Farella Braun + Martel Complimented for Representation of Unnamed Victims of the Unabomber in Ninth Circuit Court of Appeals Opinion

SAN FRANCISCO, January 16, 2009 - Kelly Woodruff and Farella Braun + Martel were complimented by the Ninth Circuit for our "extraordinary efforts" on behalf of victims of the Unabomber in a recently published decision.  Kelly was appointed by the Ninth Circuit Court of Appeals as pro bono amicus counsel for 22 of the "Unnamed Victims" of the Unabomber, Ted Kaczynski. 

Kaczynski had appealed a District Court order denying his motion for the return of his personal property, including guns, ammunition, bomb making materials, books, writings and miscellaneous personal property, and ordering that the property be sold at auction for the benefit of the four victims who had obtained restitution orders during Kaczynski's sentencing (the "Named Victims").  The Ninth Circuit had previously appointed pro bono counsel for the Named Victims, who participated in the District Court proceedings and had a voice in the plan for the disposition of the property.  On appeal, the Ninth Circuit appointed counsel for the Unnamed Victims, those victims who chose not to seek restitution from Kaczynski, to present their views as well. 

Although all the victims agreed that the Ninth Circuit should affirm the District Court's denial of Kaczynski's motion, the Unnamed Victims argued that the issue of how the property was ultimately disposed of was not a proper issue for appeal and that the District Court's approval of the plan to auction the property should be reversed and remanded to consider the opinions of the Unnamed Victims.  In particular, the Unnamed Victims did not want Kaczynski's property sold, preferring instead that it be sold or destroyed to avoid further publicity about the Unabomber.  The Ninth Circuit rejected each of Kaczynski's arguments and affirmed the District Court in all respects, including approval of the plan to sell the property.  Although the Unnamed Victims were disappointed that the plan for disposition of Kaczynski's property was affirmed without the opportunity to present their viewpoints, they were extremely pleased that the Ninth Circuit affirmed the District Court's denial of Kaczynski's motion for the return of his property.

Farella Braun + Martel represents clients throughout the United States and abroad in sophisticated business transactions and high-stakes commercial, civil and criminal litigation. Founded in 1962, the firm is headquartered in San Francisco and maintains an office in the Napa Valley focused on the wine industry. Farella Braun + Martel lawyers are known for their imaginative legal solutions, dynamism and intellectual creativity. With an unwavering service ethic and interdisciplinary team approach, the firm is committed to advancing clients' objectives in the most effective, coordinated and efficient manner. Farella Braun + Martel is a green business. www.fbm.com

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Cheryl Loof
Farella Braun + Martel
415.954.4433
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