The Justice Department believes Theodore Kaczynski can be prosecuted under a 1994 federal death penalty law for a fatal Unabomber attack in 1985 as well as one last year, an official said Tuesday.
The federal death penalty law for fatal mail bombings was declared unconstitutional in 1994 by the 9th U.S. Circuit Court of Appeals here. But a new federal death penalty law was passed later that year, covering fatal mail bombings and numerous other crimes.
Kaczynski was indicted Tuesday by a federal grand jury in Sacramento on 10 felony charges stemming from four bombings.