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Kaczynski refuses to be tested by psychiatrist

Violating a judge's order, Unabomber defendant Theodore Kaczynski is refusing to submit to psychiatric testing conducted by doctors for the prosecution, a court official said Friday.

Kaczynski, 55, was scheduled to begin seven days of court-ordered mental examination on Saturday.But on Friday, Kaczynski's defense team said in a conference call with U.S. District Judge Garland Burrell Jr. that Kaczynski was refusing to submit to the tests.

He "stated through his counsel that he would not submit to the mental examinations as required by the court's orders," courtroom clerk Connie Farnsworth said in a statement.

A prosecution spokeswoman said the government would press Burrell to bar the defense from introducing psychiatric evidence at trial, as lead prosecutor Robert Cleary had urged last month, unless Kaczynski submits to the testing.

"We asked the court that if he didn't comply, that he be precluded from introducing that evidence," said spokeswoman Leesa Brown. "It's a question of fairness."

There was no immediate indication what action Burrell would take in response to Kaczynski's defiance. The next hearing in the case is scheduled for Thursday.

Defense attorney Quin Denvir did not immediately return a message left at his office.

The trial is scheduled to begin Nov. 12. Kaczynski has pleaded not guilty to a 10-count indictment accusing him of using bombs to kill a computer store owner and a lobbyist in Sacramento, and to injure two others. He faces the death penalty if convicted.

Burrell permitted the government to use two psychiatrists to conduct nearly 40 hours of examinations over seven days. Prosecutors said they needed the tests to confront a potential mental-defect defense.

Denvir said the tests violated Kaczynski's constitutional protection against self-incrimination and invaded his privacy, and argued that prosecutors were using the tests to develop evidence against Kaczynski.

Kaczynski's lawyers have indicated he has paranoid schizophrenia.