motion,

and you'd never Grant it.

Ted...

you can see so
much about the world,

but you've got a big blind spot

when it comes to who
you choose to trust.

You gave your lawyers
permission to bring in experts

to prove that you're mentally defective,

and they're gonna twist
everything you've ever written,

everything you've ever told anybody,

to fit the predetermined diagnosis

of paranoid schizophrenia.

But before those experts come in,

the whole world is gonna
hear the diagnosis

a million times on TV,
in the newspapers,

from David, from your own mother.

So, the trial is just gonna
be a foregone conclusion.

And you think death is the worst
thing that they can do to you?

They won't even give you that,

'cause they don't execute crazies.

I'll get new lawyers. I'll appeal.

There won't be any appeals.

They'll have your capacity removed.

They're gonna stick you
in an insane asylum

where, slowly, you will be adjusted.

Pills, electroshock therapy,

threat, punishment, reward,

till finally you're cured.

It might take years,
but it's gonna happen.

You will be normal,

and you'll rejoin society.

You'll get a credit card, an apartment,

business casual wardrobe, you know,

some of those tops with
the penguins on them.

And you'll get a job behind a desk

where you'll work
obediently 9:00 to 5:00,

and your first paycheck,
you get a cellphone.

Next one, you get a TV.

You know, if you splurge, you
can get yourself a Nintendo.

And every night, you fall
asleep watching that TV.

And every weekend, you're
gonna go to the mall.

You're gonna walk around circuit city.

You're gonna look at the
big-screen tvs and think,

"should I get myself a 20-incher?"

Or should I just keep saving
up for the 27-incher?

"I don't know."

And, as you're thinking about this,

slurping on your orange Julius,

somebody's gonna recognize you and say,

"weren't you that Unabomber guy,"

you know, the guy that
wrote all that stuff

"and killed all those people?"

And you'll go, "yeah, that was me",

but I was very sick.

"But I got help, and I'm much,
much better now, thank you."

And then you're gonna go
back to watching your tvs.

And you won't even remember

that you wanted anything more than this.

See, Ted, you predicted all
this in your Manifesto.

"Many tame and conformist types
seem to have a powerful need"

to depict the enemy of society as sick

so as to delegitimize

"their valid complaints
against society."

This cabin used to be a
symbol of moral courage,

and now they're just gonna point it

and say you've got to be
insane to live this way.

Well, they brought the cabin,

but they didn't bring the forest.

Or the rain. It was beautiful.

It was very beautiful.

Hey, I know it was.

You know, the irony is,

they're gonna show this cabin
as evidence that I'm crazy.

But if everyone was content
to live simply like this,

we'd have no more war,

no poverty, no pollution.

The truth is, if someone
could hand me a pill

that would make me normal,
take these questions away,

I might even take it...

...if it was my own choice.

Your brother keeps saying that
you'd be happier in a jail cell.

Three hot meals a day. Plus...

The dimensions are about the same...
10x12.

Well, he would say
that, wouldn't he?

If I go to jail, he pockets
a $1 million reward.

My lawyers get to say they
saved me from execution.

Judge and the prosecutors can brag about

how the Unabomber will
rot in a hole forever.

And what do I get?

I know you're not insane.

Every time I stop at a red light,

or I follow the arrows in Ikea,

or I sit and I wait and listen

for the modem to dial up,

I can see the systems
that control our lives,

and I feel my freedom being
hemmed in, and I hate it.

What you have to say about the world,

it matters to the future.

And all I got to do is roll
over and stop fighting, right?

Well, now, isn't that convenient,

the way your own interests
and mine align so perfectly?

No, the fight's fixed.

It's done. You've already lost.

Get out of my house now, please.

Get out!

You fight this, they'll call you crazy.

Or you plead guilty and go away forever.

And your ideas will live on.

Sit down, Judy.

We need to talk.

What did you discuss in chambers...

During the challenge
to the search warrant?

I told you. Burrell didn't want

his courtroom to become a circus.

Did you sell me out, Judy?

Did you?

Did you go behind my back
and torpedo that motion?

Burrell called me into chambers, Ted.

Remember?

Hang on.

Contraband.

Do I have total control of my defense?

It's your defense.

This is all about you... every
decision, every discussion.

My entire life right now

revolves around doing
right by you, okay?

So, you will not be
presenting to the court

that I am mentally defective?

Ted, what gave you that idea?

Fitzgerald showed me the cabin, Judy.

He showed me the cabin, and
he told me the 12.2 meant

that you were gonna say I'm insane,

and you know that would be so
much worse for me than death.

Ted, we found out the prosecution

built their own mock-up of your cabin

to show the jury, and
that they were planning

to present their own
mental health testimony.

In my legal judgment, it
was prudent to ensure

we'd be able to present
the truth about you

and your life to combat the
government's distortions.

I tried to keep you out
of the trenches on this,

take care of the "p"s and "q"s

so you can keep thinking
big-picture for us.

But if you lack confidence
in my legal judgment...

- No.
- ...if you want to read

everything we've filed on your behalf,

- I'm more than happy to...
- No, I'm not saying that.

No, I'll bring in the document boxes

if you want total transparency,

if you want to see and
approve everything,

- page by page...
- No.

I trust you. I've just been
betrayed by so many people.

Fitzgerald got into my head.

You know I really care about you.

Not just as a colleague.

now, finish these
before the guards see.

You'll get me into trouble.

The defense has some remaining questions

regarding juror questionnaires.

A number of the responses
from jurors number 16,

68, and 73 were illegible,

and we'd like to clarify those
before we move on to voir dire.

Counsel?
-We couldn't read them,

either, your honor.
We have no objection.

I'll allow it.

Anything else before we move on?

Yes, your honor. We need some
clarification from the defense

before we can begin jury selection.

I have here what I believe to be

an intentionally-vague 12.2
motion from the defense,

but their witness list includes

a number of experts on
paranoid schizophrenia.

Your honor, can we
move this to chambers?

No, what is he... What
are you talking about?

We need clarification before
beginning jury selection,

your honor, if the defense
is going to pursue

a mental-defect defense
and continue to...

- That is not our intention.
- Your honor, please, can we...

...continue to claim that the
defendant is paranoid...

Your honor, I need a moment
alone with my attorneys.

You stood right there,
and you lied to my face.

We're saving your life, Ted.

It's my life, Judy!

Mine!

You're gonna walk back in there,

and you're gonna inform the court

that we will not be pursuing
mental-defect defense,

not now, not ever. I won't have it.

Whether you approve of my
strategic decisions or not,

I have an ethical
obligation in the system

to do what I have to in
order to save your life.

You're not saving my life, Judy!
You're saving my body,

and you're saving my body by
destroying my life's work!

Ted, you mailed bombs to innocent people

so you could get some half-baked
ideas published in a newspaper.

I will work around the
clock to save your life.

That's my obligation as your attorney.

But if you're not mentally
defective, I don't know who is.

Your honor,

my relationship with
my present attorneys

has become untenable.

They have admitted to lying to me,

to tricking me, to betraying my trust.

They knew all along
that I would rather die

than be falsely portrayed
as mentally ill.

I do not want to represent myself,

but right now, I see no alternative.

I don't think so, Mr. Kaczynski.

In my courtroom, there are no theatrics,

and there are no delays.

I may be many things, Mr. Kaczynski,

but the one thing I am
not is a Lance Ito.

I'm sorry, I don't understand.

The judge in the O.J. Trial.

No delay.

The trial will continue.

Well, your honor, I'm
not asking for a delay.

I can begin representing
myself in an hour...

One hour from now.

We've already considered this.

Based on the psychological evaluation

your defense provided me,

I find you mentally unsound to
mount an effective defense.

Psychological evaluations that
you've already considered?

Did you all discuss this beforehand?

Have you all decided how this ends?

I'm sane enough to stand trial,

sane enough to spend the rest of my life

in a federal penitentiary,

but I'm too insane to represent myself,

too insane to be executed,

and I'm guessing I'm
too insane to testify

and say anything about what
I actually believe in.

Is that what you're
secret psych report said?

Your honor, I am afraid I
have a constitutional right

to represent myself,

and if I have to take that to
the judicial review board,

- I will.
- Well, of course you have that right.

You can certainly choose
to represent yourself.

If you do, however, that
raises the question

of whether you're mentally
fit to stand trial at all.

And we can easily resolve the question

of your mental competency

with an observation period
in a mental institution,

say, starting with a 60-day stay

in the care of a psych hospital,

perhaps longer if the
doctors find it necessary

to start treatment or medication,

whatever they determine is
in your best interests.

If you want to pursue this,
I'll write the order now

and have you remanded into their care.

- We have no objection to that.
- No, no, no.

I-I-i... I need... I need some time.

I need time to think about my options.

You don't have time, and
you don't have options.

Your trial will continue now, Mr.
Kaczynski.

These are your lawyers. You
will do as they instruct.

If they say you're mentally defective,

you will nod and agree in silence.

All right.

He's making a deal.

Ted's gonna plead guilty.

Holy shit!

What'd you say to him?

The truth.

Is it your understanding
that your attorneys had discussions

with the attorneys for the
government in this case,

concerning your change of plea?

Yes, your honor.

Are you
entering this plea voluntarily

because it is what you want to do?

Yes, your honor.

Do you understand that,
as part of this plea,

you are waiving your right to appeal?

I do.

That you are waiving
your right to challenge

any portion of this
proceeding in the future,

including the search warrant?

I understand.

Very well, then.

How do you plead to all charges?

Guilty.

We will
reconvene for sentencing.

We will hear testimony from the victims,

and you'll be able to
make a statement then

if you wish.

Court adjourned.

...letters that land the bombers.

You're gonna have a
long, brilliant career

reading nasty letters from "a" -holes.

Congrats. A big win, Fitz.
This is a big win.

Before we
proceed with sentencing,

we will hear from those victims
who wish to make a statement.

Susan Mosser, wife of Thomas Mosser,

who was murdered by the defendant

in December of 1994.

December 10th.

It was supposed to be the day

my family picked out a Christmas tree.

Instead, it was the day
my husband was murdered.

The excruciating pain of 100 nails,

cut-up razor blades,
and metal fragments,

burning your skin,

fracturing your skull,

and driving shrapnel into your brain.

Imagine what it is like

to constantly wonder

what would make a person

want to kill you,

to look down at injuries that
shock you beyond belief,

and to wonder what has happened and why,

to be overwhelmed with
the feelings of rage,

and the heartache of knowing
that you will never again

be the same as you were before.

We've decided
to let him live,

so let him be our living symbol

of cowardice and evil.

It gives us a chance

to look our worst instincts in the face,

and to say to them,

"you will not prevail."

What a message.

Theodore Kaczynski was a victim.

By some convoluted form of logic,

you've portrayed yourself as a victim.

As you start your life
sentence in prison,

this is what I wish for you.

Given that your victims
were blinded by your bombs,

may you also be blinded,

by being deprived of the
incredible light of the moon,

the stars, the sun,

the beauty of nature,

for the rest of your life.

Given that your victims
lost their hearing

because of your bombs,

may you spend the rest of
your days in stony silence.

And given that your victims
were maimed by your bombs,

may your body be shackled

with the same violence and hatred

that have already imprisoned your mind.

And given that your victims
were killed by your bombs,

may your own death occur
as you have lived...

In a solitary manner,

without compassion or love.

The defendant will now
have an opportunity

to make a statement if he wishes.

I only ask that people reserve
their judgment about me

and about the Unabom case

until all the facts
have been made public.

There is so much that...

I'm not, um...

In keeping with the
terms of the plea arrangement,

I sentence Theodore Kaczynski
to life in prison,

plus a 30-year consecutive
prison sentence,

plus three additional life prison terms

to be served consecutively.

The defendant committed unspeakable

and monstrous crimes.

I believe that if he
had the opportunity,

he would use his resourcefulness

to repeat such acts.

Because of the callous
nature of his crimes,

the defendant presents a
grave danger to society.

Therefore, I will recommend that
he serve his life imprisonment

in solitary confinement

at a federal administrative
maximum facility.

I only wish the suffering
I could impose on you

would in any way match the suffering

of the men and women here.

This matter is adjourned.

Ladies and gentlemen, David
Kaczynski is the real hero

of the Unabom story.

He came forward when no one else would.

And, after legal expenses,

he will be donating all
of the reward money

to the victims and their families.

He is truly an American hero.

I have a statement to read.

Speaking for my mother,
Wanda, my wife, Linda,

and other members of our family,

I would like to say that our reaction

to today's plea agreement

is one of deep relief.

We feel it is the appropriate, just,

and civilized resolution to this tragedy

in light of Ted's
diagnosed mental illness.

We'd like to thank the
FBI for their care

in investigating this case

and protecting the public safety.

We thank the department of justice

and prosecution attorneys
for their thorough...

It's over. It's really over.

Look straight ahead.

Look to your right.

Look to your left.

Open your mouth.

Wide.

Lift your left leg.

Right leg up.

At this point, I want all your
clothes off. Strip naked.

Arms straight up.

Bend over. Pull your cheeks apart.

Two loud, forceful coughs.

Left arm down.

Both knees up on the bed.

Left hand.

Right foot.

Look at the wall.

Stay on your knees until we leave.

So, now what?

Don't know.

Anything we want, right?