Hans Reiser Trial [Guilty of Murder 1st/Sentencing Pending]

[archangel]

The Hans Reiser trial is in recess until January 14th. But the CTV message board is closing down by the end of the year. CTV refugees who want to continue following & discussing the Reiser case may want to come here!

[ScottyDo]

why such a long break?

[archangel]

Hi, ScottyDo!

My guess is that Reiser trial judge, Goodman, just decided that given the Christmas & New Year holidays, it would be better if there's a long recess, instead of breaking the trial up into little bits & pieces. But in the last analysis, I don't know why, not having seen a reason given for the long hiatus in any of the news accounts.

I've found that trials in the state of California seem to be more leisurely than some other states, e.g., Nevada. (Just compare the Phil Spector trial vs. the Darren Mack trial in Las Vegas!) But even within California, it seems that the pace varies with the city or judge. I've attended two trials in the Bay Area: the Scott Dyleski murder trial in Martinez & the Reiser one in Oakland. Comparing the two, the Martinez one puts in more hours per day than in Oakland. The Reiser trial, when it is on, actually takes only 4hours a day, beginning at 10a, lunchbreak at 12n (with a 15-minute break in between), reconvening at 2p, then recessing for the day at 4p. IMO, this extremely lazy pace is a disgrace.

[archangel]

why such a long break?

Another reason may be that witnesses are not available, due to the holidays.

I hope everyone had a joyous Christmas! :love0085:

[Nut44x4]

Inside Bay Area (California)

April 14, 2008 Monday

Reiser asks for new attorney at 11th hour

For the countless time the Hans Reiser murder trial drifted into theater of the absurd Monday as the murder defendant attempted to change attorneys despite both the prosecution and the defense gearing up for closing statements starting today.

Hans Reiser is accused of killing his wife, Nina, who was last seen alive in 2006, while the couple was undergoing a bitter divorce. Nina Reiser's body has never been found. Hans Reiser has pleaded not guilty to the murder.

In somewhat of a surprise, Reiser's defense attorney William DuBois recalled Reiser to the stand Monday afternoon. Reiser briefly answered some questions about why he took two hard drives out of his computer shortly after his estranged wife, Nina, went missing.

"Is there anything on the hard dives that could be considered evidence in this case?" DuBois asked.

"No," said Reiser, adding, "This whole thing is silly."

"What do you mean 'the whole thing?'" DuBois asked.

"The whole case," Reiser responded.

Shortly afterward, DuBois asked Reiser if there were a "couple of things" he wanted to go over while he was on witness stand.

"There's lots of things," Reiser responded.

Reiser then seemed to become agitated, asking DuBois "Why are we doing this?"

DuBois said he had no further questions, but asked Reiser if he had anything to add.

Prosecutor Paul Hora objected to the vagueness of the question, but Reiser responded he wanted to call both his children to take the stand - including his daughter Nio, who was 5 years old when her mother vanished.

"I wish to change my attorney," Reiser said as his defense attorneys huddled. Reiser added he wanted his former divorce attorney, John Fuery, to ask him questions.

All the attorneys and the judge went into chambers for a sidebar.

Reiser, clearly agitated, answered some more questions through numerous objections before the jury was dismissed.

Outside of the jury's presence, Judge Larry Goodman let Reiser address the court, where he again echoed his sentiment of wanting to change lawyers. As Goodman was talking, Reiser cut him off, bringing on perhaps Goodman's strongest words of the case for Reiser.

"You are rude," Goodman said. "You are arrogant. There are not enough words in the English language to describe you."

Goodman again reiterated to Reiser he was fed up with his antics, and would not allow it anymore. He told Reiser the trial would go on with or without him, and that he was free to change attorneys, however; closing statements would begin today no matter who the attorneys were.

Earlier in the day, Alameda County sheriff's deputy Kyle Ritter - a computer forensic examiner - testified he found no real incriminating evidence on two hard drives belonging to Hans Reiser.

Ritter, however, added he likely was able to only get through about 30 percent of the two hard drives - each of which could store 80 gigabytes of data.

The hard drives only recently were turned over by the defense when it came to light in court that Reiser had given them to DuBois. Reiser has testified he took the drives out of his computer shortly after his wife disappeared because he did not want "the government" to get them.

Ritter said he received the two drives on April 3, but only was able to work on them for about four days. He said a complete forensic analysis would have taken up to five weeks.

However, Ritter said in his brief examination of the more than 1.1 million folders on the drives for certain key words - such as "murder," "kill my wife," and Nina's e-mail address - he did not find much relevant to the case.

He also said he did not see any clusters of files that had been erased. On cross-examination, DuBois jumped on the fact Ritter seemed to find little on the computer - with the forensic examiner reminding him constantly he had a limited time to look at the drives.

"I didn't search 30 percent of these hard drives," Ritter said.

The case could be sent to the jury as early as Thursday.
http://www6.lexisnexis.com/publisher/EndUser?Action=UserDisplayFullDocument&orgId=574&topicId=100020825&docId=l:775561476&start=8

[Tracian]

Hans Reiser found guilty of first-degree murder in wife's death
By Chris Metinko
Bay Area News Group
Article Launched: 04/28/2008 03:21:19 PM PDT


A moment of suspense filled the courtroom as each juror was shown the verdict form and asked if it represented their ruling. It wasn't until after all 12 jurors saw the paper did the judge declare the verdict out loud.

The verdict ends a trial that lasted more than six months, in which the prosecution presented a mountain of circumstantial evidence against the 44-year-old computer engineer while the defense pointed to a lack of direct evidence that linked their client with a murder that has never produced a body. The story of Hans and Nina Reiser began in 1998 when Reiser was visiting Russia to hire computer engineers for his burgeoning file system software company. Reiser also went to marriage agencies, seeking a potential wife.

It was in Russia that Reiser met Nina Sharanova, his future wife and mother of their two children.

The defendant was open about the emotional distance between the two. Reiser testified he saw Nina - a physician in Russia - very little after they first met in 1998, but he brought her to the United States anyway. She became pregnant with their first child, Rory, a month after arriving. The couple also had a daughter.

However, the marriage soon fell apart and Nina separated from Hans and filed for divorce in 2004. She won legal custody of their children; Hans had visitation rights.

Over the next two years, the two fought a divorce battle, mainly over ownership of the
company, Namesys, which Reiser had started, and child custody issues.
It was under the visitation and custody rights that Nina left the children at Reiser's home on Sept. 3, 2006 - the last time anyone would know of her whereabouts.

http://www.mercurynews.com/alamedacounty/ci_9085951

[Nut44x4]

Hans Reiser Offers To Lead Cops to Nina's Body
June 06, 2008 | 5:31:27

Hans Reiser, the Linux programmer facing a mandatory 25-to life term for killing his wife, might disclose the location of Nina Reiser's body in exchange for a reduced term, Alameda County District Attorney Thomas Orloff told Threat Level on Friday.

"There's been some overtures," he said. "But everything is in its preliminary stage."

Another source familiar with the proposal, speaking on condition of anonymity because no deal has been struck, said Reiser, the prosecution and Alameda County Superior Court Judge Larry Goodman would have to sign off on the proposed deal. Under the plan, Reiser's cooperation could reduce his April conviction from first-degree murder to second degree. A second-degree conviction in California carries a mandatory 15-to-life sentence.

"The only real leverage he has is if he can provide a body," the source said. "He really doesn't have any options left. Even if he won a retrial somehow, he'd likely be convicted."

Reiser, 44, was convicted by an Alameda County Superior Court jury of killing his wife, who was last seen at his Oakland hills house on Sept. 3, 2006. She dropped off the divorcing couple's two kids to stay with their father for part of the Labor Day weekend.

During his 11 appearances on the witness stand, the defendant claimed his 31-year-old wife abandoned the estranged couple's two young children and moved back to Russia.

The couple met there in 1998, when he was overseas hiring programmers for his Namesys software company that produced the ReiserFS filesystem. He testified that, before she vanished, he accused her of bilking the company out of tens of thousands of dollars.

The deal, as it stands in its early stages, would be off if an autopsy of the body somehow demonstrated that it was first-degree, premeditated murder with, for example, "two bullet holes to the back of the head."

The source also cautioned that it remains to be seen whether Reiser would follow through with the proposal.

Reiser remains jailed without bail. His sentencing is scheduled for July 9.

"There are ongoing discussions," the source said.

Reiser stands a greater chance of seeing the light of day under a second-degree conviction. He would be eligible for parole in 15 years and would stand a better chance at receiving it if he disclosed a body.

Under California law, the governor possesses the power to veto a parole board's decision. Denying culpability is a strong mark against winning parole.

Before trial began in November, Reiser declined a deal with prosecutors in which he would have received an 11-year term in exchange to pleading guilty to manslaughter and disclosing the location of Nina Reiser's body.

On a side note, for Reiser to disclose the body might bring some element of closure to his two children, a boy now 8 and a girl 6. They live with Nina's parents in St. Petersburg, Russia.

The boy, in letters to his father last year, asked his dad why he "hid" his mother.
http://www.propeller.com/viewstory/2008/06/07/hans-reiser-offers-to-lead-cops-to-ninas-body/?url=http%3A%2F%2Fblog.wired.com%2F27bstroke6%2F20 08%2F06%2Fhans-reiser-off.html&frame=true

[TigressPen]

Monday, July 07, 2008 | 7:05 PM



OAKLAND, CA (KGO) -- ABC News has confirmed that authorities are in the process of recovering Nina Reiser's remains from Redwood Regional Park, east of Skyline Boulevard.

We spoke with the office of Reiser's attorney, William Dubois. They confirmed to us that Dubois and Reiser accompanied police into the park Monday afternoon. ABC News reports Reiser led them to his wife's remains.

The body was found in a bag, buried deep in a ravine. The bag was well concealed and could have been easily overlooked. The remains have not yet been exhumed. Present at the scene were Judge Goodman, members of the district attorney's office, Oakland police and Alameda sheriffs.

Reiser's son testified at the trial that he had a dream that he saw his father carry his mother out of the house in a bag.

Sources tell ABC News that a deal was struck with Reiser that would reduce his conviction from first-degree murder to second-degree murder. The lesser charge means Reiser could receive a sentence of 15 years to life, instead of the previous 25 years to life.

Reiser's sentencing has been postponed until forensic verification of the remains can be confirmed.

Back in April, a jury convicted the 44-year-old computer engineer of murder, even though his wife's body had never been found. A jury of five women and seven men reached their verdict after two and a half days of deliberation in a trial that lasted six months. After hearing the guilty verdict, Reiser stood up and said, "I've been the best father."

Our legal analyst, Dean Johnson, says the timing of Monday's excursion into the Oakland hills, two days before Reiser's sentencing, is probably more than a coincidence. He says it's possible Reiser could get his conviction reduced from first-degree murder to second degree murder, and earn a possible 10-year reduction in his prison sentence.

Nina Reiser was last seen on September 3, 2006 when she dropped the couple's two children off at Hans Reiser's Oakland home.

At the time, prosecutor Paul Hora faced the challenge of prosecuting a case without a body. The district attorney's office credited Oakland police with gathering enough evidence for them to prosecute Reiser even though a body had not been found.


http://abclocal.go.com/kgo/story?section=news/local&id=6250678

[TigressPen]

I am glad he stepped up and admitted his crime and led police to Nina's remains. But, I still hope the Judge takes the long road and sentences him to life in prison so he will spend more than 15 years behind bars.

[BettyChand]

OAKLAND, Calif. — Investigators worked into the night to recover a body believed to be a prominent software programmer's estranged wife as authorities kept quiet about what may have prompted her convicted husband's sudden about-face.

Police confirmed a body had been found but would not speculate on the identity or disclose details of the search

http://www.foxnews.com/story/0,2933,377665,00.html

[LiveLaughLuv]

updated 2:02 a.m. EDT, Tue July 8, 2008

Convicted husband leads authorities to body

About-face came days before Hans Reiser was to be sentenced in wife's death

Nina Reiser was last seen alive in 2006; she dropped off the couple's kids for a visit

The two were involved in a bitter custody dispute



OAKLAND, Calif. (AP) -- A prominent software programmer who had denied having anything to do with his estranged wife's disappearance even after he was convicted of her murder led police Monday to what is believed to be her body, defense attorneys said.


Nina Reiser, 31, was last seen alive on Sept. 3, 2006.

The abrupt about-face came just two days before 44-year-old Hans Reiser was due in court to face sentencing on a conviction of first-degree murder returned by a jury in April.

The discovery late Monday afternoon came after Reiser, handcuffed to another of his attorneys, William Du Bois, led police through Redwood Regional Park, defense attorney Richard Tamor said.

The body was found in a grave about 4 feet by 4 feet, Tamor said. Reiser did not have difficulty locating the spot, the attorney said: "He went right to it."

Tamor described Reiser's demeanor as "pensive, as anybody would be."

Police confirmed a body had been found but would not speculate on the identity or disclose details of the search.

The ravine where the body was recovered was less than a mile from the house where Hans Reiser lived with his mother. The house is where Nina Reiser, 31, was last seen alive on Sept. 3, 2006, when she dropped off the couple's two children for a visit with their father.

In the weeks after Nina Reiser's disappearance, police led cadaver dogs into the same hills where the body was recovered. Volunteers combed the area at the time and posted signs seeking information about the missing woman, who was active in a local Russian Orthodox church.

At the scene where the body was found, helicopters buzzed overhead Monday evening and a small knot of people from the neighborhood stood looking on. Longtime resident Michael Arboleda said the discovery was "shocking, to say the least."
http://www.cnn.com/2008/CRIME/07/08/missing.mother.ap/index.html?iref=mpstoryview

[Tracian]

A coward to the end, the only reason he led police to the body was to help himself.

I hope the judge throws the book at him.

[IfIMay]

Does the Judge have to go along with a plea agreement? I can't imagine this Judge is too happy that Hans perjured himself in his courtroom.

A coward, like you said Tracian.

[Tracian]

Does the Judge have to go along with a plea agreement? I can't imagine this Judge is too happy that Hans perjured himself in his courtroom.

A coward, like you said Tracian.


What makes me just shiver, is the thought that he may have been acquitted and his own son, who testified would have to live with him. His son remembered seeing what his father did; it just goes to show you what kind of twisted creature this is, to allow his son to suffer further by testifying in court, and then basically calling him a liar.

There is nothing they could do bad enough to this creep, nothing.

[sWeeTcAnDy]

Hey LLL!

*smile*

[LiveLaughLuv]

Hey LLL!

*smile*


Hey Sweet, glad you came on over. :0012:

Prosecutor Paul Hora said Tuesday that Reiser's revelation was part of a proposed deal that would reduce his conviction from first- to second-degree murder. That deal still needs to be approved by a judge.

Hopefully the judge will NOT go along with this deal. Give him his just desserts.

[Tracian]

OMG!!!! Hans gave an interview to KTVU....

He claims:

He killed her because she had a disorder that caused her to make her kids 'sick' for attension for herself. (It is called Munchausen's syndrome by proxy)

He claims he never lied as an adult, until this (my words) itty bitty lie, about murdering his wife.

He claims that he had to kill her because he loves his kids and wanted them safe.

I really hope that his big mouth from this interview will keep his conviction to first degree murder.

[Tracian]

Here is the link to the video interview....he is a creepy looking freak!!!

http://www.ktvu.com/index.html

[Tracian]

DUBLIN, Calif. -- Speaking to the press for the first time since he led authorities to where he buried the body of his estranged wife Nina, convicted murderer Hans Reiser gave an exclusive interview with KTVU Channel 2 News Tuesday night in which he claimed everything he did was out of love for his children and to protect them from abuse at the hands of their mother.

Appearing tired and drawn at the Santa Rita Jail, Reiser spoke with KTVU reporter Amber Lee for some 15 minutes after outlining topics he would not discuss, specifically the events of the previous day when he led police and prosecutors to the site where he buried Nina's body and the events surrounding her death.

Though he spoke haltingly and was cautious in his responses, consulting with his attorney William Du Bois prior to the interview, Reiser was forthcoming on several subjects. He expressed remorse for his actions and for lying about Nina's death, even apologizing to his Russian mother-in-law who currently has custody of the Reiser's two children.

Reiser's children were the focus of much of the interview, stating "I did what I could to keep them safe." Reiser readily admitted that he in his words "drove Nina insane," but he also expressed concern over abuse he claimed Nina inflicted on the children because of Munchausen by proxy syndrome or MBPS. Reiser said Nina suffered from this mental disorder that involves a parent misleading others into thinking that a child has medical problems by exaggerating conditions and reporting fictitious episodes.

Reiser claimed that everything he did -- including lying about Nina's whereabouts during the trial -- was done out of love for his children and a desire to protect them from abuse that stemmed from Nina's struggle with the disorder.

Still, Reiser acknowledged that he had gone too far in his actions: "Rory had a right to be safe from abuse, yet Nina had a right to live."

But he expressed remorse for his duplicitous court testimony.

"I would like to apologize for having lied on the witness stand, and I'm sorry I did that," he said. "I had never lied before as an adult. But to know that my children are safe and in my arms, I'm willing to lie, and that is wrong. But that's what I was willing to do."

"I did what I did to keep them safe. Sometimes when fathers protect their children, they go down and they don't get up."

The interview came only hours after investigators confirmed that the body revealed to them by convicted murderer Hans Reiser is that of his estranged wife.

The prominent software engineer was found guilty of first-degree murder in the case in April even though Nina Reiser's body had not been found. Reiser showed police the body in exchange for a chance of a lighter sentence, said prosecutor Paul Hora.

The deal, which must still be approved by a judge, was made with the support of Nina Reiser's family. "Ultimately this was done for the family," Hora said.

Police said Nina Reiser's identity was confirmed by dental records, jewelry and clothing. They said the cause of death is still under investigation and declined to give many specifics of what they found when Reiser led them to the body Monday.

But Oakland police Lt. Ersie Joyner III did say evidence from the grave, which was in a ravine in a park not far from Reiser's house in the Oakland hills, indicates Reiser did not have help from anyone else.

The disappearance of Nina Reiser, who was last seen on Labor Day weekend in 2006 when she dropped off the couple's two children for a visit with their father, had prompted a long and intense search, including the area where the body was found.

But Joyner said the grave was in a remote area at least 40 yards from any path and probably would never have been found without Reiser's directions.

At trial, the 44-year-old Reiser had adamantly denied he had anything to do with Nina Reiser's disappearance, and the defense suggested she might have run away to her native Russia.

Prosecutors said that was nonsense, pointing out that traces of her blood were found in his home and car. Witnesses testified that she would never have left her children.

Reiser took the stand for several days, giving long, rambling answers and at times getting scolded by the judge for arguing with the prosecutor.

After jurors convicted Reiser, the defense approached prosecutors with an offer, Hora said.

If a judge approves, Reiser will be allowed to plead guilty to second-degree murder in return for showing authorities the body and giving up his right to appeal, Hora said.

Reiser's defense attorneys did not immediately return messages Tuesday. On Monday, his attorneys declined to comment on whether Reiser had been offered a deal.

First-degree murder carries a sentence of 25 years-to-life, compared to 15 years-to-life for second degree murder. That means Reiser could seek parole sooner, although there is no guarantee he would get it.

Reiser had been scheduled for sentencing Wednesday, but Hora said both sides will ask that the hearing be postponed.

Hora said he spoke to Nina Reiser's mother Tuesday morning. He said he is satisfied with the result of the deal, but "I'm also saddened because the mourning process has begun again."

He saw the discovery of the body as vindication for the family considering the defense trial strategy.

For instance, he noted that there were allegations that Nina Reiser's mother had coached the couple's young son, now 8, on what to say in the courtroom. "He drew a picture of his father walking down the stairs with Nina in a bag," Hora said. "Nina was found in a bag."

The deal means Nina Reiser's family doesn't have to live with uncertainty, Hora said.

"Now the family gets to pick the burial site, not the defendant," the prosecutor said.



http://www.ktvu.com/news/16827127/detail.html

[LiveLaughLuv]

Reiser's children were the focus of much of the interview, stating "I did what I could to keep them safe." Reiser readily admitted that he in his words "drove Nina insane," but he also expressed concern over abuse he claimed Nina inflicted on the children because of Munchausen by proxy syndrome or MBPS. Reiser said Nina suffered from this mental disorder that involves a parent misleading others into thinking that a child has medical problems by exaggerating conditions and reporting fictitious episodes.

Not that it makes a bit of difference, are they any hospital records backing his claims of MSBP? Where there unexplained hospital stays? Does he have anything to back that? He admits to driving her insane. Wow, what a champ! He wanted to keep his children safe. What about being safe from him?

For instance, he noted that there were allegations that Nina Reiser's mother had coached the couple's young son, now 8, on what to say in the courtroom. "He drew a picture of his father walking down the stairs with Nina in a bag," Hora said. "Nina was found in a bag."

So his son wasn't lying , caught in another lie. Does he think by admitting this, he may not be convicted of perjury as well. Since when does murder constitute a "white lie"? Sick POS!

One thing he said in that interview, he was very impressed with himself, (as he went over the police interrogation tapes) and sure is coming over that way. His eyes, his voice make me cringe. He is one scary dude. :hide:

[Tracian]

He was willing to sacrifice anyone for HIS FREEDOM.

Could you imagine if he was found NG and the children had to live with him?

[NJ_Nurse]

Like so many other guilty murderers before him, Hans pleaded innocent, causing the state to spend who knows how much taxpayer money over the six months long trial. THEN he decides to come clean so he can make a deal to serve less time in jail.

I hope the Judge has the latitude to squelch that deal and make a life sentence happen.

From my mouth to God's ears!

[Oceanblueeyes]

OAKLAND, Calif. — Investigators worked into the night to recover a body believed to be a prominent software programmer's estranged wife as authorities kept quiet about what may have prompted her convicted husband's sudden about-face.

Police confirmed a body had been found but would not speculate on the identity or disclose details of the search

http://www.foxnews.com/story/0,2933,377665,00.html

Well it was because 15 to life looked better to Reiser than what he was going to face which was 25 to life.

imoo

[Elfinrow]

I cant stand his voice, am watching on abc and this guy is so FOS and he creeps me OUT. Totally!!!

Freak Alert!!

[Tracian]

Well it was because 15 to life looked better to Reiser than what he was going to face which was 25 to life.

imoo


Hiya Ocean!!!

Makes me sick that bringing LE to the body gets time shaved off...talk about twisted logic and justice denied to the victim. Bundy tried the same crud...but that BUZZ was on him...as it should be!!!

[sWeeTcAnDy]

I read about an inmate who got 15 to life. He's still incarcerated after 37 years. I'm trying to find the article and when I do, I'll post it.

[NJ_Nurse]

SanFrancisco Chronicle July 10, 2008 Henry K. Lee Staff Writer

.........Reiser rejected a deal before the trial under which he would have pleaded guilty to voluntary manslaughter and been sentenced to just three years in prison. Had he agreed to that, he would have been out of prison next May, the judge noted.

Instead, Reiser chose to "roll the dice" by going to trial, Judge Larry Goodman said.....

Hans Reiser has obligations he must fulfill before he gets a break on his prison sentence, but the deal the convicted wife killer cut with prosecutors was in the best interests of the victim's family, the judge who presided over his trial said Wednesday.

Judge Larry Goodman of Alameda County Superior Court, in an unusual statement from the bench, made an impassioned defense of the agreement under which Reiser would be sentenced for second-degree murder for strangling his estranged wife, Nina, rather than for the first-degree murder verdict that a jury returned in April.

But before he sentences Reiser to 15 years to life in prison, instead of the 25 years to life under a first-degree conviction, Goodman said he wanted to make sure the one-time computer programmer wouldn't try to wriggle out of his end of the bargain.

"I want to make very clear that the court has not accepted or agreed to any deal," Goodman said.

The judge did not specify what Reiser has to do, but sources have said he must tell authorities exactly how he killed Nina Reiser. He must also formally waive his right to appeal his conviction.

Full story: http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2008/07/10/BA7011MACP.DTL

[grammybears]

Why is it the predator always try to put blame on the victim.
Isn't it funny when he was faced with a 25year sentence that he finally comes clean about where she is and wants to show where the body was. He was not imo trying to protect the kids. He did this because he wanted to be in control and did not want to give her any money that she was entitled to.

I hope the judge rejects the plea agreement and has to face life in prison.