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| Nina Reiser - Goto page Previous 1, 2, 3, 4, 5 |
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olympic
 Posted:
Wed Jul 09, 2008 4:24 am |
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A hole is seen on the side of a steep hill off a deer trail...
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Joined: 18 Dec 2006
Posts: 1651
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| Saucey
Posted:
Wed Jul 09, 2008 6:21 pm |
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| Schmerty wrote: |
On KCBS.com Juror # 7 comments on how he feels & how the other eleven jurors feel. He thinks this is not right for the Jury's verdict of guilty of 1st degree murder to be changed & especially considers the defense attorney a manipulating so & so.
I wish I could post large excerpts. I'm using a" macbookpro" that is new to me. I haven't learned how to stop thinking "windows & Mouse"
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Thank you, I will go read there.
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Joined: 06 Apr 2007
Posts: 211
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| Saucey
Posted:
Wed Jul 09, 2008 6:24 pm |
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| olympic wrote: |
A hole is seen on the side of a steep hill off a deer trail...
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It is amazing to me that searchers scoured that land all around there with cadaver dogs and found nothing. I guess sometimes the dogs miss things. At least now she can have a proper burial, instead of just being tossed in a hole.
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Joined: 06 Apr 2007
Posts: 211
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| Schmerty
Posted:
Thu Jul 10, 2008 1:59 am |
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Did you manage to see "Prime Time, Crime" ? It gives a very good look, insight into how his attorney & his Mother view him.
His Father is almost a clone.'" Nina was a golddigger'"YAH! Where was the gold?? in the hole he dumped her body?????
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Skipping along my own path.
Joined: 24 Mar 2006
Posts: 3280
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| Noor
Posted:
Thu Jul 10, 2008 7:43 am |
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I saw "prime time" last night.
What a scary strange dude.
His father is just as strange.
It was a very good program.
Yes Schmerty it did give a very good look inside the sad story.
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Marco
Joined: 02 Jun 2006
Posts: 4632
Location: Ohio
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| Saucey
Posted:
Thu Jul 10, 2008 5:22 pm |
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| Schmerty wrote: | Did you manage to see "Prime Time, Crime" ? It gives a very good look, insight into how his attorney & his Mother view him.
His Father is almost a clone.'" Nina was a golddigger'"YAH! Where was the gold?? in the hole he dumped her body????? |
I was upset when i realized I missed that show. However, if he and his father are that much alike then the fruit doesn't fall far from the tree, as they say.
It bothers me that Hans Reiser a major manipulator, is now manipulating the legal system for a reduced sentence.
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Joined: 06 Apr 2007
Posts: 211
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| dugo
Posted:
Sun Jul 20, 2008 11:03 am |
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copy/paste .. for completeness sake ..
Hans Reiser Trial: July 9, 2008
Henry K. Lee has been liveblogging the Hans Reiser murder trial. See all his Chronicle articles on the case here and all his blog entries here.
We're waiting for the hearing to begin. The gallery is filled with reporters and some of the usual trial-watchers. All the players are back in the saddle.
John Fuery, Hans' former divorce attorney, called out to prosecutor Paul Hora as he strode into the courtroom. "Mr. Hora!" Fuery said holding up a stack of legal papers. As he headed into Judge Larry Goodman's chambers, Hora told Fuery to put it on his desk, and the attorney did so by lobbing it onto a table marked "Plaintiff." There had been some dispute for a while in recent weeks over whether Hans wanted Du Bois and co-counsel Richard Tamor to stay on as his attorneys. Hans indicated that he wanted Fuery to replace them as of late June, but as of now Du Bois and Tamor are still on board.
Fuery has filed with the court a request for a judicial order "directing the Alameda County sheriff and deputies to permit legal reasonable continuous attorney-client visitation for attorney John J. Fuery with defendant Hans T. Reiser." The papers detail incidents in which Fuery, Reiser's civil attorney, was allegedly barred from seeing Reiser in jail beginning July 1. Fuery wrote that he's visited Reiser since his arrest in October 2006.
In the filing, Fuery writes that Nina's body could have been recovered earlier had the criminal defense team "enlisted the aid of attorney Fuery."
Goodman took the bench at about 10:30 a.m. Reiser is seated and wearing a red jail jumpsuit, his hands shackled to the waist. The judge asked Du Bois to confirm who exactly was Reiser's attorneys, and Du Bois said that question should be posed directly to Reiser. Goodman asked Reiser if it was true that he wanted to keep Du Bois and Tamor as his attorneys in the criminal proceedings, and Reiser said, "Yes, it is." "And not Mr. Fuery?" the judge asked, and Reiser agreed.
But at this point Fuery stood up and walked past the bar separating the gallery from the rest of the courtroom. "Mr. Fuery, if I can ask you to step behind the bar," Goodman said. "Yes, your honor," he said, but not before stating that he wished to put a few things on the record, including that he didn't abandon his client. He did so and was able to bring up another issue, but Goodman said now would not be the time.
The judge turned to a motion the defense filed in June asserting that Reiser was mentally incompetent and that an evaluation was in order. But Du Bois said he's essentially withdrawn that motion. Nevertheless, Goodman said out of an abundance of caution, he still wanted to make a finding that "the court has absolutely no doubt" that Reiser is competent, was able to assist in the preparation and presentation of his defense and was able to communicate with counsel. This was based on Goodman's observations of Reiser since the judge was assigned the case in June 2007 to April 28 of this year, the date of the jury verdict.
Goodman next gave an unusual soliloquy from the bench, one he said was in response to a "media feeding frenzy" replete with misstatements, misinformation and speculation with regard to the proposed deal with Reiser.
"There are some things the court wants to set forth, for the record, and also for the public, so there's no more misunderstanding. Some background here. First of all, before the trial started, in early September, an offer was communicated to Mr. Reiser that if he would reveal the location of Nina's body and to state, for the record, what had happened, that he would be allowed to plead to voluntary manslaughter. Voluntary manslaughter carries a sentence of 3, 6, or 11 years. This court personally communicated to Mr. Reiser that it would impose the low term of 3 years, in an effort to spare the family and children the ordeal of testifying at trial and also to save taxpayers the cost of the trial. A 3-year sentence for voluntary manslaughter equates to 1095 days. The law requires that a person serve 85 percent of that time, which is 941 days. As of today, Mr. Reiser has served 639 days, which means had he accepted the deal, Mr. Reiser would be freed from custody in 292 days, or approximately May 2009. That deal was rejected by Mr. Reiser, and he chose, if you will, to roll the dice and go to trial as a result of that." The jury found him guilty of first-degree murder, which carries a sentence of 25 years to life, he said.
"I want to make very clear that the court has not accepted or agreed to any deal that has been promulgated between the prosecution and defense counsel. Before this court will consider or accept such a deal, the court has to be convinced that Mr. Reiser has met all of his commitments as part of the negotiated disposition. The court has to be convinced that the deal is ironclad, that the defendant waives his appellate rights, both state and federal habeas corpus. Quite frankly, based upon the court's observations of Mr. Reiser, I will not accept a deal until I will be convinced he won't able to (engage in manipulation)."
Goodman said he's taken into consideration the wishes of Nina's family. "I've been told today that the family is 100 percent behind the disposition because it allows Nina to come home."
"I do also take into consideration the hard work and dedication that the jurors in this case showed by returning a verdict of first-degree murder. The jury, in fact, gave the prosecution the leverage they needed to be able to find the body of Nina. The court is absolutely convinced that without that verdict, Mr. Reiser would have made no effort whatsoever to assist in locating the body."
Goodman discussed the meaning of the sentences for first- and second-degree murder. First-degree murder carries a sentence of 25 years to life, while second-degree carries 15 years to life. "But in fact, those numbers, 15 and 25, are meaningless. Those are simply the dates upon which a person becomes eligible for parole. There is no guarantee whatsoever that after 15 years or 25 years, whichever sentence is ipmosed, that a person would be released. The person simply becomes eligible for a parole hearing and must present themselves before the Board of Prison Terms. And the Board of Prison Terms decides whether or not they'll be released," after taking into consideration the seriousness of the offense, whether it was "particularly heinous or vicious" and whether the inmate has shown remorse or accepted responsibility. If the board agrees to parole someone, then a parole date is set. The decision is then reviewed by the governor as well as the entire parole board. If parole is denied, then another parole hearing is set. Goodman noted that he handles all post-conviction writs for Alameda County for those convicted of first- or second-degree murder. "I have, on various occasions, seen people who have been sentenced to second-degree murder serve more time than people sentenced for first-degree murder, based upon their conduct while in state prison."
"Most importantly, the court wants to note that this decision, if it's accepted by the court and is negotiated by Mr. Du Bois and Mr. Hora, is for the benefit of Nina's family. Don't underestimate the importance to (the Reiser children) for them to be able to go where they know where their mother is buried and there's no question, again, whether she is alive. It's interesting to note that our government goes to great lengths to bring home remains of citizens killed overseas, because our government reocgnizes the importance of closure, to have burial sites for loved ones.
"The verdict this jury returned gave the district attorney's office the leverage it needed in order to accommodate Nina's mom and dad and Nina's children, so they also will have a place where they can go and mourn the loss of their mother and daughter.
"At this time, the negotiations are ongoing as to whether or not Mr. Reiser lives up to all the requirements before I will accept the deal. There are other negotiations and communications going on with the family at this point."
The judge set what he called a "control date" for 10 a.m. Aug. 13, at which point Reiser could be sentenced under the deal -- or under the original first-degree murder conviction -- or the negotiations would continue.
Outside court, Du Bois denied any suggestions that his client had received "overly lenient treatment. Actually, Mr. Reiser is not being treated leniently. He's serving much more time than he would have had he been more rational." Du Bois said if he was the last person to see his ex-wife, "regardless of whether I had anything to do with her being missing, I would take three years in the blind."*
Hora said outside court that the deal for Hans to get a three-year sentence never went through because he refused to give up Nina's body. "I have to have Nina," Hora said. "Without Nina, there's no deal." As far as the deal in the works, Hora said, "A deal is a deal. He has to follow through on all his commitments. That's his decision, not mine."
Juror No. 5, retired Oakland audio technician David Turner, 61, showed up at the hearing. He said he understands the need for closure but noted, "I think a lot of money was wasted, for sure." Turner said the jury concluded that Reiser had premeditated the killing, based on his e-mail threats to Nina and his missives to Alameda County Supervisor Gail Steele, whom he believed could help him change the family law system.
All in all, "that's the way it is," Turner said. "That's our system. It's the best we have."*
* Du Bois' remarks says a whole lot about that system..
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Dashing Dutch Dynamo Dude
Joined: 12 Apr 2006
Posts: 6007
Location: L4L
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| dugo
Posted:
Tue Aug 26, 2008 12:39 am |
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OAKLAND (BCN)
Convicted murderer Hans Reiser has given an hour-long statement to authorities about the day he killed his estranged wife Nina, prosecutor Paul Hora said in court today.
At the end of a long afternoon in the courtroom of Alameda County Superior Court Judge Larry Goodman, during which Reiser attempted to fire his defense attorney, Hora said in a brief hearing on the record that Reiser, 44, gave the statement in a closed-door meeting in Goodman's courtroom last Thursday.
Hora didn't disclose what Reiser said, but he said the transcript of Reiser's statement is 30 pages long.
Outside court, Hora said he doesn't want to say anything about what Reiser said until after Reiser is sentenced by Goodman on Friday.
"This is still in process and it's not over until it's over," Hora said. "It's not final."
Nina Reiser, who married Hans in 1999 but separated from him in 2004 and was awarded custody of their two children, was last seen alive on Sept. 3, 2006, when she dropped off the children at his home in the Oakland hills.
Hans Reiser was prosecuted for her death even though her body hadn't been found.
Reiser, a computer programmer, spent 11 days on the witness stand denying that he had anything to do with Nina's disappearance, but at the end of his six-month-long trial on April 28 jurors convicted him of first-degree murder.
On July 7, Reiser led authorities to a remote spot near his house where he had buried Nina's body and her remains were positively identified the next day.
In return for Reiser's post-verdict cooperation, Hora agreed to allow Reiser to plead guilty to the lesser charge of second-degree murder.
If Goodman, who presided over Reiser's trial, approves the deal, Reiser will serve 15 years to life in state prison instead of the 25 years to life he would have faced for first-degree murder.
The plea agreement calls for Reiser to disclose how he killed Nina. Reiser apparently discussed that subject last week, but Hora and defense attorney William DuBois declined to confirm that today.
Reiser was in Goodman's courtroom from 2 to 5 p.m. today and frequently conferred with DuBois, both in court and in a stairway outside court. Reporters were kicked out of the courtroom after Reiser said he wanted to fire DuBois, something he has threatened to do on many previous occasions.
At a short open hearing that started at 4:47 p.m., Goodman said there were about two-hours worth of closed discussions today.
Outside court, DuBois said Reiser "tried to fire me for about the 15th time" but he's still Reiser's lawyer and will represent him at his sentencing on Friday.
DuBois said, "It's been a difficult case. In today's parlance, it's been very challenging."
Hans Reiser, who was born in Oakland and was admitted to the University of California, Berkeley, at the age of 16, met Nina in Russia, where she was born and was trained as a physician and where he often spent time doing business for his computer file system company.
In 1999 they moved to Oakland and were married, but she filed for divorce and separated from him in 2004. Although Nina was awarded legal custody of their two children, Hans had visitation rights.
The children moved to Russia in December 2006 to live with Nina's mother.
(© 2007 The Associated Press. All Rights Reserved. In the interest of timeliness, this story is fed directly from the Associated Press newswire and may contain occasional typographical errors. )
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Dashing Dutch Dynamo Dude
Joined: 12 Apr 2006
Posts: 6007
Location: L4L
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| dugo
Posted:
Tue Aug 26, 2008 12:42 am |
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Sentencing delayed in Hans Reiser murder case delayed
The Associated Press
Article Launched: 08/25/2008 06:50:13 PM PDT
OAKLAND, Calif.—A day of legal wrangling Monday delayed the sentencing of Oakland computer programmer Hans Reiser, who was convicted in April of murdering his estranged wife.
During the three-hour hearing, most of which took place behind closed doors, Reiser said he wanted to dismiss his lawyer, a maneuver he has attempted before during the case.
Reiser's defense attorney William DuBois says his client later decided not to change lawyers.
The 44-year-old software engineer was convicted of first-degree murder even though Nina Reiser's body had not yet been found. Reiser later led police to her body in exchange for the possibility of a lighter sentence. He had buried the body in a ravine near the couple's home.
Alameda County Superior Court Judge Larry Goodman must still approve a deal worked out by prosecutors and defense attorneys that would allow Reiser to receive a sentence for second-degree murder.
Both charges carry a maximum of life in prison, but the lesser murder charge would allow Reiser to seek parole at 15 years instead of 25.
At Monday's hearing, a transcript of a verbal statement given by Reiser to prosecution and defense lawyers was submitted to Goodman.
Both sides declined to comment on the contents of the statement, which Goodman said would not be made public until after Reiser's sentencing, now scheduled for Friday morning.
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Dashing Dutch Dynamo Dude
Joined: 12 Apr 2006
Posts: 6007
Location: L4L
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| dugo
Posted:
Sat Aug 30, 2008 1:42 am |
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OAKLAND, California – Linux guru and convicted murdered Hans Reiser was handed a prison sentence of 15-to-life Friday, putting a final capstone on a case that began as a murder mystery, and ended with Reiser leading police to a makeshift grave a short distance from where he strangled his wife.
"I wish to humbly apologize to society for my crime," Reiser said in a statement before his sentence was pronounced. "Every human life is sacred. I took the life of a human being and I'm very sorry for that."
Hans Reiser killed his wife, Nina, at about 4:30 p.m. on Sept. 3, 2006, according to the belated confession Reiser wrote as part of his deal, said prosecutor Paul Hora after the sentencing. He first punched her in the mouth, cutting his hand, then strangled her to death.
He briefly stored the body in the bathroom, then moved it to his car, where it stayed for two days while he searched for a place to bury her.
Nina Reiser, at age 31, was last seen alive at Hans Reiser's house in the Oakland hills on the day of her murder, when she dropped off the once-happy couple's two young children to stay with him the Labor Day weekend. The couple were in the middle of a heated divorce.
The developer of the ReiserFS file system becomes eligible for parole in about 13 years, having already served two years since his October 2006 arrest.
The 44-year-old defendant's jury trial here concluded in April this year with Reiser's first-degree murder conviction. That carries a 25-to-life term, but the authorities, in a backroom deal, later offered him 15-to-life if he produced his wife's body and waived any rights to appeal his conviction.
Hans Reiser arrived in court today in his red jumpsuit wearing a long-sleeve undershirt, his hair wild and unkempt. Reiser was wearing a chain around his waist, linked to his handcuffs. With no jury to impress, there was no longer a need for Reiser to have a haircut and a suit.
The courtroom was filled, and nearly all the jurors from his trial earlier this year were seated in the front row of the gallery. When they saw one another, they exchanged hugs.
The start of the hearing was delayed, as Judge Larry Goodman met with Reiser and the attorneys in chambers. Reiser sat reading through his 30-page transcribed confession he produced under the terms of his new agreement, which, in addition to leading the police to Nina's remains, required him to waive his right to appeal. Just before noon, defense attorney William DuBois returned to the court room, leaned over the table, and told Reiser, "If it takes until midnight, you're going to be sentenced today."
The court came to order at 1 p.m. Judge Goodman got right to business. He pointed out that since the verdict, several significant events have occurred, including the agreement, which would turn Reiser's first-degree murder conviction into second-degree. The judge asked Reiser if he understood he was waiving all of his rights to appeal, and Reiser said yes.
But the proceeding ground to a halt when Goodman asked Reiser if he had received competent council in regards to the plea agreement. There was a long pause and Reiser lowered his head. He mumbled something. After repeating the question several times, Goodman finally asked DuBois what Reiser was talking about. Du Bois said he knew, but that it would not be good for the defendant, and asked if they could go to chambers.
They quickly returned, and Goodman formally found Hans Reiser guilty of second-degree murder. Reiser was allowed to give a statement before being formally sentenced.
Reiser vowed to try to make up to society for what he had done. He said he was putting Namesys and ReiserFS into a trust fund his children, and that he hoped to earn money while in prison to make their lives a little more comfortable, "assuming I'm able to get access to a computer and the internet."
He also apologized for depriving Anthony Zografos, Nina's boyfriend, of their lifetime together, and robbing Nina's mother of her daughter. "I know how much she loved her."
Finally, Reiser said he admired the district attorney and the police for their skill and dedication.
The courtroom seemed to exhale as the final chapter in the long Reiser saga closed.
"He's expressed remorse," said Hora later. "But whether it's actually sincere -- time will tell."
Here's the video from the sentencing.
Update: A transcript of Reiser's detailed confession is available here.
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Dashing Dutch Dynamo Dude
Joined: 12 Apr 2006
Posts: 6007
Location: L4L
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| dugo
Posted:
Sat Aug 30, 2008 1:43 am |
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http://blog.wired.com/27bstroke6/files/confession.pdf
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Dashing Dutch Dynamo Dude
Joined: 12 Apr 2006
Posts: 6007
Location: L4L
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| Saucey
Posted:
Sun Aug 31, 2008 2:40 pm |
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Dugo, thanks very much!
What a case this has been, pretty amazing how it all played out in the end.
Now it is finally over and Nina can rest in peace.
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Joined: 06 Apr 2007
Posts: 211
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