Declaration of Phillip J. Resnick, M.D. in United States v. Kaczynski.

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I, Phillip J. Resnick, do hereby state as follows:

1) I am a board certified psychiatrist with Added Qualifications tn Forensic Psychiatry. I am currently employed as a Professor of Psychiatry at Case Western Reaarvo Uni vara it y School of Madidno in Cleveland, Ohio.

2) I have a Bachelor of Arts degree in Psychology and a medical degree from Case Western Reserve University. 1 complotod a one year internship at William Beaumont Hospital and a three year psychiatry residency at University Hospitals of Cleveland.

3) I have reviewed the voluminous writings of Hr. Theodore Kaczynski, the defense motion dated November 18, 1997, and the attached declarations of Dr. Xavier Amador, Dr. David Foster, and Dr. Karen Freeing. Xn addition, I interviewed neighbors and associates of Mr. Kaczynski in Lincoln, Montana.

4) Mr. Robert Cleary has requested that I communicate my opinions regarding the refusal of Mr. Kaczynski to submit to a psychiatric examination by government experts.

5} It is my opinion that Mr. Kaczynski's refusal to submit to a psychiatric examination by government experts la willful, based an his own goals. Specifically, I believe that Er. Kaczynski does not want to be labeled mentally ill. The following evidence supports this opinion:

a. Mr. Kaczynski wrote in his journals that one of the reasons he was leaving a written record of hie motives for his planned killings was to avoid the possibility that hie actions would be explained as those of a “sickie." The following excerpts demonstrate this:

"I intend to start killing people. If I am successful at this, it is possible that, when I am caught (not alive, I fervently hope!) there will be some speculation in the news media as to my motives for killing (As in the case of Charles Whitman, who killed some 13 people in Texas in the 60's). If such speculation occurs, they are bound to make me out to be a sickie, and to ascribe to me motives of a sordid or "sick" type. Of course, the term "sick" in such a context represents a value-judgement. I am not very concerned about the negative value - judgements that will be made about me, but it does anger me that the facts of my psychology will be misrepresented. For that reason I have attempted to give here an account of my own personality and its development that will be as accurate as possible."

"As I said, if I succeed in killing enough people, the news media my have something to say about me when I am killed or caught. And they are bound to try to analyse my psychology and depict me as “sick”. In [s/o] this connection I would point out that many tame, conformist types seem to have a powerful need to depict the enemy of society as sordid, repulsive, or "sick".* This powerful bias should be borne in mind in reading any attempts to analyse my psychology."

b. Mr. Kaczynski was Intent on doing wall on the psychological testing with Dr. Fromlng and assured her there was nothing wrong with him. He authorized the testing only because he believed that it would prove that he did not suffer from any neurological deficit impairing his social functioning (Framing declaration).

6) It is possible that Mr. Kaczynski la not suffering from a severe mental illness and does not want to bo unjustly labeled a» mentally ill. He may have rationally concluded that if he were labeled mentally ill, his political anti-technology agenda would be denigrated. It is also possible that Mr. Xaceynakl is mentally ill and lacks insight into hlc illness. Since the majority of schizophrenics lack insight into their illness, the look of inflight itself does not explain his refusal to ba examined. Most schizophrenics without insight referred for court mandated examinations cooperate in such examinations.

7) It is my opinion that Mr. Kaczynski Is not fearful of a psychiatric examination by govornmant experts due to any mental illnesfl. The following evidence supports thia opinions

a. Mr. Kaczynski did not reveal fear of being oxaminad to any of hie mental health examiners. Specifically,' Ko did not reveal fear of examination to Dr. Foster or Dr. FromIng.

b. Mr. Kaczynski was willing to see Dr. Foster due to aocns health concerns and ha was willing to aae Dr. Framing to prove that ho was net mentally or nourcloglcally impaired.

c. Although Dr. Foster alleged Ln his declaration that the letters submitted by the government In support-of their motion filed November 14, 1997 confirmed Nr. Kaczynski's genuine tarrer at the prospect of examination by government experts, I could find no evidence of terror in an£ of those letters, redacted ox unredacted.

8) Dr. Amador stated in his declaration, “It is not at all surprising, in ray experience, that Mr. Kaczynski, with his paranoid delusions* would refuse an evaluation demanded by a government agency that seeks his death. Given the number and type of paranoid delusions held by Mr. Kaczynski, it la my opinion that ha would be incapable of trusting the truthfulness and moral integrity of anyone representing the government.* It is fny opinion that even in the absence of paranoid delusions, a teaconable person would be appropriately guarded and uneasy with psychiatric examiners employed by a government chat ia seeking his death.

9) It la ny opinion Chat the writings of Mr. Kaczynski alone would not provide an adequate basis to rebut an allegation that Mr. Kaczynski's illness precluded his formation of the requisite mens rea for the crimes with which he ia charged. A face to face examination in which I could inquire directly about his thinking and motives for the crimes would provide invaluable data.

10) A defense motion has suggested that mental health professionals who both had contact wieh Mr. Kaczynski and rolled on documenta, should be allowed to testify based upon the documents only. It iz my opinion that once a mental health expert has seen doewnance and seen the defendant, 1c would not be possible co rule oue unconscious contamination of the opinion from having seen the defendant personally. 20)

I declare under penalty of perjury that the foregoing is true and correct.

Executed on November 19, 1997.