Suicide
Newsreal: The worst show on earth
Theodore Kaczynski should be in a mental hospital. Instead, he's about to become the star in a grotesque courtroom circus.
Accused Unabomber Theodore Kaczynski, who’s been described by his defense lawyers as a paranoid schizophrenic, is this week being tested by a court-appointed psychiatrist to determine whether he is competent to stand trial and to act as his own attorney, as Kaczynski has requested. Unless the Justice Department — which has reopened negotiations on the subject — agrees to a plea bargain, most observers believe that the trial will eventually proceed, with an evidently mentally ill defendant in the spotlight.
What is the standard for “competency”? How could Kaczynski, who has already tried to commit suicide in prison, be judged able to act as his own attorney? And if the trial proceeds, what is likely to happen? Salon spoke with Mark Levy, M.D., assistant clinical professor of psychiatry at the University of California at San Francisco, who often acts as a forensic consultant in competency cases.
What is “competence” in the legal sense?
It’s basically the ability to understand the court proceedings, to work within the context of the proceedings and function reasonably — these are loose terms — and to work with one’s attorney in mounting a reasonable defense. You can’t say, well, I’ll work with my attorney as long as he argues that the Martians are invading. That’s not a reasonable defense. That’s part of the issue to be evaluated with Kaczynski …
It’s not enough to be diagnosed as mentally ill?
No. There’s three concepts that need to be differentiated in a legal context. One is “psychosis” which is a medical term; one is “insanity” which is a medical/legal term, and comes into play when determining a person’s guilt or innocence; and the third is “competence” which is an entirely legal term. In the legal context, for example, you can be a psychotic but sane; you can also be psychotic but competent to stand trial.
How does a court-appointed psychiatrist go about determining a person’s competence?
The first thing you do is to try and make an accurate diagnosis, which in Kaczynski’s case would mean determining whether the preliminary evaluation that was done of Kaczynski by the defense psychiatrist and psychologist — that this man is a paranoid schizophrenic — is correct.
How do you do that?
Through interviews, a look at his written material and, ideally — and if he’s forced to cooperate — a battery of psychological tests. With paranoid schizophrenia, the tests look for characteristic mental deficits, like difficulty with abstraction. Schizophrenics are concrete in their thinking. You’d find that when you say to him, “Mr. Kaczynski, when you hear the proverb, ‘a rolling stone gathers no moss’” — despite his high IQ, he may say, “Well, it’s like if you roll a stone on the ground you won’t get moss.” A failure to abstract. Now he may be smart enough to get that one, but someplace along the line, relative to his intellect, you’d find a surprising amount of concreteness to his thinking.
Another indicator may be delusions, which in Kaczynski’s case I think they’ll find.
How do you test for delusions?
The Rorschach Test, the ink-blot test. As long as a paranoid schizophrenic can systematize, he can keep his thinking relatively organized. If you say, “When were you born, where were you born, what was your mother’s maiden name” and ask very specific questions, someone like Kaczynski will perform well. However, if you give them an unstructured environment, like the Rorschach, they fall apart. If you say, “What do you see in this ink-blot?” a healthy person will say, “It’s a butterfly,” or this or that response that’s within a wide array of things that are correlated to healthy people. A schizophrenic will give you more and more bizarre responses: “Well there’s a gun, and in the gun there’s an amoeba and the gun is in the mouth of a woman …” You also see that their anxiety rises. If you ask them open-ended questions, they’ll get very anxious.
Like, “Tell me about yourself …”?
“Tell me about yourself,” “tell me about your feelings in a winter’s night in your cabin …” Because then they’ll be flooded by unconscious or partially conscious impulses that they’re terrified of and they don’t have the defense mechanisms with which to bind.
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Anything else to look for in Kaczynski?
Major depression, which is acute now because his worldview is crumbling. He’s faced with having to give up the house of cards that has kept him partially sane. If his worldview of the threat of technology justifying murder is seen as simply insane, and therefore invalid, then his whole life has been worthless. That’s a very depressing conclusion that I don’t think he’s capable of bearing.
What makes you think that?
He seems to have gotten much worse since the issue of his insanity defense has come up. That was what presumably led to his suicide attempt. You’re seeing an acute suicidal depression that’s emerging underneath as his paranoid defenses are challenged and begin to crumble.
What would happen if he is found not competent to stand trial?
He would be treated against his will in a mental hospital. Usually, defendants who are found not competent initially come back and are tried once they’ve been given medication and whatever other treatment is deemed appropriate. They are tried when they are cured, or more usually when their symptoms are under control.
You believe Kaczynski is incompetent to stand trial?
I believe he is, though I haven’t examined him. But everyone knows. The cop on the corner knows he’s a loon.
Even before he tried to commit suicide.
Normally, someone who puts his head through a noose and says, “I hate this life, get me out of here,” should not be considered competent to stand trial. If he walked into a community mental health clinic at that point, and was deemed to be a danger to himself, he could be held against his will for treatment. If he were in a hotel room trying to hang himself with his underwear and brought in to a clinic by the police, he would be deemed incompetent and would lose his civil rights despite the Bill of Rights.
So how might the court-appointed psychiatrist find him competent?
Well she could find that he’s not psychotic, though I think that’s unlikely. She could find him psychotic but “compensated.” That is, even though he’s got some ideas that people would regard as delusional, he is quite capable of understanding the proceedings. He doesn’t have to be working well with an attorney. He doesn’t have to be a good attorney to be allowed to represent himself. It’s a very low test. It’s dumbed down and made easy to say he’s competent. It’s much more difficult — but correct — to say that he is a paranoid schizophrenic who is decompensating as the psychotic nature of his beliefs come into question, that he’s also acutely suicidal. On that basis alone, he’s incompetent in my book.
But, in defense attorney Ronald Kuby’s words, if he can tell the difference between the judge and a grapefruit …
That’s the thing. Dumbing it down. The easy way out on this one is to say he’s competent because he’s got a 160 IQ and he can answer some simple questions about what the proceedings are, that he said, “Yes of course I’ll work with the attorney.” And the judge will have no choice — I think he isn’t particularly imaginative anyway — but to let the trial go on. And it’ll be a circus like Colin Ferguson, who represented himself (with Kuby as his legal advisor).
You don’t think Kaczynski should be allowed to be his own attorney?
What will happen if he’s deemed competent — which means nobody will be treating him — and argues his own case in court? His fantasy probably is that he’ll get a platform from which to argue the validity of his beliefs, and in some way to try to justify his actions. To Kaczynski, it almost doesn’t matter if he’s executed because he’d be a martyr in his own mind. “The world wasn’t ready to hear the truth I had to offer.” But the reality will be that as his anxiety rises, under the circumstances of the trial, as the prosecutor cross-examines him and rattles him, he’ll become more and more out of control. His actions and perhaps his behavior will become idiosyncratic and bizarre, as you saw with Colin Ferguson.
Some observers think that Kaczynski may be crazy like a fox, that he has known exactly when and how to disrupt the proceedings, in order to save his life.
Oh sure. The less you know about him, it might seem that way. But I also think
it might save his life because the jurors may have second thoughts about imposing the death penalty after seeing him come apart in the courtroom. Depending upon how disorganized he becomes, it might become a mistrial. He can’t try his own case if he has to be kept in another room watching it on television.
Ros Davidson is a frequent contributor to Salon. More Ros Davidson.
Satan goes to Harvard
In 'Halfway Heaven,' her otherwise acute chronicle of a Harvard student's savage murder of her roommate, author Melanie Thernstrom abandons her painstaking effort to make sense of the killing by resorting to an increasingly popular explanation of heinous crimes -- Good vs. Evil
on May 28, 1995, a murder was committed at Harvard University: Sinedu Tadesse, a 20-year-old Ethiopian scholarship student, stabbed her roommate Trang Ho, a gifted 20-year-old Vietnamese immigrant also on a scholarship. More precisely, Tadesse stabbed Ho 45 times with a hunting knife she had bought expressly for that purpose while Ho lay sleeping in bed. Tadesse then hung herself with a noose she had prepared in advance. The crime was stunning not only because it was savage, but because, as a Harvard official commented at the time, “there (was) no apparent reason.” All the ensuing media coverage, and all the speeches and meetings seemed to make the event more mysterious, not less.
Continue Reading CloseMary Gaitskill is a novelist and short story writer. Her most recent collection is "Because They Wanted To." More Mary Gaitskill.
Blood Sport
As much as she'd like to wallow in the pleasures of Michael Dorris-bashing, Anne Lamott cannot bring herself to. She knew the man, and she remembers their talk last year on the banks of Idaho's Big Wood River.
I am writing this from the same place I met Michael Dorris last year, in Idaho beside the Big Wood River, in the shadow of the Sawtooth Mountains. When we met he was still a highly regarded man, had a number of bestsellers and beautiful children, honors and gratitude heaped upon him for a life of energetic activism. After he killed himself in April, we in the literary world first reacted with an outpouring of sadness and tribute. But within days, the allegations in the media began, and Michael became this season’s Old Testament goat.
Continue Reading CloseAnne Lamott is the bestselling author of seven novels, including "Blue Shoe," "Crooked Little Heart" and "Imperfect Birds," and five works of nonfiction including "Grace (Eventually)," "Bird By Bird" and "Operating Instructions." Her new memoir, "Some Assembly Required," is now available. More Anne Lamott.
Beyond Kevorkian
The Supreme Court says there's no right to die. But the debate on doctor-assisted suicide will only continue, state by state. Salon talks to two advocates on either side of the issue.
The day after the U.S. Supreme Court upheld the constitutionality of state laws that prohibit physician-assisted suicide, Salon spoke with people on both sides of this volatile political and moral debate.
Wesley Smith, a consumer advocate, hospice volunteer and author of the recently published “Forced Exit: The Slippery Slope from Assisted Suicide to Legalized Murder” (Times Books), opposes all physician-assisted suicide. John Brooke, a minister in the United Church of Christ, is head of the California-based Americans for Death with Dignity — which sponsored the l988 and l992 ballot initiatives on physician aid-in-dying in California, both of which narrowly failed.
Continue Reading CloseLori Leibovich is a contributing editor at Salon and the former editor of the Life section. More Lori Leibovich.
Remembering Michael Dorris
Friends and colleagues celebrate the writer's life -- and take issue, sometimes angrily, with those who have raised dark questions about it.
“Leave-taking, I’ve decided, is quite beside the point. Memory, though, is not.” These were the words of historian Simon Schama, speaking at a memorial service Tuesday evening at New York’s Donnell Library for writer Michael Dorris, who killed himself in late April. The service, which followed one held earlier this month at Dartmouth, where Dorris was an adjunct professor of Native American studies, was attended by close to 100 of Dorris’ friends, family members and colleagues, and featured a series of testimonials from a range of figures in the publishing and media world.
Continue Reading CloseJames Surowiecki is a regular contributor to Salon. More James Surowiecki.
M. Scott Peck
The Road Best Traveled: In his latest book, 'Denial of the Soul,' M. Scott Peck argues against the conventional wisdom that euthanasia and assisted suicide are often the right choice. Bill McKibben describes how Peck might actually change your mind on the subject.
m. scott peck’s “The Road Less Traveled” has been on and off the New York Times bestseller list since approximately the Precambrian Era, which of course means I came to his new book prepared to dismiss it as fluffy self-help. And I disagreed with him about the issue at hand, euthanasia, which was a second strike against him, since we read mostly to confirm our own wisdom.
All of which is to say what a bracing shock it was to actually plow through “Denial of the Soul” and discover not only that it was stern and serious stuff, but that Peck had managed to change my mind about the subject of dying.
Continue Reading CloseBill McKibben is the Schumann Distinguished Scholar at Middlebury College, and founder of the global climate campaign 350.org. His latest book is "Eaarth: Making a Life on a Tough New Planet.". More Bill McKibben.
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