Slashdot Mirror


Hans Reiser and the "Geek Defense" Strategy

lseltzer alerts us to a story in the Washington Post on the defense strategy in the Hans Reiser murder trial. "In the courtroom where Hans Reiser is on trial for murder, [the evidence] might appear to indicate guilty knowledge. But his attorneys cast it as evidence of an innocence peculiar to Hans, a computer programmer so immersed in the folds of his own intellect that he had no idea how complicit he was making himself appear. 'Being too intelligent can be a sort of curse,' defense counsel William Du Bois said. 'All this weird conduct can be explained by him, but he's the only one who can do it. People who are commonly known as computer geeks are so into the field.'"

738 comments

  1. All geeks are the same by Anonymous Coward · · Score: 5, Funny

    Most of us have soaked our floorboards after we removed the passenger seat.

    1. Re:All geeks are the same by R2.0 · · Score: 4, Interesting

      Believe it or not, I have been in a situation where I had a removed front passenger seat and a soaked footwell. I was having a problem with water getting into the car and couldn't find it. It was coming from under the dashboard, so I removed the seat so I could get my head in there to look closely. But then I ran out of time, so I just left it like that till next weekend.

      Sure enough, during the week I got pulled over for speeding. The cop certainly looked at me funny, but I didn't have a warrant out for my arrest, so all was OK.

      I'd email this story to Reiser's lawyers, but for 2 things:
      1) I had a VW, and the leak was idiosyncratic to that model. He drove a Civic.
      2) I think he's guilty.

      --
      "As God is my witness, I thought turkeys could fly." A. Carlson
    2. Re:All geeks are the same by Anonymous Coward · · Score: 0

      Why do you think he is guilty? Just wondering.

    3. Re:All geeks are the same by chill · · Score: 1

      Actually, if you own a Jeep, it isn't that uncommon. I've done it a few dozen times. Doors, passenger seat, top and off the road we go.

      --
      Learning HOW to think is more important than learning WHAT to think.
    4. Re:All geeks are the same by oyenstikker · · Score: 1

      I also had a case where you would have found my seat out and my floorboards soaked. I left my passenger window open one day and it rained. Hard. Soaked seat and floorboards. A short time later, I took the seat out to replace the broken seatbelt, and it was out for some time.

      --
      The masses are the crack whores of religion.
    5. Re:All geeks are the same by Anonymous Coward · · Score: 3, Interesting

      I think the best piece of evidence is Hans arrived to pick up his children from school when Nina was supposed to, the monday after she disappeared. Nobody but the killer would know she wasn't going to arrive to pick them up.

    6. Re:All geeks are the same by R2.0 · · Score: 3, Interesting

      Mostly it is the seat.

      Like I said, I had a perfectly good reason to have the seat removed, and I could explain why, when, and how the seat was removed. I could even recreate the leak. But my understanding is that Reiser hasn't offered a plausible explanation for the seat removal. Someone offered that street racers often remove their seats for weight savings, and they also favor Civics. But there's no evidence he was a street racer, and why wasn't the back seat removed?

      There's a sizable amount of circumstantial evidence that he did it, with little plausible explanations in his defense. And no, "the other guy did it" doesn't convince me.

      --
      "As God is my witness, I thought turkeys could fly." A. Carlson
    7. Re:All geeks are the same by Anonymous Coward · · Score: 3, Interesting

      Unless:

      1) She didn't come home the night before
      2) She wasn't feeling well (and I don't mean because she was dead)
      3) She asked him to pick up the kids

      I see what you're saying, it's just too easy to come up with alternate possibilities that provide a reasonable doubt, just on that one item, I can't speak for the others.

      Granted, I have not been following the trial, so I'm just making shit up.

    8. Re:All geeks are the same by Adambomb · · Score: 4, Interesting

      Despite the fact that Sean Sturgeon is a known killer, Nina Reiser was a physician, and the fact that apparently they found "Books on Crime" along with the sleeping bag and blood samples on the pillar in his garage? With no body, no witnesses, and no direct evidence?

      Who the hell commits a crime with pair of books on crime in their vehicle, and then leave it all there for someone to find. Programmers know too much about allocation and management of objects to not destroy them when its detrimental they no longer exist.

      I'm not saying I think he is innocent NOR that i think hes guilty. I simply think it all warrants much further investigation.

      --
      Ice Cream has no bones.
    9. Re:All geeks are the same by Skapare · · Score: 2, Insightful

      2) I think he's guilty.

      Is this just speculation on your part? Or did he admit this to you? Or were you there when it happened?

      I personally do not know if he is guilty or not ... because I was not there to be a witness. And I probably will not ever know because I actually do have some specific experience to know that courtroom procedures frequently do prohibit a fair and truthful trial from taking place along the lines of one ruling the judge in this case has already made.

      --
      now we need to go OSS in diesel cars
    10. Re:All geeks are the same by HeavensBlade23 · · Score: 4, Insightful

      I wouldn't vote to convict based on that, however damning it may look, anymore than I would vote to convict of a computer crime because they were using encryption. Maybe he did kill her, I don't know, but there's some serious doubt about whether she could be hiding out in Russia or dead at the hands of the ex-boyfriend who admitted to killing nearly a dozen people.

    11. Re:All geeks are the same by Loke+the+Dog · · Score: 1

      I didn't say he knew anything, he stated an opinion, a belief. Its not even speculation.

    12. Re:All geeks are the same by Asztal_ · · Score: 5, Funny

      Who the hell commits a crime with pair of books on crime in their vehicle, and then leave it all there for someone to find. Programmers know too much about allocation and management of objects to not destroy them when its detrimental they no longer exist. Maybe he was foiled by non-deterministic Garbage Collection.
    13. Re:All geeks are the same by Schlage · · Score: 1, Insightful

      Is this just speculation on your part? Or did he admit this to you? Or were you there when it happened? Maybe it's just me, but by the fact that he said "think" would mean that he was not claiming to know, so I would label that speculation.

      I personally do not know if he is guilty or not ... because I was not there to be a witness. And I probably will not ever know because I actually do have some specific experience to know that courtroom procedures frequently do prohibit a fair and truthful trial from taking place along the lines of one ruling the judge in this case has already made. Chill out. I mean, the man just stated an opinion, it's not like he's in a position of authority or that he's vehemently arguing the case.
    14. Re:All geeks are the same by tomhudson · · Score: 4, Insightful

      Who the hell commits a crime with pair of books on crime in their vehicle, and then leave it all there for someone to find. Programmers know too much about allocation and management of objects to not destroy them when its detrimental they no longer exist.

      So there's no such thing as a buffer overrun, or forgetting to mate every call to malloc() with a free()?

      I don't buy the "programmer geek defense". It doesn't match up with the reality, which is that you don't have to be a programmer to be an asshole. They're orthogonic. Lets look at the excuses another way:

      1. The books - a "reverse psychology" ploy - figurng that he's so much smarter than everyone else, and that they'd buy into his "well, if I were guilty, why would I have such books? I'd be stupid!" Narcisssists are very much likely to think along such convoluted lines, and to believe that others will fall for their "explanations"
      2. The front seat - well, if it had blood on it, he had to dispose of it, since he wasn't smart enough to know that its possible to destroy the dna evidence (if he hadn't been into reading popular books about crime scene technology, and instead read up on the subject properly, he'd have known this). The last murder trial I sat on, the dna expert said he couldn't mention the techniques that could be used to destroy the evidence (you can buy the needed stuff at your local grocery store, btw), but that no such destruction had taken place.
      3. The $8k and passport. That doesn't need much of an explanation, and could be quite innocent. His wife had already grabbed $$$ from the bank account. Wouldn't YOU want to stay "liquid" in such a case? Passport - why leave it around for someone to grab when you're living in your car?

      Do I believe he did it? I can't say - I'm not on the jury. However, I definitely don't buy into the defense tactic of 'geek nerds are "special" and "hard to understand"' as a "get out of jail" card.

      Reiser's lawyer is making a big mistake. Sure, he's playing the "this guy is a creep" card to the jury - but he's also insulting the jury's intelligence by thinking that they won't see it for what it is - a ploy, and not evidence one way or the other. Not trusting a jury can come back and bite you - look at what happened with Jamie Thomas and the $222,000 copyright infringement award. The jurors were pissed that she lied to them, and made it known both inside and outside the courtroom.

      "She's a liar. We wanted to send a message. I don't know what the fuck she was thinking."

      Better to not take the stand, and let people suspect you're an idiot, than to take it, and prove them right.

      Then there's the danger that the jurors will think - "If they really expect us to buy into this bs, they must think we just fell off a turnip truck. Sounds like what I'd expect a guilty know-it-all to do."

      At the very least, the choice of tactics shows that the lawyer doesn't believe his client is innocent. Based on that, I'd say the jury will probably convict.

    15. Re:All geeks are the same by jbengt · · Score: 5, Informative

      According to reports I've read, he bought those books after he was treated as a suspect by the cops, not before the crime.

    16. Re:All geeks are the same by R2.0 · · Score: 2, Informative

      "Sean Sturgeon is a known killer,"

      No, Sean Sturgeon *claims* to have killed a bunch of people. I don't believe he's been charged, much less prosecuted. He strikes me as a publicity whore, like that gut that confessed to the Jon Benet Ramsey killing.

      "Nina Reiser was a physician"

      That is either a huge non sequiter or I am missing something.

      "Who the hell commits a crime with pair of books on crime in their vehicle, and then leave it all there for someone to find."

      Umm, criminals? They aren't the smartest bunch, you know. Evidence? they get caught.

      --
      "As God is my witness, I thought turkeys could fly." A. Carlson
    17. Re:All geeks are the same by TapeCutter · · Score: 4, Insightful

      "There's a sizable amount of circumstantial evidence that he did it, with little plausible explanations in his defense."

      And that is the problem, circumstantial evidence should not be enough to convict. And no, the defense doesn't have to 'explain' the seat, nor does anyone need to answer 'who did it' to aquit him.

      Like many Aussies, I thought this woman was guilty simply because she came across as an unfeeling religious zelot that couldn't explain other peoples' assumptions about dingo behaviour. By no means does that imply this guy is innocent but as the judge said 'the evidence is thin'.

      --
      And did you exchange a walk on part in the war for a lead role in a cage? - Pink Floyd.
    18. Re:All geeks are the same by Babu+'God'+Hoover · · Score: 1

      Maybe he took out the seat to move some big old IBM or Cray mainframe parts and the coolant leaked out. Or he'd gone fishing, gotten real lucky, and had a half dozen coolers full of fish and ice crammed in that civic. Both have happened to me except it was a 944, the computers were Sun, and one of the liquids was beer.

    19. Re:All geeks are the same by Adambomb · · Score: 1

      Well the books on crime bit, i wouldnt even require a programmer or a geek to think that that would be a bad idea.

      Hell if i saw the same shit with an elementary school dropout who went straight to mcdonalds for the rest of his life versus the other half of the equation, i'd still say it warrants investigation.

      Are you saying they shouldn't bother to make sure, simply because geeks can make mistakes too?

      --
      Ice Cream has no bones.
    20. Re:All geeks are the same by R2.0 · · Score: 1

      Careful: "Circumstantial" evidence is a large category. For instance, if you walk in to a room and a 4 year old has blueberry pie all over his face, and there is an empty blueberry pie pan next to him, I think it's safe to say beyond a reasonable doubt that he ate some pie. No, you didn't SEE him eat the pie, and you haven't taken DNA samples, but someone is going to be in trouble nonetheless.

      --
      "As God is my witness, I thought turkeys could fly." A. Carlson
    21. Re:All geeks are the same by TapeCutter · · Score: 1

      Yes, but since the OP implied he would discount contra-evidence because of his belief I for one wouldn't want him on ANY jury.

      --
      And did you exchange a walk on part in the war for a lead role in a cage? - Pink Floyd.
    22. Re:All geeks are the same by Adambomb · · Score: 1

      So no one should bother looking into it because this is the easiest answer?

      The fact that she was a physician means that she would know of extracting blood samples and such, and as the defense stated and the expert witness agreed, there is no way to conclude the time at which the samples were applied to the locations, nor how. That is the only point i meant by that. I'm not saying this is PROOF of anything, simply that in comjuction with the rest of this, it provides reason to at least friggan look into it.

      --
      Ice Cream has no bones.
    23. Re:All geeks are the same by Adambomb · · Score: 1

      ack, sorry for the commaclasm.

      --
      Ice Cream has no bones.
    24. Re:All geeks are the same by Anonymous Coward · · Score: 0

      "Who the hell commits a crime with pair of books on crime in their vehicle, and then leave it all there for someone to find. Programmers know too much about allocation and management of objects to not destroy them when its detrimental they no longer exist."

      May be he had a seg fault?

    25. Re:All geeks are the same by dgatwood · · Score: 1

      Umm, criminals? They aren't the smartest bunch, you know.

      That's precisely why I suspect that he is probably not guilty.... He's too smart to exhibit criminal tendencies... unless he's a sociopath or something.

      --

      Check out my sci-fi/humor trilogy at PatriotsBooks.

    26. Re:All geeks are the same by dubl-u · · Score: 5, Insightful

      Believe it or not, I have been in a situation where I had a removed front passenger seat and a soaked footwell. [...] I removed the seat so I could get my head in there to look closely. But then I ran out of time, so I just left it like that till next weekend. That's surely plausible. But the notion that Reiser then threw out the seat? No way. Every geek I know has a giant collection of old parts that they will use "someday". A real geek would have kept the seat. Even if there was something wrong with it, there were plenty of good parts on that sucker.

      Christ, I've still got a 100 MB SCSI hard drive in my parts bin that I haven't thrown away yet. Yeah, megabytes, that's right.
    27. Re:All geeks are the same by dgatwood · · Score: 2, Funny

      I think you'd call that manus rea. :-D

      Sigh. Maybe the lawyers will laugh, anyway.

      --

      Check out my sci-fi/humor trilogy at PatriotsBooks.

    28. Re:All geeks are the same by TapeCutter · · Score: 1

      I get your point and agree with it. However if the empty pie plate is a body, and the kid is a 17yo claiming 'someone framed me' I would need to know more to go beyond reasonable doubt.

      --
      And did you exchange a walk on part in the war for a lead role in a cage? - Pink Floyd.
    29. Re:All geeks are the same by tomhudson · · Score: 3, Insightful

      All I'm saying is that as a defense, it sucks the big one.

      Its not a valid defense. It may satisfy Reiser as a defense, but it won't satisfy the jury, who will see it as an attempt to manipulate or game them by someone who thinks he's smart enough to get away with it. (by "it", I don't mean murder - I'm referring to the attempted manipulation)

      Here we have someone with much personal motive (his wife had left him, cleaned out his bank account, gotten custody of the kids, was having sex with someone else, etc), and this is the best defense the lawyer can come up with? It sounds like his own lawyer doesn't believe him.

    30. Re:All geeks are the same by spintriae · · Score: 5, Funny

      Believe it or not, I have been in a situation where I had a removed front passenger seat and a soaked footwell.

      Oh, I believe you. I too have had to remove my passenger seat and hose down the floor board. Mainly because they were soaked in my ex-wife's blood...

      Since then I always keep tampons in the glove compartment.

    31. Re:All geeks are the same by noidentity · · Score: 2, Interesting

      I'd email this story to Reiser's lawyers, but for 2 things:
      1) I had a VW, and the leak was idiosyncratic to that model. He drove a Civic.
      2) I think he's guilty.

      Just curious, if you had evidence related to a case but thought that the defendant was guilty, would you avoid reporting it? It seems you should let the court make the determination, since it sees all the evidence, including some those outside the courtroom never know about.

    32. Re:All geeks are the same by Adambomb · · Score: 1

      Touche, I just think they should look into it as part of discovery.

      --
      Ice Cream has no bones.
    33. Re:All geeks are the same by Anonymous Coward · · Score: 0

      not saying I think he is innocent NOR that i think hes guilty

      Where innocent = false and guilt = true, ! false NOR true = true NOR true = !(true OR true) = !(true) = false.

      So you believe he is innocent?

    34. Re:All geeks are the same by billcopc · · Score: 1

      Umm, criminals? They aren't the smartest bunch, you know.

      So are you saying that all criminals are dumb ?

      If they're so weak-minded, why is it that the great majority of murders and fraud cases go unsolved ? Just because Big Tyrone is too stoned to shut up in court, doesn't mean everyone else is such a braggart. What, you think smart people don't ever get violently angry at others ?

      Whether this guy did it or not, they're going to need far stronger arguments than "Not having a car seat is weird, and having $8k in cash is weird, and we know murderers are weird so he must be guilty!"

      You know what's even weirder ? Not having a car seat, because it's been replaced with a 21U half-rack full of (working) audio gear. Weird, yet my car was once configured as such, many years ago. Does that make me a suspected murdered ? It may be weird to North Americans, not so much to South Americans and Western Europeans, where outdoor DJ parties are commonplace and all you need is a few amplifiers, speakers and a bunch of car batteries.

      --
      -Billco, Fnarg.com
    35. Re:All geeks are the same by peccary · · Score: 1

      Haha, I've actually got one sitting on my desk right this minute - I pulled it from my old NeXtStation before I sent it off to the recyclers... It's in a pile with two 9 GB SCSI drives that I think must have been DOA but I can't remember. Now, a TEN meg drive, that would be impressive.

    36. Re:All geeks are the same by Anonymous Coward · · Score: 0

      because of his belief I for one wouldn't want him on ANY jury Yeah, but people make all kinds of decisions based on the strangest beliefs while on a jury. Pretty scary how the system works.
    37. Re:All geeks are the same by Anonymous Coward · · Score: 0

      I think you overestimate the average juror, there's a reason we have 12 of them per trial...

    38. Re:All geeks are the same by Wordplay · · Score: 2, Informative

      There's nothing idiosyncratic about a heater core leak, which is what usually dumps water/coolant into your floorboards in a failure. Heaters usually work by routing the coolant through another miniature radiator (the heater core) on your side of the firewall. When you turn the heater on, it opens a valve that starts routing coolant through that loop. Fans blow heat from the core into the cabin. This is why turning the heater onto full can lower the temperature on an overheating car--you're actually putting another radiator into action.

      When that radiator fails, it will leak from under the dash onto the floorboards.

      Lots of cars have this setup. I've had it happen in a Mazda-designed Ford and an older Chevy, and remember my dad's VW Rabbit had the issue too. It's a common configuration, and could be a perfectly good explanation for removing the seat so you can fully dry the carpet and work on it.

    39. Re:All geeks are the same by BitZtream · · Score: 1

      I was giving an old car which had seen me through several years of spilled coke/pepsi cans, and various other nasty as hell things that collected in the beige carpet. Started on a Friday night, the carpet was thrown in the bathtub and soaked overnight and front seats and back bench removed. Come Sunday night the seats and carpets weren't even close to dry, so I drove to work the next day sitting on a milk crate. It was only about a mile, I should have probably walked but I'm lazy, what can I say.

      Anyway, the point to all that is, I had more than a few strange looks that day when my boss and coworkers happened to notice my car had no seats and carpet, but ... there are definately times when it occurs without some one being hurt.

      Okay, so the truth is I took the seats out to clean them after I went on a date with a fat chick I met on Match.com and drove 60 miles to pick up (you know, I should have my geek card removed for thinking the picture might be real), my car felt dirty after that, so it had to be purged ... but, the point remains!

      --
      Persistent Volume manager for Kubernetes - https://github.com/dwimsey/openshift-pvmanager
    40. Re:All geeks are the same by Etyenne · · Score: 1

      Now, a TEN meg drive, that would be impressive.

      I do have one in my spare part bin. MFM technology (that's before IDE, young lad!), full-height (that is, two 5.25 bay high), and I still have the ISA 8bit MFM controller to go with it. But no computer with an ISA slot, go figure!

      I swear, when the damn thing turn off, you can hear the selenoid engage and the platter break when it stop spinning. Freakish.

      --
      :wq
    41. Re:All geeks are the same by Mongoose+Disciple · · Score: 1

      Actually, it sounds like he weighed the evidence, as a juror should, and made a judgment as to which of the evidence is relevant or not.

      "I once removed a seat from my car for a reason that isn't relevant to Reiser and also isn't the reason Reiser said that he removed his." sounds fairly within the realm of not relevant to me.

    42. Re:All geeks are the same by TapeCutter · · Score: 1

      "I think you [have high expectations of] the average juror" - Fixed.

      "there's a reason we have 12 of them per trial

      Yes!!! And for anyone who has already made up their mind about this guy I recommend they reflect apon the story of 12 angry men.

      --
      And did you exchange a walk on part in the war for a lead role in a cage? - Pink Floyd.
    43. Re:All geeks are the same by X0563511 · · Score: 1

      The problem here is this is a criminal case, not a civil case. "Beyond a reasonable doubt" doesn't cut it in a criminal case.

      IANAL, but I just finished taking a law class.

      --
      For large sets, this will be our guide even unto death, for the LORD will work for each type of data it is applied to...
    44. Re:All geeks are the same by TapeCutter · · Score: 3, Insightful

      I agree, it isn't relevant. You are simply missing my point...

      "I'd email this story to Reiser's lawyers, but [...] I think he's guilty" - OP

      Still looks like 'discounting contra-evidence because of his beliefs' too me. The OP may be a 'nice guy' and we are not selecting a jury however, that statement makes me think he would have a tendency to ignore evidence that goes against he prejudical assumption of guilt, so I reitterate, I don't wan't him on a jury.

      --
      And did you exchange a walk on part in the war for a lead role in a cage? - Pink Floyd.
    45. Re:All geeks are the same by 5pp000 · · Score: 1

      why wasn't the back seat removed?

      It's a CRX -- a two-seater. No back seat to remove.

      --
      Your god may be dead, but mine aren't!
    46. Re:All geeks are the same by Planesdragon · · Score: 1

      why is it that the great majority of murders and fraud cases go unsolved ? What the hell are you smoking?

      I'll buy "the great majority of murderers go unconvicted", but not "unsolved." They are two entirely different standards of proof.

      Almost every single murder or fraud charge brought past a grand jury is "solved" in the colloquial meaning. The prosecutor has a good idea of who did it, and just needs to prove it beyond all doubt before the criminal can be punished for their crime.

      In any case, I think you're just making stuff up. come up with a link or STFU.
    47. Re:All geeks are the same by zippthorne · · Score: 1

      Wait, since you've taken a law class, what is the standard of proof in criminal cases? I had always thought it was "beyond a reasonable doubt" and for civil cases it was "preponderance of evidence." But my knowledge of those terms is mostly through comments regarding a certain famous movie star / football player

      --
      Can you be Even More Awesome?!
    48. Re:All geeks are the same by Progman3K · · Score: 1

      >That's surely plausible. But the notion that Reiser then threw out the seat? No way.
      Keep it WHERE? He was living out of his car.

      --
      I don't know the meaning of the word 'don't' - J
    49. Re:All geeks are the same by billcopc · · Score: 1

      Semantics.

      Just because you find someone to wear the blame, doesn't mean you found the right person. Jury trials have less to do with proof than they do with persuasion.

      Solving a crime means finding out who did it, how, and why. In some cases that's easy, but a lot of the time it's a big confusing gamble. If fighting crimes were as easy as you seem to imply, we wouldn't need lengthy trials and word-wriggling lawyers, factual evidence would be all that's necessary to identify and incriminate the perp.

      The fact that unsolved crimes go largely unadvertised is just a safety measure. You don't want every thug in the world to know which states suck most at protecting their citizens.

      --
      -Billco, Fnarg.com
    50. Re:All geeks are the same by Anonymous Coward · · Score: 4, Funny

      He killed her because he didn't like the ReiserFS-less version of OpenBDSM that she was running.

    51. Re:All geeks are the same by Itninja · · Score: 1

      Just to clarify, if you drive a Jeep then you are likely nerd, not a geek.

      --
      I judt got a nre Kinesis keybiartf so please excusr ant egregiou typos.
    52. Re:All geeks are the same by belmolis · · Score: 1

      Heck, I've still got the 20MB external hard drive that I used to attach to my diskless laptop's parallel port around 1991.

    53. Re:All geeks are the same by ucblockhead · · Score: 4, Insightful

      Please read up on circumstantial evidence. If a someone is seen entering a house, the victim is heard screaming "oh my God, he's killing me!!!!" and that someone then is seen fleeing the house with a bloody knife, then there is only circumstantial evidence that he committed the crime.

      Circumstantial evidence is any evidence that is not direct. The phrase "circumstantial evidence" means that the evidence implies that manner in which the crime was committed. It says nothing about how strong the implication is. For a murder, pretty much only confessions and eyewitnesses are not circumstantial evidence. Scott Peterson was convicted purely on circumstantial evidence. DNA evidence is circumstantial evidence. Finding the Mona Lisa in someone's bedroom is only circumstantial evidence that they stole it.

      The evidence against Reiser may well be thin. Not sitting in the jury box, it is not for me to say one way or another. But that the evidence is only circumstantial has nothing to do with whether the evidence is weak or not.

      If you refuse to convict on circumstantial evidence, you'll almost never convict anyone.

      --
      The cake is a pie
    54. Re:All geeks are the same by Anonymous Coward · · Score: 0

      The technical meaning of "circumstantial evidence" is different from the casual connotation. Circumstantial evidence is anything that requires an inference to be made by the jury. That is, it's anything that's not a directly observed fact (usually reported by a witness as testimonial evidence). Forensic evidence like fingerprints and DNA is circumstantial.

      Most criminal cases are convicted at least in part on circumstantial evidence. The US Supreme Court has ruled that there's no difference between circumstantial and testimonial evidence for deciding cases. (In fact, eyewitnesses are notoriously unreliable. Circumstantial evidence like DNA matches are often more reliable than testimony.)

      To quote from the 6th Circuit Court of Appeals pattern for jury instruction

      http://www.ca6.uscourts.gov/Internet/crim_jury_insts/html/chap1_8.htm

      --
      1.06 DIRECT AND CIRCUMSTANTIAL EVIDENCE

          (1) Now, some of you may have heard the terms "direct evidence" and "circumstantial evidence."

          (2) Direct evidence is simply evidence like the testimony of an eyewitness which, if you believe it, directly proves a fact. If a witness testified that he saw it raining outside, and you believed him, that would be direct evidence that it was raining.

          (3) Circumstantial evidence is simply a chain of circumstances that indirectly proves a fact. If someone walked into the courtroom wearing a raincoat covered with drops of water and carrying a wet umbrella, that would be circumstantial evidence from which you could conclude that it was raining.

          (4) It is your job to decide how much weight to give the direct and circumstantial evidence. The law makes no distinction between the weight that you should give to either one, or say that one is any better evidence than the other. You should consider all the evidence, both direct and circumstantial, and give it whatever weight you believe it deserves.

    55. Re:All geeks are the same by TapeCutter · · Score: 1

      Two letters make a difference: "beyond all reasonable doubt" - And the way the post was worded indicates the OP did indeed take a law class. ;)

      --
      And did you exchange a walk on part in the war for a lead role in a cage? - Pink Floyd.
    56. Re:All geeks are the same by blind+biker · · Score: 1

      I was going to post something along those lines but you beat me by a factor of 2 (40MB). I have this vision of using the parts to construct my world-conquering robots. I just never have the time.

      --
      "The agriculture ministry is not in charge of Gundam" - Japanese ministry official.
    57. Re:All geeks are the same by ralphdaugherty · · Score: 1

      Keep it WHERE? He was living out of his car.

            Actually, he was living with his mother, which is where Nina brought the kids to him. He was even driving his mother's car after Nina disappeared until his mother put a lock on the steering wheel. Then Reiser went and retrieved his car from somewhere.

            The "he was living in it" is just a defense for why his front seat is missing after Nina disappeared.

        rd

    58. Re:All geeks are the same by TapeCutter · · Score: 1

      Agreed, I used the term incorrectly, should have said 'weak evidence'.

      "Not sitting in the jury box, it is not for me to say one way or another"

      Agreed, I had not even heard of him until I RTFA. I'm not defending him, I am defending my own right to a fair hearing should I ever be careless enough to find myself in his shoes.

      --
      And did you exchange a walk on part in the war for a lead role in a cage? - Pink Floyd.
    59. Re:All geeks are the same by somersault · · Score: 1

      Shoplifters aren't the smartest bunch, sure (well, maybe some are smart but desperate to live, though I think there are easier ways than shoplifting unless your government support sucks *shrug*), but proper cold blooded murderers tend to be 'smart' don't they? Maybe I have just seen too many TV programs and movies, but when you're 'too smart' there's probably a likelihood you're a little nuts in some ways too. I get told a lot that I think too much, because I always overanalyse everything. I'm pretty sure it's OCD related. I think that there are always tradeoffs when it comes to being 'gifted' in some way - all the great artists and thinkers seem to have been depressed.

      Then there's the fact that if he was in a rage or drunk then that pretty much negates all the smarts you have too.. I don't know much about the circumstances though, just from what I've seen in summaries and comments on /.

      --
      which is totally what she said
    60. Re:All geeks are the same by laffer1 · · Score: 1

      You recycled a NeXT? That seems wrong.

    61. Re:All geeks are the same by nguy · · Score: 1

      Mostly it is the seat.

      Have you been in a CRX? It's a tiny car.

      There's a sizable amount of circumstantial evidence that he did it, with little plausible explanations in his defense. And no, "the other guy did it" doesn't convince me.

      So, you're saying that he is guilty by a preponderance of the evidence (I personally think that there is a 50/50 chance that he did it). That's nice, but the standard for a murder conviction is that he is guilty beyond a reasonable doubt.

    62. Re:All geeks are the same by Anonymous Coward · · Score: 0

      You could just cut to the chase and acknowledge that nobody has ever been convicted by evidence, it's always been by a judge or a jury.

    63. Re:All geeks are the same by unitron · · Score: 2, Informative

      There's nothing idiosyncratic about a heater core leak...

      As a matter of fact, I learned the hard way that late 60s Fords were especially prone to having this problem.

      When that radiator fails, it will leak from under the dash onto the floorboards.

      Except that if the leak is near the top of the heater core it won't necessarily leak until the engine is hot enough for the thermostat to open, at which point it will exit the leak as steam and deposit a thin film of anti-freeze all over the inside of the windshield.

      Of course if you want a Ford with a wet floorboard, get one of the ones that ran the brake line to the rear wheels through the passenger compartment under the back seat carpet and wait for it to spring a leak.

      --

      I see even classic Slashdot is now pretty much unusable on dial up anymore.

    64. Re:All geeks are the same by TapeCutter · · Score: 1

      Yeah, yeah, and nobody was ever killed by a bullet passing through their head, they were all killed by whoever pulled the trigger, right?

      --
      And did you exchange a walk on part in the war for a lead role in a cage? - Pink Floyd.
    65. Re:All geeks are the same by westlake · · Score: 1
      And that is the problem, circumstantial evidence should not be enough to convict. And no, the defense doesn't have to 'explain' the seat, nor does anyone need to answer 'who did it' to aquit him.

      It doesn't matter that your formal burden of proof is much less than that of the state. You can't allow a jury to go into deliberation without providing an alternative explanation for a bizarre and damaging piece of evidence:

      You have been living out of a trailer for six months.

      The day your neighbor's kid disappeared you hitched up this rustbucket for a meandering eight hour drive into the furnace heat of the Nevada deserts, on the way home, you bought replacement pillows, sheets and blankets at WalMart.

    66. Re:All geeks are the same by killjoe · · Score: 4, Interesting

      You remember how the 9/11 hijackers left a video tape of flying lessons in their car? Yea just like that.

      You remember how their passports survived the fire that brought down two buildings by melting the steel support structures?

      Yup. Just like that.

      --
      evil is as evil does
    67. Re:All geeks are the same by Anonymous Coward · · Score: 0

      In any case, I'm uncertain about your sources. I'd lend your post more credibility if you could be kind enough to supply a link. Thanks.

      There, fixed that for you.

    68. Re:All geeks are the same by iwein · · Score: 1

      Exactly right. Both ways the arguments are fallacious. To convict someone of a crime as serious as murder you need a little more than what they have. It is a shame that the defense feels they need to explain the weird behavior. Innocent until proven guilty right?

      As a side note, the doer knowledge looks very suspicious to me. As an investigator I would be very uncomfortable if this guy walked without a solid explanation (other than "he's just weird, trust me he didn't do it")

      --
      Show a man some news, distract him for an hour. Show a man some mod points, distract him for the rest of his life.
    69. Re:All geeks are the same by that+this+is+not+und · · Score: 2, Funny

      Years ago I had a VW Beetle (real one, not the roundy rabbit sold now) I pulled the passenger and the back seat. It was kinda like a little Van after that. I didn't haul bodies in it, but could have packed in maybe five or six with no problem.

    70. Re:All geeks are the same by that+this+is+not+und · · Score: 1

      I have a stack of five or six IBM XT machines in the spare bedroom. Some have 10 MB hard drives installed. At least one has the original Xebec-made IBM HD controller card in it.

    71. Re:All geeks are the same by that+this+is+not+und · · Score: 4, Funny

      Hell, Apple recycled the NeXT OS.

    72. Re:All geeks are the same by greenguy · · Score: 1

      Well, that was certainly a good move.

      --
      What if I do the same thing, and I do get different results?
    73. Re:All geeks are the same by BungaDunga · · Score: 1

      Those hijackers weren't exactly concerned with being caught after bringing down the WTC.

      Oh, sarcasm monitor flaring to life. You reckon someone else did 9/11. Jeez, if there was evidence then someone would put it on WikiLeaks or something. We would know.

    74. Re:All geeks are the same by dbIII · · Score: 1

      With no body, no witnesses, and no direct evidence?

      Last time the dingo did it.

    75. Re:All geeks are the same by Workaphobia · · Score: 1

      In the case of number 3, I'm very confused as to why Hans would not have made such a claim. Is there a legal reason why his attorney would not have brought it up, or can we assume that Hans received no such call?

      --
      Evidently, the key to understanding recursion is to begin by understanding recursion. The rest is easy.
    76. Re:All geeks are the same by Capitalist1 · · Score: 2, Funny

      > They're orthogonic.

      They're orthogonal. I reject your entire argument.

      --
      One man's religion is another man's belly-laugh. - LL
    77. Re:All geeks are the same by lukas84 · · Score: 1

      Well, it could be worse. You could also be driving this van

    78. Re:All geeks are the same by neumayr · · Score: 1

      Don't get it. Know nothing about latin, but manus = hand, manual; rea = accused...?
      Huh?

      --
      Truth arises more readily from error than from confusion. -Francis Bacon
    79. Re:All geeks are the same by twistedcubic · · Score: 1

      Honestly, I haven't heard enough information to even think that he is guilty. And I'm not thinking "guilty beyond a reasonable doubt"-- just my gut feelings. I'm not aware of any physical evidence that remotely suggests Nina Reiser is dead. The most incriminating evidence is probably the books Hans Reiser bought. If I were a juror, I would discount the blood "evidence". I mean, if you have sex on a sleeping bag, there might be blood stains for several reasons. The other blood stains don't suggest murder either-- I would not be surprised to find similar stains in the homes of living people. I think it would be a shame for a jury to convict him given no hard evidence of her death. A guy who buys books like that probably doesn't have the smarts to figure out how to dump a body in the Bay w/o it ever being discovered.

    80. Re:All geeks are the same by Per+Abrahamsen · · Score: 1

      Yes, but since the OP implied he would discount contra-evidence because of his belief I for one wouldn't want him on ANY jury. And since you implied that you like raping children, I wouldn't want you to work in ANY school.

      Yes! You are completely right, it is so much easier to argue not against what other people say, but against your own twisted interpretation of what they probably mean. Thank you for teaching me this valuable lesson in debate technique.
    81. Re:All geeks are the same by jonbryce · · Score: 1

      As in "caught red handed"?

    82. Re:All geeks are the same by turgid · · Score: 1

      Say Reiser is found guilty, and the public get a vent for their derision, and he goes to the chair, noose or gas chamber. Then say Nina Reiser walks back into town.

      What then? Is she guilty of his murder?

      Please explain how the American legal system works. Thanks.

    83. Re:All geeks are the same by Anonymous Coward · · Score: 0

      Ladies and gentlemen of the jury, think about it. THAT. DOES NOT. MAKE SENSE.

    84. Re:All geeks are the same by aussie_a · · Score: 2, Interesting

      Sure enough, during the week I got pulled over for speeding. The cop certainly looked at me funny, but I didn't have a warrant out for my arrest, so all was OK. Right, except was your wife also murdered?

      See, having your car flood and removing the passenger seat is pretty uncommon (more common for some apparently, but still fairly uncommon). Having your wife murdered is also fairly uncommon. Again, it happens (more common for some), but on average its uncommon. Now both of these events happening at the same time in the order of the car flooding and then the wife being murdered?

      I'm no mathematician, but surely this doesn't happen often enough to be considered "reasonable doubt" all on its own.
    85. Re:All geeks are the same by Anonymous Coward · · Score: 0

      If you refuse to convict on circumstantial evidence, you'll almost never convict an innocent person. Think about it.

    86. Re:All geeks are the same by aussie_a · · Score: 1

      # The books - a "reverse psychology" ploy - figurng that he's so much smarter than everyone else, and that they'd buy into his "well, if I were guilty, why would I have such books? I'd be stupid!" Narcisssists are very much likely to think along such convoluted lines, and to believe that others will fall for their "explanations" Innocent people are also likely to use the argument "well, if I were guilty, why would I have such books? I'd be stupid!"

      Just saying.
    87. Re:All geeks are the same by shaitand · · Score: 1

      'Umm, criminals? They aren't the smartest bunch, you know.'

      That is a silly philosophy, while there are certainly dimwitted criminals there are no shortage of bright criminals either. You do realize that only a very tiny fraction of criminals get caught and even those generally get away with dozens of crimes before they ever get caught. If you want dimwits I'd look to your local law enforcement ;)

    88. Re:All geeks are the same by shaitand · · Score: 1

      Exhibiting criminal tendencies may be relative to intelligence but having criminal tendencies certainly is not. You just don't hear about the bright criminals very often because *gasp* they don't get caught.

      Its not surprising really. The police aren't interested in catching bad guys or solving crimes. The police would rather ignore as much crime as possible, the less crime that is reported the lower the crime rate and the more effective they appear. When a crime is reported the police aren't especially interested in discovering what occurred either, they are interested in finding someone they can pin the crime on. The first person the police believe they have sufficient evidence to convict they will arrest and prosecute, whether they believe that person committed the crime or not. Again, the more often the police arrest someone in relation to a crime the better their stats look.

    89. Re:All geeks are the same by shaitand · · Score: 1

      If the current rate of convict DNA testing remains consistent then over 60% of those incarcerated are not guilty of the crime they were convicted of. The police and prosecutors attack the first person they can build a case against and most of the time scare them into plea bargains with threats of even greater persecution. Our justice system doesn't function in a manner that discovers what happened when a crime is committed, the goal is to successfully prosecute someone for the crime.

      As for the great majority of murders going unsolved, there aren't even suspects or real investigations for most murders. The victims are homeless, gangbangers, prostitutes, and drug dealers in the inner city and no real investigation is conducted in the first place.

    90. Re:All geeks are the same by shaitand · · Score: 2, Insightful

      'I'm no mathematician'

      Obviously. If you are rolling a six sided die and guess the result will be 4 you have a one in six chance of being correct. Where the roulette junkies get led astray is that they think if the result was not 4 then the chances of getting 4 are better on the next roll since 4 is "due" or if the result was 4 they think the chances of rolling a subsequent 4 are lower. Those are all false, if you have rolled twenty fours in a row your chances of rolling a 4 on the next toss are still just 1 in 6.

      You are also suggesting that Hans has to provide reasonable doubt, Hans is innocent until the prosecution proves that he killed his wife beyond any reasonable doubt. Hans gets the benefit of the doubt.

    91. Re:All geeks are the same by Anonymous Coward · · Score: 0
      This is a strawman, since the quoted information is not evidence.

    92. Re:All geeks are the same by bhtooefr · · Score: 1

      TFA said that his car was a Honda CR-X.

      In the US, the CR-X was only a two seater - Honda didn't put the back seat in in the first place. ;)

    93. Re:All geeks are the same by Anonymous Coward · · Score: 0
      I bet you didn't hide the seat somewhere and refuse to divulge its location.

      If Reiser had a legitimate reason for removing the seat, he'd be able to produce it in his own defence.

    94. Re:All geeks are the same by Prune · · Score: 1

      Eight is not "nearly a dozen"; it's a mere 2/3 of it.

      --
      "Politicians and diapers must be changed often, and for the same reason."
    95. Re:All geeks are the same by BorgDrone · · Score: 1, Insightful

      Not trusting a jury can come back and bite you - look at what happened with Jamie Thomas and the $222,000 copyright infringement award. The jurors were pissed that she lied to them [switched.com], and made it known both inside and outside the courtroom [wired.com].

      "She's a liar. We wanted to send a message. I don't know what the fuck she was thinking."
      Wow, reading stuff like this makes me really glad I don't live in a country that has something as stupid trial by jury. I wouldn't want my fate to be decided by a bunch of random idiots. Isn't the jury supposed to decide if the accused is guilty of the deed they are accused of ? Instead of "sending her a message" because she hurt their feelings ? That statement by a member of the jury alone should have been enough to nullify the judgement.
    96. Re:All geeks are the same by Z00L00K · · Score: 1
      A removed seat should never be a useful piece of evidence if the seat is found in a plausible place like the garage or so. If it's found in a dump filled with blood of the victim it's sure a different case, but it's still not conclusive evidence. Any use of circumstantial evidence has to be loaded with a statistical probability of it being caused by the person's normal behavior or if it was part of the crime.

      Just go figure that a seat removal has occurred to transport something and that he later on never had gotten through with reattaching the seat due to other things with higher priority. There are things that can be left undone for a long time...

      It's hard to take on a decision of guilt here - I don't have any opinion yet about his guilt or innocence but I hope that the court can get to a decision about the case in the correct way. The reasonable doubt clause is important. But being intelligent doesn't mean that you are smart enough to hide the evidence or better enough to avoid creating it in the first place. Especially in crimes of the moment the intelligence is often strongly suppressed. No matter how geeky you are - sometimes the reptilian instinct takes over.

      --
      If builders built buildings the way programmers wrote programs, then the first woodpecker would destroy civilization.
    97. Re:All geeks are the same by kdemetter · · Score: 2, Interesting

      Think 'hd encryption key' . Most people that had the key , and put the key in their signatures , where never going to use it to create a program that can decrypt hd-dvd's . They just did it because , when something is outlawed , it becomes valuable (and cool).

      So having certain information , in no way implies that you will use it.
      It's even more likely to be the other way around : if you are planning a murder , you would be cautious not to let that information lay around , while someone without that intention , will probably be quite careless about it.

      That's just my view on it

    98. Re:All geeks are the same by TapeCutter · · Score: 1

      The OP said..."I'd email this [contrary] story to Reiser's lawyers, but [...] I think he's guilty", his OWN words DO imply something about his ability to give an accused criminal a fair hearing. - How is that a 'twisted interpretation'?

      You are simply wrong 1397.

      BTW: Your 'raping children' slur also implies something, it implies you like to grab peoples attention by hurling filth at them, it's also kinda reminicent of how the chimps at the zoo hurl their own shit at the visitors.

      It so happens that my ex wife is a victim of incest that started at the age of 3 and lasted 12yrs until she stopped it by running away from home. She made up with her 'vilolent, drunken' father before we got married because he stopped drinking and she didn't have to live with his 'violence'. A dozen or so years later after her father died at 54 from an alcohol soaked liver, my ex, her sister and her brother started telling stories of sexual abuse too vile and 'twisted' even for your mind.

      Over the next few years the ex turned to alcohol big time, often mimicking her father's drunken arrogance and contempt for everyone around her. Eventually she fucked someone else, trashed the house and ran away again leaving me to raise our 14yo daughter who had withdrawn into her own world alone in her room. My daughter turned it around a has gained strength from her experience, but two of her cousins grew up to be heroine addicts, have both done time, and unfortunately both have kids that are in and out of foster care.

      As for your 'debate technique', I offer the following advice straight from my heart: STICK A SHOTGUN UP YOUR ARSE, AND GO FUCK YOURSELF!

      --
      And did you exchange a walk on part in the war for a lead role in a cage? - Pink Floyd.
    99. Re:All geeks are the same by jbengt · · Score: 1

      "Well, that was certainly a good move."

      Hence the "Geek defense".

      Still, buying the books before the deed would indicate premeditation, so, even if found guilty, the fact of buying them after the fact is better for the defense.

      About your sig, my dog is smarter than both of your cars combined. (Seriously, though, my USDA approved dogs make good money (OK, my wife the dog trainer actually makes the money) doing trick shows, educational presentations, and modeling, and can count better than some of the younger students they entertain.)

    100. Re:All geeks are the same by billcopc · · Score: 1

      Now if only there were freely available references online to silence the naysayers...

      The legal system doesn't work, it just puts on a good enough show to keep the ignorant masses in check.

      --
      -Billco, Fnarg.com
    101. Re:All geeks are the same by jessecurry · · Score: 1, Flamebait

      who cares if he's guilty? He only killed his wife... I think after marriage you should be allowed to kill your wife.

      --
      Those who know, do not speak. Those who speak, do not know. ~Lao Tzu
    102. Re:All geeks are the same by Lijemo · · Score: 5, Insightful

      Not trusting a jury can come back and bite you - look at what happened with Jamie Thomas and the $222,000 copyright infringement award. The jurors were pissed that she lied to them [switched.com], and made it known both inside and outside the courtroom [wired.com]. "She's a liar. We wanted to send a message. I don't know what the fuck she was thinking." Wow, reading stuff like this makes me really glad I don't live in a country that has something as stupid trial by jury. I wouldn't want my fate to be decided by a bunch of random idiots. Isn't the jury supposed to decide if the accused is guilty of the deed they are accused of ? Instead of "sending her a message" because she hurt their feelings ? That statement by a member of the jury alone should have been enough to nullify the judgement.

      There are two types of jury trials in the US-- criminal and civil. In a civil trial (where the punishment, if there is one, is in the form of a fine) the jury determines what the penelty is.

      In a criminal trial (such as the one in TFA, which can result in imprisonment), all the jury decides is whether the prosecution has proven their case that the defendent is guilty. The judge then decides the penalties, based on guidelines, precedents, and his/her own judgement

      The standard of proof required is also different. In a civil case (such as the one you quote), if a jury member is 60% sure the defendant is guilty, they are suppposed to find them "guilty". In a criminal case, the standard of proof is much higher, so the same 60% certainty of guilt should result in "not guilty", because their prosecution has not sufficiently proved their case.

      The result is that the civil trial system is much more capricious than the criminal trial. Thus you should not hold up an example of a civil trial to complain about our criminal trial system. (There may still be things to complain about, but don't hold up an apple and complain about oranges.)

    103. Re:All geeks are the same by greyhueofdoubt · · Score: 2, Insightful

      It might just be a matter of semantics, but in this case "a bunch of random idiots"=="peers" as in, "a jury of your peers."

      According to OED, a peer is:
      "A person of the same age, status, or ability as another specified person"

      She was guilty, I have no doubt, and she deserved to be found as such. The outrageous penalty was similar to a harsh penalty given to reprobate or unrepentant murderer; e.g., a murderer's attitude and actions prior to and after the act are taken into account during sentencing.

      Despite the juror's inelegant comments, he had a point: the fact that Jammie treated the case with such an attitude of entitlement should affect a jury's decision. It's kind of the way involuntary manslaughter is sentenced differently from first-degree murder.

      Yes, I agree that the fines were an order of magnitude too high, but the issue is not nearly as one-sided as you make it out to be. N.B. that the trial took place ~10 blocks from my house.

      -b

      --
      No offense, but I've stopped responding to AC's.
    104. Re:All geeks are the same by laffer1 · · Score: 1

      Apparently, you haven't used Leopard.

    105. Re:All geeks are the same by tomhudson · · Score: 1

      Isn't the jury supposed to decide if the accused is guilty of the deed they are accused of ?

      They did. They didn't believe her claim that someone hijacked her identity on her computer. There was no wireless, no other evidence that someone else used her computer under her name, the account she shared used the same name as several of her other online accounts elsewhere, and she was caught out about destroying evidence.

      They found her guilty based on the facts. Only THEN they decided to send her a message - "Don't lie to us!" If they hadn't believed she was guilty, they would have probably "sent a message" to the RIAA.

    106. Re:All geeks are the same by Anonymous Coward · · Score: 0

      the choice of tactics shows that the lawyer doesn't believe his client is innocent

      If the choice of tactics says anything of the sort, he will be able to get a new trial on appeal, provided he hires a different attorney and does not run out of money. It is unlikely the current judge would allow things to proceed on such a trajectory.

    107. Re:All geeks are the same by Taevin · · Score: 2, Informative

      Isn't the jury supposed to decide if the accused is guilty of the deed they are accused of ? Instead of "sending her a message" because she hurt their feelings ?
      It may sound bad, but that's the jury system working as intended. If all we wanted was a strict logical interpretation of the law, we'd have criminal cases decided by a panel of judges who know the law inside and out, with the final verdict decided by a majority vote. However, in contrast to what judges and prosecuting lawyers will tell you, juries are supposed to factor their feelings into their decision. You might be thinking that that introduces unfairness into the application of the law, but that viewpoint assumes that the law is fair to begin with. Juries allow the people to be the final veto on any law, which is very important in the case of draconian laws which are inherently unjust. It should come as no surprise that people do not like to be lied to, and I personally have no sympathy for anyone that does not show proper respect for a group of their peers. When that group of peers is also deciding your level of guilt and your punishment, it's plain stupidity to disrespect them.

      Having your fate decided by a bunch of random idiots is indeed a gamble. It is entirely possible that you will get a room full of bigots who will decide your fate simply by the way you look, your race, or some other completely subjective personal opinion. You can take some solace in the fact that it takes only one principled person who does not believe you've been shown to be guilty to hang the jury and cause a mistrial or acquittal. A jury trial could pay off quite well however if you're accused of something that the vast majority of citizens believe is not a crime. Note also that if you truly believe that all of your peers are "idiots" and/or can't handle treating them with the respect due a peer, you also have the option to waive your right to a jury trial in which case the judge alone will be the finder of law and finder of fact.
    108. Re:All geeks are the same by Anonymous Coward · · Score: 0

      I love all this talk of "the" legal system, by the way. At least try to comport yourselves as if you're on a global network.

    109. Re:All geeks are the same by log0n · · Score: 1

      Kinda funny (ironic - not haha).. I too actually have had the not so joyous pleasure of cleaning up after an incident like that. Wife had complications during miscarriage and had a urgent doctor visits. Pretty rough stuff. I guess that means I wacked Hans wife as well.

    110. Re:All geeks are the same by AntiNazi · · Score: 1

      Your model of VW is certainly not the only model of vehicle with this type of problem. My 97 Ford Thunderbird has a leak under the dash somewhere that I have been chasing for a while. Only really surfaces in the winter but no matter how much water I pour down the windshield or up the wheel well no water ends up inside... The first time I found it there was also a leak in the floor where a seal had dried out and the entire passenger side of the car was SOAKED. Like you I removed the passenger seat (and pulled up the carpet) for about a week to let it dry. I'm sure this is relatively common, and they should be able to argue it as purely circumstantial.

    111. Re:All geeks are the same by Anonymous Coward · · Score: 0

      Yep, we've got all the intellectuals on SlashDot.

    112. Re:All geeks are the same by tomhudson · · Score: 1

      Resier has been offered ample opportunity to fire his lawyer. At one point, the judge said to Reiser "If you're not happy with him, fire him now! Either way, the trial continues tomorrow."

      If he's found guilty, he'll go the inevitable round of appeals, same as anyone else convicted of murder.

    113. Re:All geeks are the same by 644bd346996 · · Score: 1

      If you're going to paraphrase that, you shouldn't use "...". You should simply have summarized point 1 as "it's irrelevant", giving you:

      I'd email this story to Reiser's lawyers, but it's irrelevant, and I think he's guilty."

      Does that still look like prejudice against "contra-evidence"?

    114. Re:All geeks are the same by Anonymous Coward · · Score: 0

      So you like complaining to random strangers on the internet about your unhappy circumstances, what does that have to do with Reiser?

    115. Re:All geeks are the same by Lanboy · · Score: 1

      The last call on her home or cell phones was made from her cell phone from a supermarket on the day she dropped the kids off at Hans' house. This was 1 hour before the last time anyone saw her alive. At Hans' house. Hans has sated he had no contact with her since the moment she left his house, so he should have made up a call from a cell phone, but too late.

      Fry him.

    116. Re:All geeks are the same by smittyoneeach · · Score: 1

      Well, he is a geek, so he may now about the Chewbacca defense

      --
      Get thee glass eyes, and, like a scurvy politician, seem to see things thou dost not.--King Lear
    117. Re:All geeks are the same by R2.0 · · Score: 1

      You are correct, but wholly off topic. In my case, the leak was caused by a missing plastic shield. When it rained heavily, the rain would sheet down the windshield and hit the windshield wiper, which happened to be shaped enough like a ramp that the water jumped over, right into the open vent, then down through the air intake for the heater. I couldn't find it for months, as it only happened when it rained heavily, and I wouldn't go outside to watch.

      I checked the heater core, I re-sealed the windshield, and finally just put a basin in the footwell, emptying it after a heavy rain. I finally figured it out after taking a hose to the car and sticking my head under the dashboard.

      The missing shield was $2 at the local junkyard.

      --
      "As God is my witness, I thought turkeys could fly." A. Carlson
    118. Re:All geeks are the same by CrimsonAvenger · · Score: 1

      If the current rate of convict DNA testing remains consistent then over 60% of those incarcerated are not guilty of the crime they were convicted of.

      Fascinating insight. I had never realized that Fraud was usually accompanied by DNA evidence.

      Last I'd heard, convict DNA testing isn't done on a random sample, but rather on a self-selecting sample of (mostly) those on Death Row. So it's unlikely it'll extend to the general prison population.

      --

      "I do not agree with what you say, but I will defend to the death your right to say it"
    119. Re:All geeks are the same by Mr.+Underbridge · · Score: 1

      And that is the problem, circumstantial evidence should not be enough to convict. And no, the defense doesn't have to 'explain' the seat, nor does anyone need to answer 'who did it' to aquit him.

      You've been watching too many crime shows. Before modern forensics, circumstantial evidence was all there was besides eyewitness testimony (which is notoriously unreliable), yet the criminal justice system functioned. At some point, the number of coincidences or stretched explanations necessary to overcome the 'reasonable doubt' barrier simply becomes too much. Reiser's behavior seems to be somewhere around that line.

      And no, the defense doesn't have to 'explain' the seat.

      You're right, as long as they don't mind a conviction. In the real world, they do.

      nor does anyone need to answer 'who did it' to aquit him.

      No, but it sure would make it easier.

    120. Re:All geeks are the same by triffid_98 · · Score: 1

      Lets see, seat removed, floorboards wet. That sounds exactly like my car. My heater core was going out and leaking, and um, removing the seat and such..thats how you get to it. Clearly IR a murderer.

      If I had to sleep in a damn CRX I'd probably pull the seat too. It's not like it's particularly complicated or anything, 4 bolts and you're done.

    121. Re:All geeks are the same by CrimsonAvenger · · Score: 1

      Say Reiser is found guilty, and the public get a vent for their derision, and he goes to the chair, noose or gas chamber. Then say Nina Reiser walks back into town.

      What then? Is she guilty of his murder?

      Please explain how the American legal system works. Thanks.

      First thing to realize is that if Hans were convicted, and were given a death sentence (basically, that last won't happen without a body), then he'd not be executed for about 20 years. On average.

      20 years on Death Row is unlikely to be pleasant, but it'll give him a lot of time to work on his Filesystem. It'll also give a lot of time for Nina to show up.

      Frankly, I can't see her staying away for that long, if she has a choice. Unless she really hates Hans (dislike won't do - I dislike a lot of people, none enough to let them go the Chair undeservedly), and isn't too interested in her kids either, then she'll come back long before that.

      Now, given that she is alive (unlikely, I think. she'd have come back for the kids, if naught else), and that Hans is eventually executed, and then she returns...well, the DA can charge her for obstruction of justice, I think. But not for murder.

      And Hans parents can sue the socks off the City, County, State....

      But basically, there's no chance of the scenario coming to pass - if she's alive, she'll either come back MUCH sooner than he gets executed, or not at all.

      --

      "I do not agree with what you say, but I will defend to the death your right to say it"
    122. Re:All geeks are the same by arth1 · · Score: 2, Interesting

      I think you overestimate the average juror, there's a reason we have 12 of them per trial...

      There is, but not what you think. A group of 4 can not become a mob, while a group of 12 is big enough, while still being small enough that the jurors can relate on a personal level. If keeping the number of jurors smaller, there would be far fewer convictions, and if making them much bigger, the personal factor would be taken out. It takes a /lot/ of gut to stand up and say what you really think if you believe that seven or more people you've come to know over the last few weeks are going to be against your opinion. It effectively serves to quench opposing views.
    123. Re:All geeks are the same by Wordplay · · Score: 1

      Gotcha. So your particular leak was idiosyncratic.

      I just meant that as thoughts go, it's actually a pretty good one, and there's a super-common failure that does the exact same thing.

    124. Re:All geeks are the same by Wordplay · · Score: 1

      Yikes. Brake fluid leaks must be hell on whatever is on top of them.

      Yeah, until I finally bypassed the core completely in lieu of fixing it, you used to be able to tell in my Chevy -exactly- when the thermostat opened--especially if you happened to leave it in the defrost position. Of course, you also usually had to pull over and wipe the windows frantically. Can't say as I miss that. :)

    125. Re:All geeks are the same by westlake · · Score: 1
      You remember how the 9/11 hijackers left a video tape of flying lessons in their car? Yea just like that.

      The hijacker records his farewell performance in Afghanistan.

      It is excellent insurance against the possibility that he might have second thoughts.

      The misfit who opens fire on a school, a shopping mall, a church often feels compelled to justify his actions, document his preparations.

      The true sociopath, the brainiac killer, is a very different animal.

      In his own imagination he is Hannibal Lecter. In real life, he makes mistakes that would embarrass an Elmer Fudd.

    126. Re:All geeks are the same by mrchaotica · · Score: 1

      Frankly, I can't see her staying away for that long, if she has a choice. Unless she really hates Hans (dislike won't do - I dislike a lot of people, none enough to let them go the Chair undeservedly), and isn't too interested in her kids either, then she'll come back long before that.

      Actually, if you think about it, saying that she hates Hans enough to let him get executed is exactly equally reasonable as saying that Hans hated her enough to murder her.

      Well, aside from differences due to the level of "hands on" interaction required, anyway... I would think that allowing the state to do the dirty work would allow her to rationalize away the feelings of guilt, and thus require less hatred than for Hans to perform the act of killing personally.

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    127. Re:All geeks are the same by ElDooderino · · Score: 1

      Right, if you are thinking of it in terms of probabilities, the probability of someone needing to take out their car seat is independent of the probability of someone killing their wife/ex-wife. The two acts being related is specious. Consider this: Of all the instances of someone removing their car seat, what is the percentage that it was to get rid of the evidence of a murder? Of all the instances that someone killed their wife/ex-wife in the passenger seat of their car, how often did that lead to them removing the seat as opposed to say abandoning it somewhere or torching it? You could go on for ever. I'm no authority but I would imagine that statistics generally confuse a subject in a courtroom more than help. That's an unfounded statement on my part but there is certainly a significant number of cases where expert witnesses were brought in and presented statistical data incorrectly to the jury.

      There's no doubt that the car situation is going to be seen as a mighty strange coincidence to the jury, but the reasoning of the parent post is wrong. Juries get duped by this kind of thing quite frequently. A really great video of Peter Donnelly talking about this subject at TED can be found at http://www.ted.com/index.php/talks/view/id/67

    128. Re:All geeks are the same by doom · · Score: 1

      Do I believe he did it? I can't say - I'm not on the jury. However, I definitely don't buy into the defense tactic of 'geek nerds are "special" and "hard to understand"' as a "get out of jail" card.

      I think you misunderstand completely. The actual evidence against Reiser is pretty weak -- he did some weird things, but then the circumstances were weird, and he's a weird guy, so?

      If he's actually convicted, it won't be so much that the evidence was against him, but because he's an odd character, and the Jury went against him because of that.

      The prosecutor is not shy about putting him on trial for Being Weird, the defense can not possibly hide the fact that he's Weird, so it's almost the only option: don't discriminate against my client because he's Weird.

    129. Re:All geeks are the same by sumdumass · · Score: 1

      As long as we are in the Me too, I too have a car with the front passenger seat removed. And to tell you the truth, I don't remember where it is. I removed it because I though fire ants made a nest in it. Turns out that the kid was playing around them and it came from his cloths. Anyways, with it out and smelling like insecticide (and the boy treated and taken care of), I realized how much better it was for storing gear and equipment I used regularly so I left it out. I had another care we could use as a family car and the kids could fit in the back seat.

      I have spilled coffee on it which needs a good soaking to get the smell out. I have spilled beer and whiskey and mixed drinks in it when doing work on the car which needs a good soaking to get rid of. I had one of the kids get sick in it which required two soakings. And of course, I have left the windows down during storms before which soaked it in and of itself. I looked around and I can find detective magazines from the 80's and such that talk about solving murders, I have a forensic investigation book left over from the OJ trial (I watched and learned), I have surf the Internet on many occasions to find out about stuff like that. I have knives and guns.

      Holly shit, the only thing separating me from Hans is a divorce, and a missing wife. Maybe I should get rid of some of this stuff and put the seat back in.

    130. Re:All geeks are the same by doom · · Score: 1

      Chill out. I mean, the man just stated an opinion, it's not like he's in a position of authority or that he's vehemently arguing the case.

      Yeah, and what the fuck, it's only Hans Reiser's life and reputation we're talking about here. Against that, we have the right, nay the duty, of every American to shoot their mouths off about any damn thing that strikes their fancy.

      So, do you think Britney has started wearing underwear yet?

    131. Re:All geeks are the same by doom · · Score: 1

      That's surely plausible. But the notion that Reiser then threw out the seat? No way. Every geek I know has a giant collection of old parts that they will use "someday".

      That's a point, but his Moms was yelling at him to clean up. It's hard to stash a car seat under the bed and get away with it.

    132. Re:All geeks are the same by CrimsonAvenger · · Score: 1

      Actually, if you think about it, saying that she hates Hans enough to let him get executed is exactly equally reasonable as saying that Hans hated her enough to murder her.

      Well, aside from differences due to the level of "hands on" interaction required, anyway... I would think that allowing the state to do the dirty work would allow her to rationalize away the feelings of guilt, and thus require less hatred than for Hans to perform the act of killing personally

      No. It's the difference between a momentary killing rage and 20 years of premeditation. The former you see a lot, the latter, never. Yah, she may hate him that much. Unlikely, but possible. Do you really believe she'll continue hating him that much for the next 20 years?

      --

      "I do not agree with what you say, but I will defend to the death your right to say it"
    133. Re:All geeks are the same by tomhudson · · Score: 1

      How about "don't discriminate against my client even though he has no reason for why he picked the kids up at school even though it wasn't his turn to, just because he has no explanation for something so strange, if you don't believe its just because he's strange, you're just discriminating against him because he's different."

      I don't care that he's "different." I would want to know why he picked the kids up at school when it wasn't his turn, and when nobody knew that Nina was missing.

      Addressing that would go towards a decent defense. Hand-waving about how "he's a geek" is just a red herring. It doesn't explain his apparent knowledge that Nina wasn't going to pick them up. It also discredits his claim that she left the country. If she left the country, HOW WOULD HE HAVE KNOWN so that he could pick up the kids?

      Unless he comes up with an explanation of that, he's guilty beyond a reasonable doubt, at least in my mind.

      Forget the weirdness and just look at the facts:

      1. Prosecution claims that Hans killed Nina
      2. Defense claims that Nina left the country to frame Hans
      3. Hans picked up the kids from school when he wasn't supposed to, and before he could have known that "Nina left the country" (if she did) or that she was killed (if she was)
      For a genius, he's not so smart ... his actions put the lie to his defense. The logical conclusion is that he knew Nina wasn't going to pick up the kids. How? According to his story, he would have no way of knowing that she wasn't going to pick them up that day ... so he wouldn't have gone to pick them up. According to the prosecutors' theory, Hans knew because he killed her.

      So lets say for the sake of argument that he didn't kill her. We still know his story is bogus, because he would not have known she left the country, so he would not have gone to pick up the kids.

      the only other alternative is that he didn't kill her, but he knows who did. So why lie and say she left the country to frame him for murder?

      Nope, it doesn't make sense. He picked up the kids, because he knew, before Nina was known to be missing, that she wasn't going to pick them up that day, even though it was her turn. If she had left the country, he couldn't have known at that point, so his guilty knowledge is from his having killed her.

    134. Re:All geeks are the same by doom · · Score: 1

      I don't care that he's "different." I would want to know why he picked the kids up at school when it wasn't his turn, and when nobody knew that Nina was missing.

      You want me to make up some reasons for you? Here's one: he wanted to spend some more time with them, so he decided to try to kidnap them for a day or so and see if he could get away with it.

      And you can turn this point around you know... Why would Reiser behave as though he knew Nina was dead? Isn't that a remarkably stupid thing to do?

    135. Re:All geeks are the same by Dimitrii · · Score: 1

      Of course if you want a Ford with a wet floorboard, get one of the ones that ran the brake line to the rear wheels through the passenger compartment under the back seat carpet and wait for it to spring a leak.

      I went through 2 bottles of brake fluid looking for my leak in my '81 Zephyr before I started tracing the lines. I couldn't believe that that much fluid could get out of the system with no evidence of it being apparent. No wet carpet, drips, pools, even smell. Started at the front and followed the line back. Pulled up carpet, thresholds, trim panels, until I got to the back seat. I took it off and was overwhelmed by the odor. Bingo. One brake pump to localize the actual leak and off to the parts store.
    136. Re:All geeks are the same by Antique+Geekmeister · · Score: 1

      He didn't just take the seat out: he "threw it in a dumpster". OK, the car is a 20 year-old beater, but if you're that broke, you don't throw away the seat, you stash it in your storage space or you wrap it in a few garbage bags and keep it in your yard, etc.

    137. Re:All geeks are the same by Ptraci · · Score: 1

      Yeah, the prosecutor's in Tim Masters' case sure had it solved.

    138. Re:All geeks are the same by rubberglove · · Score: 2, Funny

      s/ innocent person/yone/

    139. Re:All geeks are the same by tomhudson · · Score: 1

      I don't care that he's "different." I would want to know why he picked the kids up at school when it wasn't his turn, and when nobody knew that Nina was missing.
      You want me to make up some reasons for you? Here's one: he wanted to spend some more time with them, so he decided to try to kidnap them for a day or so and see if he could get away with it.
      He was already facing sanctions from the courts. He was on a VERY short leash. Or are you suggesting an insanity defense?

      And you can turn this point around you know... Why would Reiser behave as though he knew Nina was dead? Isn't that a remarkably stupid thing to do?

      ... hey, even a genius can make a mistake ... especially in a field that they're not familiar with, like how to kill someone. His getting the books on criminal investigations afterwards is just as easily the act af a narcissist rubbing your nose into it - "See, why would I get these books unless I wasn't guilty?"

      Sometimes, the simplest explanation is the one that makes the most sense - that he's a violent, egotistical SOB who ddn't like that his ex-wife had made a life on her own, and that he owed her $30,000, and that she slept with his friend, and that she got the kids, and that she was moving on with her life while he was $90k in debt, his business failing, and he blamed her and pulled an O.J.

    140. Re:All geeks are the same by Anonymous Coward · · Score: 0

      He said "I think he is guilty". He did not say "He is guilty".

      We are all free to *think* as we wish.

      Heaven forbid people have an opinion or speculate, except for you of course having your mysterious "specific experiences" and all which let you know that the trial is *probably* unfair already.

    141. Re:All geeks are the same by doom · · Score: 1

      But my understanding is that Reiser hasn't offered a plausible explanation for the seat removal.

      I thought it was supposed to be to make room to sleep in the car.

      But in any case, he doesn't have to offer an explanation for it, certainly not to us.

    142. Re:All geeks are the same by that+this+is+not+und · · Score: 1

      I can't afford the hardware dongle.

      I have NeXTStep for PA-RISC, but don't have a monitor or keyboard for my PA-RISC box... oh well.

    143. Re:All geeks are the same by Anonymous Coward · · Score: 0

      Well then... the bitch deserved it.

    144. Re:All geeks are the same by fractoid · · Score: 1

      Found in Exhibit E (Masterpieces of Murder) on page 38:
      "See page 252 in Hom."

      Found in Exhibit F (Homocide) on page 252:
      "Also see page 38 in M of M".

      --
      Rampant carbon sequestration destroyed the Dinosaurs' tropical paradise. I'm here to help repair the damage.
    145. Re:All geeks are the same by IgnoramusMaximus · · Score: 1

      Actually, no. The odds of a not-4 coming up must increase by some amount after you roll each new 4 in your "winning streak" because if they did not, the die would cease to have an equal probability of each of its sides coming up. An infinite sequence of 4s would prove conclusively, irrespective of any prior claims of probability distributions, that the die was a 1-sided one, with a number 4 being the only "side", assuring 1 in 1 chance of 4 coming up.

      From another perspective, this test would also be satisfied even if the sequence was not infinite, but long enough that we could not practically observe another result, i.e. the die came up 4 for everone who ever rolled it, during the memory of all those who ever owned it and during our lifetime.

      If mathematicians do claim otherwise, they might be correct within the confines of mathematics but their models then do not correspond to the Universe around us, which is actually quite a common occurence. Mathematics is very useful as a mechanism to construct models of the physical Universe, but we must always remember that these models are just that. Models. Their accuracy and predictive powers vary wildly. Taking Mathematics as some sort of Divine Truth which somehow unlocks all of the mysteries of the Universe solely on the word of mathematicians (who are sadly only too willing to oblige) amounts to joining a religious cult.

      Sometimes I think Nobel was quite wise in specifically excluding Mathematics from the list of sciences for which his prize was to be awarded, reportedly after having been disguisted with the antics and wild claims of mathematicians when contrasted with his empirically gained knowledge (which then, after his death, led some mathematicians to spreading false rumours about one of theirs stealing his girlfriend and that being the source of his ire). Knowing some mathematicians personally, I am firmly with Alfred on that one.

    146. Re:All geeks are the same by murdocj · · Score: 0

      Well, another thing that separates you from Reiser is having a relationship with your ex that is so bad that the police advise you ex to get a gun to protect herself.

    147. Re:All geeks are the same by x2A · · Score: 1

      It's unfortunately not a rare story, I couldn't tell you how many people I've known who've had their lives ruined by such things, left unable to share certain joys with the people they love that others take for granted, unable to hold together a "normal" relationship because of everything connected with it, the knock on effect on everyone who loves them, and how they feel seeing the effect it has on the people they love. It's heartbreaking. But you can't live with a broken heart, and you can't do your best for the people who need you if you can't handle it yourself. Different people handle things in different ways. I nearly destroyed myself by becoming so emersed, my brain would spot occurances of 'rape' within a page full of text that includes the word 'grapes'. You can't live like that, and you can't help people like that. Now, perhaps not quite as tackless as the post you replied to, I've been known to make poor taste 'jokes' involving the subject matter (but never personalised) and laughing. Why? How can I do that when I've seen how actually unfunny to the extreme it is? I didn't have a choice. Force myself to laugh to reprogram my brain to go down a different thought line to give me the choice of an alternative response to the millions of triggers that serve as the constant reminders of everything I know. And I'm not the only one; I have in the past recognised a victim by her change in humour to include joke-rape-remarks. It's not that she was actually insensitive as it may appear to others, it's that she wished she was, and wanted to convince herself that she was.

      Yes there are some very insensitive people out there who haven't seen the effects, and you know what? Lucky them. The more people like that out there means more people whos lives haven't been tainted by such things. And so, they joke, because they don't recognise the seriousness of it. And then, there are the others, who joke because we do recognise the seriousness of it, because we are affected by it, but we try so hard to have moments when we can feel like we're not.

      So please be careful attacking people who make such poor taste comments. They may appear insensitive, but it may actually end up being you who is insensitive to somebody's coping mechanism. We're all different. It doesn't mean we're bad.

      I wish you and your family the best of luck for your future.

      Alex

      --
      The revolution will not be televised... but it will have a page on Wikipedia
    148. Re:All geeks are the same by corbettw · · Score: 1

      I didn't haul bodies in it, but could have packed in maybe five or six with no problem. You should've invested in a chainsaw, or at least a miter saw. You could've doubled that number and made a real go of it.
      --
      God invented whiskey so the Irish would not rule the world.
    149. Re:All geeks are the same by corbettw · · Score: 1

      You're forgetting that the chances of rolling two 4s in a row are not 1 in 6, they are 1 in 36. Just so, the odds against someone removing their floorboards AND having a missing/murdered wife (still no body, so technically she's missing and assume murdered) are considerably greater than either one of those incidents by themselves.

      --
      God invented whiskey so the Irish would not rule the world.
    150. Re:All geeks are the same by dgatwood · · Score: 1

      Probably blue, but yeah. Guilty hands. Subtle play on the common legal term "mens rea".

      --

      Check out my sci-fi/humor trilogy at PatriotsBooks.

    151. Re:All geeks are the same by sumdumass · · Score: 1

      I have already had the police say that to other people I have had issues with. They were saying it more in sarcasm I think, but they said it. I have actually gotten into physical and legal fights with the local cops too (and I had been cleared of wrong doing with it each time). Interesting stories if you want to hear about them.

      So yea, I'm missing a few things but I can see how screwed I could be. Of course it would work itself out in the long run.

    152. Re:All geeks are the same by TapeCutter · · Score: 1

      You toched a nerve both times. Peace.

      --
      And did you exchange a walk on part in the war for a lead role in a cage? - Pink Floyd.
    153. Re:All geeks are the same by TapeCutter · · Score: 1

      I agree that in the 'real world' the guy is not doing himself any favours. However in the same real world, old style 'criminal justice' worked because people don't argue with a lynch mob.

      --
      And did you exchange a walk on part in the war for a lead role in a cage? - Pink Floyd.
    154. Re:All geeks are the same by Mr.+Underbridge · · Score: 1

      However in the same real world, old style 'criminal justice' worked because people don't argue with a lynch mob.

      It also worked because for the vast majority of crime, people who act guilty are guilty.

    155. Re:All geeks are the same by pnutjam · · Score: 1

      If he's sleeping in his care I'm going to assume he's also homeless, where was he supposed to store a seat?

    156. Re:All geeks are the same by nobaloney · · Score: 1

      Note first that I know Hans Reiser and that I've met his wife and children.

      I don't know whether he's guilty or not. But I know I'm a geek, and I know the problems my ex and I had during our marriage.

      And I'm on good terms with my ex now.

      So I gave her some links and asked her what she thought.

      She agrees that my geekiness was hard to deal with. Would either of us have killed the other? No. But though she decided on a simple divorce, she understands why Nina might have:

      a) disappeared with her new boyfriend

      b) figured out a way to get to Russia without going through US Customs

      c) managed to get our kids to Russia as well

      d) figure out how to live in privacy until her husband went to prison

      Can vindictive wives think of and do such things? My ex didn't when she divorced me, but the saw that Nina might very well have done so.

    157. Re:All geeks are the same by phlinn · · Score: 1

      I'm just going to direct you to a message which already challenged this particular claim. Although it looks like it was posted at the same time more or less.

      --
      "Pulling together is the aim of despotism and tyranny! Free men pull in all sorts of directions" -- Havelock Vetinari
    158. Re:All geeks are the same by Antique+Geekmeister · · Score: 1

      It's an interesting question. What happened to his books and furniture after the divorce?

    159. Re:All geeks are the same by laffer1 · · Score: 1

      That's a shame.

      I got an old NeXTStation on ebay for $150 about two years ago. I bought a spare hard drive for it with the developer tools and OpenStep 4.2. I managed to get OpenSSH, lynx and WorldWideWeb (the first browser) working on it.

      Here's a screenshot from it when I was running nextstep 3.2 (pardon the capitalization).

      http://www.foolishgames.com/luke/firstbrowser.tiff

    160. Re:All geeks are the same by shaitand · · Score: 1

      We aren't, we are on a U.S. forum that permits foreigners to post. Since this is a U.S. forum and not an international one 'the' anything is by default 'the U.S.' anything.

    161. Re:All geeks are the same by shaitand · · Score: 1

      Yes but the 60% statistic isn't relative to those tested but relative to the total population. If there are 10 prisoners and 2 are tested, half of those found innocent the rate is 10% not 50%. That is obviously simplified and the sample is larger but you get the idea.

      It's possible that we are less effective at catching murderers than those convicted of lesser crimes but somehow I suspect its the other way around.

    162. Re:All geeks are the same by Anonymous Coward · · Score: 0

      But you also bested my ext2, so you must have studied, and in studying you must have learned that man is mortal, so I can CLEARLY not trust the CUP in front of YOU!

    163. Re:All geeks are the same by peccary · · Score: 1

      Yes, it made me sad, but realistically... it had something like a 25 Mhz 68020 and 32 MB of RAM. It was way cool for its time (and I had originally paid something like $12K in today's dollars), but it took up space that I didn't really have and it couldn't handle the crap that passed for websites anymore.

    164. Re:All geeks are the same by Anonymous Coward · · Score: 0

      one of the books on crime in question was "Homicide: a year in the killing streets". I highly recommend this to anyone who likes The Wire (which, in case you didn't know, is the greatest show ever put on television). This book is the foundation from which the author later created the wire, and is a thrilling read for geeks interested in police procedural.

      That said, Hans did it.

    165. Re:All geeks are the same by StikyPad · · Score: 1

      I'm fairly sure the defense would have raised this argument A) If it were true, and/or B) If it wasn't easily testable by turning the heater on.

    166. Re:All geeks are the same by StikyPad · · Score: 1

      Ah, but how many goats and/or cows could you fit?

    167. Re:All geeks are the same by StikyPad · · Score: 1

      Except he didn't pick them up.. http://blog.wired.com/27bstroke6/2007/12/witnesses-hans.html CTRL-F "Ellen Doren"

      Which makes it all the more unusual.

    168. Re:All geeks are the same by dcavanaugh · · Score: 1

      That was a good description of circumstantial evidence. And yes it CAN be enough for a conviction. But in this case, nobody has found a body. Without it, the prosecution will be hard-pressed to prove that Nina is dead, which is a prerequisite to proving Hans committed the murder. If they can locate her body, then it becomes much easier for the prosecution. Otherwise, I think he walks.

      This is such a bizarre case. He certainly looks guilty. Without being caught in the act, there is not much more he could do to stand out as an obvious suspect. But Nina could easily be alive, in which case there was no crime at all.

    169. Re:All geeks are the same by StikyPad · · Score: 1

      Here's the evidence in favor of conviction, as I see it:

      * There was a short call from Paul's phone to Nina's, not answered. The sort of thing you might do if you were trying to find a cell phone without searching.
      * Nina's phone was subsequently found in her car with the battery removed, which would also coincidentally prevent tracking (even though turning it off would do the same).
      * Hans' phone was also found with the battery removed.
      * She "left" without her kids, and in fact left them in the custody of someone she claimed to be an unfit parent.
      * She bought groceries immediately before dropping off the kids. They were found rotting in her car.
      * Sleeping bag cover with her blood on it, in his car, in conjunction with:
              - Testimony from the son that he saw dad carrying something in a bag (possibly a sleeping bag)
      * Nina was scheduled to start a new job. She never showed up, never called to explain.
      * The defense actually suggested that she didn't show up because there would be a background check and fingerprinting, however:
              - She already had a background check when she got her citizenship shortly before this
              - Her fingerprints aren't on record anywhere as she had never been arrested and had no criminal history
      * She left thousands in her bank account when she supposedly fled the country.
      * None of her bank cards have been used since the date she was last seen.
      * Hans bought books about murder after she went missing.
      * He "doesn't remember" where he left the car seat.
      * He went on a trip up into the mountains shortly after her death.

      As for the boy's testimony, it's been about as reliable as you might expect a child's to be; self contradictory and clearly influenced by the grandparents.

    170. Re:All geeks are the same by Asic+Eng · · Score: 1

      Well it's a strange coincidence, granted. And I don't really see a reasonable explanation either. On the other hand his wife's boyfriend confessed to killing 8 people. Obviosuly it may be possible that you date an eight times murderer, and then are murdered by someone else. But dating a murderer then being murdered is a slightly more strange coincidence than the one about the car seat, surely? http://www.wired.com/politics/law/news/2007/05/reiser

    171. Re:All geeks are the same by petermgreen · · Score: 1

      making up a call seems like a horriblly bad idea. Law enforcement would probablly go over your phone records with a fine tooth comb after that.

      --
      note: i'm known as plugwash most places but i screwd up registering that here somehow in the past and now can't register
    172. Re:All geeks are the same by Reservoir+Penguin · · Score: 1

      How scary! So, basically you're saying that most people convicted in the USA are innocent?

      --
      US-UK-Israel: The real Axis of Evil
    173. Re:All geeks are the same by shaitand · · Score: 1

      pretty much

    174. Re:All geeks are the same by CrimsonAvenger · · Score: 1

      Yes but the 60% statistic isn't relative to those tested but relative to the total population. If there are 10 prisoners and 2 are tested, half of those found innocent the rate is 10% not 50%. That is obviously simplified and the sample is larger but you get the idea

      Let's see if I can explain this simply. The crimes that can be reolved with DNA evidence generally reduce to two - murder and rape. Occasionally an assault can be solved that way, once in a great while a robbery can. but generally, it's murder and rape.

      Murder and Rape make up a great deal less than 10% of the prison population. So if that 60% statistic were relative to the total population, then EVERY murderer or rapist would have to be innocent. Which is excruciatingly unlikely, even if they charged people at random.

      However, that said, we haven't done DNA testing of every murderer or rapist, much less the general population. Nor have we done that for 60% of the population. Therefore, the 60% statistic either (a) refers to only the subset of the population that has been so tested, a self-selecting sample, or (b) was made up out of whole cloth.

      I'm inclined to say (b), myself.

      Note, however, that Texas has freed at least 30 people due to DNA testing, the highest number among all the States. Which means that rather less than 1500 have been so freed, nationwide. Out of a prison population of about 1.5 million. That's fewer than 1/10th of one percent. Not 60%.

      Note also that 1500 is fewer than 60% of those on Death Row alone. It's a bit less than 50%, actually.

      And keep in mind that 1500 is the MAXIMUM conceivable value, since 30 is the LARGEST number for any of 50 States.

      So, any way you slice it, the 60% number isn't about the "total population" of anything (other than, possibly, inmates who have requested DNA testing in order to prove innocence).

      --

      "I do not agree with what you say, but I will defend to the death your right to say it"
    175. Re:All geeks are the same by shaitand · · Score: 1

      'However, that said, we haven't done DNA testing of every murderer or rapist, much less the general population. Nor have we done that for 60% of the population'

      http://209.85.207.104/search?q=cache:8a-wOGW35sQJ:www.time.com/time/magazine/article/0,9171,30506,00.html+60%25+innocent+dna+testing&hl=en&ct=clnk&cd=3&gl=us&client=firefox-a

      It is in fact 60% of those sent for testing. I had come away with the impression that the statistic was a projection to the total murder and/or death row population.

      That said, your point about volunteering might make be
      a stronger one if there were a consequence to a bad result. Saying that only innocent people would
      volunteer is like saying that only innocent people would file an appeal. Even if they are guilty they hope to beat the system. DNA is not anywhere near as accurate as people believe, especially
      when you take lab/human errors into account. If you are going to die anyway and aren't going to be
      any more dead if fail then why not volunteer?

  2. Over thinking by Romancer · · Score: 1

    Is this supposed to be over thinking or thinking without knowledge of how others socially percieve you?

    It could be done either way, making yourself look stupidly guilty to throw off the scent (aka movie plot #6) or a real personality issue that is so stereotyped that we now have at least one major box office movie and major tv sitcom dedicated to it.

    --


    ) Human Kind Vs Human Creation
    ) It'd be interesting to see how many humans would survive to serve us.
  3. peers? by vDave420 · · Score: 3, Interesting

    The effort will be watched and appreciated down the breadth of Silicon Valley, perhaps the only place a computer genius might find a jury of peers. There, Hans Reiser's actions appear fairly reasonable, at least to people who spend much more time with computer code than with other humans.

    Come on - the only place a half-crazed defense strategy can work is when pitched to computer geeks?
    What what what?

    -dave-

    --
    The pig browse. With Google. Sigh is to the chicken. Chicken is fool. Giggle. The DailyWTF giggle.
    1. Re:peers? by DNS-and-BIND · · Score: 3, Interesting

      If they were so smart, they would have thought of an excuse to get out of jury duty.

      --
      Shutting down free speech with violence isn't fighting fascism. It IS fascism!
    2. Re:peers? by Skapare · · Score: 3, Insightful

      If they were so smart, they would have thought of an excuse to get out of jury duty.

      That presumes they want to get out of jury duty.

      --
      now we need to go OSS in diesel cars
    3. Re:peers? by DNS-and-BIND · · Score: 3, Funny

      Let's see: go back to my code and my cubicle, or deal with a problem that is purely judgement and requires a lot of thinking about and dealing with other people?

      --
      Shutting down free speech with violence isn't fighting fascism. It IS fascism!
    4. Re:peers? by dougmc · · Score: 3, Insightful
      Dunno, when I was called up for jury duty, I was looking forward to it. It was something different, something I'd never done before. (Or, perhaps I could have tried to avoid it, so I could keep working on code in my cubicle ...)


      (I'm not sure if I'm agreeing with you, DNS-and-BIND, or not.)

      Alas, they turned out not needing me. Maybe next time.

    5. Re:peers? by westlake · · Score: 1
      If they were so smart, they would have thought of an excuse to get out of jury duty.

      The jury is middle aged, middle class, small-C conservative. It draws people who make decisions in society - wield real power - simply because they are able - and willing - to put in whatever time and effort is needed to get the job done.

    6. Re:peers? by Anonymous Coward · · Score: 0

      Unless they want to find him not guilty in order to get more performance out of their boxen.

      Prosecutors should be very careful to ask what file system the dudes with the long beards are using.

    7. Re:peers? by tomhudson · · Score: 2, Insightful

      If they were so smart, they would have thought of an excuse to get out of jury duty.
      The jury is middle aged, middle class, small-C conservative. It draws people who make decisions in society - wield real power - simply because they are able - and willing - to put in whatever time and effort is needed to get the job done.

      ... or its composed of people who are uncomfortable with the idea of lying to get out of having to perform what many people consider an onerous duty.

      If you're innocent, these are the type of people you'd want to entrust your fate to. If you're guilty, on the other hand ...

    8. Re:peers? by compro01 · · Score: 1

      Jury -- A group of twelve people who, having lied to the judge about their hearing, health and business engagements, have failed to fool him.

      --
      upon the advice of my lawyer, i have no sig at this time
    9. Re:peers? by Harmonious+Botch · · Score: 4, Interesting

      The jury is middle aged, middle class, small-C conservative. It draws people who make decisions in society - wield real power - simply because they are able - and willing - to put in whatever time and effort is needed to get the job done. Sorry, but I've gotta call you dead wrong on this. It draws mostly from people who are NOT decision makers. The people who end up on juries are the mostly the compliant ones who leave decision making up to others.
      This is how ALL the parties involved want it. The real decision makers want to get back to their decision-making jobs, not be one of twelve, so they find a way out. The prosecution and the defense attorneys do not want someone who makes decisions; they want someone who can be led and instructed. So does the judge.
      The whole system is designed to filter in people who can be controlled and led.
    10. Re:peers? by amRadioHed · · Score: 1

      My jury duty experience was 8 hours of paid leisurely reading time. I'd recommend it.

      --
      We hope your rules and wisdom choke you / Now we are one in everlasting peace
    11. Re:peers? by Danny+Rathjens · · Score: 1

      Same here. I thought it was an interesting experience. Plus I got to see/hear nifty things like the white noise generator they use for when attorney's approach the bench so the rest of us can't hear it; witness the awesome occurrence of a judge ordering his bailiff to confiscate the cell phone of the state's attorney; and point out a logical error by the defense attorney during voire dire(which is probably why I was not picked for the jury. :))

    12. Re:peers? by Anonymous Coward · · Score: 0

      Smart people realize how dumb people who think other's are stupid for eluding their civic duties really are... oh, that's right, too many American's have forgotten what America is all about; my bad. Carry on...

    13. Re:peers? by Dutch+Gun · · Score: 4, Informative

      The entire point of being on a jury is to weigh available evidence and come to a *decision*. Sure, the defense attorney would love to get indecisive people, but the prosecutor will be looking for those who can think and come to a reasonable decision based on the available evidence. The judge is looking for people who can work within the rules of the system, but that surely doesn't preclude decision-makers either.

      I've been on a jury before, and contrary to popular opinion, it was not composed of people who had nothing but time on their hands. Nearly everyone there seemed to be a businessperson or professional of some sort. Even so, no one complained about the time it took, as we all knew a young man's future was to be greatly impacted by our decision. As such, we took our job extremely seriously (and it wasn't anything so dramatic as a murder trial). While I'd never hope to spend another day surrounded by arguing lawyers, I certainly wouldn't go out of my way to recuse myself if called up again.

      --
      Irony: Agile development has too much intertia to be abandoned now.
    14. Re:peers? by zonker · · Score: 0

      I enjoyed jury duty too. My case was a strange one involving an arson. Almost everyone involved had a history of something and it was really difficult to judge who was telling the truth. Mine took nearly two weeks but I was really happy with the outcome especially because we truly thought every point through. I think we all felt good about it because in the end we would hope someone would spend the same effort on us if we were in the same situation. I took a pay loss because of it but it was a good experience to go through all the same as it made me appreciate why the system is the way it is.

    15. Re:peers? by ryanov · · Score: 1

      I want to be one of twelve. What kind of legal system do we have where no one will serve in it? You don't want to be in a jury, move to a different country. I think the fact that they let people out is bullshit (though I do understand someone living hand to mouth not being able to afford the loss of pay -- jury pay is probably still paltry).

    16. Re:peers? by wall0159 · · Score: 1

      "the prosecutor will be looking for those who can think and come to a reasonable decision based on the available evidence."

      Actually, I thought the term was "beyond reasonable doubt"...

    17. Re:peers? by that+this+is+not+und · · Score: 1

      The only jury I almost sat on, the prosecution drummed me out because it was a black defendent in a gang killing, and I had been a political activist about a half decade before. They didn't want me when the truth came out about anti-klan demos I had attended, etc. The defendent smiled and gave me a 'thumbs up' as I was dismissed. A little unnerving.

    18. Re:peers? by Bill_the_Engineer · · Score: 2, Interesting

      Sorry, but I've gotta call you dead wrong on this. It draws mostly from people who are NOT decision makers. The people who end up on juries are the mostly the compliant ones who leave decision making up to others.

      I think you are the one that is "dead wrong" and basing your opinion on a stereotype. (You may want to cut down on the number of court room dramas you watch on TV)

      Yes, it is true the prosecution will strike the jurors who may be sympathetic to the defense, and the defense attorney will strike the jurors who may have strong opinions but neither party can strike the whole jury pool. The theory being that the jurors left over will be fair and impartial. I don't know about your state, but where I'm at it is very difficult to be excused from a jury. The judge presiding over the jury pool here is a hard ass and nothing short of being extremely ill or a death of an immediate family member will get you excused. I served 3 times (and seem to been picked after I voted in the last election -- coincidence? ) in the past 20 years. On the first day, the juror pool would be 3/4 full, however the local sheriffs department is nice enough to remind those that were absent and on the second day the room is packed to the gills.

      I served in a pool with physicists, small business owners, nurses, office managers, engineers, and young professionals. You would think that the jury room would have just as many stay-at-home mothers or unemployed people, but that doesn't seem to be the case. It could be statistics or the fact that most "nonthinking deadbeats" in my community don't bother to register to vote.

      An example of how much of a hard ass our judge was:

      My county is located on the state line and a good percentage of our population work out of state near the military bases. In my jury pool we had three out-of-state workers and being out-of-state they were not covered by a state law that provided wage guarantees while serving jury duty. They tried to be excused due to the hardships associated with having an out-of-state employer but failed and spent their week being a juror for $10 a day.

      This is how ALL the parties involved want it. The real decision makers want to get back to their decision-making jobs, not be one of twelve, so they find a way out. The prosecution and the defense attorneys do not want someone who makes decisions; they want someone who can be led and instructed. So does the judge. The whole system is designed to filter in people who can be controlled and led.

      This is just plain silly. Of course the defense would like to have jurors that would be stupid enough to give an acquittal no matter the amount of blatantly obvious evidence and a trial of a former football player proves that occasionally the defense gets their wish. However, it is in the best interest of the prosecution to have a fair trail that can survive appeal. As far as the judge is concerned, he is supposed to be an impartial referee. Of course there are horrible judges (football player), but I believe they are the exception and not the rule...

      --
      These comments are my own and do not necessarily reflect the views or opinions of my employer or colleagues...
    19. Re:peers? by Antique+Geekmeister · · Score: 1

      Actually, my geek friends have enjoyed jury duty. We all hated going to the courthouse and having the defendants plead out or settle after we spent the time and money and work getting there, but my friends who've actually sat on jury duty appreciated doing so.

    20. Re:peers? by Workaphobia · · Score: 1

      A white noise generator? That's awesome, I always wondered if they even cared about the fact that the front row can hear them in real life. As for being picked for a jury, the only way in is if you appear as normal as possible with nothing in your background or demeanor to even hint at a potential bias one way or the other. Having complex ideas and independent thoughts is a major turnoff for the legal system, but not necessarily fatal if you can avoid demographic cliches. Bonus points for looking gullible.

      --
      Evidently, the key to understanding recursion is to begin by understanding recursion. The rest is easy.
    21. Re:peers? by puddles · · Score: 1

      I served on a jury once before and the selection process was anything but "select the compliant ones". There was no way to evaluate how compliant one can be, although it was evident that all parties were looking for common traits. The trial involved a gentleman and a minor, and the selection of the jury made it clear that they were looking for parents, possibly with children in the same age group, so that they would better identify with the issues at trial.

      I was most impressed by the way the judge and lawyers went through the selection process and impressing upon us the basic points, and explaining the meaning of various words and phrases as thoroughly as they can, trying to dispel the myths the potential jurors may have seen on television, etc. They must have done this a thousand time and they still take the care and time to treat each selection with the attention it deserves.

      I don't think that my experience was unique to that courtroom. It's much more likely that this is how it generally works, and that what you see on television, as is the case for most things, do not reflect reality.

    22. Re:peers? by nomadic · · Score: 1

      The jury is middle aged, middle class, small-C conservative. It draws people who make decisions in society - wield real power - simply because they are able - and willing - to put in whatever time and effort is needed to get the job done.

      Most juries I've seen have tended to be blue collar actually.

    23. Re:peers? by corbettw · · Score: 1

      the prosecutor will be looking for those who can think and come to a reasonable decision based on the available evidence. Bullshit, the prosecutor is looking for people who find the defendant guilty. So yeah, they're much more concerned with finding a group of twelve people they think they can impress, manipulate, and control, just like the defense is, than with any high flying concepts of Truth, Justice, and The American Way.

      Jeez, it's like you've never watched an episode of Law & Order before.

      /dunk dunk
      --
      God invented whiskey so the Irish would not rule the world.
    24. Re:peers? by Anonymous Coward · · Score: 0

      I had jury duty a few weeks ago, a lame-ass drunk driving case where I'll come right out and say, the defense attorney made the defendant's guilt obvious before jury selection even completed. The juror questioning basically asked "do you think we're wasting our time trying this guy, given that he failed two blood-alcohol-level measurements?". The first day of jury selection, all prospective jurors tried to be responsible and serious. On the second day when it was obvious that the case was crap, they were actively trying to not get selected, and this was just for a predicted 3 day trial. Out of 70 or so prospective jurors they went through more than 50 before seating a jury. Lucky me, I was in the last 20 and got out without being asked the stupid questions.

      Oh yes, the prospective jurors weren't movers and shakers, neither were they lamers. They were just regular folks. The most interesting one was a bartender who got questioned closely about his experiences dealing with drunk people, and gave very sensible answers.

    25. Re:peers? by entropiccanuck · · Score: 1

      I was recently on jury duty and was surprised by how interesting I found it. Law is a complex structured system that I had little experience with, and although the case I was on was dull (6 year old traffic accident), the process was fascinating. Lots of rules + data analysis + novelty => meaningful output. Why wouldn't a geek find that intriguing?

  4. A curse I've had to live with . . . by reboot246 · · Score: 4, Funny
    Being too intelligent is a curse I've had to live with my whole life!

    But I guess it sorta goes with my outstanding good looks. :)

    1. Re:A curse I've had to live with . . . by calebt3 · · Score: 1

      If you had good looks you wouldn't have made your way to the basement.

    2. Re:A curse I've had to live with . . . by reboot246 · · Score: 1

      I don't have a basement. I just hole up in a back room.

    3. Re:A curse I've had to live with . . . by berashith · · Score: 1

      I agree. It is tough to live life with height, hair, and brains.

    4. Re:A curse I've had to live with . . . by MichaelSmith · · Score: 1

      Not your car?

    5. Re:A curse I've had to live with . . . by tomhudson · · Score: 0, Offtopic

      Being too intelligent is a curse I've had to live with my whole life!

      But I guess it sorta goes with my outstanding good looks. :)

      That's right, Forrest! And don't let any of them other boys ever tell you different, y'hear?

      You're "special!"

      Now get on that short bus before I kick yer ass!

    6. Re:A curse I've had to live with . . . by gbjbaanb · · Score: 3, Funny

      I guess you would have mentioned your immense modesty too, if you weren't so modest :)

    7. Re:A curse I've had to live with . . . by reboot246 · · Score: 1

      That doesn't make any sense at all. Non sequitur.

    8. Re:A curse I've had to live with . . . by tomhudson · · Score: 3, Interesting

      Sure it makes sense. Most people have an over-inflated idea of how intelligent they are - the majority claim they're more intelligent than the average person - which simply can't be true.

      Then again, the majority of Americans believe that God created human beings: 45% believe god did it within the last 10,000 years, and a further 38% believe that god guided it over the last million years (intelligent design). Only 13% believed in Darwin's theory of evolution.

      Contrast that with what people believe just north of the border - only 22% agree that god created humans within the last 10,000 years. 59% believe in evolution.

      In this set of findings Iceland, Denmark, Sweden and France, 80 percent or more of adults accepted evolution; in Japan, 78 percent of adults did. Turkey, on the other hand, had results akin to the US. Kind of telling, I would say ...

    9. Re:A curse I've had to live with . . . by JPriest · · Score: 1
      While I concede that few in the U.S subscribe wholesale to the theory of evolution, I am not entirely convinced this is due to lack of intellect. I think humans are driven by a handful of psychological conditions that we do not necessarily see as being scientific or rational. People seem to have a fundamental need to feel important, they want the universe to revolve around the earth, they want the (flat) world to exist for sole reason of serving them. People don't want to think that after their life is over, it is "over", so they find comfort in religion. Faith > Logic.

      "Us and them" mentality causes people constantly group themselves and others so they can paint them as "bad guy", but this may have been a trait that caused them to survive evolution (or a trait that killed off the free thinkers for being one of "them"). As an intelligent free thinker yourself, you have used your numbers to cast 85% of the US population into a group of people you are better than, and this makes you feel better about yourself.

      Me too.

      --
      Saying Java is nice because it works on all OS's is like saying that anal sex is nice because it works on all genders.
    10. Re:A curse I've had to live with . . . by ryanov · · Score: 1

      I always knew US citizens were a bunch of turkeys.

    11. Re:A curse I've had to live with . . . by Anonymous Coward · · Score: 0

      the majority claim they're more intelligent than the average person - which simply can't be true. Of course they can. Intelligence is not a scientific term, it's not something that can be measured, and you can evaluate it in a very narrow context. It's perfectly valid for an individual to judge his own intelligence in a different way from some other individual, with all of them correctly judging their intelligence to be greater than an arbitrary 'average' intelligence decided by a third party.
    12. Re:A curse I've had to live with . . . by cascadingstylesheet · · Score: 1

      Contrast that with what people believe just north of the border [angus-reid.com] - only 22% agree that god created humans within the last 10,000 years. 59% believe in evolution.

      So maybe you haven't thought deeply enough about this ... are you suggesting genetic differences in intelligence across the border? Or what?

      Or maybe, just maybe, the difference in beliefs isn't linked to intelligence ...

    13. Re:A curse I've had to live with . . . by reboot246 · · Score: 1
      I agree that most people see themselves as more intelligent than they really are, but that wasn't my point. The point I was making was about the reference to Forrest Gump. From my point of view it didn't fit because it seemed that you were taking me seriously. My original post was meant to be anything but serious. After my post there were several humorous posts in response. Yours "did not follow". That's all. If you were trying to be funny, it didn't work.

      As long as we're turning this into a "serious" discussion about intelligence, I'll tell you my opinion. I would never judge a person's intelligence based on whether or not he believes in evolution. That's not a very good criterion. I know plenty of intelligent people who are skeptical about evolution, and plenty of dumb people who accept it without question. I happen to believe in both evolution and God. What does that make me? Semi-intelligent? :)

      My criterion for intelligence? A sense of humor. Think about it.

    14. Re:A curse I've had to live with . . . by tomhudson · · Score: 2, Informative

      the majority claim they're more intelligent than the average person - which simply can't be true.
      Of course they can. Intelligence is not a scientific term, it's not something that can be measured, and you can evaluate it in a very narrow context. It's perfectly valid for an individual to judge his own intelligence in a different way from some other individual, with all of them correctly judging their intelligence to be greater than an arbitrary 'average' intelligence decided by a third party.

      **snort** Thank you for proving my point. I rest my case.

    15. Re:A curse I've had to live with . . . by tomhudson · · Score: 1

      The original post was funny - it was self-deprecating humour:

      Being too intelligent is a curse I've had to live with my whole life!

      But I guess it sorta goes with my outstanding good looks. :)

      My post was a follow-up on it, pointing out that often "beauty (or intelligence) is in the eye of the beholder".

      That's right, Forrest! And don't let any of them other boys ever tell you different, y'hear?

      You're "special!"

      Now get on that short bus before I kick yer ass!

      It followed up on the original point - that people are not always unbiased judges. As such, its no different from Aesop's Fable, which iirc, goes like this:

      A fox and an owl got into the habit of talking every day. The owl kept on going on about how beautiful her new baby owls were, how wonderful their voices sounded, etc..., so much so, that the fox agreed that he couldn't possibly harm such wonderful creatures.

      One day, the fox came upon the owls' nest. Inside were a bunch of scrawny, awkward, squawking baby owls. The fox thought "these ugly things can't possibly be her children" so he ate them.

      The moral of the story: Beauty is in the eye of the beholder.

      You now write:

      My criterion for intelligence? A sense of humor. Think about it.

      Do you want a +1 Ironic / Whoosh mod?

      I happen to believe in both evolution and God. What does that make me? Semi-intelligent? :)
      No, just wrong on either one or the other ;-0

      Relax ...its all in good fun. If you don't get it, what's the big deal?

    16. Re:A curse I've had to live with . . . by tomhudson · · Score: 1

      Contrast that with what people believe just north of the border [angus-reid.com] - only 22% agree that god created humans within the last 10,000 years. 59% believe in evolution.

      So maybe you haven't thought deeply enough about this ... are you suggesting genetic differences in intelligence across the border? Or what?

      No, I'm saying (not suggesting) that while some other countries have made progress in throwing off the yoke off intellectual repression by religious lobby groups, the US is *ahem* not evolving ...

    17. Re:A curse I've had to live with . . . by lenski · · Score: 1

      And some of us remodeled our homes so the computerRoom/office has a picture window overlooking our back yard. Lot of good that did though... Can't see much during traditional programmer work hours from 7:00PM till 1:00AM. Floodlights are only mildly helpful...

      Oh, wait, what's this... I feel the pull of the basement right now. It's calling my name, oh so softly, oh so relentlessly... :-) :-)

    18. Re:A curse I've had to live with . . . by maxwell+demon · · Score: 1

      He said "back room". So it's clearly his cdr, not his car.

      --
      The Tao of math: The numbers you can count are not the real numbers.
    19. Re:A curse I've had to live with . . . by maxwell+demon · · Score: 1

      Sure it makes sense. Most people have an over-inflated idea of how intelligent they are - the majority claim they're more intelligent than the average person - which simply can't be true.

      Of course it can be true. Let's assume that almost all people have an IQ of 100 (and let's for the moment assume that the IQ is an accurate measure of intelligence, and that averaging over it makes sense). The only exception is one person whose IQ is 90. Then all but one have an intelligence above average.

      (And if you now complain that the IQ has to be normalized to an average of 100, make the "normal" IQ equal to (100*n-90)/(n-1), where n is the total number of people.)
      --
      The Tao of math: The numbers you can count are not the real numbers.
    20. Re:A curse I've had to live with . . . by reboot246 · · Score: 1

      No big deal. It's just slashdot, not real life. Forget it.

    21. Re:A curse I've had to live with . . . by reboot246 · · Score: 1

      No, just wrong on either one or the other

      If that's what you want to believe, so be it. I don't try to change beliefs.

    22. Re:A curse I've had to live with . . . by Bwian_of_Nazareth · · Score: 1

      the majority claim they're more intelligent than the average person - which simply can't be true. Well... vast majority of people have more than average number of fingers.
      It all comes down to your definition of "average". But it is perfectly possible for majority of people to be more inteligent than average - if by average you take something like "mean".
    23. Re:A curse I've had to live with . . . by tomhudson · · Score: 1

      IQ is distributed on a bell curve. Your "assumption" makes no sense in the real world. Also, how likely is it to find a bunch of people all with exactly the same IQ, except for 1? I would question the intelligence of anyone who put any confidence in such a cherry-picked sample (sorry - couldn't resist - you know I'm just pulling your leg, right ;-0)

    24. Re:A curse I've had to live with . . . by Anonymous Coward · · Score: 0

      Three people, intelligence: 110, 110, 80.

      Average (mean) intelligence: 100.

      Two-thirds are indeed more intelligent than the "average".

      Same could be true of a real population.

      Grandparent also makes a good point about measures of intelligence being very subjective anyway.

      You, however, are an arrogant asshole. Good thing you are smart. **snort**

    25. Re:A curse I've had to live with . . . by corbettw · · Score: 1

      No, he's suggesting that God created Americans, but Canadians are nothing more than evolved monkeys. So obviously, we have every right, nay, a duty, to rule over the talking monkeys of the world. Because God made us.

      Guy sounds like a racist to me, but maybe I'm reading too much into it.

      --
      God invented whiskey so the Irish would not rule the world.
    26. Re:A curse I've had to live with . . . by maxwell+demon · · Score: 1

      When drawing a large, but finite sample (and you won't deny that there are only finitely many people, will you?) from any non-trivial symmetric random distribution, the probability that the average of the sample is exactly its median is negligible, and it will be with equal probability at both sides. So assuming that the probability of having an above average IQ is as large as the probability of having a below average IQ, there is indeed a 50% chance that more than 50% of all people (that is, the majority) has an intelligence above average.

      You see, your bell-curve argument doesn't save you from the wrongness of your assertion.

      --
      The Tao of math: The numbers you can count are not the real numbers.
    27. Re:A curse I've had to live with . . . by tomhudson · · Score: 1

      Average intelligence is not a knife-point edge. Average is defined as an IQ of between 80 to 120 (with half at 100), so the majority of people ARE either average or below average, despite the average person self-evaluating as being above-average in intelligence.

    28. Re:A curse I've had to live with . . . by maxwell+demon · · Score: 1

      Is that really so? The only definition of average I know of is the quotient of the sum of values and their count. Which certainly is a number, not an interval (unless you're using interval arithmetics, of course :-)).

      --
      The Tao of math: The numbers you can count are not the real numbers.
    29. Re:A curse I've had to live with . . . by tomhudson · · Score: 1

      IQ is not a specific fixed number that doesn't change depending on test methods, environment, etc. That's why average is defined as 80 to 120 points.

      Just as you have to use the right tools for the job, you also have to use the right terms. Like I said, most people think they're smarter than the average person, and they're not. They're average.

  5. Desperate Twinkies by milsoRgen · · Score: 2, Interesting

    The old Twinkie Defense upgraded for the year 2000.

    --
    I'm sick of following my dreams. I'm just going to ask where they're goin' and hook up with 'em later.
    1. Re:Desperate Twinkies by milsoRgen · · Score: 3, Interesting

      Also why is he constantly referred to as a genius?

      i.e. "an exceptional natural capacity of intellect, especially as shown in creative and original work in science, art, music, etc."

      Granted I couldn't design and implement my own file system, but I hardly think that deserves the label 'genius'.

      --
      I'm sick of following my dreams. I'm just going to ask where they're goin' and hook up with 'em later.
    2. Re:Desperate Twinkies by Omnifarious · · Score: 5, Insightful

      It's not the Twinkie Defense. Hans is claiming he didn't murder her, not that some bizarre psychological condition associated with being a geek should mitigate his action in some way. The psychological aspect is used only to explain why he acted so strangely and why those strange actions are not indicative of guilt. Basically, it didn't even occur to him that those actions might be seen as acting guilty.

      From what I can tell, the prosecution has absolutely not proven Hans' guilt beyond the shadow of a doubt. They have not met the standard of proof required for a criminal conviction. All they have is some fairly flimsy circumstantial evidence.

      But that's a separate question from whether or not I think he's guilty. And given the available evidence I can't decide either way. This case just is too bizarre. I can actually believe that Nina has managed to escape back to Russia and finagled the courts through the rest of her family into letting her children go back too. But I can also believe that Hans murdered her. Both scenarios fit the available evidence.

    3. Re:Desperate Twinkies by milsoRgen · · Score: 1

      Of course it's not THE twinkie defense but it's just another spin on it, he has these bizarre psychological conditions preventing him from realizing his behavior is highly questionable. And the only reason I bring it up, is because this seems like a defense of desperation, much like claiming twinkies and coca cola turned Dan White into a murderer.

      --
      I'm sick of following my dreams. I'm just going to ask where they're goin' and hook up with 'em later.
    4. Re:Desperate Twinkies by erlehmann · · Score: 2, Insightful

      Both scenarios fit the available evidence.
      In dubio, pro reo.
    5. Re:Desperate Twinkies by Anonymous Coward · · Score: 1, Informative

      He designed and implemented on his own what normally takes many groups of people years to create. And his filesystem is (or at least was) competitive with the best in the field. There is little doubt he is (or was) a genius. Whether he committed murder is another question.

    6. Re:Desperate Twinkies by tverbeek · · Score: 2, Insightful

      Try reading the article you linked to.

      White's lawyers didn't claim that the Twinkies made him do it. They claimed that the Twinkies were proof that White (ordinarily a healthy eater) had gone off the tracks.

      --
      http://alternatives.rzero.com/
    7. Re:Desperate Twinkies by Anonymous Coward · · Score: 4, Funny

      I'm no genious

      Yeah, no shit.

    8. Re:Desperate Twinkies by Anonymous Coward · · Score: 0

      and I'm no genious.
      but he's also very, very stupid from the stories I here.

      Speaking as a reformed spelling/irony nazi, I just suffered a massive case of the shakes.

      Thanks for pushing me off the wagon.

    9. Re:Desperate Twinkies by milsoRgen · · Score: 1

      As an incidental note, Blinder mentioned theories that elements of diet could worsen existing mood swings.

      Obviously not the corner stone of the case defense presented, but the effects of eating junk food were mentioned.

      --
      I'm sick of following my dreams. I'm just going to ask where they're goin' and hook up with 'em later.
    10. Re:Desperate Twinkies by hardburn · · Score: 1

      But that's a separate question from whether or not I think he's guilty. And given the available evidence I can't decide either way. This case just is too bizarre.

      No kidding. No matter if he's declared guilty or not, Reiser has a severe case of weird to work out of his life.

      I have no idea if he's guilty or not, but I'm pretty sure that the prosecution can't give enough evidence to prove guilt beyond a reasonable doubt. Note that there's a difference between being declared not guilty in a court of law and actually being not guilty.

      --
      Not a typewriter
    11. Re:Desperate Twinkies by LiENUS · · Score: 1

      I *could* design an implement my own filesystem Put your money where your mouth is then. Designing a file system is harder than it looks. Particularly if you want to make it something actually worthwhile to use.
    12. Re:Desperate Twinkies by hackstraw · · Score: 1

      It's not the Twinkie Defense. Hans is claiming he didn't murder her, not that some bizarre psychological condition associated with being a geek should mitigate his action in some way. The psychological aspect is used only to explain why he acted so strangely and why those strange actions are not indicative of guilt. Basically, it didn't even occur to him that those actions might be seen as acting guilty.

      From what I can tell, the prosecution has absolutely not proven Hans' guilt beyond the shadow of a doubt. They have not met the standard of proof required for a criminal conviction.


      IANAL, and I don't know too much about this case, but from what I know:

      1) In a murder case like this one, odds are someone close to the victim is suspected and odds are someone close to the victim did it.

      2) There is no real hard evidence in this case. There is no body or witnesses. There is no physical evidence pointing to the fact that Hans murdered anybody.

      3) There is no clear motive for Hans to of killed his wife.

      4) There is strange stuff like his car seat missing, extra clean stuff, a book on murdering someone, and other crap like this.

      The defense is silently ignoring #1. Because most interstate illicit drug traffickers are white males looking "normal" with possibly out of states tags, does not make much for the prosecutors in court. The police to get the arrest/search or whatever, but this is not evidence.

      #2 is purely the prosecution's burden. If there isn't any, well the defense can just rest its case and wait for the not guilty verdict.

      #3 same as #2

      #4 With the lack of #2 and #3, we can all agree that Hans is a strange geek where having books about murder, removing seats of cars, and any other strange thing can be witnessed by any weird geek caught at any given moment (similar to #1).

      To me, my intuition says that he killed her. But I have yet to of heard anything sufficient as evidence of guilt in a trial, and honestly, I think it was either premature or wrong for the trial to of even gone this far.

      I hope I didn't have any facts incorrect here. If so, mod me as -10 wrong.

    13. Re:Desperate Twinkies by techno-vampire · · Score: 1
      From what I can tell, the prosecution has absolutely not proven Hans' guilt beyond the shadow of a doubt.


      So what? They don't have to. The standard is not "beyond the shadow of a doubt," it's "beyond a reasonable doubt and to a moral certainty." Unless he confesses or there's an eyewitness that can testify to seeing him do it there will always be "a shadow of a doubt." However, unless that doubt is reasonable, they must convict. And, as far as the circumstantial evidence being flimsy, I've been on a jury (in a civil case as it happens) where much of the evidence was circumstantial. Part of the judges instructions were that we must give that evidence exactly as much credence as we would direct evidence. No more, no less.

      --
      Good, inexpensive web hosting
    14. Re:Desperate Twinkies by Captain+Nitpick · · Score: 2, Informative

      From what I can tell, the prosecution has absolutely not proven Hans' guilt beyond the shadow of a doubt. They have not met the standard of proof required for a criminal conviction.

      The standard of proof in a criminal case is 'beyond a reasonable doubt'. This is far less than 'beyond a shadow of a doubt'.

      --
      But then again, I could be wrong.
    15. Re:Desperate Twinkies by cuantar · · Score: 2, Insightful

      Actually, the jury need not necessarily vote one way or the other. Even if there is no shadow of a doubt that Reiser committed the crime, the jury is still well within their rights to give a not guilty verdict. Perhaps in the case of murder, jury nullification is the wrong thing to do, but it's still very much an option. The jury is not bound to support the law.

      --
      Legalize it.
    16. Re:Desperate Twinkies by BiggerIsBetter · · Score: 5, Insightful

      You forgot to mention the other guy, Sean Sturgeon, who was also close to the victim. The dude who has confessed to killing 8 (yes, eight) people, and was dating Nina (Hans' wife). IMHO, it's more likely that Hans was reading up on how to kill Sean (or even how to avoid being killed by Sean) than how to kill Nina.

      --
      Forget thrust, drag, lift and weight. Airplanes fly because of money.
    17. Re:Desperate Twinkies by wilx · · Score: 1

      ...Note that there's a difference between being declared not guilty in a court of law and actually being not guilty.

      What is the difference to anybody who is not Hans Reiser?
    18. Re:Desperate Twinkies by tomhudson · · Score: 4, Insightful

      "There is no clear motive for Hans to of killed his wife."

      There are motives aplenty:

      1. She cleaned out his bank account
      2. She got custody of the kids
      3. She was sleeping with someone else
      4. She had called an end to their marriage
      5. She had gone out and gotten herself a job where she specified she was now single

      People have killed their former spouses over much less. There's plenty of motive.

    19. Re:Desperate Twinkies by jbengt · · Score: 1

      Well, for one thing, according to TFA, "Reiser was accepted at the University of California at Berkeley at age 14".

    20. Re:Desperate Twinkies by Plutonite · · Score: 1

      There is no engineering task in the world that is impossible given time and resources, and very few that are "hard", although some people tend to design things faster than others. Science on the other hand, is very hard. The more imagination is required, the more the real difficulty shines through. You have to have some degree of imagination to come up with a filesystem that works well, but like you said it is not rocket surgery.

    21. Re:Desperate Twinkies by apraetor · · Score: 0, Redundant

      they don't need to prove his guilt beyond a shadow of a doubt. The standard is "beyond a reasonable doubt."

    22. Re:Desperate Twinkies by milsoRgen · · Score: 1

      Well, for one thing, according to TFA, "Reiser was accepted at the University of California at Berkeley at age 14". That doesn't necessarily mean he has an IQ of 140 or higher.
      --
      I'm sick of following my dreams. I'm just going to ask where they're goin' and hook up with 'em later.
    23. Re:Desperate Twinkies by LaskoVortex · · Score: 4, Insightful

      because this seems like a defense of desperation

      A defense of desparation is no worse than a prosecution of desparation. From what I understand of the article, the prosecution has (1) no dead body (2) no murder weapon (3) no suspects outside of "the usual supects" and (4) no evidence outside of peculiar behavior. So, if your evidence of a crime you can't prove even ever happened is peculiar behavior of a suspect for the hypothetical crime, don't feel short changed when the defence turns out to be the defending of said peculiar behavior.

      --
      Just callin' it like I see it.
    24. Re:Desperate Twinkies by devman · · Score: 1

      "From what I can tell, the prosecution has absolutely not proven Hans' guilt beyond the shadow of a doubt."

      There is a difference between "beyond all doubt" or shadow of a doubt as you put it and "beyond a reasonable doubt".

      If a jury had to be sure beyond ALL doubt then a prosecutor couldn't win a case based on circumstantial evidence regardless of how improbable any other explanation is.

    25. Re:Desperate Twinkies by hardburn · · Score: 1

      Anybody who might be affected by the system of justice now or in the future.

      --
      Not a typewriter
    26. Re:Desperate Twinkies by Artifakt · · Score: 1

      There are some "maybe" motives, but the parent poster used the modifier "clear". A clear motive means there is more than just a general sense that some other accused has had that motive before and it might fit this time too. Otherwise, we could argue that anyone who was "wronged" in some sense, took out insurance, or had quirky behaviors must "clearly" be guilty, because some people have clearly had motivations such as revenge, money, or insanity before.
            But, the kind of people who clean out other people's bank accounts are also often the kind who split and hide out afterwards. The kind of people who are sleeping with someone else are often the kind who just run off to be with that somebody else, and so on. In fact, there's probably more cases of an adulteress running away with the boyfriend than her being murdered by a jealous husband, and I would not be surprised if its at least a full order of magnitude more probable (There are so many more relationships that break up with both parties alive than end in murder. Murder is actually so rare, that if a mere 2 or 3 % of cheating spouses slip off instead of waiting for a legal divorce, that outcome would be vastly more likely).
              It's even half way reasonable to argue that the kind of people who routinely lie to a new employer about their marital status may have other lies and schemes in their past. (I wouldn't bet that most people who fudge a resume would commit a serious fraud, but there's certainly some overlap there) Roughly half your motives fit her doing something illegal as much or more than him. We could also make up a similar list for her. Add the ones you gave that fit her to these, and we're up to five for her too.

      "Clear" motives for Nina to commit a fraud:

      1. Mail order bride whose real goal might have been to get out of Russia by any means necessary.
      2. Willing to enter into a loveless, arranged marriage for financial advantages. ...

      --
      Who is John Cabal?
    27. Re:Desperate Twinkies by Wrath0fb0b · · Score: 1

      In most states, the jury swears an oath to uphold the law. I don't know if that oath means anything to you, but to me it was an important reminder that the trial is not about the jury or what they believe but about our duty to the law. If you believe so strongly that your conception of justice is more legitimate than the laws passed by legislature that you cannot take that oath in good faith then you should not sit on a jury.

      Of course, the jury will always have the defacto power to nullify as there is no double-jeopardy and courts are generally unwilling to go into jury motivation. It just saddens me that we can have intelligent people encouraging people to swear a false oath in order to somehow produce a more just result.

    28. Re:Desperate Twinkies by ralphdaugherty · · Score: 1

      3) There is no clear motive for Hans to of killed his wife.

            As with most cases where women disappear, money is the driving motive.

            Nina was scheduling a bankruptcy for herself, and Hans was in even worse shape based on what he owed Nina from court judgements.

        rd

    29. Re:Desperate Twinkies by Sinkael · · Score: 1

      Calm down Bill, Mr. Balmer is waiting for you in the lounge.

    30. Re:Desperate Twinkies by tomhudson · · Score: 3, Informative

      She had taken a job interview, was accepted for the job (after negotiating an extra few grand because she was now going to be a single mother - you don't bother negotiating if all you're doing is setting up a story line), etc. http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2008/02/07/BAOFUTA27.DTL

      (02-06) 12:48 PST OAKLAND --

      Two days before she disappeared, Nina Reiser accepted a $50,000-a-year job with the San Francisco Department of Public Health to help Russian immigrants, the woman who hired her testified Wednesday.

      Prosecutors hope Patricia Erwin's testimony will help persuade the jury in the murder trial of Reiser's estranged husband, Hans Reiser, that the missing woman didn't vanish voluntarily - a theory the defense has advanced.

      Nina Reiser eagerly discussed the job, to help fellow Russian immigrants with their health concerns, during two interviews in August 2006 and accepted it Sept. 1, 2006, said Erwin, a project manager for the Public Health Department. Reiser was last seen two days after that, and never showed up for work at the San Francisco agency.

      "She was very outgoing, friendly," Erwin said in Alameda County Superior Court. "She was easy to connect with. She seemed down-to-earth, and she also seemed very committed to working with us."

      Echoing an opinion voiced by other witnesses at the trial, Erwin said the mother of two, then 31 years old, didn't seem to be the kind of person who would abandon her children. "My impression was they were a major part of her life," she said.

      Prosecutors say Hans Reiser killed his wife after she dropped off their children at his Oakland hills home Sept. 3, 2006. Her body hasn't been found. The 44-year-old defendant has pleaded not guilty, and his attorneys have suggested that Nina Reiser is alive and hiding in Russia.

      Also Wednesday, Richard Wilson of the TransUnion credit bureau testified that Hans Reiser was $90,000 in debt as of late last month. The figure includes $29,000 in unpaid child support, he said. Nina Reiser was about $30,000 in debt, Wilson said.

      Other witnesses have testified that Hans Reiser complained that his wife was a financial burden to him.

      In other testimony, Michael Caniglia, an employee of AT&T Mobility, said Hans Reiser's cell phone was dormant between Sept. 1 and Sept. 5, 2006, when his voice mail was checked at 5:02 p.m.

      At 5:04 p.m. that day, an eight-second call was made on his cell phone to Nina Reiser's cell phone, the phone records showed.

      Caniglia said Hans Reiser's cell phone received several incoming phone calls in the days after his wife disappeared. But the phone was either out of range, turned off or had its battery removed, he said.

      Caniglia testified that the location of cell phones can be determined if they are on - even when no calls are being made - but not if they are turned off or the batteries are removed.

      Prosecutor Paul Hora has told jurors that Hans Reiser's cell phone's battery was detached when police detained him several weeks after his wife disappeared and that her cell phone's battery was detached when police found the phone in her abandoned car.

      Also, Nina wasn't a "mail-order bride".

      http://blog.wired.com/27bstroke6/2008/02/hans-reiser-m-3.html

      he 44-year-old popular Linux programmer has pleaded not guilty, claiming his wife abandoned their children, now 6 and 8, and left Oakland for Russia, where the couple met in 1998 while Hans Reiser was overseas developing software.

      So let's recap:

      1. Hans owed Nina $$$ - $29k at that point. Nina was about $30k in debt - which balances pretty much with the $29k Hans owed her in child support.
      2. Nina had no need to leave the country - she had a job, custody of the kids, if
    31. Re:Desperate Twinkies by ralphdaugherty · · Score: 1

      You forgot to mention the other guy, Sean Sturgeon, who was also close to the victim. The dude who has confessed to killing 8 (yes, eight) people, and was dating Nina (Hans' wife). IMHO, it's more likely that Hans was reading up on how to kill Sean (or even how to avoid being killed by Sean) than how to kill Nina.

            A couple of clarifications. The books were bought after Nina disappeared, and the defense is that Reiser was researching police murder investigation tactics because he felt he was under investigation. (I don't know, doesn't this sort of belie the "he's so brilliant he doesn't know what going on around him" thing.)

            The other is Sturgeon was close to the victim, but had also been Reiser's best friend. However, as part of a falling out that included Reiser suspecting him and Nina of having an affair, they exchanged some nastiness that went as far as lawsuits. The things that Reiser says in them about Sturgeon were the most bizarre up until Sturgeon claimed to have killed eight people in the past, so Sturgeon one upped hiom there.

            As the WaPo article says today, it's unclear if the claim is true as Sturgeon still remains free. There's been no further mention of his claims anywhere.

        rd

    32. Re:Desperate Twinkies by thirty-seven · · Score: 1
      From Barron's Canadian Law Dictionary's entry on circumstantial evidence:

      ... in a criminal case based on circumstantial evidence the circumstances must be consistent with the conclusion that the act was committed by the acused and inconsistent with any other rational conclusion.
      (Emphasis mine.)
      --

      Atheism is a religion to the same extent that not collecting stamps is a hobby.

    33. Re:Desperate Twinkies by sxtxixtxcxh · · Score: 0

      Given that IQ is calculated as (Mental Age/Chronological Age)*100 and
      Given that most college freshmen start college at a mental age of 18 (I know... bear with me...)
      His IQ could be estimated at LEAST 128.

      If he started college with a mental age of a sophomore, his IQ (at 14) would be calculated about 142. Is that such a stretch?

      --
      for a minute there, i lost myself...
    34. Re:Desperate Twinkies by Ozan · · Score: 5, Funny
      No, I would think more of an inverted Chewbacca defense:

      William Du Bois

      Ladies and gentlemen of this supposed jury, the district attorney would certainly want you to believe that my client killed his wife. And they make a good case. Hell, even I almost think it was him! But, ladies and gentlemen of this supposed jury, I have one final thing I want you to consider. Ladies and gentlemen, this is Alan Turing. Turing was a Mathematician from England. He came up with what is now called a Turing Machine. Now think about it: that does make perfect sense! Paul Hora

      Damn it! He's using the Turing Defense! William Du Bois

      Now why would Alan Turing, a Mathematician from England would invent something like a Turing Machine? Because it helps to show that some problems are never solvable by computing. Does that make any sense? Yes it does.
      Imagine a Turing Machine and a set of instructions. Can anybody tell, if the machine, running those instructions will ever stop? And more important: can we program a Turing Machine, so that it decides whether a set of instructions would cause a Turing Machine to halt eventually? But more important, you have to ask yourself: What does this have to do with this case? Everything. Ladies and gentlemen, this case completedly depends on it! It does make a lot of sense! Look at me. I'm a lawyer defending a software engineer, and I'm talkin' about Alan Turing!
      Now how can it be, that this halting problem is undecideable? Because, if we hypotheticaly have a Turing Machine that solves the halting problem, we could use it to construct another Turing Machine that does not halt when it should, and thus, when given to itself to test for halting, would contradict its own behavior!
      Does that make sense? Ladies and gentlemen, I am making perfect sense! And so you have to remember, when you're in that jury room deliberatin' and conjugatin' the verdict, do you know wheter you will ever stop deliberatin'? No! Ladies and gentlemen of this supposed jury, you will never know! If the jury doesn't halt, you must acquit! The defense rests!
    35. Re:Desperate Twinkies by techno-vampire · · Score: 1
      Of course, and that's just as true here, South of the Border. However, that's the same for direct evidence as well, and that's my point.


      Defense lawyers like to compare circumstantial evidence to a chain; break one link and it falls apart. I once read a book where the prosecutor likened it to a cable: if one strand breaks, there are lots of others. The only real problem, as I (IANAL) see it is that because it's indirect, you need more of it to eliminate reasonable doubt.

      --
      Good, inexpensive web hosting
    36. Re:Desperate Twinkies by techno-vampire · · Score: 1
      courts are generally unwilling to go into jury motivation.


      It's not that appeals courts are unwilling to examine the jury's motives, it's that they can't. An appeal can only be based on questions of law or court procedure; the jury is the final arbiter on questions of fact. One of the reasons is that the appeals judges don't see the witnesses, don't hear the testimony, they only have written transcripts. They can't judge their credibility in the same way as the jury can. That's why juries can get away with nullification, and that's why courts hate it so much that the defense is forbidden to mention the possibility to the jury.

      --
      Good, inexpensive web hosting
    37. Re:Desperate Twinkies by Omnifarious · · Score: 1

      All of what both of you are saying is complete conjecture. Nobody knows. It seems like you're both just trying to use facts and conjecture to back up an decision you've already made. I don't think it's at all clear that there is evidence that Hans murdered his wife.

    38. Re:Desperate Twinkies by DavidTC · · Score: 3, Informative

      I believe Hans actually purchased those books after the police started questioning him about his ex-wife's disappearance. In other words, if he's innocent, he was either a) trying to figure out what happened to her, or b) trying to figure out why the police thought he did it. (If he's guilty, he's trying to figure out if he missed anything.)

      Looking up how a murder investigation works, once you become a suspect in it, is exactly the sort of behavior you'd expect from a geek. It would be my first impulse, too, except I wouldn't be stupid enough to purchase books and leave them laying around. He purchased them 'surreptitiously', whatever that means, I'd actually go past that and not purchase them at all, just reading them in the library and bookstore.

      As for removing parts of a car: My car has all its seats, although I have ripped out the center console and rigged up an electrical switching system in the glove compartment running to the rear of the car. Geeks do weird things with cars, maybe he's just absurdly gas-conscious. (Someone above asked why he didn't rip out the backseat too...he has two kids, he needs a backseat.) I once considered using the fold-down backseats in my car to make a bed extending into the truck. I have at least two 'secret' compartments in my car that are simply parts of the interior not attached firmly that I can pull off and get into easily. I sometimes remove the inside of the gearshift so people can't steal my car, at least not until they figure out why the hell they can't shift into drive and find something to push the thing down.

      Geeks do weird things to other stuff too, I used a TV for six years that wouldn't turn off, I had to flip a power strip. I've ripped out tape-deck guts from a boom box because they didn't work and it was lighter without them. Once I was in someone's house when they made a casual remark about wishing their fridge door opened the other way, and I pointed out that the door actually could come off and be reattached to the other side with a little bit of work, although they'd have to patch holes where sheet metal had been punched. It had never occurred to them to even look, whereas I already knew that factories weren't going to make two sets of parts so it was likely that everything was the same and it was just put together different. I then realized to most people, a fridge, and everything else you buy, are a single entity that just exists...you don't try to change it unless it's obviously designed for changing. You can change the faceplate of your cellphone, but you don't peel the CPU stickers off your laptop, or put tape over the idiotic bright blue lights, and you certainly don't open it up and remove them.

      Now, I haven't done anything that I would consider suspicious, but there are certain things about what I do and have that I would have a hard time explaining to to the courts if it turned out one of them were suspicious. Us geeks and nerds are much more likely to actually understand how things work, and are willing to change them if that would suit us better, things that normal human beings would not consider changing. Or perhaps a better term to refer to us is 'hackers'.

      Incidentally, killing someone in your car, or killing them somewhere and transporting them in such a way that they bleed on your car's front seat, is incredibly stupid and and incredibly easy to avoid. Hans actually sounds like a smart guy, so I'm having trouble connecting 'Oh, I'll carry this bloody corpse in my car's front seat' with him.

      OTOH, the fact there were blood spatters doesn't look good for them, as does the fact he can't produce the seat. (Whereas I can, even now, produce the center console of my car complete with broken tape deck.)

      --
      If corporations are people, aren't stockholders guilty of slavery?
    39. Re:Desperate Twinkies by tomhudson · · Score: 3, Interesting

      You're wrong about the "nobody knows" part. Hans Reiser knows, one way or the other.

      Unfortunately, we don't have mind-readers yet, so all we can do is look at the evidence and make a decision.

      The government is making the case that Reiser killed his wife. The defense is making the case that Reiser didn't. The jury's job is to deide what the facts are, based on that evidence. In other words, is there a reasonable doubt that Reiser killed his wife? Not "a certainty".

      I hadn't really been following the case, but the more I look at it today, the more it looks to me like a reasonable person would conclude that Reiser is guilty beyond a reasonable doubt. He had means, motive, and opportunity. The explanations offered for his actions are patronizing, to say the least. Taken as a whole, his story gets less credible as time goes on, and the "geek defense" or "tortured genius" act is lame.

      His story also fails Occam's razor, big-time. The simplest explanation that fits all the facts is that he did kill her. His explanation doesn't fit all the facts, and it rings false. More and more, it sounds like someone with too big an ego, who is in the process of losing everything, and finally throws caution and civility to the winds.

    40. Re:Desperate Twinkies by Anonymous Coward · · Score: 0

      or run my business into the ground while my Russian wife stole money because I was stupid enough to let her handle the finances Me neither. I'd definitely shoot the bitch if she did though.
    41. Re:Desperate Twinkies by Plutonite · · Score: 3, Interesting

      I hope you were joking with reference to "IQ" being in any way important. Please read on Richard Feymann and what he got for a score.

    42. Re:Desperate Twinkies by Omnifarious · · Score: 1

      Yes, but Hans didn't stand to be in any better shape if Nina was murdered.

    43. Re:Desperate Twinkies by TapeCutter · · Score: 3, Insightful

      "Put your money where your mouth is then. Designing a file system is harder than it looks"

      Get over yourself. Anyone with a half decent CS degree and a few years of systems programming under their belt can/has designed and implemented file sytems, memory managers, job schedulers, etc. We know it's hard to improve on what exists because we know about what exists. That is why the OP said 'I could write a file system' rather than 'I will write a better filesystem'.

      --
      And did you exchange a walk on part in the war for a lead role in a cage? - Pink Floyd.
    44. Re:Desperate Twinkies by rohan972 · · Score: 1

      If you believe so strongly that your conception of justice is more legitimate than the laws passed by legislature that you cannot take that oath in good faith then you should not sit on a jury.

      In principle I agree with you. I haven't been on a jury, so I haven't been faced with such a dilemma. What happens though, when the legislature ingore their oath to uphold the constitution? Or in matters where the legislature has been corrupted? Not really relevant to a murder trial. As an example, I don't think I'd be willing to give someone a criminal conviction for breaking encryption to store a legally purchased movie on their hard drive. The question would be do I get out of jury duty so someone else can give them a criminal conviction, or do I go on the jury and attempt to get them acquited?

      I'm not at all keen on breaking my word, but I'm sure that opting out and letting other people to the wrong is a morally superior option.

    45. Re:Desperate Twinkies by MikeBabcock · · Score: 1

      Many people will have noticed by now that those who believe they can do things are usually the same people who cannot in fact do those things.

      "I can write an uncrackable encryption system", "I can write the ultimate compression algorithm" and other statements of their ilk show up around here frequently enough to make me nauseous.

      Making a good, fast, efficient filesystem is hard enough without also making it competitive and stable.

      --
      - Michael T. Babcock (Yes, I blog)
    46. Re:Desperate Twinkies by Anonymous Coward · · Score: 0

      I agree with this. I *could* design and implement my own filesystem if I thought that it was really profitable; and I'm no genius. But I also wouldn't have gone to Russia for a mail-order type bride and let her get her citizenship after having some kids, or run my business into the ground while my Russian wife stole money because I was stupid enough to let her handle the finances without double checking things myself. Sure they guy is smart, but he's also very, very stupid from the stories I hear.

      You're right, you're no genius.

    47. Re:Desperate Twinkies by ralphdaugherty · · Score: 1

      Yes, but Hans didn't stand to be in any better shape if Nina was murdered.

            He'd be $30,000 or so better off from what he owed her, plus collecting any life insurance on her since their divorce wasn't final, plus no more child support or alimony.

            Many missing women disappear just before a divorce is final, or a child is born, or something else which the ex can relieve financial pain or gain substantially by making her disappear.

        rd

    48. Re:Desperate Twinkies by whitehatlurker · · Score: 1

      3) There is no clear motive for Hans to of killed his wife.

      And what motive did you have to kill the English language?

      M'lord, I intend to prove that the defendant was too smart to have written the above passage on his own, and his computer wrote it using speach too text zoffwere. Than Queue.

      --
      .. paranoid crackpot leftover from the days of Amiga.
    49. Re:Desperate Twinkies by Anonymous Coward · · Score: 0

      In the US, civil cases only require a "preponderance of evidence" which is a much lower standard than "beyond reasonable doubt" for criminal cases.

    50. Re:Desperate Twinkies by jdigriz · · Score: 1

      Genius in common parlance means a person who has scored above a certain IQ number. I've seen 140 quoted frequently. It's also used colloquially to refer to anybody who actually understands how a computer works, as opposed to someone who has consumer-grade computer skills in word processing and web surfing.

    51. Re:Desperate Twinkies by vmcto · · Score: 1

      Here in the US it's "beyond a reasonable doubt" NOT "beyond a shadow of a doubt".

      Nice to see you've been brainwashed by TV and movies.

    52. Re:Desperate Twinkies by ucblockhead · · Score: 3, Interesting

      If you are in the jury pool for a trial involving the "crime" of breaking encryption, you will almost certainly be asked, under oath, if you believe such a thing should be considered a crime. If you say "no", there is no way in hell you will end up serving on the jury. If you lie to get on the jury, you will have committed perjury. If you refuse to vote for conviction based on your belief, your perjury will be obvious and it will almost certainly cause a mistrial. The person will almost certainly face another trial and you will be facing charges. That helps nobody.

      If I were in such a situation, I would merely announce my reasons why I think such a "crime" is complete bullshit when asked, knowing that those who will eventually serve on the jury are all within earshot, and then happily go home when I am booted, knowing that I've broken no laws and done the best that I could.

      --
      The cake is a pie
    53. Re:Desperate Twinkies by cyphercell · · Score: 1

      "rocket surgery"

      I've never heard of it before, but I can only assume that it's as physically demanding as it is mentally : )

      --
      Under the influence of Post-Cyberpunk Gonzo Journalism
    54. Re:Desperate Twinkies by Anonymous Coward · · Score: 0
      It's important to note Hans was pulled over for speeding a short while after Nina disappeared. The officer testified in court that the seat was in his car at the time. Also, there was a brand new socket set in his car. When Hans was arrested, the socket on the wrench fit the bolts for the seat. So the seat was removed shortly before he was arrested. The claim that he was living in his car doesn't seem plausible to me given that he owned a home at the time. Also add to that the floorboards in his car were sopping wet. The implication is that he was disposing of evidence.

      Perhaps he removed the seat so he could lay Nina's body down in the car while he drove someplace to dispose of it. Perhaps he first tried placing the body in the seat before deciding that wouldn't work. Which of course means he had to dispose of the seat as well.

    55. Re:Desperate Twinkies by Plutonite · · Score: 1

      From "rocket science" and "brain "surgery". Welcome to the new age of outspoken internet badassedness.

    56. Re:Desperate Twinkies by techno-vampire · · Score: 1

      I'm very well aware of that, TYVM. However, the statutory judge's instructions for circumstantial evidence are the same for criminal and civil cases.

      --
      Good, inexpensive web hosting
    57. Re:Desperate Twinkies by that+this+is+not+und · · Score: 1

      At the Apple Store the term is used to describe employees who are smarter about computers than the rest of the employees.

      I know, I know....

    58. Re:Desperate Twinkies by bliz1985 · · Score: 1

      That would have implications on whether he is (or was) an evil genius.

    59. Re:Desperate Twinkies by Jah-Wren+Ryel · · Score: 1

      In most states, the jury swears an oath to uphold the law. Whose law? There are plenty of laws on the books that are contradictory. I think the lawyers like it that way, it helps keep them employed.
      --
      When information is power, privacy is freedom.
    60. Re:Desperate Twinkies by Antique+Geekmeister · · Score: 1

      What would be more effective in disrupting a bad law? Your up-front refusal, which can be and will be ignored by the judge as an instrument of policy, or someone letting them spend their time and work on setting up a trial and screwing it up by refusing to convict because the law is bad? Better yet, someone willing to stand up and say it during and after the trial?

    61. Re:Desperate Twinkies by dbIII · · Score: 1
      He got into University at a very young age and acheived some impressive things - that is why he is constantly referred to as a genius.

      The creative writing he used to describe how his filesystem works in some articles may have been really annoying to people like me that just wanted a short technical description (and not a side trip into the analogies) but it also showed ability there as well.

    62. Re:Desperate Twinkies by Omnifarious · · Score: 1

      Nice to see you've been brainwashed by TV and movies.

      Nice to see that you can find a nasty way to make a correction that at least 4 other people have made before you. It always warms my heart to see someone who likes to make themselves look big by trashing others in ways that are both ugly and redundant.

    63. Re:Desperate Twinkies by rohan972 · · Score: 1

      If you lie to get on the jury, you will have committed perjury. ... The person will almost certainly face another trial and you will be facing charges.
      Since juries are not punished for their verdicts as far as I am aware, an accusation of perjury would have no legal weight. If I'm wrong, and juries can be punished, I'd be interested if you could provide a reference to this actually happening. Even if it has never been enforced but it's on the law books somewhere, it is worth knowing.

      These links regarding Australia:
      History and Importance of Trial by Jury in a Democratic Society
      Lord Devlin observed that each jury 'is a little parliament'.
      Juries, because they do not give reasons for their decisions, can bring the conscience of the community to bear on issues in a trial in a way that a judge cannot do.


      http://en.wikipedia.org/wiki/Eureka_Stockade#Trials_for_Sedition_and_High_Treason
      13 men caught in armed rebellion were acquitted by the juries, leading to significant legal reform.

      indicate that here, jury nullification is considered to be an important part of the jury system.

      Perhaps in the USA it is different, but the wikipedia page on jury nullification indicates that there is still debate about it. "Others view the requirement that jurors take an oath to be unlawful while still others view the oath's reference to "deliverance" to require nullification of unjust law"
    64. Re:Desperate Twinkies by vidarh · · Score: 1

      In Hans case, if you follow the court reporting (Wired has excellent coverage), his behavior even in court is so bizarre and counter-productive that I could easily believe he didn't realize how buying the books etc. would look. Of course, he could be acting, but if he thinks looking like a madman to the jury will help his defense it would seem he's twisted enough not to need to act. He comes with frequent outbursts, seems to regularly ask to or threaten to fire his attorney (the judge has told him he won't allow it), and generally seems to behave like someone with absolutely no understanding of how to come across like a likable, normal person.

    65. Re:Desperate Twinkies by turgid · · Score: 1

      You have a lot to learn about human relationships.

    66. Re:Desperate Twinkies by vidarh · · Score: 1
      Having means, motive and opportunity makes a suspect, it does not make someone guilty. Most people have the means, motive and opportunity to kills lots of people. When one of them turns up dead, you'll regularly find people with the means, motive and opportunity that can't come up with a good alibi and that will have additional factors pointing at them, yet that will be innocent.

      Occams razor is also irrelevant. Any person trying to apply it to a criminal case really should be thrown off the jury ASAP. The entire point with "beyond all reasonable doubt" is that unlikely stories ARE sometimes true, and you don't want to risk convict just because there's a simpler explanation than what the defense has been able to present. It's not often cases with perfect defenses go to trial, because despite what TV tells you the prosecutors aren't generally out there to "get" someone at all cost - they're trying to get the right person. Both because it's their job and because they look incredibly bad if they keep losing cases where they were obviously wrong. If the defense can come up with a watertight defense, they'd likely be able to avoid ever going to trial.

      So far I've seen lots of weak evidence in this case. I've also seen lots of weak explanations, and a lot wild claims, but they fit well with Hans' personality based on his past run-ins with Nina and with Sean Sturgeon that paint Hans as eccentric at best, and a raving lunatic at worst.

      My opinion so far is that Nina is dead, and that chances are good that Hans did it, but that the evidence in no way are sufficient to justify convicting him. The fact that they have no body is a huge obstacle. The fact they have only small amounts of blood, and haven't been able to conclusively show anything about it (the person analyzing the blood sample recently had to admit in court she'd made a mistake in analyzing the small amount of blood found, even) is another problem. The fact the children were conveniently sent out of the country and conveniently not given a chance to testify, is another big problem (for that matter, the fact that they've been in the custody of Nina's parents, who are vocally against Hans, means they'd probably be worthless as witnesses anyway).

      Beyond that there's small bits of things that paint a picture of Reiser as weird, and that may make him look suspicious, but that doesn't mean much as evidence, such as the car seat, the books (if he's guilty he'd be an idiot or madman to buy them - perhaps he is, or perhaps he's not guilty and just didn't consider the fact that the books might be found and/or used against him), that he showed up to pick up the kids (he was in a prolonged custody battle and believed Nina was a bad influence - if they had an argument before she disappeared there are lots of other stupid things he might have decided to do, such as taking the kids and fleeing, or just taking them out to spend time with them because he feared not seeing much more of them).

      I've written on the problem with the blood "evidence" found before. Two years ago, my wife fell towards our kitchen door and thrust her arm through a glass pane. She got a cut that was about two inches long right alongside the main artery in her lower arm, and cut a tendon leading to her hands (luckily it was an unused one - apparently some people have an extra tendon that has no affect on hand movement). Before I managed to get something wrapped around it and slow down the bleed there was blood all over the hallway and parts of the kitchen. Literally pools of it - I would not be surprised if she lost quarter to half a liter (thats roughly half a pint to a pint for the metric challenged).

      Luckily everything went well. In this case the damage was bad enough she had to go to hospital, and so there was a record, and if she'd disappeared at any point later, that record likely mean nobody would find it too suspicious that there's still blood in the hallway and kitchen - we occasionally find a spot we hadn't noticed as it found it's way eve

    67. Re:Desperate Twinkies by downix · · Score: 1

      Take note of #3, she was sleeping with a CONFESSED MURDERER, Stan Sturgeon.

      --
      Karma Whoring for Fun and Profit.
    68. Re:Desperate Twinkies by bhtooefr · · Score: 1

      What is the difference to OJ Simpson?

      $33.5 million.

    69. Re:Desperate Twinkies by JavaRob · · Score: 4, Insightful
      I'm always leery of using media reporting to follow any court case, though perhaps Wired will do better than the average general-consumption newspaper.

      Did you notice this from the (Washington Post) article?

      His signal adult achievement was ReiserFS, a file system he named for himself, unusual in the programming world. The system organizes data on Linux, the "open source" operating system. Ah, unusual in the programming world (this guy's a freakish egomaniac!) -- and in the next sentence they mention Linux, which as we all know was created by Bob Torvalds.
    70. Re:Desperate Twinkies by vmcto · · Score: 1

      Boo fucking hoo...

      You make an assertion about how someone has or hasn't been proven guilty and don't even know the proper standard to be used.

      Perhaps you should actually know what you're talking about before shooting off your mouth. Especially when the fate of several living persons hangs in the balance, along with the concept of justice for the people.

      Welcome to the world, where not everyone thinks your "special" like mommy and daddy.

      And unless you care to refute my actual point about where you got your "education", then it's still valid.

    71. Re:Desperate Twinkies by tomhudson · · Score: 1

      (the person analyzing the blood sample recently had to admit in court she'd made a mistake in analyzing the small amount of blood found, even

      No mistake in analysis - just a mistake in collecting the sample from inside the house. No mistake for the sample on the sack the sleeping bag was stored in - its Nina's blood.

      Also, its not a question of whether his story is impossible - just whether it presents a reasonable doubt. An unreasonable doubt is not grounds to find him innocent.

      So why did he pick the kids up at school when nobody yet knew that Nina was missing, and it was Nina's day to pick them up? Sounds to me like the act of someone who had personal knowledge. There hasn't been any attempt to explain that one ...

    72. Re:Desperate Twinkies by greyhueofdoubt · · Score: 1

      ...and I'm no genious... LOL... I'm sorry but that is just gold, man- pure gold. -b
      --
      No offense, but I've stopped responding to AC's.
    73. Re:Desperate Twinkies by ucblockhead · · Score: 1

      A jury isn't punishable for its verdict, no, but you miss my point. Before you get onto the jury, you are asked questions under oath. If you lie, you have committed perjury, which you *can* be punished for. Your statements in the jury room can be used as evidence that you committed perjury. That has nothing to do with jury nullification.

      --
      The cake is a pie
    74. Re:Desperate Twinkies by ucblockhead · · Score: 1

      Is there a purpose to getting yourself thrown in jail by causing a mistrial, which will just be redone with an entirely new jury?

      --
      The cake is a pie
    75. Re:Desperate Twinkies by tomhudson · · Score: 1

      Take note of #3, she was sleeping with a CONFESSED MURDERER, Stan Sturgeon.

      And that is relevant how? Really ... it still gives Hans more motive to kill Nina than Stan (The Fish) Sturgeon. Stan had more motive to see her stay alive - at least he was "getting some". Hans blamed Nina for his financial problems, for the breakdown of their marriage, for a lot of things ...

      The more I read about the case, the more Hans Reiser comes across as another O.J. Simpson - angry, blaming a woman who decides she no longer wants to have anything to do with him for all his problems, who despite his intelligence, blamed someone else for his problems, and let his anger get the better of him.

    76. Re:Desperate Twinkies by Anonymous Coward · · Score: 0

      You forgot number 6 (yeah, yeah).

      6. She framed him for murder and secretly moved back to Russia.

    77. Re:Desperate Twinkies by Anonymous Coward · · Score: 0

      Yeah, but the topic here is Hans Reiser, his filesystem, and whether or not he might be considered a genius for his creation. Saying, yeah, well I could write a filesystem therefore he is not a genius is why people are calling the OP on his statement (and now you). If that is not how his statement (or yours) was meant to be interpreted, please explain how the OP's (and your) statements are even relevant to this discussion?

    78. Re:Desperate Twinkies by maxwell+demon · · Score: 1

      I'm no genious

      Yeah, no shit.

      That's probably joust British spelling. :-)
      --
      The Tao of math: The numbers you can count are not the real numbers.
    79. Re:Desperate Twinkies by maxwell+demon · · Score: 1

      You have a lot to learn about human relationships.

      Well, this site is "news for nerds," so what did you expect?
      --
      The Tao of math: The numbers you can count are not the real numbers.
    80. Re:Desperate Twinkies by Antique+Geekmeister · · Score: 1

      The refusal to prosecute someone for an unjust law is called "jury nullification". It is *NOT* grounds for mistrial, it a long-standing right of any jury. The judge and prosecutor will look for any excuse to avoid it, including many that border on the unconstitutional, and look for grounds to punish defense attorneys who even mentions the concept. But it is, in fact, legal.

      Go look it up. The Wikipedia entry on it is pretty good, although it fails to convey the harshness of sanctions used against defense attorneys who encourage its use.

    81. Re:Desperate Twinkies by Anonymous Coward · · Score: 0

      Many people will have noticed by now that those who believe they can do things are usually the same people who cannot in fact do those things. Yes, I find that to be true myself. Unfortunately the parent to your post was dumb enough to get drawn into a flame war with a troll.
    82. Re:Desperate Twinkies by CrimsonAvenger · · Score: 1

      From what I can tell, the prosecution has absolutely not proven Hans' guilt beyond the shadow of a doubt. They have not met the standard of proof required for a criminal conviction. All they have is some fairly flimsy circumstantial evidence.

      If this were true, then the Defense doesn't have to do anything when the Prosecution rests other than "move to dismiss on grounds that the People have failed to make a case beyond reasonable doubt". He wouldn't have to resort to something like "yeah, it looks bad, but it's because my client is so much smarter than everyone else that he didn't realize he was making himself look guilty".

      Which defense would incline me to believe he was guilty, if nothing else did.

      Though maybe the Defense is setting up an appeal - "your Honors, you should overturn this conviction because my client has a fool for a lawyer"....

      --

      "I do not agree with what you say, but I will defend to the death your right to say it"
    83. Re:Desperate Twinkies by ucblockhead · · Score: 1

      You are missing the point. PERJURY in the questioning of prospective jurors IS grounds for a mistrial.

      So yes, you can indeed vote however you want once you reach the jury room, but if you tell everyone under oath that you are willing to convict someone of the "crime" of breaking DRM and then turn around and tell your fellow jurors that you won't convict because you don't think it is a crime, then you can indeed be convicted of perjury and there likely will be a mistrial. Not because of anything to do with jury nullification but because of the crime of lying under oath. You can't be punished for jury nullification, but you CAN be punished for lying about your beliefs under oath.

      So you can certainly hope that the lawyers don't ask you the right questions so that you can get in there and fight to let the guy off, but you can't lie in response to a direct question about it and hope to do any good. And the lawyers will almost certainly ask the right questions...they're trained to.

      --
      The cake is a pie
    84. Re:Desperate Twinkies by Omnifarious · · Score: 1

      And unless you care to refute my actual point about where you got your "education", then it's still valid.

      Ignorance is not brainwashing. I generally do not keep careful track of exactly where I came across every idea in my head though your surmise is likely correct. But I do usually take the time to go educate myself at least minimally when I discover one of them is wrong.

      Perhaps you should actually know what you're talking about before shooting off your mouth. Especially when the fate of several living persons hangs in the balance, along with the concept of justice for the people.

      My statements will have little or no impact on the fates of these people, so this is completely bogus. Additionally, in context, the error is rather minor. It doesn't affect the validity of the rest of what I said. As for perpetuating misinformation, I'm guilty. But I'm sure that people reading will find the numerous corrections I received, all of which but yours were reasonably civil.

      Curing ignorance simply requires politely pointing it out, not disparaging comments.

      Many people such as yourself use the Internet as an excuse to be complete jerks. If you had corrected me in face-to-face setting in the same manner as you chose on the Internet I would've dismissed your comments out of hand as coming from an asshole who couldn't even be bothered with the basics of civil society.

      Here, it is much easier to separate the factual elements of your statement from its deplorable tone. A dubious advantage to be sure.

    85. Re:Desperate Twinkies by Anonymous Coward · · Score: 0

      People have also killed for

        6. No clear motive

    86. Re:Desperate Twinkies by Anonymous Coward · · Score: 0

      for Hans to of killed his wife

      "have".

    87. Re:Desperate Twinkies by downix · · Score: 1

      She dumped Stan just before her dissapearance, if you'd been paying attention.

      --
      Karma Whoring for Fun and Profit.
    88. Re:Desperate Twinkies by mrchaotica · · Score: 1

      "I can write an uncrackable encryption system", "I can write the ultimate compression algorithm" and other statements of their ilk show up around here frequently enough to make me nauseous.

      Hey, both of those things are easy! Look, I can even write a single function that does both at the same time:

      char* encrypt-and-compress(char* in)
      {
      return "\0";
      }

      'Course, if you want the intended recipient to be able to decompress and decrypt it, well, that's harder...

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    89. Re:Desperate Twinkies by doom · · Score: 1

      It's not the Twinkie Defense.

      Correct. The analogy fails in other ways also: Dan White got a reduced conviction because he was connected (an ex-cop, ex-member of the board of supes, who happens to have assasinated a very liberal mayor). If the Twinkie Defense means anything at all, it means that if they want to let you off, they'll seize on any nonsense as an excuse.

      The Hans Reiser case is completely the opposite: he's an eccentric outsider, being put on trial for Not Being Normal ("Did you ever think about a church wedding?" Ha. Ha.)... This supposed "geek defense" is just a reminder that people have a right to be eccentric.

    90. Re:Desperate Twinkies by doom · · Score: 1

      BiggerIsBetter wrote:

      You forgot to mention the other guy, Sean Sturgeon, who was also close to the victim.

      That's certainly an odd wrinkle to the case, but the alternate explanation that I like is simply that Nina Reiser isn't dead. Having swindled Namesys for what she could, she skipped back to Russian, leaving her mother to handle the problem of bringing the kids over. She presumably knows that Hans Reiser is up on trial for her murder, but has chosen to lie low, and let him take the heat, for reasons of her own.

      I'm not saying that there's any evidence for this theory either, it's just one of a number of things that might have happened.

    91. Re:Desperate Twinkies by doom · · Score: 1

      He purchased them 'surreptitiously', whatever that means,

      It doesn't mean anything, in this case. Didn't he use a card to buy them? It doesn't take a lot of brains to realize you should use cash if you want to hide a purchase.

    92. Re:Desperate Twinkies by rohan972 · · Score: 1
      It's not that I've missed your point, I've just never heard of it happening. Can you cite any source to show me a juror has been charged with perjury? Or can be? That's why I said:

      I'd be interested if you could provide a reference to this actually happening.
      In any case, where I live, I suspect they can't stack juries the way they seem to in the US according to what you are saying, so I don't think it would be an issue. When my government tells me "that each jury 'is a little parliament'", giving the example of 13 men being acquited for treason quite contrary to the law of the time, I think I'm on fairly safe ground.
    93. Re:Desperate Twinkies by mrchaotica · · Score: 1

      Looking up how a murder investigation works, once you become a suspect in it, is exactly the sort of behavior you'd expect from a geek. It would be my first impulse, too, except I wouldn't be stupid enough to purchase books and leave them laying around. He purchased them 'surreptitiously', whatever that means, I'd actually go past that and not purchase them at all, just reading them in the library and bookstore.

      It would be my first impulse as well, but instead of trying to hide what I was doing, I'd just be very careful to get proof that I bought the books after finding out that I was a suspect so that it would be obvious that that's why I'd gotten them. For example, I'd either make sure to get a copy of a police document referring to it showing a date prior to the purchase date of the books and make damn sure to keep the receipt, or hire a lawyer and instruct him to buy the books for me. Trying to do things surreptitiously would just increase suspicion; I'd try to allay it instead by being as transparent as possible.

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    94. Re:Desperate Twinkies by Anonymous Coward · · Score: 0

      That's idiotic beyond words - read your comment again. Basically, what you're saying is that he should be presumed guilty because he has failed to convince you of his innocence?

      WTF? Do us all a favour and evade jury duty when you're called up the next time.

    95. Re:Desperate Twinkies by doom · · Score: 1

      Incidentally, killing someone in your car, or killing them somewhere and transporting them in such a way that they bleed on your car's front seat, is incredibly stupid and and incredibly easy to avoid. Hans actually sounds like a smart guy, so I'm having trouble connecting 'Oh, I'll carry this bloody corpse in my car's front seat' with him.

      Yeah, and if I remember right, the Defense has pointed out that there were other things he could've done that would've made more sense. Again, if I remember right: his wife's van was sitting right there. Wouldn't it have been better to conceal the body in the van, and then get rid of both of them at the same time?

      The trouble with that kind of reasoning, I would say, is that if you've just committed murder -- possibly a spontaneous, first degree, crime of passion, sort of thing -- the odds are good you're not going to be thinking very clearly.

      OTOH, the fact there were blood spatters doesn't look good for them,

      The blood splatters sound impressive in a newspaper report -- and the cops did their best to milk it for all it's worth, didn't they? One wonders what that was about -- but it doesn't take a lot of thought to realize that they just don't mean anything. Human beings -- particularly women -- leak blood now and then. Wouldn't you expect to find a couple of blood stains of indeterminate age around a place where someone has been living for years?

      as does the fact he can't produce the seat. (Whereas I can, even now, produce the center console of my car complete with broken tape deck.)

      Supposedly, Reiser's mother was hassling him about being a slob. In general, chicks have problems with filling up the back yard with dead car parts.

    96. Re:Desperate Twinkies by tomhudson · · Score: 1

      She framed him for murder and secretly moved back to Russia.

      Why would she have to do that - she already had him dead to rights on a previous assault, she had a new job, she had the kids, he owed her $29k in child support, plus ongoing child support, Hans Reiser's own lawyer has admitted she was about to win financial sanctions against him over his foot-dragging ... seems to me she was holding all the cards, and he had lots of motive to change the rules of the game.

    97. Re:Desperate Twinkies by doom · · Score: 1

      His story also fails Occam's razor, big-time.

      And if we were judging a physical theory, instead of a complicated situation involving human behavior, that would be a really good point.

      I hadn't really been following the case, but the more I look at it today, the more it looks to me like a reasonable person would conclude that Reiser is guilty beyond a reasonable doubt.

      Strangely enough, a bunch of us who are following the case can't believe how thing the prosecutions evidence is... the best they can do is "that guy Hans is pretty weird, isn't he folks?"

    98. Re:Desperate Twinkies by bruce86 · · Score: 1

      For other people like me who aren't down with linux. he made a joke, its actually Linus Torvalds.

    99. Re:Desperate Twinkies by Antique+Geekmeister · · Score: 1

      I may be mistaken, I Am Not A Lawyer. But I think they can no more expect truth in the face of such a question than they can expect obedience to an unjust law. And it's quite reasonable to say "I changed my mind, your honor: this case made crystal clear that the law itself is unjust".

      And if convicted of perjury, well, who can afford the time or the money better: me, who works and whose resume in such a matter would benefit from demonstrating my morality? Or the poor bastard being convicted of selling pot to a cancer sufferer? Or the gay couple convicted of sodomy? Or the farmer who helped run an Underground Railroad before the Civil War? Or the neighbor who brewed a bit of wine during Prohibition?

      Jury Nullification has a long and proud history of being used to trump unjust laws. It's occasionally misused as well, to refuse to convict someone who abused someone of "another" race or culture.

    100. Re:Desperate Twinkies by tomhudson · · Score: 1

      No, I'm saying that his actions indicate his guilt.

      He picked up the kids from school when it was Nina's turn ... before anyone could have known she was missing ...

      No explanation for what appears to be prior knowledge that Nina, for one reason or another, wasn't going to be able to do it.

      His actions are what I'm looking at - and that one in particular puts the lie to his claim that Nina is trying to frame him.

      If Nina had left the country (as Hans claims) to try to make his disappearance look like murder, how would Hans have known to go and pick up the kids that day, when it wasn't his turn, in the middle of a very acrimonious divorce?

      The "geek defense" doesn't explain his actions.

      His having killed her does.

      Means, motive, opportunity, and actions that betray knowledge of her "disappearance" before it was known by anyone else.

      Saying he's a geek, or that he's weird, doesn't explain it. Prior knowledge does.

      His actions speak for themselves. From here, they say he's guilty beyond a reasonable doubt. YMMV, and of course, not being in the courtroom, I obviously haven't heard the evidence the jury has heard, but someone is going to ask that question. Why did he pick up the kids, unless he already knew Nina wasn't going to pick them up?

      Without some sort of an answer, I can only go by what his actions say.

    101. Re:Desperate Twinkies by tomhudson · · Score: 1

      Just answer this one question - why did he, in the middle of an acrimonious divorce that he was about to be judicially sanctioned for his foot-dragging, pick up the kids from school when it was Nina's turn to do so?

      A reasonable person would conclude that he knew Nina wouldn't be picking them up.

      If she had left the country as he claims, how would he know so quickly, before anyone else, that she wouldn't be picking up the kids?

      His picking up the kids shows prior knowledge. Its a mistake. Even geeks make mistakes, sometime very stupid ones.

      So, now that we have some reasonable suspicion, lets look at another question - why did he throw the seat in the dumpster?

      If he just wanted to get rid of it, he could have left it by the curb for garbage day. Or he could have stashed it at his mothers', and picked it up if / when he needed it again. Instead, he says he drove around to someone else's dumpster, and dumped it there. That only makes sense if you don't want to be connected to the missing seat at some future date. For the same effort, he could have sold it for a few bucks at a scrap yard, with less risk of the dumpster owner calling the cops on him for using their dumpster. "But I'm a geek - I'm weird!" He doesn't add "Only when its convenient, baby ..."

      When all is said and done, without an explanation for why he picked up the kids, I think a reasonable person would conclude he acted with specific knowledge about Nina.

    102. Re:Desperate Twinkies by doom · · Score: 1

      tomhudson wrote:

      Just answer this one question - why did he, in the middle of an acrimonious divorce that he was about to be judicially sanctioned for his foot-dragging, pick up the kids from school when it was Nina's turn to do so?

      A reasonable person would conclude that he knew Nina wouldn't be picking them up.

      Okay, so if this one point is answered, you will drop your opinion that Reiser is absolutely, positively, proven guilty? This single point is what you're basing your opinion on?

      So, for example, if it turns out someone called Reiser that day and said "Have you seen Nina? We don't know what happened to her", then Reiser will be completely in the clear, wouldn't he?

      But then, if Reiser just says "Before Nina took off she asked me if I could get the kids that day", then that would cover it too, wouldn't it? Wouldn't that raise a "reasonable doubt"?

    103. Re:Desperate Twinkies by Anonymous Coward · · Score: 0

      WTF? Next time I need a relationship, I'll be sure to fly to Russian then. Don't say bullshit things thinking that you're being insightful.

    104. Re:Desperate Twinkies by DavidTC · · Score: 1

      The blood splatters sound impressive in a newspaper report -- and the cops did their best to milk it for all it's worth, didn't they? One wonders what that was about -- but it doesn't take a lot of thought to realize that they just don't mean anything. Human beings -- particularly women -- leak blood now and then. Wouldn't you expect to find a couple of blood stains of indeterminate age around a place where someone has been living for years?

      Reading more about that, it appears that they don't even have any evidence that it's her blood. Not to mention, to get blood 'spatters', she would actually would have to be stabbed there, and there's not actually any reason for her to have been in his front seat at all.

      --
      If corporations are people, aren't stockholders guilty of slavery?
    105. Re:Desperate Twinkies by tomhudson · · Score: 1

      Neither Resier nor anyone else has offered any such explanation.

      Kind of late in the day to do so, don't you think?

      Also, the phone records were subpoenaed, and they don't support it - quite the contrary.

    106. Re:Desperate Twinkies by doom · · Score: 1

      tomhudson wrote:

      Neither Resier nor anyone else has offered any such explanation.

      Maybe because there's nothing to explain. As far as I can tell, Reiser actually did not pick up the kids that day.

      Also, the phone records were subpoenaed, and they don't support it - quite the contrary.

      Where are you getting your information? Links please.

    107. Re:Desperate Twinkies by Artifakt · · Score: 1

      That's just the point I was trying to make, which whooshed about a thousand miles over your head! I haven't particularly made up my mind on this case, I just showed how the very same 'facts' one poster was citing could be spun in the opposite direction.
          Still, I don't feel particularly insulted by being accused of using facts to back up a decision - most of us will come to a conclusion at some point in cases such as this, and sooner or later start focusing more on seeing how new facts will fit into our existing mental picture than on building one from scratch. At that point, it will take more and more significant facts to jar any of us out of our mental grooves. We are all like that, including you - that's what's sometimes called the human existential position. Fortunately, some of us are more open to changing our minds than others.
          It's absolutely clear that there is evidence in this case. That became settled the moment the judge let the prosecutor introduce exhibits. What is far from clear is how much that evidence is worth, even in proving that the wife is dead, let alone proving that the death was a murder, and eventually proving who did it. So what you probably meant was that you don't think it's clear that the evidence is sufficient, in which case, I agree strongly. As of yet, I haven't heard anything that is convincing beyond a reasonable doubt.

      --
      Who is John Cabal?
    108. Re:Desperate Twinkies by ancientt · · Score: 1

      Read up on the topic of jury nullification. I did and was surprised. The choice of words the gp chose was unfortunate, the reason that jury nullification is an option is because it IS the law. When you have two contrary laws, find him innocent if he is innocent vs find him guilty because of other law despite of innocence, you are morally and legally bound to find him innocent. The jury system was set up in part to deal with the possibility that the law could be wrong or conflicting and was given the authority to decide which laws should and should not apply. Jury authority supersedes that of legislative and case law.

      It comes down to this, as a juror you can swear to uphold the law and still legally and ethically make the decision to uphold it by ignoring less authoritative law than that of your moral obligation. Power to the people.

      --
      B) Eliminate all the stupid users. This is frowned upon by society.
    109. Re:Desperate Twinkies by RightSaidFred99 · · Score: 1
      I don't want to live in your world. Apparently in your world all you have to do in order to get away with murder is (1) destroy the body, (2), destroy the murder weapon, (3), make sure no one is literally watching when you commit the murder. Now, (4) is the rub but of course you're simply wrong. They found blood evidence in his car. They found blood evidence in the house. They have peculiar behavior (like missing seats in a car, a soaked car as if cleaned, books, etc...) that is directly linked to the case in question. Oh, and his house being the last place she was seen alive sure doesn't help him.

      Now, I agree with you in theory. Some poor woman just got convicted with no evidence whatsoever, far less than Reiser. Apparently she got a boob job with her dead husband's life insurance and partied it up in Mexico or something like that "too soon" after he died and a jury of morons found her guilty. In this case, however, his behavior and the circumstantial evidence all adds up.

    110. Re:Desperate Twinkies by Blkdeath · · Score: 1

      So why did he pick the kids up at school when nobody yet knew that Nina was missing, and it was Nina's day to pick them up? Sounds to me like the act of someone who had personal knowledge. There hasn't been any attempt to explain that one ...

      I've seen you ask this I swear half a dozen times now and it's driving me up the wall. Have you never done something irrational? Picked up the kids (or anything/anybody else for that matter) when it wasn't your turn? You've never come home with a jug of milk to find a fresh one in the refrigerator? Or you don't suppose he just wanted extra time with his kids? Or perhaps that the whole "Nina is missing" thing is a fabrication of sorts and/or that they could have made prior arrangements before the disappearance?

      The point being there is only one way to interpret that action as one of guilt and a thousand interpretations of innocence. Your question is a strawman and a poor one at that. Let it drop, and leave the prosecution and the defence to their jobs already. As it stands I don't think any explanation, reasonable or otherwise will satisfy you at this point based on your extreme conviction to the idea that the kids are the crux of the entire investigation.

      --
      BD Phone Home!

      Shameless plug. Like you weren't expecting it.

    111. Re:Desperate Twinkies by Blkdeath · · Score: 1

      Ignorance is not brainwashing. I generally do not keep careful track of exactly where I came across every idea in my head though your surmise is likely correct. But I do usually take the time to go educate myself at least minimally when I discover one of them is wrong.

      Actually it is very akin to brainwashing. See, the concept you're looking for is metacognition which pretty literally means thinking about your thinking. Unless you know where your knowledge came from and why on a regular basis it becomes more and more easy to implant incorrect ideas into your head. If you don't know or care how information gets there or have some kind of filter as to what does and does not get it, you can see how easily you can be swayed into believing utter nonsense. Harsh though it may have been, the GP's point does hold somewhat true. You've allowed 'knowledge' gleaned from movies and television to seep into a debate as your primary argument.

      FWIW, you should be attempting to educate yourself and think about your knowledge base constantly, rather than waiting for somebody to point out that you're incorrect. Otherwise, how will you know how much of your knowledge base is fundamentally flawed?

      --
      BD Phone Home!

      Shameless plug. Like you weren't expecting it.

    112. Re:Desperate Twinkies by Omnifarious · · Score: 1

      FWIW, you should be attempting to educate yourself and think about your knowledge base constantly, rather than waiting for somebody to point out that you're incorrect. Otherwise, how will you know how much of your knowledge base is fundamentally flawed?

      If I did that on an active basis I would have time for nothing else. I generally do this on a passive basis by being alert for contradicting information and being a bit aggressive about sources when I find it. In areas I consider core competency areas, I'm much more aggressive about hunting down sources and new information.

      BTW, thank you for being reasonably polite. :-)

    113. Re:Desperate Twinkies by TravisWatkins · · Score: 1

      'In order to facilitate development, the files were uploaded to the ftp server (ftp.funet.fi) of the Helsinki University of Technology (HUT) in September 1991. Ari Lemmke, Torvald's coworker at the HUT who was responsible for the servers at the time, did not feel Freax was a good name. Consequently, he dubbed the project "Linux" without consulting Torvalds.[citation needed] Later, however, Torvalds consented to "Linux": "After many arguments, he finally admitted that Linux was simply the better name. In the source code of version 0.01 of Linux, the name 'Freax' was still used in the makefile. Only later was the name Linux used. Thus the name actually not planned at all became generally accepted world-wide."'

      --

      "But I'm still right here, giving blood and keeping faith. And I'm still right here."
    114. Re:Desperate Twinkies by alfedenzo · · Score: 1

      It's worth noting, though, that Linus didn't chose to name the kernel after himself. He wanted to call it Freax, but his friend who ran the FTP server named the directory holding the files 'Linux', a name that proved to be understandably more popular.

    115. Re:Desperate Twinkies by crashfrog · · Score: 1

      He picked up the kids from school when it was Nina's turn ... before anyone could have known she was missing ...was Nina's turn, and that Paul Reiser never in his life forgot which day he was supposed to pick up the kids and which he wasn't, or that parents have never tried to antagonize each other and interfere with visitation/custody by picking up kids when they weren't supposed to, or that reasonable people can conclude that someone might not be there for the kids well before the legal definition of "missing."

      Sorry, but it's simply not the linchpin you're making it out to be. It's almost more unreasonable to suggest that, in the middle of an acrimonious divorce with a lying, cheating swindler with a foreign passport, he'd ever have let her pick them up.

      From here, they say he's guilty beyond a reasonable doubt.

      There's almost no evidence she's even dead. Motive, certainly he has. Opportunity? Impossible to say. Means? Again, impossible to say. That's one out of the three requirements. Maybe he killed his wife. Legally, there's no basis to convict him. The "he knew to pick up the kids" line of attack isn't nearly sufficient. You haven't established that he knew to pick up the kids; he simply did so.

      --
      I never have frustrations, the reason is, to wit:
      If at first I don't succeed, I quit!
    116. Re:Desperate Twinkies by crashfrog · · Score: 1

      He picked up the kids from school when it was Nina's turn ... before anyone could have known she was missing ...

      If you're going to send the guy to the chair based on this one single act, then you'd better have more evidence than you've presented so far that it actually was Nina's turn, and that Paul Reiser never in his life forgot which day he was supposed to pick up the kids and which he wasn't, or that parents have never tried to antagonize each other and interfere with visitation/custody by picking up kids when they weren't supposed to, or that reasonable people can conclude that someone might not be there for the kids well before the legal definition of "missing."

      Sorry, but it's simply not the linchpin you're making it out to be. It's almost more unreasonable to suggest that, in the middle of an acrimonious divorce with a lying, cheating swindler with a foreign passport, he'd ever have let her pick them up.

      From here, they say he's guilty beyond a reasonable doubt.

      There's almost no evidence she's even dead. Motive, certainly he has. Opportunity? Impossible to say since the circumstances of her possible death are completely unknown. Means? Again, impossible to say for the same reason. That's one out of the three requirements. Maybe he killed his wife. Legally, there's no basis to convict him. The "he knew to pick up the kids" line of attack isn't nearly sufficient. You haven't established that he knew to pick up the kids; he simply did so.

      --
      I never have frustrations, the reason is, to wit:
      If at first I don't succeed, I quit!
    117. Re:Desperate Twinkies by tomhudson · · Score: 1

      It's almost more unreasonable to suggest that, in the middle of an acrimonious divorce with a lying, cheating swindler with a foreign passport, he'd ever have let her pick them up.

      He had already lost custody. He was in danger of further sanctions from the bench because of his behaviour. I'm sure his lawyer told him many times not to f*ck around with custody and visitation or he'd end up with his broke ass in a jail cell and get only supervised visits. Thats how it works.

    118. Re:Desperate Twinkies by LaskoVortex · · Score: 1

      I don't want to live in your world.

      If you are ever put on trial for a murder you didn't commit, you might want to visit.

      --
      Just callin' it like I see it.
    119. Re:Desperate Twinkies by 10Ghz · · Score: 1

      why did he, in the middle of an acrimonious divorce that he was about to be judicially sanctioned for his foot-dragging, pick up the kids from school when it was Nina's turn to do so?


      Because he didn't?

      "Tue 2006-09-05, 5:00 PM: Reiser, arrives at the Joaquin Miller school and sets up a meeting to discuss the program's enrollment policies. He speaks with Natalie Potter. Although Potter knows that Nina is missing, she neither tells Reiser this, nor asks Reiser if he knows where Nina is. Reiser states that he is not there to pick up the children and he gives his permission for Doren to pick them up, which she does a few minutes later, at about 5:15 PM. Reiser is at the school for about 10 minutes. "
      --
      Lesbian Nazi Hookers Abducted by UFOs and Forced Into Weight Loss Programs - -all next week on Town Talk.
    120. Re:Desperate Twinkies by Ahuitzotl · · Score: 1

      His story also fails Occam's razor, big-time. The simplest explanation that fits all the facts is that he did kill her. His explanation doesn't fit all the facts, and it rings false. More and more, it sounds like someone with too big an ego, who is in the process of losing everything, and finally throws caution and civility to the winds.

      Actually, wouldn't the simplest explanation be that the boyfriend did it? He is an admitted 8 time killer, Hans is not...

    121. Re:Desperate Twinkies by crashfrog · · Score: 1

      I'm sure his lawyer told him many times not to f*ck around with custody and visitation or he'd end up with his broke ass in a jail cell and get only supervised visits.

      You're sure, huh? You were there?

      I only ask because, again, you're using these "facts" to reach a conclusion of guilt beyond a reasonable doubt. Do you think maybe not being able to reach a conclusion except on the basis of events and conversations you couldn't possibly have any knowledge about is, perhaps, the very definition of "reasonable doubt"?

      Between the thought of violating a legal custody arrangement, and the thought of my embezzling fraud of a wife escaping to god-forsaken Russia with my children, that's the easiest decision in the world. And I don't even have kids.

      --
      I never have frustrations, the reason is, to wit:
      If at first I don't succeed, I quit!
    122. Re:Desperate Twinkies by Doctor+Faustus · · Score: 1

      Apparently in your world all you have to do in order to get away with murder is (1) destroy the body
      Will it blend?

    123. Re:Desperate Twinkies by Doctor+Faustus · · Score: 1

      a reasonable person would conclude that Reiser is guilty beyond a reasonable doubt. He had means, motive, and opportunity.
      It's certainly plausible that he killed her, but it's just as plausible that she went back to Russia or that her boyfriend killed her.

      And yes, Hans is a very strange guy, but so's Nina's boyfriend that the jury doesn't get to hear about.

    124. Re:Desperate Twinkies by StikyPad · · Score: 1

      If you refuse to vote for conviction based on your belief, your perjury will be obvious and it will almost certainly cause a mistrial.

      Who said anything about perjury? There's no law about changing your mind after becoming more intimately acquainted with the law, thanks to a highly informative lecture by the prosecution.

    125. Re:Desperate Twinkies by JavaRob · · Score: 1

      It's worth noting, though, that Linus didn't chose to name the kernel after himself. He wanted to call it Freax, but his friend who ran the FTP server named the directory holding the files 'Linux', a name that proved to be understandably more popular. Absolutely, and Freax was a terrible, terrible name. To extend my point a bit, coming up with a name for something like a file system or operating system is not an easy task for anyone, let along the typical geek. Doing something like putting your own name into in some way (or the name of your company/university if it's not a solo project) is the default fallback when your "creative" names are all too ridiculous (like "Gimp" or the various other acronyms gone horribly wrong... even "Unix" is pretty poor... Maybe "Eunuchs" should have been the name for the Micro-Soft OS...).

      Reiser could be crazy -- but the name of his filesystem isn't the first thing I'd choose to illustrate that, given the difficulty of naming.

      Other examples:
        FCKEditor (by Frederico Caldeira Knabben)
        BIND is Berkeley Internet Name Domain
        Perl was ALMOST named Gloria, after Larry Wall's wife

      Others?
    126. Re:Desperate Twinkies by Asic+Eng · · Score: 1

      This whole idea of the mail-order bride who only marries to get US citizenship and then runs away seems a bit exaggerated. According to http://en.wikipedia.org/wiki/Mail-order_bride the divorce rate US citizen + mail-order brides seems to be a lot lower than average. The story seems to alternate between "poor exploited foreign girl" and "stupid US guy looses his house to foreign scammer" - at least one of these can't be representative. It seems a huge investment to have two children and spend years of your live with someone you dislike, just to get citizenship in the US - especially for someone with a professional education who could probably find a less stressful way to leave Russia.

  6. Gem of a quote by Anonymous Coward · · Score: 5, Insightful

    His signal adult achievement was ReiserFS, a file system he named for himself, unusual in the programming world. The system organizes data on Linux, the "open source" operating system. In the same breath, they say naming something after ones own name is unusual, and refer to the OS written by a guy named Linus. Hows that for irony.
    1. Re:Gem of a quote by mccalli · · Score: 5, Insightful

      In the same breath, they say naming something after ones own name is unusual, and refer to the OS written by a guy named Linus. Hows that for irony.

      Linus named it FreakOS I believe. It was someone else who convinced him to rename it to Linux.

      Cheers,
      Ian

    2. Re:Gem of a quote by calebt3 · · Score: 1

      "Linux" happened to be the name of the folder he was storing the source code in.

    3. Re:Gem of a quote by RobBebop · · Score: 2, Informative

      when in doubt, Wikipedia!

      Linus Torvalds originally developed the Linux kernel as a hobby OS for the Intel 80386 CPU, incorporating elements from MINIX, although with entirely new code.[12] Initially Torvalds wanted to call the kernel he developed Freax (a combination of "free", "freak", and the letter X to indicate that it is a Unix-like system), but his friend Ari Lemmke, who administered the FTP server where the kernel was first hosted for downloading, named Torvalds' directory linux.

      Of course, nothing on Wikipedia should be taken as fact unless it can be backed up with supporting references, but that's how it goes.

      --
      Support the 30 Hour Work Week!!!
    4. Re:Gem of a quote by Constantine+XVI · · Score: 1

      As far as supporting references, how about his autobiography (Just for Fun: The Story of an Accidental Revolutionary)?

      (no link because I couldn't figure out how to hardlink books)

      --
      "I think an etch-a-sketch with an ethernet port would beat IE7 in web standards compliance."
    5. Re:Gem of a quote by Zaitor · · Score: 1

      No, he wanted to called it Freax.

      Quote from Linus himself in a documentary called The Code.

      FREAX from free, freak and the 'X' for unix. Ari Lemmke, the guy who put it up for ftp (at the University of Helsinki) didn't like that name at all. So when he put it up he just called it Linux, since he knew that was the "working" name. That name stuck :)

    6. Re:Gem of a quote by orasio · · Score: 1, Insightful

      His signal adult achievement was ReiserFS, a file system he named for himself, unusual in the programming world. The system organizes data on Linux, the "open source" operating system. In the same breath, they say naming something after ones own name is unusual, and refer to the OS written by a guy named Linus. Hows that for irony. It's wrong to say "Linux" is an OS. It's understandable, though, it has been going on for more than 15 years.

      But then, you say that a guy names Linus wrote some OS.
      I'll explain again, kids. Linus Torvalds wrote a kernel, a crucial tool for making an OS.
      The resulting OS is GNU/Linux, and your confusion is the reason why calling the OS "Linux" is wrong, it gives credit to Linus, and the Linux project, for the work of GNU people. People say it doesn't matter, but it does matter, in free software, attribution is all.

    7. Re:Gem of a quote by erayd · · Score: 1

      It's in his autobiography too ('Just for fun, the story of an accidental revolutionary', co-written with David Diamond).

      --
      Forget world peace, bring on -1 pointless
    8. Re:Gem of a quote by ben(zen) · · Score: 0

      (no link because I couldn't figure out how to hardlink books) All we need is to digitise one, TRON-like! Then there'd be a copy sitting on the internet, in its entirety. And yes, Torvalds did state that in his book.
    9. Re:Gem of a quote by spiderbitendeath · · Score: 2, Informative

      "An operating system (OS) is the software that manages the sharing of the resources of a computer and provides programmers with an interface used to access those resources. " http://en.wikipedia.org/wiki/Operating_system Linux is an operating system.

      --
      Sometimes when I'm working on projects things disappear, I suspect gremlins.
    10. Re:Gem of a quote by Anonymous Coward · · Score: 0

      I recently read a book co-written by Torvalds- "Just for Fun" I believe is what it is called.

      That story is the one that appears in it. So, there you go. Go check out the book and read it if you're a huge enough nerd to care.

    11. Re:Gem of a quote by chris_sawtell · · Score: 1

      Linus named it FreakOS I believe. It was someone else who convinced him to rename it to Linux.
      True. It was the operator of the ftp server who named Linus' source tree "Linux"

      Linus is actually the most modest person, who has actually done something really worth while, I have ever had the privilege to meet.

    12. Re:Gem of a quote by LiENUS · · Score: 1

      Linus is actually the most modest person, who has actually done something really worth while, I have ever had the privilege to meet. I've never actually met him but every time I read what he's written or seen him giving a speech (I saw a video of his speech at Google about git.) He comes across as arrogant and pompous. It makes me want to believe hes wrong, though admittedly he almost always turns out to be right. From what I've seen of him online in various discussions I'm surprise to hear him described as modest. Maybe what I've seen is just a show he puts on to make sure things go his way.
    13. Re:Gem of a quote by orasio · · Score: 1

      "An operating system (OS) is the software that manages the sharing of the resources of a computer and provides programmers with an interface used to access those resources. "
      http://en.wikipedia.org/wiki/Operating_system

      Linux is an operating system. It is not wise to quote Wikipedia as an authoritative source, beacause they are not one. Aside from that, we are supposed to be nerds, being in slashdot, and nerds know what OSs are. Encyclopedias don't apply in that context, because the knowledge they bring to the discussion is too shallow for people who know enough about the subject in particular.

      There are different views on what an OS is, but the most common way of seeing it is that Windows XP, Ubuntu, and OSX are OSs, and Mac, kernel32 and Linux are kernels. That happens because what most people mean as Linux OS is Linux + userland. To illustrate that (not as an authoritative source) you can see this quote from Wikipedia http://en.wikipedia.org/wiki/Linux/ :

      Free Software Foundation views Linux distributions which use GNU software as GNU variants and they ask that such operating systems be referred to as GNU/Linux or a Linux-based GNU system.[60] However, the media and population at large refers to this family of operating systems simply as Linux. While some distributors make a point of using the aggregate form, most notably Debian with the Debian GNU/Linux distribution, the term's use outside of the enthusiast community is limited. The distinction between the Linux kernel and distributions based on it plus the GNU system is a source of confusion to many newcomers, and the naming remains controversial.
    14. Re:Gem of a quote by bigstrat2003 · · Score: 1, Insightful

      The name of the OS doesn't have to have a damn thing to do with the parties whose work went into it. It's just a name, the proper place for recognition of work is elsewhere. So while it certainly isn't wrong to call Linux GNU/Linux, it's stupid and unnecessary. Anyone who gives a damn about the GNU part of it can presumably easily find out already, without renaming the OS to some really awkward-sounding name.

      --
      "16MB (fuck off, MiB fascists)" - The Mighty Buzzard
    15. Re:Gem of a quote by genericpoweruser · · Score: 0

      some really awkward-sounding name That's the problem right there, and why I personally say Linux. I think most people have no problem with giving attribution to GNU but not at the expense of easy pronunciation. By now, I think it's too late to change the name. GNU should have come up with a better name several years ago. And I agree that it's not very hard to find out about GNU. The FSF should realize that they need open-source because open-source is what sells. The focus should be on attracting programmers and unifying applications, closing holes in functionality to better compete with other OSs, not arguing about who made what. Leave it to the individual distros to educate their users on the usefulness of Free Software.
      --
      A fool and his lamb are worth two in the bush.
    16. Re:Gem of a quote by peccary · · Score: 1

      If you want to track this down, try using google groups to dig through comp.unix.wizards from 1989 or thereabouts. I rmember when Linus was still mooting the idea of writing a unix clone and trying to drum up enthusiasm. I don't recall any specific discussions about names though.

    17. Re:Gem of a quote by FishWithAHammer · · Score: 1

      Listen to him speak, or talk to him in a less public setting than a newsgroup, and he's an awfully nice guy and ridiculously modest. His autobiography is another good example of this.

      --
      "You can either have software quality or you can have pointer arithmetic, but you cannot have both at the same time."
    18. Re:Gem of a quote by Anonymous Coward · · Score: 0

      I've always wondered, why not Linux/GNU?

    19. Re:Gem of a quote by Anonymous Coward · · Score: 0

      > Linus named it FreakOS I believe. It was someone else who convinced him to rename it to Linux.

      Freax, actually. Ari Lemmke was the one who came up with the name Linux. I think it's a good thing, too, personally.

    20. Re:Gem of a quote by Anonymous Coward · · Score: 0

      Linus named it FreakOS I believe. It was someone else who convinced him to rename it to Linux.

      Years later, he would design "Git", which I believe he actually did name for himself.

    21. Re:Gem of a quote by Bill_the_Engineer · · Score: 1

      But then, you say that a guy names Linus wrote some OS. I'll explain again, kids. Linus Torvalds wrote a kernel, a crucial tool for making an OS. The resulting OS is GNU/Linux, and your confusion is the reason why calling the OS "Linux" is wrong, it gives credit to Linus, and the Linux project, for the work of GNU people. People say it doesn't matter, but it does matter, in free software, attribution is all.

      Crap. Not the old "GNU/Linux" argument. I'm sorry the operating system is called "Linux" and the more popular Linux distributions are called Redhat, Fedora, Ubuntu, Gentoo, and Debian. No matter how many times this is argued, things will not change. The GPL does not dictate that we prefix all GPL programs with "GNU", and neither Linus nor the distribution creators choose to use "GNU" in their names so tough luck.

      BTW, while we are being a little technical here. Operating System is charged with processing system data, user input, provide an API to hardware devices, and similar activities that falls within the domain of the kernel. The GNU utilities are user land tools that help the user manage resources and configure the kernel. So to be more precise, the operating system is called Linux and the resulting distributions that contain GNU utilities are called Redhat, Debian, Gentoo, Ubuntu, etc...

      This is why everybody calls the OS Linux for the past 15 or so years.

      --
      These comments are my own and do not necessarily reflect the views or opinions of my employer or colleagues...
    22. Re:Gem of a quote by kvezach · · Score: 1

      The resulting OS is GNU/Linux, and your confusion is the reason why calling the OS "Linux" is wrong, it gives credit to Linus, and the Linux project, for the work of GNU people. People say it doesn't matter, but it does matter, in free software, attribution is all.
      RMS, is that you?

    23. Re:Gem of a quote by Anonymous Coward · · Score: 0

      Linus named it FreakOS I believe. It was someone else who convinced him to rename it to Linux.
      Close. It was "Freax".
    24. Re:Gem of a quote by Anonymous Coward · · Score: 0
    25. Re:Gem of a quote by zlogic · · Score: 1

      A typical distribution contains more than just GNU and Linux, and it's unfair not to name everything included. So Ubuntu should be named GNU/Linux/Debian/Xorg/Gnome :-)

    26. Re:Gem of a quote by houghi · · Score: 1

      In the same breath, they say naming something after ones own name is unusual, and refer to the OS written by a guy named Linus. Hows that for irony.
      And if that is part of his case, it can be shot down pretty easy.
      McDonalds was named after Dick and Mac McDonald (Mmm, why can you buy a Big Mac but not one named after the other brother)
      Or how about Dell? Hewlett Packard? Ford? Chrysler?
      I am sure there are many, many more.

      --
      Don't fight for your country, if your country does not fight for you.
    27. Re:Gem of a quote by Bill_the_Engineer · · Score: 1

      While I also believe that Wikipedia shouldn't always be used as an authoritative source, it does have references and it is openly peered reviewed. It's is still an invaluable and handy reference and the accuracy of its older entries do rival those of traditional encyclopedias.

      For example, here are the references associated with the parent's wikipedia entry:

      Deitel, Harvey M.; Deitel, Paul; Choffnes, David (2004). Operating Systems. Upper Saddle River, NJ: Pearson/Prentice Hall. ISBN 978-0-13-182827-8.

      Silberschatz, Abraham; Galvin, Peter Baer; Gagne, Greg (2004). Operating System Concepts. Hoboken, NJ: John Wiley & Sons. ISBN 978-0-471-69466-3.

      Tanenbaum, Andrew S.; Woodhull, Albert S. (2006). Operating Systems. Design and Implementation. Upper Saddle River, N.J.: Prentice Hall. ISBN 978-0-13-142938-3.

      Tanenbaum, Andrew S. (2001). Modern Operating Systems. Upper Saddle River, N.J.: Prentice Hall. ISBN 978-0-13-092641-8.

      Bic, Lubomur F.; Shaw, Alan C. (2003). Operating Systems.. Pearson: Prentice Hall.

      Stallings (2005). Operating Systems, Internals and Design Principles. Pearson: Prentice Hall.

      That being said, the parent commenter quoted a stated definition of an operating system which I happen to agree with (and it happens to agree with all of my old and new computer texts). You on the other hand countered with an opinion, given within Wikipedia, as evident by the word "views" as in "Free Software Foundation views Linux..." And just because the FSF has this view doesn't necessarily make it fact.

      Just for argument sake, let's look at an "authoritative" source like the Merriam-Webster dictionary:

      operating system (noun): software that controls the operation of a computer and directs the processing of programs (as by assigning storage space in memory and controlling input and output functions) (1961)

      While the M-W dictionary does not give references (kinda hard for a dictionary), it does have a reputation for giving accurate definitions for words used in the english language. This definition correctly applies to the Linux kernel and not the GNU user land tools.

      So now we have two authoritative sources that do not support your argument that Linux is incorrectly defined as an operating system.

      But wait:

      Aside from that, we are supposed to be nerds, being in slashdot, and nerds know what OSs are. Encyclopedias don't apply in that context, because the knowledge they bring to the discussion is too shallow for people who know enough about the subject in particular.

      When the references fail to support your view, you turn to popular opinion of slashdot.

      There are different views on what an OS is, but the most common way of seeing it is that Windows XP, Ubuntu, and OSX are OSs, and Mac, kernel32 and Linux are kernels. That happens because what most people mean as Linux OS is Linux + userland.

      And just in case popular opinion fails you, let's talk about what is normally meant when "operating system" is used by the average person and not by its technical definition.

      I know I won't be able to change your opinion, but please let this comment serve to remind you that this is a trivial controversy brought on by an organization that feels like it is being slighted. While the software that FSF wrote does add value to Linux (and other more proprietary OSs), the kernel and most of the popular distributions surrounding that kernel, chose not to include GNU in the name. Therefore, not matter how much you may want everybody to say "GNU/Linux" this would be more than technically inaccurate due the fact that it was not named that way by its creators.

      In other news, EMACS (which until very recently was maintained by RMS himself) is named EMACS and not GNU/EMACS... film at eleven.

      --
      These comments are my own and do not necessarily reflect the views or opinions of my employer or colleagues...
    28. Re:Gem of a quote by Anonymous Coward · · Score: 0

      I believe it was an FTP maintainer who uploaded Linux to a directory he named "Linux". People thus called the OS Linux, and it stuck.

    29. Re:Gem of a quote by joaommp · · Score: 1

      Is having an autobiography a sign of modesty? Were he really "ridiculously modest" as you stated, he'd never find himself worthy of having an autobiography. A memories book for his family and stuff, yeah, sure... when he started getting really old... but an autobiography? He's a guy, who had an idea that turned out to be an incredible and long lasting project and that went well. He can be as arrogant and as modest as anybody else. As right and wrong.

    30. Re:Gem of a quote by Anonymous Coward · · Score: 0

      In the same breath, they say naming something after ones own name is unusual, and refer to the OS written by a guy named Linus. Hows that for irony.

      Linus named it FreakOS I believe. It was someone else who convinced him to rename it to Linux.
      That doesn't deaden the irony.

      Oops, my bad.
    31. Re:Gem of a quote by orasio · · Score: 1

      some really awkward-sounding name That's the problem right there, and why I personally say Linux. I think most people have no problem with giving attribution to GNU but not at the expense of easy pronunciation. By now, I think it's too late to change the name. GNU should have come up with a better name several years ago. And I agree that it's not very hard to find out about GNU. The FSF should realize that they need open-source because open-source is what sells. The focus should be on attracting programmers and unifying applications, closing holes in functionality to better compete with other OSs, not arguing about who made what. Leave it to the individual distros to educate their users on the usefulness of Free Software. The argument started when someone said that Linus had written an OS, in the context of a media article. The whole issue of GNU/Linux is that RMS fears that the work of the GNU will be attributed to Linus, like what happened here. It is not important because of the ego of the programmers. It is important, because the GNU project is a political movement, and producing good quality software is not its only objective. It's not about making things work, and choosing the "right" technical alternative. It's about spreading the message that software should be free, in a particular way. GNU fights for atribution, because that's what they are looking for when they write their program, and any marketing decision that ignores their branding is not a good marketing decision for GNU and its objectives.

    32. Re:Gem of a quote by doom · · Score: 1

      mccalli wrote:

      In the same breath, they say naming something after ones own name is unusual, and refer to the OS written by a guy named Linus. Hows that for irony.

      Linus named it FreakOS I believe. It was someone else who convinced him to rename it to Linux.
      This is one of the silliest things in the world to argue about in my opinion -- I can't imagine why you shouldn't name something after yourself if you feel like it -- but the case with ReiserFS is that Reiser spent years hassling around in a Russian court with some scammers who were claiming they had written all his code. Afterwards he named the project using his name, to make it clear where the code came from... it'd be a little hard to go into court claiming that you were really the author of "ReiserFS", not that Hans Reiser guy.

      And not incidentally, after this Reiser became a fanatic about giving credit where credit is due -- there were some complaints about the code spitting out messages naming the people who had worked on it, rather than hiding this stuff away in an AUTHORS file in the source, as some people prefer).

    33. Re:Gem of a quote by putaro · · Score: 1

      Well, long ago, we used to consider the kernel as the OS. It wasn't until MS started their nonsense with how the browser was really part of the OS that people started extending the definition of an OS.

    34. Re:Gem of a quote by boxxertrumps · · Score: 1

      So THAT's where I've heard his name...

    35. Re:Gem of a quote by Anonymous Coward · · Score: 0

      In the same breath, they say naming something after ones own name is unusual, and refer to the OS written by a guy named Linus. Hows that for irony. Not to mention the "Andrew File System", "Berkeley Software Distribution" (although in this case, it's the name of one's own organization), and "Stallmanix".

      Well, maybe not the last one, but I'm not sure how truthful that statement even is.
  7. /. defense by tverbeek · · Score: 5, Funny

    I'm too anti-social to be a threat to society.

    --
    http://alternatives.rzero.com/
    1. Re:/. defense by Anonymous Coward · · Score: 1, Informative

      Anti-social means something different than isolated or reclusive; it means actively doing things in disregard for the rights of others. Its symptoms are more likely to include a history of arrests rather than living a parent's basement plotting a prank on a boss. General use vs. proper use is generally okay, but in cases like these (including schizophrenic vs. DID), the general usage simply reinforces stereotypes of particular mental illnesses which stigmatizes patients and does little to educate the public about such illnesses.

    2. Re:/. defense by ShakaUVM · · Score: 3, Funny

      Nah, the Slashdot defense is: I couldn't possibly have had a wife!

    3. Re:/. defense by Anonymous Coward · · Score: 0

      What self-respecting Slashdotter can't afford to import a wife?

    4. Re:/. defense by Anonymous Coward · · Score: 0

      You remind me of the kid I went to elementary school with who liked to explain that a beagle can't actually lie on its back on top of a doghouse. He was even less popular than the boy with the leg braces, or the girl whose parents didn't speak English.

    5. Re:/. defense by anti-pop-frustration · · Score: 1

      It's funny... 'cause it's true.

    6. Re:/. defense by Freeside1 · · Score: 1

      "threat to society" is pretty close to the definition of "anti-social". I think you mean asocial.

  8. he should get some... by Anonymous Coward · · Score: 0

    Open Source advocates.

  9. My Suspicion by jjohnson · · Score: 4, Interesting

    Assuming he killed Nina (a pretty safe assumption, on the face of it), I suspect he's making an error of reasoning that hyper intelligent people and small children are prone to: Because there's no direct evidence, he can't logically conclude his own guilt from his actions, therefore no one else can.

    It's like a child hiding cookies behind his back and assuming that, since Mom can't see what's in his hands, she can't know that he's got cookies.

    There's a quote about how circumstantial evidence *is* evidence to smart people, because smart people of capable of making inferences and deductions.

    --
    Anyone who loves or hates any language, platform, or manufacturer, doesn't know what they're talking about.
    1. Re:My Suspicion by h4rr4r · · Score: 2, Interesting

      Guilty? quite possibly.
      Guilty beyond a reasonable doubt? Maybe not.
      Nina *may* have gone to Russia. Didn't her family supposedly have some "connections"?

    2. Re:My Suspicion by MightyMartian · · Score: 5, Funny

      Nina *may* have gone to Russia. Didn't her family supposedly have some "connections"?


      Well, at least some symbolic links.
      --
      The world's burning. Moped Jesus spotted on I50. Details at 11.
    3. Re:My Suspicion by Anonymous Coward · · Score: 0

      I think it's just sad that just because the guy was a geek, you think it's ok for him to commit murder and get away with it. Sad.

    4. Re:My Suspicion by jjohnson · · Score: 0, Offtopic

      Oh come fucking on. Modded 'troll' into oblivion? What's trollish about my post?

      --
      Anyone who loves or hates any language, platform, or manufacturer, doesn't know what they're talking about.
    5. Re:My Suspicion by Eternauta3k · · Score: 1

      I think it's just sad that just because the guy was a geek, you think it's ok for him to commit murder and get away with it. Sad. Normally I'd be all "justice" and shit, but come on! Someone has to work on reiserFS!
      --
      Yeah. Would you choose a neurosurgeon who pokes around people's brains in his spare time? I wouldn't.
    6. Re:My Suspicion by jwiegley · · Score: 1

      No, unless the mother saw them take the cookies, or can see the cookies presently, then she cannot *know* the child has cookies. Many past incidences of similar behavior concerning pilfered items or disobeyance have yielded a truth to the accusation after investigation. From this the mother may conclude that this is high probability that the child is again lying. In fact, the mother may view that probability so high as to call it "beyond a reasonable doubt". The child's assumption is actually correct. Mom cannot *know* he's got cookies anymore than she can *know* the the Flying Spaghetti Monster exists.

      Yes, circumstantial evidence is evidence. It supports deductions and inferences about what occurred. A truly smart person must weigh circumstantial evidence, hypothesize about all possible conclusions that such evidence supports, evaluate how probable each conclusion is given the body of such evidence and then make a judgment as to whether or not the scenario presented by the prosecutor is the most likely and beyond a reasonable doubt.

      Your cookie argument is flawed several ways. The mom can make a judgment without consequence to herself, the community or the child. There is no penalty to her being right or wrong; this is not true for the Reiser case. The mom has the means to coerce the situation and investigate to determine truth. This cannot be done in the Reiser case and therefore you must analyze and act on only the evidence that is available. The cookie case is far too simplistic and common to draw analogies to Mr. Reiser's case.

      Yes, smart people are capable of deduction and inference. Ask any magician and they will also tell you that smart people are some of the easiest to trick in to false deductions and incorrect inferences.

      --
      I will never live for sake of another man, nor ask another man to live for mine.
    7. Re:My Suspicion by Adambomb · · Score: 2, Insightful

      Yeah, I hate believing people are innocent until proven guilty too.

      Oh yeah, and why waste time investigating another possible lead when its easier to just mount a better case against the guy in question.

      wait.

      As i've said in other posts, i'm not saying i think he is guilty nor not guilty. The fact of the matter remains that there is no body, and the evidence is pretty highly stacked and yet localized in a slightly suspect fashion (IE: the books on crime in the vehicle?). Granted the circumstancial evidence is pretty damning, especially the removed seat and such that another post mentioned and the fact that he picked up his kids at school when it was supposed to be their mothers turn to do so.

      It still all boils down to inference based on circumstantial evidence. Now, if there was further investigation into sturgeon and they found nothing to go on whatsoever, THEN it would all be downright damning.

      What the hell has happened to the concept of justice, when did it become "once in the courts, its a versus b and ignore the rest".

      --
      Ice Cream has no bones.
    8. Re:My Suspicion by jjohnson · · Score: 1

      The cookie case is far too simplistic and common to draw analogies to Mr. Reiser's case.

      The cookie case was illustrative, not analogous. I'm impressed with how seriously you took it, though.

      Nowhere do I suggest that the standard of evidence should be lower than "beyond a reasonable doubt"; nor that the jury shouldn't be very careful about inferring guilt from circumstantial evidence. My point was speculative, about how (assuming he's guilty) Reiser or his lawyer could argue that all the circumstantial evidence does not add up to guilt beyond a reasonable doubt--i.e., a miscalculation on the part of someone very smart about what's believable and what's not.

      Honestly, from what I know of the case, I think Reiser did it--I have trouble believing that much damning circumstantial evidence couldn't indicate guilt. However, I'm well aware that I'm not on the jury, and there's probably lots I don't know about it, so I don't go around saying "GUILTY GUILTY GUILTY". But I won't be surprised if that's the verdict.

      --
      Anyone who loves or hates any language, platform, or manufacturer, doesn't know what they're talking about.
    9. Re:My Suspicion by PPH · · Score: 1

      From TFA, it appers that they don't have definitive proof that his wife is even dead. If one asumes she is, they only have circumstantial evidence that Hans committed the crime.

      That is two hurdles the prosecution must jump over.

      --
      Have gnu, will travel.
    10. Re:My Suspicion by lysse · · Score: 1

      Because hyperintelligent people are just so, you know, unintelligent.

    11. Re:My Suspicion by aim2future · · Score: 1

      What happened to /. ? I see ads in the middle of the comment section. Seems to be after comments which has been modded up. This is going too far I would say! OK, I can take them away with my privoxy but I don't like it. (update: I was in wrong browser, not logged in)

      About Hans Reiser's trial I'm following it daily through Google Alerts. I do not have an opinion about whether he is guilty or not, but I can surely understand that at some point in Sept 2006 after Nina had disappeared the police started to become suspected of Hans. And, what can make you behave more suspicious than being suspected? It is really a terrible situation and I feel a great sympathy for Hans. I really hope he didn't do it, but this whole process shows how terribly hard, I would say impossible, it must be to judge someone fairly. I have been in a situation where I too was accused of something, not at all as serious as this, but it seemed as my "geeky" attempts to prove my innocence had the opposite effect on the court. There I had real substancial proofs (a manual and a product) and a sentence from the other side which was a genuine lie, which I could easily show as it counteracted the specification in the manual. It seems as the court just laughed about this and considered me guilty anyway. Then I lost my confidence in this type of system.

      It is really a pity for the Linux community that Hans has not had the opportunity to get ReiserFS4 to become an accepted standard earlier. For my own I run ReiserFS3 on almost all of my computers. I've seen some hints that git, may actually be an alternative.

    12. Re:My Suspicion by jjohnson · · Score: 1

      They're not unintelligent. But smart people make different errors than dumb people do. They reason their way into idiocies, rather than just accept them. And geniuses make mistakes unique to themselves.

      --
      Anyone who loves or hates any language, platform, or manufacturer, doesn't know what they're talking about.
    13. Re:My Suspicion by Anonymous Coward · · Score: 0

      you think it's ok for him to commit murder and get away with it. Sad.

      What murder? Do you see a body?

      The worst thing that anyone could be accused of here is being implicated in some kind of "disappearance", because she has definitely disappeared. For murder to have occurred, there would have had to be a death. There is no evidence at all that the wife is dead. What your mind believes is not on trial.

      I have no idea what happened here, but not only is there no dead person, there is not even any good evidence that he killed anyone at all or even intended to or wanted it to happen. There is just a bizzare peppering of wierd events in this case, without any cohesive thread, and the evidence for doing *something* could point at pretty much anyone in this happy "extended family" of theirs.

      If a body or other clear sign of death appears then it's another matter altogether. But accusing someone (not necessarily him) of murder when there is no evidence of death just makes no sense.

    14. Re:My Suspicion by void* · · Score: 1

      There's a quote about how circumstantial evidence *is* evidence to smart people, because smart people of capable of making inferences and deductions.

      There also quite capable of making incorrect inferences and deductions. The proof of that is in a google search for "DNA freed circumstantial evidence".

      With the child, Mom can just look in the kids hands, and will immediately know if her innferences and deductions are correct. In many circumstantial evidence cases, it's not that simple.

      --


      Code or be coded.
    15. Re:My Suspicion by Ndiin · · Score: 1

      So we put him in jail and give him a laptop. He may never know the difference from his basement!

    16. Re:My Suspicion by Chemisor · · Score: 1

      > Assuming he killed Nina (a pretty safe assumption, on the face of it)

      Assuming that he is guilty until proven innocent is a very dangerous assumption indeed. Not just for him, but for you and all the rest of us in the near future.

    17. Re:My Suspicion by Nazlfrag · · Score: 1

      Not much, but apart from the fact that nobody knows if she's dead or not, you did compare his intelligence to that of a naughty child.

    18. Re:My Suspicion by Anonymous Coward · · Score: 0

      that another post mentioned and the fact that he picked up his kids at school when it was supposed to be their mothers turn to do so.

      Hans had already been told Nina had gone missing by this point.

    19. Re:My Suspicion by dbcad7 · · Score: 1
      Nina *may* have gone to Russia

      Actually, I think the defense messed up that possible scenario.. When searching for info on the mail order bride part of it, I found that the defense showed her mail order bride profile, and then went on to state that as late as the last day she was seen, that she was looking on craigslist for new romance partners... so in attacking her character by insinuating that she was using romance to get what she wanted.. they have brought up a scenario that makes it highly unlikely that she is in Russia.. why would she be looking for local romance the day she was fleeing to Russia ??

      --
      waiting for ad.doubleclick.net
  10. risky defense by timmarhy · · Score: 4, Interesting
    it's very risky this type of defense. it might be seen that he's so smart, that maybe he KNEW he could use this kind of defense and planned on hiding out in the open so to speak.

    personally i find it strange they aren't looking closer at the cross dressing lover who has admitted to killing people in the past.

    also there is no body yet, so i don't understand how exactly they are mounting a murder case against him? for all they know this is all staged by his bitter russian bride in an attempt to get back at him, stranger things have happened.

    --
    If you mod me down, I will become more powerful than you can imagine....
    1. Re:risky defense by Anonymous Coward · · Score: 0

      I agree wrt the weakness of the case. Or I did, anyway. The bit about Münchhausen's syndrome was new to me, and is actually a pretty solid motive for offing your spouse.

      But stressing the guys intelligence will only evoke images of mad scientists, and James Bond style (soon my shiny device will kill everyone ha ha ha) terrorists.

    2. Re:risky defense by tverbeek · · Score: 2, Interesting

      You don't need a body for a murder trial and conviction. Think about it: that would mean that successfully getting rid of the body would be a Get Out Of Jail Free card. All they need is 1) enough evidence of a crime to persuade a grand jury that it's worth trying, and 2) enough evidence that he did it to persuade the regular jury that he's guilty. It doesn't have to be a logically sound proof, just a convincing one.

      --
      http://alternatives.rzero.com/
    3. Re:risky defense by noidentity · · Score: 1

      personally i find it strange they aren't looking closer at the cross dressing lover who has admitted to killing people in the past.

      Did you include that detail because cross-dressers are known to be violent or something?

    4. Re:risky defense by Adambomb · · Score: 1

      Yeah, of archetypes I expect to decide to murder me, i'd have to place cross-dressers waaaayyyy the hell down on the list.

      --
      Ice Cream has no bones.
    5. Re:risky defense by Anonymous Coward · · Score: 2, Insightful

      How many geeks here have bit their tongue when you had something to say - something that to you is infallible, cold hard logic - that you knew others would misinterpret?

      If I were accused of murdering someone in a dumb way, I would immediately be thinking "Wow, that's dumb, I would never kill someone like that. This way would be so much simpler". I have no desire or intention of killing another, but that's just how I think - why would I go through all that trouble if there was an easier way? So it couldn't have been me. And it would make perfect sense to me, but I'm betting others would interpret it as the complete opposite.

      So yes, it makes _some_ sense to me that someone could be intelligent but socially dumb, and trip up doing something others would think make you guilty. Most of us, I suspect, are just smart enough to not let that happen. Of course this Reiser case is just whacked out from all angles, so who knows what the truth is anymore.

    6. Re:risky defense by timmarhy · · Score: 1
      There's lots of unstable violent cross dressers - think whats it's like in jails and the like. somehow i think this guy falls into that category, of mental instability.

      --
      If you mod me down, I will become more powerful than you can imagine....
    7. Re:risky defense by timmarhy · · Score: 4, Insightful
      I can't believe you can go to a murder trial with so LITTLE evidence she is dead though. they found some small blood samples in his car and garage.

      those could be explained easily in normal circumstances, even easier with his wifes known affair with a BDSM freak. maybe at some point her and her lover got freaky in the garage before the divorce?

      so we have that and we have a book on famous murder trials. wow really compelling case there, you can't even prove she's dead let alone who killed her.

      --
      If you mod me down, I will become more powerful than you can imagine....
    8. Re:risky defense by springbox · · Score: 1

      [citation needed]

    9. Re:risky defense by DeftPunk79 · · Score: 1

      Although a body isn't NEEDED to go to trial, it is very rare for a murder case without a body to go to trial. Usually requires something like a large pool of the victims blood, or something else that shows that the victim is definately dead. I am surprised this is even going to trial if it is possible that she just flew off back to Russia. Of course there could be evidence that authorities aren't releasing to media. It doesn't sound to me that the prosecution can prove guilt beyond a shadow of a doubt with the evidence that I am aware of.

    10. Re:risky defense by jbengt · · Score: 2, Interesting
      More to-the-point details from TFA:

      The cross-dressing bondage and discipline enthusiast had been "maid of honor" at their wedding.

      Sturgeon, who in addition to his role as Hans's friend and Nina's lover, told investigators that he killed eight people.
    11. Re:risky defense by quantaman · · Score: 1

      it's very risky this type of defense. it might be seen that he's so smart, that maybe he KNEW he could use this kind of defense and planned on hiding out in the open so to speak.

      The problem with that theory is virtually all the evidence against him is circumstantial evidence stemming from his bizarre behaviour. Perhaps he can downplay the effect of that evidence with a geek defence, but he would still have seemed far less guilty if he didn't act suspiciously in the first place.

      also there is no body yet, so i don't understand how exactly they are mounting a murder case against him? for all they know this is all staged by his bitter russian bride in an attempt to get back at him, stranger things have happened. Normally people would consider the sneaking back to Russia theory to be a crazy conspiracy theory. However I'm beginning to wonder if the people involved are actually crazy enough that she would have done something like that. Russian brides, affairs with crazy cross-dressing and possible serial killer maids of honor, aspergers, Linux, maybe the defence is thinking that if everyone involved is completely bizarre and doing bizarre things than the jury might buy the theory that the wife did something as bizarre as framing him.
      --
      I stole this Sig
    12. Re:risky defense by timmarhy · · Score: 1
      no citation needed

      fucking look on wiki yourself at famous serial killers, it reads like a discription of this strugeon guy. sexually confused, violent and fantasy's of killing people (assuming he didn't even though told police he killed 8 people, it means at the very least he has a fantasy involving it).

      and before you try setup a strawman argument, no not all cross dressers are killers or even violent. But in some cases where there are other factors involved it is a sign that things aren't right.

      --
      If you mod me down, I will become more powerful than you can imagine....
    13. Re:risky defense by EVil+Lawyer · · Score: 1

      You're making it sound as if that's the only defense they're using, when it's not. You're allowed to use as many defenses as you'd like.

    14. Re:risky defense by Anonymous Coward · · Score: 0

      There's lots of unstable violent cross dressers - ...

      Maybe that's because it's the unstable violent ones that you hear about in the news.

      I mean, you're not going to hear about the quiet stable ones on the 6:00 news, are you?

    15. Re:risky defense by QuantumG · · Score: 4, Informative

      I believe the reason the judge let the case go ahead was because Hans was demanding a speedy trial (as is his right) so the judge wanted to give the prosecution time to get their case together.. even after getting Hans to waive his right to a speedy trial and delaying it so Hans' lawyer could go on holidays, the prosecution still couldn't come up with any more evidence.

      What really sucks is that at the conclusion of the prosecution, Hans' lawyer asked for the case to be dismissed on the evidence. Because this is a standard thing for the defense to do, the judge didn't even consider it. He has publicly said that the case has no evidence, but he won't throw the case out on two separate occasions.

      --
      How we know is more important than what we know.
    16. Re:risky defense by timmarhy · · Score: 1

      the whole thing is bizzare. for a start why would you allow someone as batshit crazy as this sturgeon character anywhere near your family?

      --
      If you mod me down, I will become more powerful than you can imagine....
    17. Re:risky defense by vidarh · · Score: 1

      While there's no proof she's dead, there ARE a lot of indications she at least didn't disappear of her own free will. She just got a new job, she left her kids, she's made no further withdrawals on her bank accounts, and a lot of other details. Doesn't mean it can't have happened, but if I was a prosecutor I'd be reluctant not to at least try given all the weird stuff in this case.

    18. Re:risky defense by vidarh · · Score: 1

      Most serial killers are described by a lot of people who know them as nice people. I'd venture to say that a lot of people who are "batshit crazy" learns to hide it well enough to function normally. Of course we don't really know whether or not this Sean Sturgeon character is as crazy as he looks - most of what's been written about him in the media is a result of his court battles with Reiser in the past where Reiser made lots of bizarre claims about him, combined with his supposed confession of multiple murders. However, since the original articles about that I've heard nothing - you'd expect the media would've been all over someone confessing to being a serial killer. Either something funny is going on, or the police checked it out and found the story to be bullshit, if he even did confess in the first place.

    19. Re:risky defense by Fizzl · · Score: 1

      Atleast where I live, a person has to be missing for atleast 7 years before she can be pronounced dead. It would totally suck to be convicted of murdering someone who will be alive in paper for atleast 7 more years.

    20. Re:risky defense by SRA8 · · Score: 2, Interesting

      You should know that prosecuting an individual in this country of often little about guilt and more about convictability. Meaning, the yield DAs are measured on is how many people they can convict, not whether these people are guilty or innocent. While I hope and think many DAs feel that guilt=convictability, we have seen from other fields how incentives skew decisions. Note how CEOs think short term to get their options to vest deep in the money, damn the long term implications. So to answer your post -- yes, there is little evidence, but the guy is a nerd and can probably be convicted, and it will make some people in the government look very good, so damn his innocence. Unfortunate, but it seems to happen all the time. On the flip side, if you are rich, good looking, and a socialite, you can get away with drugs, guns, etc. Just check out a typical college campus -- if prep schools were busted the way inner cities are busted, half the school would be in jail on possession charges.

    21. Re:risky defense by Charbox · · Score: 1

      You can bet your bottom dollar that the cross dressing lover who has admitted to killing people in the past will be called to the stand at trial. The fact that not much attention has been paid to him will work to Reiser's advantage. The more the prosecution ignores the guy, the more the defense will have the weight of surprise. That guy is reasonable doubt, packaged and bundled and tied in a bow, and he would be under much stronger evidence, too.

    22. Re:risky defense by StrategicIrony · · Score: 1

      There are numerous examples of DAs who managed to hide or submarine important evidence of innocence in order to get another conviction on their record.

      Even when faced with obvious and clear evidence the guy is innocent (such as recent DNA testing), many (most) will fight and scrap to ensure he doesn't receive another trial. Most of the time they fail and the guy gets a new trial in the case of DNA evidence, but I can recall a documentary I saw awhile back about some guys who hired a private DNA lab to run the evidence. The lab pulled hard DNA evidence that he was innocent, but the DA managed to keep it out of court, essentially guaranteeing an innocent man staying in jail... simply because it would look bad on his resume...

      That's standard behavior as far as I'm aware...

  11. The Geek Defense Argument by mincognito · · Score: 4, Funny

    1. killing ones wife requires having a wife to kill
    2. the accused is a geek
    3. geeks cannot have wives
    4. the defense rests

    1. Re:The Geek Defense Argument by calebt3 · · Score: 1

      OK, so you've established that Reiser is not a geek...
      So what is he?

    2. Re:The Geek Defense Argument by Renderer+of+Evil · · Score: 5, Funny

      OK, so you've established that Reiser is not a geek... So what is he?
      Hans Reiser is a general-purpose, journaled collection of cells that relies on DNA metadata to reduce internal fragmentation.
    3. Re:The Geek Defense Argument by Apiakun · · Score: 1

      A murderer?

    4. Re:The Geek Defense Argument by jollyreaper · · Score: 1

      1. killing ones wife requires having a wife to kill
      2. the accused is a geek
      3. geeks cannot have wives
      4. the defense rests 5. Why would a wookie live on endor with a bunch of ewoks?
      6. someone's head explodes
      7. Acquittal
      --
      Kwisatz Haderach
      Sell the spice to CHOAM
      This Mahdi took Shaddam's Throne
    5. Re:The Geek Defense Argument by Ngarrang · · Score: 0

      OK, so you've established that Reiser is not a geek... So what is he?
      Hans Reiser is a general-purpose, journaled collection of cells that relies on DNA metadata to reduce internal fragmentation. *applause* You, sir, almost owed me a new laptop keyboard. I feel so generalized now.
      --
      Bearded Dragon
    6. Re:The Geek Defense Argument by Ron+Harwood · · Score: 1

      Bravo. You sir have the honour of having the funniest reply that I have seen _ever_ on slashdot. If I could mod you higher than 5 - I would.

    7. Re:The Geek Defense Argument by Anonymous Coward · · Score: 0

      geeks should have the rights to have wives. THis is basic human right in the consitiution.

  12. What serious evidence is there against him? by MikeRT · · Score: 5, Interesting

    Sean Sturgeon confessed to killing eight people. If I were the homicide detective, you damn well better believe I'd be urging the prosecutor to dismiss the charges without prejudice so that the scope of the investigation could be brought to bear on HIM, now. The guy is into "death yoga," serious BDSM and confessed to killing eight people. The guy is a total loon based on what has come out, and he'd probably score very dangerously high on a sociopath scale. Hans might be the killer, but if I were a cop, I'd have spat my coffee out all over the report in shock when I read that Nina had gotten herself involved with a guy who sounds like a real nutjob who probably killed her.

    Unless they found Nina's blood all over Reiser's car, they don't have much to go on. Even then, it's not unrealistic to think that Sturgeon might have tried to frame Reiser.

    The details of this case are very sordid. I wouldn't put it past the prosecutors to be ignoring sturgeon's high probability of guilt out of pride because they "have their man." This is one of the reasons why I unabashedly support making it impossible to give a life sentence or execution without a minimum of two credible witnesses, and serious penalties (that can include execution in murder cases) for those who commit perjury.

    1. Re:What serious evidence is there against him? by jmauro · · Score: 1, Informative

      Unless they found Nina's blood all over Reiser's car

      I think they did, which is why he was charged over other possible suspects.

    2. Re:What serious evidence is there against him? by Anonymous Coward · · Score: 0

      OK, from now on I'll only kill someone if there is only one witness around.

    3. Re:What serious evidence is there against him? by Anonymous Coward · · Score: 5, Insightful

      The guy is into "death yoga," serious BDSM and confessed to killing eight people. The guy is a total loon based on what has come out, and he'd probably score very dangerously high on a sociopath scale.


      'Serious BDSM' is what I do sometimes, but it has nothing to do with being a sociopath!

      If BDSM is not your piece of cake, fine, but do not put it at the same level as killing people because you simply do not understand it.

    4. Re:What serious evidence is there against him? by orasio · · Score: 1

      Keep thinking, and you should come to the conclussion that death penalty is wrong. Put all the arbitrary restrictions and safeguards you want, and you will keep sending innocents to death.

    5. Re:What serious evidence is there against him? by Anonymous Coward · · Score: 2, Insightful

      Since when was being into "serious BDSM" grounds for making an individual out to be anything other than safe, sane and consensual? You don't convince somebody to keep letting you tie them up by hurting them so badly they never want to do it again. Not to mention the fact that most men and women aren't interested in hardcore BDSM on the first date either.

      I am actually a bit appalled by societies continual desire to debase somebody and make them out to be sick and twisted simply because they choose to engage in slightly less mainstream sexual activities. Despite the fact that the majority of the population engages in BDSM of one form or another at some point in time, enjoying BDSM does NOT in anyway have any link to being deranged or twisted or mentally unstable. If anything, I would argue that the mo intelligent an individual, the more likely they are to engage in BDSM in the first place. That doesn't mean there aren't twisted, sick people who happen to like and engage in BDSM but then again, there are good Christians who also kill and maim and you don't see people making the link between that and antisocial acts.

      Surely the "technogeek" Slashdot crowd is by and far more likely to engage in BDSM than sheeple at large. At least, slowly, attitudes are changing towards BDSM but we still have a long way to go. At least you can buy a sex toy in Texas. Only took what, 30 years to get that law off the books? And we had to go through judicial interpretation in order to do so. Thanks for nothing, Texas Legislature.

    6. Re:What serious evidence is there against him? by Adambomb · · Score: 4, Interesting

      No, they found items containing her blood (sleeping bag), and there was blood samples in Reisers garage.

      Strangely enough though, this is one case where i would expect it to warrant further investigation as A) Nina Reiser was a physician and B) as the GP stated, Sean Sturgeon is one frightening fucking individual. That gives the knowledge necessary for such things to be possible, combined with a nature that has done such things before.

      I'm not saying for sure one way or the other, but don't you think the friggan BOOKS ON CRIME they found along with it all as rather like someone padding the bill? (Plus what kind of programmer wouldn't think to properly destroy those objects so no one finds them wasting in memory heh). Not certainty by any means, but worthy of investigation.

      --
      Ice Cream has no bones.
    7. Re:What serious evidence is there against him? by jjohnson · · Score: 2, Interesting

      The guy is a total loon based on what has come out

      I suspect that's why they dismissed him as a suspect--after investigating him, they decided he was a total whackjob. The fact that he hasn't been charged with the eight murders to which he confessed (AFAIK) suggests that they don't find him credible.

      --
      Anyone who loves or hates any language, platform, or manufacturer, doesn't know what they're talking about.
    8. Re:What serious evidence is there against him? by Skapare · · Score: 1

      The prosecutor cannot ask the court to dismiss without prejudice, now. How would that look? You see, unlike Hans, the prosecutor is one of those kinds of people that cares more about how he looks than what he does. If that were not so, he would have a decent job (one with more fulfilling rewards in life). So, of course, he will proceed with the case.

      --
      now we need to go OSS in diesel cars
    9. Re:What serious evidence is there against him? by AlexBirch · · Score: 1

      This is one of the reasons why I unabashedly support making it impossible to give a life sentence or execution without a minimum of two credible witnesses

      I agree. After your proposed changes are made, do you want to take a drive with me to a secluded area?

    10. Re:What serious evidence is there against him? by Anonymous Coward · · Score: 0

      Cavness said another thing she noticed is that there was a bumper sticker on the back of Reiser's car which said, "Practice random acts of kindness and senseless acts of beauty."

      Yep, that's a sure sign he's a killer alright. WTF they're ready to convict the guy just because they don't like his bumper sticker?

    11. Re:What serious evidence is there against him? by Anonymous Coward · · Score: 0

      It most certainly does have something to do with being a sociopath. BDSM evidently doesn't stand for anything specific (thanks Wikipedia - article is NSFW!) but the S can stand for Sadism. And Sadism, or the technical "sadistic personality disorder," is most certainly a sign of psychopathy.

      Combined with admitting to killing eight people and the crossdressing, it's obvious that something is not quite right in his head.

      BDSM is also a sign that something is not quite right in your head, but presumably not to the degree of homicide. You might want to ses a psychiatrist, sadomasochism is considered a psychological disorder.

    12. Re:What serious evidence is there against him? by Anonymous Coward · · Score: 0

      Just FYI: there are parts of the world (I'm talking about the civilized western world) where the fact that there is no body and no trace of a person is enough to assume that the person has been murdered.

    13. Re:What serious evidence is there against him? by Anonymous Coward · · Score: 0

      "'Serious BDSM' is what I do sometimes"

      I find your ideas intriguing and would like to subscribe to your newsletter.

    14. Re:What serious evidence is there against him? by MBCook · · Score: 1

      Yes. How could a link between violence/pain and sexual pleasure ever go wrong.

      It's not like that's been seen before.

      I'm not going to say it makes him guilty, it's just one more card in the deck. If I had to choose the possibly Autistic husband or the lover who was into BDSM, confessed to 8 murders, and enjoyed something called "death yoga"... I'm not going to learn towards the husband.

      --
      Comment forecast: Bits of genius surrounded by a sea of mediocrity.
    15. Re:What serious evidence is there against him? by Anonymous Coward · · Score: 0

      If I had to choose the possibly Autistic husband or the lover who was into BDSM, confessed to 8 murders, and enjoyed something called "death yoga"... I'm not going to learn towards the husband.

      Ok, that's fair. How about if you had to choose between the perfectly normal husband who was into BDSM or the lover who was autistic, confessed to eight murders, and enjoyed something called "death yoga"?

    16. Re:What serious evidence is there against him? by Anonymous Coward · · Score: 0

      You are using the Straw Man Argument, which is a logical fallacy in proper debating.

    17. Re:What serious evidence is there against him? by mrbluze · · Score: 1

      If BDSM is not your piece of cake, fine, but do not put it at the same level as killing people because you simply do not understand it.

      Reminds me of the muppet show, where Gonzo the Great is doing something eg: smashing a woman to bits with a sledge hammer screaming, "Art!" *smash* "Art!" *smash* "Art!"

      Not that BDSM involves sledge hammers, or puppets, mind you.

      --
      Do it yourself, because no one else will do it yourself. [beta blockade 10-17 Feb]
    18. Re:What serious evidence is there against him? by MBCook · · Score: 1

      In that case? Still the lover. The whole confessing to 8 murders thing prevents things from being a tough call.

      Like I said, that's not enough to make a decision on. Between two otherwise perfectly normal people, it would weight my decision, but it wouldn't be enough to sway me.

      Whether it's relevant or not is debatable. But it's being reported anyway, almost certainly because it's salacious. And because of that, people remember and repeat it.

      --
      Comment forecast: Bits of genius surrounded by a sea of mediocrity.
    19. Re:What serious evidence is there against him? by glwtta · · Score: 2, Insightful

      BDSM is also a sign that something is not quite right in your head, but presumably not to the degree of homicide. You might want to ses a psychiatrist, sadomasochism is considered a psychological disorder.

      In common parlance, "sadomasochism" refers to just about any kind of power play, and has absolutely nothing to do with clinical psychopathy.

      Here's a tip: if you need to look up the definition of a sexual practice on Wikipedia, you are probably not entirely qualified to categorize the whole thing as a psychological disorder.

      Of course, it all depends on what they actually mean by "serious" BDSM; given his other proclivities it could easily lie well outside the definition that most people who are actually into BDSM would use.

      Let's put it in Slashdot-friendly terms: adding BDSM to the list of evidence of being a crazy person is about as justified as claiming that the presence of encryption software on a computer is evidence of criminal intent.

      --
      sic transit gloria mundi
    20. Re:What serious evidence is there against him? by EVil+Lawyer · · Score: 1

      Further, WTF does practicing Death Yoga have to do with indicating that someone is likely to have killed someone else? You think that just because it sounds scary, this means that it's something only done by homicidal maniacs?

      From W'pedia: Death yoga (or 'death practice') is another important aspect of Tantra techniques. Although it is called Death yoga, most of the practice actually happens during life. It is the accumulation of meditative practice that helps to prepare the practitioner for what they need to do at the time of death. At the time of death the mind is in a state (clear light) that can open the mind to enlightenment, when used very skillfully. It is said that masters like Lama Tsong Khapa used these techniques to achieve enlightenment during the death process. Actually, there are three stages at which it is possible to do this; at the end of the death process, during the bardo (or 'in between period') and during the process of rebirth. During these stages, the mind is in a very subtle state, and an advanced practitioner can use these natural states to make significant progress on the spiritual path. The Tibetan Book of the Dead is an important commentary for this kind of traditional practice.

    21. Re:What serious evidence is there against him? by Anonymous Coward · · Score: 5, Funny

      'Serious BDSM' is what I do sometimes...

      If BDSM is not your piece of cake, fine, but do not put it at the same level as killing people because you simply do not understand it.


      *sighs*

      You OS X people are all alike. And it's "BSD", not "BDSM."

    22. Re:What serious evidence is there against him? by Anonymous Coward · · Score: 0

      Let's put it in Slashdot-friendly terms: adding BDSM to the list of evidence of being a crazy person is about as justified as claiming that the presence of encryption software on a computer is evidence of criminal intent.
      Very good analogy!
    23. Re:What serious evidence is there against him? by Gareshra · · Score: 0

      Actually BDSM has been revoked of it's psychological disorder status, with the exceptions being that if it causes extreme interferences in day to day living, or if it is the only way of reaching orgasm for a period of over 6 months. Don't presume to know about things you don't. It's not a disorder, it's just a preference. There was a time when masturbation was considered a psychological disorder, and if you think that BDSM is a disorder, you should probably extend that status to other fetishes, such as fixation on nurse or schoolgirl outfits, or even, a taste for tight miniskirts. Surprisingly, most sexual sadists(and I say most...there are exceptions) are actually better attuned to what their masochistic partner wants than most average couples, because they have to be. If they aren't, then the masochistic can just end the whole thing right there and take off because they can't trust their sadist. There's a lot more communication and trust in a sadomasochistic relationship than people give credit for. Anyways, that went on longer than I intended to it, but to sum up, don't stereotype or judge without doing a lot of research to back up your claims beforehand. I don't doubt that guy who killed 8 people has something wrong with him, but types like him are usually shunned and ostracized by the BDSM community because they have a tendency to not play by the rules. They tend to enjoy causing pain without the consent of others, which, btw, is a sign of a psychological disorder.

    24. Re:What serious evidence is there against him? by crenshawsgc · · Score: 1

      Sounds good; I would wager that if you have encryption software on your machine and use it, you are More Likely to be a criminal; if you are in BSDM or whatever you call it, you are More Likely to be a deviant ("crazy").

    25. Re:What serious evidence is there against him? by Gareshra · · Score: 0

      Also, I forgot to mention, but the categorization mentioned was from the DSM-IV and was slightly paraphrased. If I made an error feel free to fact check and correct it, but the gist of the categorization was in there.

    26. Re:What serious evidence is there against him? by rhizome · · Score: 1

      I'm not going to say it makes him guilty, it's just one more card in the deck. If I had to choose the possibly Autistic husband or the lover who was into BDSM, confessed to 8 murders, and enjoyed something called "death yoga"... I'm not going to learn towards the husband.

      How come he doesn't get any cards for all the people who engage in BDSM, death yoga, and/or confession while not killing anybody?

      --
      When I was a kid, we only had one Darth.
    27. Re:What serious evidence is there against him? by asdfghjklqwertyuiop · · Score: 1

      Well you sure lost both of those bets. Practically any computer with a web browser made within say, the last 10 years has encryption software on it.

    28. Re:What serious evidence is there against him? by Anonymous Coward · · Score: 0

      > If BDSM is not your piece of cake, fine, but do not put it at the same level as killing people because you simply do not understand it.

      That's just the kind of explanation I'd expect from a killer!!!

    29. Re:What serious evidence is there against him? by RedWizzard · · Score: 1

      this is one case where i would expect it to warrant further investigation as A) Nina Reiser was a physician You've made this statement a couple of times. Why? I don't see the relevance.
    30. Re:What serious evidence is there against him? by bytta · · Score: 1
      I'm pretty sure killing eight people scores a lot higher on the sociopath scale than "death yoga" and serious BDSM.

      But I'm not into any of these things so I can't be sure.

    31. Re:What serious evidence is there against him? by Anonymous Coward · · Score: 0

      If BDSM is not your piece of cake, fine, but do not put it at the same level as killing people because you simply do not understand it.


      I think you missed the part about death yoga and confessing to killing eight people. Unless you also do those things, you have not been placed on the same level as Nina Reiser's ex-lover.
    32. Re:What serious evidence is there against him? by Anonymous Coward · · Score: 0

      Actually, it's more like http://en.wikipedia.org/wiki/Faulty_generalization ("here are three people who were into bdsm and killed people, therefore everyone into bdsm may kill people")

    33. Re:What serious evidence is there against him? by zippthorne · · Score: 1

      Why would they have to drop the charges against Hans just to also investigate the other loon?

      --
      Can you be Even More Awesome?!
    34. Re:What serious evidence is there against him? by Anonymous Coward · · Score: 0

      you cant be serious ? poor baby being discriminated against ? (but loves BDSM!!?)

      get some fucking help.

    35. Re:What serious evidence is there against him? by tm2b · · Score: 1

      BDSM is also a sign that something is not quite right in your head,
      If you don't enjoy being tied up by your lover from time to time and being ravished, or vice versa, I submit that there's something not quite right in your head.
      --
      "It is our blasphemy which has made us great, and will sustain us, and which the gods secretly admire in us." - Zelazny
    36. Re:What serious evidence is there against him? by Astro+Dr+Dave · · Score: 1

      You don't convince somebody to keep letting you tie them up by hurting them so badly they never want to do it again.

      Certainly that's true for healthy individuals, but I suspect there are plenty of people with co-dependent personalities who would likely do just that. How many battered women keep going back to an abusive boyfriend or husband, even to the point of making excuses for his behavior?

    37. Re:What serious evidence is there against him? by fbhua · · Score: 1

      What are you? A Lotus Notes admin? That should count as industrial strength BDSM.

    38. Re:What serious evidence is there against him? by Antique+Geekmeister · · Score: 1

      You've clearly not read the evidence. They found blood in his house and his car (too washed out to do good DNA on? I suspect Hans used bleach on it to clean up.) and the passenger seat of his car is missing, along with his ex-wife's body. He'd borrowed his mother's car for driving, without explaining why he needed it.

      Frankly, he's behaving like ReiserFS behaves with files it has corrupted, trying to pretend innocence while deleting the evidence.

      Sturgeon is an interesting problem, but how could Hans not know what happened to the seat of his car? And why did the police have to tail him to find out where it really was? That's not the evidence of a super-geek, that's tan idiot who hasn't figured out how to fully get rid of the evidence of his guilt.

    39. Re:What serious evidence is there against him? by dasunt · · Score: 2, Insightful

      No, they found items containing her blood (sleeping bag), and there was blood samples in Reisers garage.

      I really, really wish they'd go into details about this.

      The other day, I scratched part of my leg through my jeans. I didn't think about it until that night when I found a quarter-sized stain on my skin (and presumably on my black pants). Congrats, I now have blood-stained pants.

      Blood on a sleeping bag seems probable enough. What's the alternative? He put her in a sleeping bag, drove to the middle of nowhere, disposed of the body after taking it out of the sleeping bag, and brought the sleeping bag back? (But did dispose of the car seat, because a missing sleeping bag wouldn't be overlooked, but a car seat would have been?)

      Seems odd.

      The blood in the garage could also be innocent or damning. Is it a few drops on a workbench? Or is it a few drops leading directly from the house to where the car is normally parked? Of course, the latter has innocent explanations as well (someone going to the ER to get some stitches, someone going to the car to grab a bandage from the car's first aid kit, etc).

    40. Re:What serious evidence is there against him? by j_w_d · · Score: 1
      You've made this statement a couple of times. Why? I don't see the relevance.

      Think about it. It is pretty clear what he's suggesting. Nina is apparently not only a doctor, but also may be into BDSM. On top of that, she ALSO has motive for an attack on Reiser. In divorce, motive doesn't generally incline in one direction only. So, a physician, presumptively capable of blood draws, and not afraid of personal pain, disappears and - WOW - blood is found in her ex's garage and car. Could be murder, could be a frame. This is admittedly more complicated than the stupid criminal hypothesis, which assumes that the simplest idea the police come up with is the best, and generally is. However, merely because it is simplest, doesn't make it the correct one. Both hypotheses can account for all the case's facts. That is often the problem with circumstantial evidence, the circumstance is the fact, everything else is supposition and speculation. Nina could be back in Russia and it is unlikely that anyone here would ever know.

      --
      ------ The only greater hazard to your liberty than n politicians is n+1 politicians.
    41. Re:What serious evidence is there against him? by Anonymous Coward · · Score: 0

      BDSM shows evidence of serious mental problems.

      You can argue it all you want. But you're just not right. And shouldnt be allowed to exist.

    42. Re:What serious evidence is there against him? by vidarh · · Score: 1

      I believe the GP took issue with why the person who made the original statement felt the need to include BDSM on the list. Frankly, just pointing out he confessed to killing eight people should be sufficient - the BDSM and death yoga bits seems rather insignificant and pointless, unless you're someone who actually think that practicing either make you significantly more likely to be a murderer, in which case I'd really like to see references.

    43. Re:What serious evidence is there against him? by Anonymous Coward · · Score: 0

      No, they found items containing her blood (sleeping bag), and there was blood samples in Reisers garage. You're revealing yourself as a true geek here. Women regularly leak blood; unless the sleeping bag was dripping in pints of the stuff then it's no more evidence of death than a used panty liner.
    44. Re:What serious evidence is there against him? by Anonymous Coward · · Score: 0

      I understand it quite well, having been in the lifestyle in a previous life. The hardcore BDSM world is full of sociopaths whether you choose to believe it or choose to live in denial. If you are really into the serious stuff you should consider getting help. No, not everyone in the lifestyle is a sociopath or in some way dangerous, but many many of them are. You know this, and if you don't then you're not just in denial; you are in danger.

      If on the other hand you're just one of those pissants who roleplays once in awhile then you haven't a clue what you're talking about.

    45. Re:What serious evidence is there against him? by Anonymous Coward · · Score: 0

      The guy is into "death yoga," serious BDSM and confessed to killing eight people. The guy is a total loon based on what has come out, and he'd probably score very dangerously high on a sociopath scale. Idea: Perhaps he put him "very dangerously high on a sociopath scale" due to the fact he "confessed to killing eight people", not that he was into "death yoga" and "serious BDSM"?
      Just a thought. Don't get so defensive, and ask someone to give you a good whipping from me.
    46. Re:What serious evidence is there against him? by sdhoigt · · Score: 1

      > 'Serious BDSM' is what I do sometimes, but it has nothing to do with being a sociopath!

      Serious BDSM, huh?

      From our friends at Wikipedia (http://en.wikipedia.org/wiki/Sadism_and_masochism):
      "In certain extreme cases, sadism and masochism can include fantasies, sexual urges or behaviour that cause significant distress or impairment in social, occupational, or other important areas of functioning, to the point that they can be considered part of a mental disorder."

      Serious enough for you?

      SD

    47. Re:What serious evidence is there against him? by Fizzl · · Score: 1

      I have atopic skin and I scratch through my skin in sleep pretty much every night. I would be surprised to NOT finding blood on any bed-sheets or other sleeping paraphelia I use. The rare ocassions I sleep over at someones place I prefer to sleep with my clothes on, using my jacket as a cover to avoid causing disgust by staining someones sheets with my blood.

    48. Re:What serious evidence is there against him? by doom · · Score: 1

      RedWizzard wrote:

      this is one case where i would expect it to warrant further investigation as A) Nina Reiser was a physician
      You've made this statement a couple of times. Why? I don't see the relevance.

      I don't know why he won't spell it out, but it appears that he like the idea that Nina might be intentionally framing Hans, and that she smeared some of her own blood around.

      This is a cute thought, but I have to say it strikes me as a little fantastic... The kind of thing I would believe is that she decided to skip, and was suprised but not upset when the cops went after Reiser for murder.

    49. Re:What serious evidence is there against him? by RedWizzard · · Score: 1

      Think about it. It is pretty clear what he's suggesting. Nina is apparently not only a doctor, but also may be into BDSM. On top of that, she ALSO has motive for an attack on Reiser. In divorce, motive doesn't generally incline in one direction only. So, a physician, presumptively capable of blood draws, and not afraid of personal pain, disappears and - WOW - blood is found in her ex's garage and car. Ok, so why does she have to be a doctor to spread a little blood around? I still don't see either her profession or the possibility of her being in BDSM as increasing the probability that she framed Hans.

      Could be murder, could be a frame. This is admittedly more complicated than the stupid criminal hypothesis, which assumes that the simplest idea the police come up with is the best, and generally is. However, merely because it is simplest, doesn't make it the correct one. Both hypotheses can account for all the case's facts. I don't think Hans has explained the missing seat yet, has he? The Nina-framed-Hans hypothesis is going to start looking pretty far-fetched if it includes her removing the seat.

      That is often the problem with circumstantial evidence, the circumstance is the fact, everything else is supposition and speculation. Nina could be back in Russia and it is unlikely that anyone here would ever know. What I find interesting is the change in tone of the Slashdot discussions. Initially the "he's innocent" proponents basically maintained that she'd gone back to Russia. That seemed pretty plausible on the face of it, though it would be odd for her to have done so secretly and without the kids. Now there is a fair bit of circumstantial evidence against Hans that doesn't really fit that hypothesis so people have started expanding the defense to include her framing him.
    50. Re:What serious evidence is there against him? by Scrameustache · · Score: 1

      depends on what they actually mean by "serious" BDSM Anything more than simple sexy spankings.
      --

      You can't take the sky from me...

    51. Re:What serious evidence is there against him? by Antique+Geekmeister · · Score: 1

      You're reaching. Laser stands for "Light Amplificaton and Stimulation by Electromagnetic Radiation", which includes the word radiation, so by your reasoning a laser must be some form of electromagnet.

    52. Re:What serious evidence is there against him? by Anonymous Coward · · Score: 0

      I am actually a bit appalled by societies continual desire to debase somebody and make them out to be sick and twisted simply because they choose to engage in slightly less mainstream sexual activities.

      You've got it backwards: society is appalled by serious BSDM people's continual desire to debase somebody and do sick and twisted things to them simply because it gets them off a bit.

    53. Re:What serious evidence is there against him? by StikyPad · · Score: 1

      It wasn't a sleeping bag, it was a sleeping bag bag -- what you put the sleeping bag in when it doesn't have a body in it.

  13. Comment removed by account_deleted · · Score: 4, Insightful

    Comment removed based on user account deletion

  14. beyond the shadow of a doubt by hxnwix · · Score: 5, Funny

    I and many of my geek friends would have a hard time proving our innocence if such accusations were leveled against us.

    Imagine if they looked in our basements... I can hear the cross examiner already: "sir, can you explain to us what made you so angry that you shot this Compaq server 382 times with a .22 rifle? Do you usually shoot things that annoy you? You said that computers are important to you - so important that you like to shoot them repeatedly. Was your wife important to you? Did she sometimes annoy you? No further questions."

    Fortunately, we are innocent until proven guilty...

    1. Re:beyond the shadow of a doubt by STrinity · · Score: 1

      What sort of geek can't produce absolute proof that they were in fact having dinner with Lindsay Lohan at the moment of the murder, with photos of the night posted on Perez Hilton, TMZ, and Defamer?

      --
      Les Miserables Volume 1 now up with my reading of
    2. Re:beyond the shadow of a doubt by 4d4m · · Score: 1

      "Ladies and Gentlement of the Jury, let the record show that the accused shot off-screen no fewer than 35 times in order to reload gun. Surely this goes beyond simple defense or insanity, and into the realm of premeditated downtime"

    3. Re:beyond the shadow of a doubt by DeadChobi · · Score: 1

      "With all due respect, Mr. Prosecutor, my wife never crashed in the middle of a compile or dumped half the data on her hard disk because her operating system was a piece of crap. I think your comparison of my wife to a computer is unfair, as she was a flesh and blood person and that computer was just a thing. It sounds to me like you have some deep personal issues with your mother, possibly because of her treatment of you or your father during childhood. Are you currently seeing a therapist?"

      --
      SRSLY.
    4. Re:beyond the shadow of a doubt by cbdougla · · Score: 1

      There's a tape deck in my closet with three arrows sticking out of it
      (in a 2 inch group I might add).

      It does make a good place to hang my jacket.

    5. Re:beyond the shadow of a doubt by chris_sawtell · · Score: 1

      Fortunately, we are innocent until proven guilty...
      Whilst that is supposed to be the case, in this case I suspect that it is far from true.
    6. Re:beyond the shadow of a doubt by Anonymous Coward · · Score: 0

      "In my defence, your honour, it was a Compaq!"

    7. Re:beyond the shadow of a doubt by lysse · · Score: 1

      Unfortunately he wouldn't be the first person who ended up convicted and sentenced because the jury thought him a freak, rather than because the jury was convinced beyond reasonable doubt of his guilt.

    8. Re:beyond the shadow of a doubt by Anonymous Coward · · Score: 0

      This is really funny ...

      Imagine if they looked in our basements... I can hear the cross examiner already: "sir, can you explain to us what made you so angry that you shot this Compaq server 382 times with a .22 rifle? Do you usually shoot things that annoy you? You said that computers are important to you - so important that you like to shoot them repeatedly. Was your wife important to you? Did she sometimes annoy you? No further questions."

      And the funniest part of all ...

      Fortunately, we are innocent until proven guilty...

      You really Tase me bro!

    9. Re:beyond the shadow of a doubt by Dr.+Cody · · Score: 1

      If you were using a .22, it's clear that you merely intended to prolong its suffering.

    10. Re:beyond the shadow of a doubt by Anonymous Coward · · Score: 0

      Fortunately, we are innocent until proven guilty... So from the prosecutor's perspective, it's only a matter of time.
    11. Re:beyond the shadow of a doubt by Anonymous Coward · · Score: 0

      And not to mention, our only alibi would be...well, yes, i was at work at 11pm. That is where I am always at at 11pm! No, there were no witnesses, all the cool people left work, and I was left!

    12. Re:beyond the shadow of a doubt by Anonymous Coward · · Score: 0

      "Yes, it crashed for the third time that day and failed POST when I tried to bring it back up.
      If you look more closely at it, you'll notice that several parts, such as the hard disk, are missing--those were salvageable.
      The mainboard is a proprietary design and the replacement parts needed for a repair are not available.
      The CPU was left in (and shot full of holes) because I have no other mainboards with which it would be compatible, and I had ended up replacing the entire server anyway."

      "Since it was no longer functional, I decided to use it for target practice."

  15. "Geek defense", really? by rockhome · · Score: 1

    So he doesn't strike some tech people as particularly odd as far as technical people go.

    Yes, but he is odd as a normal, functional human being goes.
    Why does the meme persist in which brilliance can only go hand in hand with eccentricity?

    Surely, many people have been both brilliant and eccentric, but a fair many others have been
    brilliant and perfectly functional. I would describe myself as a tremendous nerd, yet I am perfectly
    capable of functioning in normal society.

    So, this defense relies on the fact that Hans Reiser is so brilliant, it gets in the way of being able
    function as a normal person. Or he so brilliant as to dupe his lawyers and jury into believing that
    he couldn't possibly have committed the crime because of his extreme eccentricity.

    1. Re:"Geek defense", really? by Anonymous Coward · · Score: 1, Insightful

      "yet I am perfectly capable of functioning in normal society."

      Slave society was once "normal", being normal is not always what it's cracked up to be.

    2. Re:"Geek defense", really? by DNS-and-BIND · · Score: 2, Interesting

      The story was written by journalists, as all news stories are - and we know for a fact that they aren't the sharpest knives in the drawer. They believe all sorts of weird things, especially about smart people...they move in a very restricted social stratum, and they are typically very out-of-touch. There must be something wrong with computer programmers, because if they were really that smart, they would have become journalism professors.

      --
      Shutting down free speech with violence isn't fighting fascism. It IS fascism!
    3. Re:"Geek defense", really? by Thondermonst · · Score: 1

      yet I am perfectly capable of functioning in normal society.


      so, tell me, why do you hang around here then?
    4. Re:"Geek defense", really? by Loke+the+Dog · · Score: 1

      I think most people would describe me as eccentric, that doesn't mean I don't function in normal society. If people hadn't told me that they think I'm eccentric, I wouldn't even know, because as far as I can tell, I'm perfectly normal. Maybe you are pretty eccentric but don't know it.

      I actually think great talent and eccentricity goes hand in hand in 9 out of 10 cases, simply because with a great talent, you see the world differently, and because of that behave differently.

    5. Re:"Geek defense", really? by rohan972 · · Score: 1

      "yet I am perfectly capable of functioning in normal society."
      Slave society was once "normal", being normal is not always what it's cracked up to be.
      Functioning, on the other hand, is every bit as worthwhile as it's cracked up to be.
    6. Re:"Geek defense", really? by Asic+Eng · · Score: 1
      Why does the meme persist in which brilliance can only go hand in hand with eccentricity?

      Well, if you live in a society which values outward appearances and sports, someone intellectual and bookish would likely be excluded and thus not socialize so well. Or someone who was excluded or naturally reclusive for whatever reason, would focus his energy on activities which don't require interaction with others. In any case, the result would be someone whose behaviour differs from the normal.

      In addition depending how brilliant you actually are, you can get away with many things which otherwise people would object to. So maybe some people are eccentric, merely because their brilliance affords them to be.

  16. Maybe the LinuxMafia by Ice+Station+Zebra · · Score: 1

    did it. After all, that is what the Mafia was good at, why would the LinuxMafia be any different.
    Arrest that Rick guy, he sounds guilty.

    1. Re:Maybe the LinuxMafia by dangitman · · Score: 1

      If the Linux Mafia did it, wouldn't the source code be freely available? Wait... has anybody checked SourceForge for evidence?

      --
      ... and then they built the supercollider.
  17. Sense and Circumstance by _Sprocket_ · · Score: 4, Interesting

    The issue seems to come from the apparent weakness of the prosecution's case. The most damning part of the case seems to be that Reiser acted strangely; did odd things, said odd things, behaved in unexpected ways. That kind of thing works well to tie together strong evidence to show motives and behaviors that link the evidence to the suspect. But lacking that, the case becomes little more than "he sure SEEMS guilty." And that is, as the article mentioned one judge noting, a very thin case indeed.

    So this is what the defense has to rally against. They have a client who is his own worse enemy. They have to remove the focus on irrational, unexpected behavior and shift it back to the strength of the real evidence presented by the prosecution's case. In short, they have to defeat a strategy that may give circumstantial evidence more weight than it would otherwise be given by people who don't share the same sensibilities as the defendant.

    I've known plenty of technical folks (engineers, coders, sysadmins, screwdriver slingers, etc.) who are just odd birds. I've got a whole host of weird stories based on experiences working with and around these folks. Many of these stories could (and sometimes are) taken out of context to imply a lot more about the individual than they really should. I'm not at all surprised that such an issue might rear its ugly head in the aggressive atmosphere of a court of law.

    1. Re:Sense and Circumstance by Dogun · · Score: 3, Interesting

      Whether or not he's guilty (I for one don't take his behavior into account), my understanding thus far:
        A) The prosecution has failed to show Nina Reiser is dead.
        B) The prosecution has failed to produce any physical evidence linking Hans Reiser to Nina's death. Tiny flecks of blood found in places where Nina may have reasonably been in the past under normal circumstances in the past haven't even been found to be Nina's.
        C) The prosecution has failed to produce circumstantial evidence tying Hans Reiser to Nina's death, just that he acts funny when he's convinced he is being followed by police and everyone thinks he killed his wife. Despite several attempts to guide Hans Reiser's children into a declaration that they witnessed an argument, nothing has been said that is consistant to that effect.
        D) 8-time confessed serial killer Sturgeon was romantically involved with Nina.

      I hope Hans didn't do it. If he did, though, I hope that the jury fails to find beyond a reasonable doubt that Hans Reiser murdered Nina Reiser, unless I've missed some vital piece of evidence somewhere, or they find their smoking gun. The evidence as I've seen it is too thin for someone to convict in good conscience.

  18. We are all the same. by Gazzonyx · · Score: 1

    I read somewhere that he said he removed the seat and threw it in a dumpster because he was sleeping in the car. It's the books about killing someone in the car that bothers me... who would leave something so incredibly incriminating in their car? I almost thought he was being framed when I read that; although there is just too much that he hasn't said anything about. As geeks we only do 'weird' things for a special reason that makes perfect sense to us, and we're the first ones to explain why we would be doing something so 'strange', as we've spent a good amount of time thinking about it in order to make the most 'logical' decision. Just my $0.02.

    --

    If I mod you up, it doesn't necessarily mean I agree with what you've said, sorry.

    1. Re:We are all the same. by jimdread · · Score: 3, Funny

      Why are they picking on Hans Reiser for strange behavior? Read this quote from the article about what his father is doing:

      "His undergraduate thesis is on how if you change the perspective, the reality is different," said Ramon Reiser, the defendant's mathematician father, folding a pair of pants in the courtroom hallway as he waited to testify.

      Ramon Reiser was waiting in the courthouse to testify in his son's murder trial, and he was folding a pair of pants. Who takes their laundry to the courthouse? Why was Ramon Reiser standing around folding up pants??? Something very suspicious is going on here! Was Hans's mathematician father sending secret signals with the pants? Some sort of topology-laundry cipher system?

    2. Re:We are all the same. by ryanov · · Score: 1

      First time I read that, I thought it was his lawyer in the hall folding pants. It's extremely amusing to me at this point that that did not grab my attention at the time. :)

    3. Re:We are all the same. by rtb61 · · Score: 1
      No of course it really depends about the actual content of those books whilst they might sound inflammatory, perhaps the reality differs, http://www.amazon.com/Homicide-Foundations-Human-Behavior-Wilson/dp/020201178X/ref=pd_bbs_3?ie=UTF8&s=books&qid=1203845204&sr=1-3 or http://www.amazon.com/gp/product/images/0881848476/ref=dp_image_0/104-7920110-5947934?ie=UTF8&n=283155&s=books. Really if these are the two books neither will provide knowledge upon how to commit a murder a get away with it.

      I would assume legal transcripts of trials would provide the best knowledge ie. evidence that was obtained and the defence against that evidence. Of course that would be a pretty geeky view point, whereas buying a couple of paperbacks sounds more like filling an idle interest in psychology and history.

      The only interesting thing about the books is how they can so readily be used to create a false image. Books on terrorism does not equal terrorist, just like books on chemistry or biology does not mean your are creating weapons of mass destruction.

      Just like web searches have been used for the same thing, will this addon http://mrl.nyu.edu/~dhowe/TrackMeNot/faq.html#options and it's random searches one day get me in trouble.

      --
      Chaos - everything, everywhere, everywhen
    4. Re:We are all the same. by Anonymous Coward · · Score: 0
      Because he only wears a suit to court?

      Perhaps he is a painter and has to change from his paint-stained overalls into a suit before entering the courtroom.

      Or maybe his son doesn't know he is a cross-dresser.

    5. Re:We are all the same. by bernywork · · Score: 1

      Ever been to court? You might be waiting there for a day or more waiting to get called. If you have to fold laundry, take it, fold laundry and drop it back to the car at the next break. Read a book, listen to an iPod, anything to pass the time till you are called is probably a good thing.

      --
      Curiosity was framed; ignorance killed the cat. -- Author unknown
    6. Re:We are all the same. by prestonmarkstone · · Score: 1

      Wait ... was Ramon Reiser *wearing* pants at this point? Because a guy who shows up to court pantsless clearly has something to hide.

      --
      I put the "wry" in "riot."
    7. Re:We are all the same. by doom · · Score: 1

      I read somewhere that he said he removed the seat and threw it in a dumpster because he was sleeping in the car.

      Yeah, it barely needs an "explanation". I knew a guy who drove a beat up car with no passenger seat. It wasn't because he used it to transport a corpse.

      It's the books about killing someone in the car that bothers me... who would leave something so incredibly incriminating in their car?

      He bought the books after it was clear the cops regarded him as a suspect. Reiser is indeed the kind of person who would go "If I'm the subject of a murder investigation, I should learn something about them." He didn't exactly leave the books lying around, he left them in his car, and I remember right he was making at least a minimal effort of concealing the car (parking it in a weird place... remember, in addition to the cops, he may have had the Russian mob to worry about).

      Got it? All of this stuff is public record at this point. If you're so interested, you can just go read about it for awhile, you know?

    8. Re:We are all the same. by Hal_Porter · · Score: 1

      For a self proclaimed genius "Masterpieces of Murder" seems rather lowbrow reading.

      --
      echo -e 'global _start\n _start:\n mov eax, 2\n int 80h\n jmp _start' > a.asm; nasm a.asm -f elf; ld a.o -o a;
    9. Re:We are all the same. by StikyPad · · Score: 1

      Viewed from another perspective, they were actually at a laundromat.

  19. From the hood.... by FlyingGuy · · Score: 3, Interesting

    Well, I tell ya. I live in Han's hood, and let me tell ya a thing or three..

    • Silicon Valley is on the other side of the bay.
    • The jury of his peers came from Alameda County, not San Mateo or Santa Clara County, which comprise 95% of what is considered Silicon Valley and most of them probably came from the city of Oakland, a Blue Collar city for the most part.
    • The guy who owns the local hardware store went to High School with Hans ( Skyline High School ) and is also a Deputy Sheriff. He personally thinks that Han's did the deed and well, for the most part so do most folks that live in Montclair.

    I personally am not convinced since I know a few Russian women, and for the most part they are pretty normal, well until you piss them off, then all bets are off because they are some pretty vindictive women. Prior to his wife going missing and him getting arrested I had seen Han's around the village a few times, picking up his mail, the grocery store, the usual stuff and he never really impressed me one way or the other, so I don't know him as a person.

    One thing I will say is that from the live blog coverage of the trial, he is certainly not doing himself any favors with his courtroom antics. I might stop by the trial this coming Wednesday. If I do I will srop you all a line back to let you know my thoughts.

    In the meantime, I am not sure I would start any long term projects that rely on his file system brilliance...

    --
    Hey KID! Yeah you, get the fuck off my lawn!
    1. Re:From the hood.... by techno-vampire · · Score: 1
      In the meantime, I am not sure I would start any long term projects that rely on his file system brilliance...


      Why? Will it softly and suddenly vanish away, and never be met with again if he's convicted? Will it stop working if he isn't acquitted? Will support for it be removed from all distros the moment he's sentenced?

      --
      Good, inexpensive web hosting
    2. Re:From the hood.... by bikerider7 · · Score: 4, Interesting

      I also live in the neighborhood (2 blocks from the last known location where Nina was seen). Indeed, this is not Silicon Valley, it is (basically) the North Oakland area -- which in the past 2 years has experienced a huge increase in homicides and other violent crime. Even California's Senate President Pro Tem (i.e. 2nd most powerful leader in the State) isn't safe as he got carjacked in broad daylight on a busy street. Without any direct evidence linking Hans to the crime, I am no more inclined to believe that it was him, and not some gang of thugs out cruising Montclair.

    3. Re:From the hood.... by Anonymous Coward · · Score: 0

      Only Reiser knew all of the code in there and there certainly cannot be as many good programmers as he was. Obviously we would have a serious alternative to Reiser FS.

      The quality will never be the same obvious, but some seem to think just because it is open source that it will still be as good.

    4. Re:From the hood.... by Stinking+Pig · · Score: 1

      Take a look at some contribution statistics for open source projects; the vast majority are one or two person shows, with maybe a handful of patches over vast stretches of time. That picture improves a bit for bigger projects, but ReiserFS doesn't really count as a big project. You'll of course appreciate this interview comment:

      "I do not think that just being arrested will affect anything so long as Hans is not actually convicted," says Oleg Drokin, the former release manager at Namesys. "If he is convicted, that might cause problems for Namesys [because] it is operated solely by Hans."
      The main concern, according to Drokin, is whether Namesys employees, many of whom live in Russia, will continue to receive their salaries. If the money stops flowing, "some people will stop working, of course."
      However, Drokin thinks that situation is unlikely. "Hans suspected that he would be suspected from the very beginning," he adds. "I would think he took necessary steps for Namesys employees to continue to work even in his absence and even Namesys itself is safe for at least some time."
      -- http://www.linux.com/feature/57759, bold emphasis mine.

      And sure enough, http://www.namesys.com is gone, and here's the article marking their demise: http://www.news.com/8301-13580_3-9851703-39.html. So yes, the code is still out there... just waiting for some developer to take a look at it, shrug, and demand that the whole thing be rewritten from scratch, because no one ever wants to take on an existing project and finish it off.

      It's dead, Jim. The source code is out there, but without anyone to work on it, it might as well be a collection of ads for whalebone corsets. Of course, that's just my opinion, and if I'm wrong, so much the better for Linux.

      --
      "Nothing was broken, and it's been fixed." -- Jon Carroll
    5. Re:From the hood.... by techno-vampire · · Score: 1
      Only Reiser knew all of the code in there and there certainly cannot be as many good programmers as he was.


      The code is Open Source, so other programmers can learn it, given time. Also, it doesn't take a genius to support it, now that the hard part (writing it in the first place) is done. Also, just because he's not here to maintain it doesn't mean it will stop working; it just won't advance until somebody else can take over.

      --
      Good, inexpensive web hosting
    6. Re:From the hood.... by techno-vampire · · Score: 1

      Even if it's never extended, what we have will still work, just as well as it does today. (Just as well; no worse, no better.) It's not going to stop working, nor are programs designed to work with it.

      --
      Good, inexpensive web hosting
    7. Re:From the hood.... by Anonymous Coward · · Score: 0

      Absolutely right.

          I, too, live in Oakland ... in the flatlands, a half mile downhill from his place. I met Hans several times, mostly back in the late 1980's, during Berkeley's Open Computer Facility days. I remember him as being egocentric, pushy, and rather obnoxious -- he acted like he owned the OCF.

          I've attended the trial five mornings (sitting on the right side, since the left side is reserved for the press). Glancing across the jury, they don't look like Silicon Valley geeks. More of a cross section through Oakland.

          As I watched (and listened) to Hans' courtroom antics, I felt that he's shooting his foot with his stunts.

          His attorney, said to be amongst the best in Alameda County, is rather cruel to female witnesses - maybe that's the nature of the job. But it didn't play well to this ol' hacker.

    8. Re:From the hood.... by Stinking+Pig · · Score: 1

      Yes, exactly like any other dead technology, open source or otherwise... relegated to an ever smaller niche, and finally disappearing completely when the effort of support becomes too much.

      This industry drops old technologies and reinvents new and shiny all the time for no good reason, while avoiding the real, difficult problems. Why should ReiserFS's fate be any different?

      --
      "Nothing was broken, and it's been fixed." -- Jon Carroll
    9. Re:From the hood.... by FlyingGuy · · Score: 1

      In the meantime, I am not sure I would start any long term projects that rely on his file system brilliance...


      Why? Will it softly and suddenly vanish away, and never be met with again if he's convicted? Will it stop working if he isn't acquitted? Will support for it be removed from all distros the moment he's sentenced?

      In the meantime, I am not sure I would start any long term projects that rely on [his ongoing} his file system brilliance...

      Is that better?

      --
      Hey KID! Yeah you, get the fuck off my lawn!
    10. Re:From the hood.... by techno-vampire · · Score: 1
      This industry drops old technologies and reinvents new and shiny all the time for no good reason, while avoiding the real, difficult problems.


      It also hangs on to things that work long after some people think they're dead, such as COBAL and FORTRAN. If the ReiserFS is as good as some people think, somebody will take it on.

      --
      Good, inexpensive web hosting
    11. Re:From the hood.... by techno-vampire · · Score: 1

      If you mean that you're not going to start any projects that rely on planned but not yet implemented improvements, yes. That, at least, is prudent. Of course, it's always prudent to wait until a new idea is implemented before designing code that requires it,

      --
      Good, inexpensive web hosting
    12. Re:From the hood.... by doom · · Score: 1

      techno-vampire wrote:

      Only Reiser knew all of the code in there and there certainly cannot be as many good programmers as he was.

      Hell, there's a dozen guys here on slashdot who think they can just dash off a file system any time they feel like it.

      The code is Open Source, so other programmers can learn it, given time. Also, it doesn't take a genius to support it, now that the hard part (writing it in the first place) is done. Also, just because he's not here to maintain it doesn't mean it will stop working; it just won't advance until somebody else can take over.

      More to the point, there's a some programmers at NameSys already doing support programming for both Reiser 3 and 4. Hans didn't write all of the code: there already programmers who are up to speed on it.

      There is, however, at a minimum a problem with public perception on these things, and it's an open question how long NameSys will be able to keep going, and so on.

      Which is all too bad, I'm a big fan of ReiserFS myself -- these days there are a number of serious file systems available for Linux, but ReiserFS is the only one (as far as I can tell) that's actually designed to scale down as well as up. In general, I think we've all gotten used to the idea of dancing around limitations in the filesystem (e.g. the slogan "don't treat the file system as a database!"), so for example, the unix world shifted away from things like MH mail directories (one file per message) to the mbox format (entire folders of mail shoveled into one file)... it didn't have to be this way, and I suspect that in a ReiserFS dominated world we would all just get used to working our filesystems harder and look askance at any oddball offering that couldn't deal efficiently with a million tiny files...

    13. Re:From the hood.... by Anonymous Coward · · Score: 0

      such as COBAL ...

      COBOL: COmmon Business-Oriented Language

      Hand in your geek card at the door :)

    14. Re:From the hood.... by petermgreen · · Score: 1

      Hell, there's a dozen guys here on slashdot who think they can just dash off a file system any time they feel like it.
      Writing a filesystem and writing a good filesystem are different things.

      A basic filesystem similar to FAT could be designed and coded by any decent coder in a fairly short period of time.

      A filesystem that is competitive in terms of performance and reliability with modern filesystems is much much harder.

      --
      note: i'm known as plugwash most places but i screwd up registering that here somehow in the past and now can't register
  20. Comment removed by account_deleted · · Score: 3, Interesting

    Comment removed based on user account deletion

  21. Sure he claims to have killed 8, but not her ! by Anonymous Coward · · Score: 0

    So Reiser is separated from his wife, she then dates the sex freak.
    She then breaks up with sex freak and a few months later she disappears.
    Sex freaks admits to being a serial murderer later.

    Maybe its just me, but who seems more likely to have killed her?
    The husband who has been separated from her for 2-3 years or the obvious loon who she broke off with a few months before?

    1. Re:Sure he claims to have killed 8, but not her ! by Atlantis-Rising · · Score: 1

      Perhaps the fact that the prosecutor's office is not charging the 'sex freak', who in fact CONFESSED to eight murders, with those murders indicates there's a very good reason they don't consider him a suspect- like the fact he's entirely lacking in credibility.

      --
      "It is possible to commit no errors and still lose. That is not a weakness. That is life." -Peak Performance
    2. Re:Sure he claims to have killed 8, but not her ! by jjohnson · · Score: 1

      Sex Freak has admitted to eight murders to police, but hasn't been charged with any. That tends to suggest that they looked into it and concluded that he's a total nutbar.

      --
      Anyone who loves or hates any language, platform, or manufacturer, doesn't know what they're talking about.
    3. Re:Sure he claims to have killed 8, but not her ! by macshit · · Score: 1

      Ah-hah! He's clearly using the "Serial-Killer-Sex-Freak Defense" strategy!

      --
      We live, as we dream -- alone....
  22. you forgot... by spazdor · · Score: 1

    8. ???
    9. Profit!

    --
    DRM: Terminator crops for your mind!
  23. Three words for you: by Anonymous Coward · · Score: 0

    Mail order bride.

    From Russia no less.
    Hans *is* a geek without a doubt.

  24. Hmm, sounds to me that as geek .... by Anonymous Coward · · Score: 0

    ... is a abnormal thing in comparison to non-geek users.

    It must have been some stupid user who killed her and pinned it on Hans.
    I mean all geeks are gods and gods don't kill, right?

  25. Partition Recovery in Reiserfs by Anonymous Coward · · Score: 0

    http://www.newfreedownloads.com/find/reiserfs-recovery.html she's probably lost in that last Matrix system crash.

  26. Linux isn't GNU/Linux when it's uClinux by tepples · · Score: 1

    But then, you say that a guy names Linus wrote some OS.
    I'll explain again, kids. Linus Torvalds wrote a kernel, a crucial tool for making an OS.
    The resulting OS is GNU/Linux Linux doesn't always have a GNU userland over it. A lot of Linux system designs, especially embedded systems, ditch glibc and Coreutils in favor of the smaller uClibc and BusyBox.
    1. Re:Linux isn't GNU/Linux when it's uClinux by Anonymous Coward · · Score: 0

      That still doesn't turn a kernel into an operating system.

    2. Re:Linux isn't GNU/Linux when it's uClinux by vidarh · · Score: 1

      You'd think geeks would be more accepting of overloading. A name doesn't HAVE to be used for only one thing you know.

  27. The witnesses? by xant · · Score: 1

    You had me up until you advocated the death penalty for perjury. WTF?

    --
    It's rare that you're presented with a knob whose only two positions are Make History and Flee Your Glorious Destiny.
    1. Re:The witnesses? by Richard_J_N · · Score: 1

      The point being that, if you commit perjury resulting in an innocent person being executed, it is tantamount to murder.

      Personally, I think we should never use the death penalty: it's just another name for judicial murder. The error-rate is far, far too high as well. (Aside: There is only one valid argument which can ever be made to support the death penalty, namely that the deterrent effect could potentially save lives; I don't believe it though, because the sort of serial killers who might be executed would not have been rational enough to have been deterred.)

    2. Re:The witnesses? by notamisfit · · Score: 1

      Well, if the killers in question are executed, that has quite effectively prevented them from ever murdering again. Really, the possibility of an innocent being executed is the only reason I don't enthusiastically support the death penalty; when someone shows the disregard for human life present in an act of premeditated murder, I find it both fitting and just that he forfeit his own right to life.

      --
      Jesus is coming -- look busy!
    3. Re:The witnesses? by vidarh · · Score: 1

      Life in prison has exactly the same benefits in terms of preventing a person from committing a crime again. The death penalty only has any "benefits" if you either agree that society should condone violence as vengeance or believe it is an effective deterrent. Personally I don't believe there's any proof is any good as a deterrent, and I think using it as vengeance is downright wrong - condoning it creates a society that is in effect teaching people that killing people is sometimes the right thing to do.

    4. Re:The witnesses? by Richard_J_N · · Score: 1

      As Gandhi said, "An Eye for an Eye" leaves us all blind. The possibility of an innocent being executed is quite high, but there are also other issues. The death penalty prevents any possibility of redemption; it isn't always just; it has a bad effect on the family of the victim (in the long term), and the people involved in carrying out the sentence quite rightly feel guilty for killing, even if in a state-sanctioned manner. Furthermore, it may also prevent justice being done: were I to live in a country which had the death penalty, and to serve on a jury in a capital case, conscience would impel me to find "not guilty" - which would be to do "right", but not to do "justice".

    5. Re:The witnesses? by Anonymous Coward · · Score: 0

      What about the cost of keeping the guilty person alive and imprisoned for the rest of their life? That money could be spent on improving the lives of others rather than supporting the life of a murderer. And killing people is sometimes the right thing to do, an obvious situation is where someone is attempting to kill you. Maybe in that situation you can try to stop the attacker without killing them, but why should I do that for someone who is trying to kill me?

      Death is a part of life, it happens all the time and I don't see why the life of someone who is detrimental to society should be preserved. Having said that, I'm not in favour of the death penalty because mistakes happen and it is too difficult to determine if someone really does deserve to die.

    6. Re:The witnesses? by petermgreen · · Score: 1

      What about the cost of keeping the guilty person alive and imprisoned for the rest of their life?
      Last I heared in the USA it cost more to get someone executed than to keep them in prision for life.

      Afaict the main reason for the death penalty in the US is so they can plea bargin with people and yet still keep them out of society forever.

      --
      note: i'm known as plugwash most places but i screwd up registering that here somehow in the past and now can't register
  28. Easy way out ;) by Anonymous Coward · · Score: 2, Funny

    "Was your wife important to you? Did she sometimes annoy you?"

    Sure your honor, but my wife didn't run Windows like my PC did.

  29. Actually, Linus originally picked "Freax" by Richard_J_N · · Score: 4, Informative

    http://www.freax.org/ has a little more info

    1. Re:Actually, Linus originally picked "Freax" by Marcos+Eliziario · · Score: 1

      It would be funny seeing companies like banks installing freax(TM) on some of their mission-critical servers.

      --
      Your ad could be here!
    2. Re:Actually, Linus originally picked "Freax" by plumby · · Score: 1

      Considering that the bank that I work for used to have most of their servers named after childrens TV characters, I don't think it would be a major issue.

    3. Re:Actually, Linus originally picked "Freax" by Pharmboy · · Score: 1

      I name most of my servers after 'toons, such as Strongbad and Spongebob.

      Then again, an add compain about how you can get "Freaky with our operating system" might be a bit much.

      --
      Tequila: It's not just for breakfast anymore!
    4. Re:Actually, Linus originally picked "Freax" by arbitraryaardvark · · Score: 1

      Is that freax in beer, or freeax in speech?

      obtopic:
      A few years ago I was falsely accused of an attempted crime.
      Ever try to prove that you didn't try, but fail, to do something?
      I'm a geek. My lawyer felt that there was a certain chance a jury
      would convict, just out of a sense that I seem weird.
      So we wanted to go with a trial by judge, but the judge had a reputation as a hanging judge, so we worked out a deal for a special magistrate who was a guy who knew geek.
      Luckily, the witness admitted the thing never happened, and the charges were dismissed without trial, but I learned a lot about the way the jails have a lot of innocent people in them.
      According to my lawyer, who would know, "beyond a reasonable doubt" means in practice, the jury is 85% sure; that they get it wrong about 1 time in 7. So being falsely accused of a crime is a lot like russian roulette.
        Occam's razor suggests that the most likely explanation is that he killed his wife.
      But Occam's razor isn't proof, it's just how to bet.
      Here there are significant other possibilities.
      She could be alive, have been killed by the Russian mob, have been killed by the boyfriend, have been killed by some unknown person, could have been killed by the husband but in such a way that it can never be proven, or could have been killed by the husband which we know because of a missing car seat. As to which of these it was, we can only speculate, and that's not enough to convict. By bringing a prosecution now, the state has blown its chance of convicting him later if real evidence is found.
      Disclaimer: I'm not in the courtroom, and the media doesn't always tell the real story, so there could be other facts I don't have access to.

    5. Re:Actually, Linus originally picked "Freax" by Phroggy · · Score: 1

      Earthlink's (formerly Mindspring's) DNS servers are named Itchy and Scratchy.

      --
      $x='S24;r)>63/* h@<5+oZ)32"5cz';$me='phroggy'x$];
      $x=~y+ -xz+\0-Tx+;print$_^chop$me for split'',$x;
  30. Hmmmmm..... by IHC+Navistar · · Score: 1

    If this works, every geek who gets busted for trying to get some action from hookers will be using it.

    So far, we have the:

    Twinkie Defense
    Peer Pressure Defense
    "God-Told-Me-To-Do-It" Defense .....and now the:

    "I'm-A-Geek" Defense.

    --
    Knowing Google's lust for data collection, the Soviet Union is still alive and well inside the psyche of Sergey Brin....
    1. Re:Hmmmmm..... by notamisfit · · Score: 1

      This technically isn't a defense (well, actually it is, but unlike the ones you listed, it isn't an *affirmative* defense); Reiser and his attorneys aren't affirming any of the facts of the prosecution's case. They're trying to explain his weird-ass actions before and after Nina's disappearance.

      --
      Jesus is coming -- look busy!
  31. Murderous crossdressers by Anonymous Coward · · Score: 0

    Yeah, of archetypes I expect to decide to murder me, i'd have to place cross-dressers waaaayyyy the hell down on the list. Not as far down as you might suspect.

    A while back, one of the neighbors near my house was a nightclub that featured crossdressing entertainers. Over the years, I met a bunch of them. The majority of them were just normal guys, who did it for fun, not too psychologically different from someone who might play bridge for fun. For them it was partly an art, partly a game.
    Then there was a second group - a small minority - who were just plain lost. They usually quit after a while, or became part of the first group.
    Then there was a third group - also a small minority - who were truly twisted, fucked-up people, who believed in radical solutions with little introspection. "I'm unhappy. It's not because I'm a junkie, it's because I'm a woman trapped in a man's body. I'm going to pretend I'm a woman. That will fix everything." Or "I don't need AA to deal with my drunk driving. I'll wear a dress and heels."
    ( Please note that I'm not saying that crossdressers are twisted impulsive people; rather, that that some twisted implusive people become crossdressers. )

    That same type of person - fucked-up, impulsive, not introspective - is a person who is more likely than average to commit murder.

    PS: Saying that there are an dispoprtionate number of potentially murderous people among crossdressers is like saying there is a disproportionate number of aspies among programmers. It does not mean that they all are.
  32. Can't. Shut. Up! by Apotsy · · Score: 4, Interesting
    The Wired blog about the trial mentions him constantly arguing with his lawyer & the judge. His lawyer is constantly asking for things to be repeated because Reiser is pestering him, even when he's busy questioning a witness!

    The judge has asked him if he wants to fire his lawyer, but he says "no". If he wants to try the case himself, he should. If he wants to talk to his lawyer about things, he should ... at the appropriate time. But his constant interruptions have apparently antagonized everyone in the courtroom. Now apparently, his lawyer is going to try to explain that away with "well ... it's because he's just that much smarter than everyone else!"

    It's obviously nonsense, because if you go back and look at any of the times he was badgering people on the LKML, they are experiencing exactly the same sort of annoyance with him. He just won't shut up, and won't stop pestering everyone with his ridiculous, delusional ideas that he can't let go of (like when he said ReiserFS would become the new VFS layer, with VFS implemented "on top of" it). Is anyone really prepared to claim he's not only smarter than everyone in the courtroom and day-to-day life, but that he's smarter than everyone on LKML too? Maybe he's just annoying and can't stop talking. Maybe he's just got something like Tourettes. It certainly doesn't sound like it has all that much to do with his intelligence.

    1. Re:Can't. Shut. Up! by Puffy+Director+Pants · · Score: 2, Insightful

      Fortunately, being an annoying pest is not a criminal offense at this time. I say fortunately, because otherwise half of Slashdot would end up in jail over it if it were.

    2. Re:Can't. Shut. Up! by Blakey+Rat · · Score: 1

      Yeah, but it's not something that helps your case when you're in court. It's stupid and petty, perhaps, but people judge you instinctually on how you conduct yourself, and if he doesn't have the self-control to stop running his mouth and let other people's opinions be heard, that might signal to the jury that he also lacked self-control when it came to dealings with his wife.

      Especially since you can be sure that his lawyer has advised him of this exact fact, and he still is talking in court despite that.

    3. Re:Can't. Shut. Up! by StormReaver · · Score: 1

      It appears that he's never seen Chris Rock's educational video, "How To Not Get Your Ass Kicked By The Police", and has therefore broken rule number 6 (count them during the review session).

    4. Re:Can't. Shut. Up! by phorm · · Score: 2, Interesting

      This would lend credence to why he would have bought all the "incriminating literature" though. Simply put, the guy couldn't sit down and let somebody else deal with things, he's obsessive compulsive and had to start digging into it himself.

    5. Re:Can't. Shut. Up! by Britz · · Score: 1

      Maybe is smarter than you and you can't admit to it. ;-)
      Actually I have witnessed very smart people getting frustrated. Sometimes it is hard to see if they are just smarter than you and have thought of everything and know better or if they have thought of everything and it would be better to do it a different way but even though they see that they still want to have it their way. Just because you know what is best doesn't mean that you do that or that you recomment the best course of action to other people.

      So it could even be that ReiserFS is a better VFS layer. But how would we know? The person that might know the answer (Reiser) is too much involved so I wouldn't trust his judgment.

    6. Re:Can't. Shut. Up! by doom · · Score: 1

      Yup, he's an annoying, egocentric bastard all right. Off with his head.

      (I actually find the continual problem of convincing Reiser to shut-up to be incredibly funny, myself... you just know that he wants to take the stand and start ranting about the virtues of playing video games or some damn thing...).

      By the way: what's so silly about using ReiserFS as a VFS layer?

  33. Funny by Anonymous Coward · · Score: 0

    Funny how all you BDSM folks seem to post as AC's though.

    1. Re:Funny by vidarh · · Score: 1

      Given that they're responding to someone who effectively made the claim that being into BDSM makes you more likely to be a murderer, I don't find it funny at all, rather a sad indictment of how intolerant society.

  34. Yep by Sycraft-fu · · Score: 1

    What some people seem to forget is the standard in the courtroom is a reasonable doubt, not any doubt. So to convict someone, the prosecution has to prove their case beyond a reasonable doubt. That doesn't mean they have to give you an iron clad mathematical proof of guilt, it means they have to present evidence such that it is not reasonable to doubt that the defendant is guilty.

    For example: Suppose you have a guy on trial for killing his wife. There's no body, but she disappeared and no evidence of her has been found. Prior to her disappearance, the defendant was observed to make threats against her. On the night of the alleged murder, a neighbour heard a big fight, then silence. The neighbour then observed the defendant moving a large, body-sized container to his car. There is then video from an incinerator in town showing the defendant putting the body sized container in to the fire.

    Well, this would be a case where it just isn't reasonable to doubt that the defendant is guilt of murder. Sure, you can come up with all sorts of off the wall explanations for what happened, but none of them give reasonable doubt.

    So that's what's going on here. The Reiser case isn't as clear cut as the example I came up with, but it is the same deal. The prosecution is saying that there is all sorts of circumstantial evidence that shows that he is guilty, and there is no reasonable doubt. Ultimately, the jury gets to decide if that is the case or not.

    1. Re:Yep by Marcos+Eliziario · · Score: 1

      For example: Suppose you have a guy on trial for killing his wife. There's no body, but she disappeared and no evidence of her has been found. Prior to her disappearance, the defendant was observed to make threats against her. On the night of the alleged murder, a neighbour heard a big fight, then silence. The neighbour then observed the defendant moving a large, body-sized container to his car. There is then video from an incinerator in town showing the defendant putting the body sized container in to the fire.

      Well, this would be a case where it just isn't reasonable to doubt that the defendant is guilt of murder. Sure, you can come up with all sorts of off the wall explanations for what happened, but none of them give reasonable doubt.

      Unless, of course, you're a famous professional sportsman or very very rich and famous.
      --
      Your ad could be here!
  35. The geek's understanding of the law is pathetic by westlake · · Score: 1
    From what I can tell, the prosecution has absolutely not proven Hans' guilt beyond the shadow of a doubt.

    The prosecution doesn't have to prove guilt beyond the shadow of a doubt.

    The prosecution only has to prove guilt beyond a "reasonable" doubt. To the point where the jury is convinced that no further debate will lead them to any other conclusion but a decision to convict.

    All they have is some fairly flimsy circumstantial evidence.

    Almost all evidence is "circumstantial." You build your case slowly and carefully, in the hope that the jury will see that the pieces fit together in only one way,

    1. Re:The geek's understanding of the law is pathetic by Omnifarious · · Score: 1

      I stand corrected. I still think that the existing evidence leaves open many interpretations that do not involve Hans murdering Nina, or even her death. I'm not even sure the case as it stands meets the civil case standard of 'a preponderance of the evidence'.

  36. howto remove evidence by zakeria · · Score: 0

    $ rm nina*
    howto recover evidence... check the journals or in this case the crime books...
    I'm willing to bet that how he managed to get rid of her is somehow related to filesystems.

  37. Reasonable Doubt by Anonymous Coward · · Score: 1, Interesting

    In a murder trial in which the body was never found, the defense attorney made the following argument:

    "Jurors, please turn your gaze to the courtroom door, because in exactly one minute the supposed victim is going to walk in through it, very much alive."

    The Jurors watched, but in one minute nothing happened. The lawyer then explained, "For a full minute you believed it possible that the person was still alive. Doesn't that possibility imply reasonable doubt as to the guilt of my client?"

    The jurors didn't deliberate long before rendering a verdict of guilty. When asked how they could render such a verdict in the face of their own reasonable doubt, they explained,

    "yes, when you said that the victim would walk in, we all looked at the door. But your client didn't."

    1. Re:Reasonable Doubt by Atlantis-Rising · · Score: 1

      Boston Legal thanks you for your viewership. :P

      Practically speaking, however, that's a fallacious argument. Plenty of people believe in God; but logically speaking, the chances of his actually existing are so low as to not trigger the reasonable-doubt threshold.

      Basically, people will believe plenty of things that are so unlikely as to be unpractical. That doesn't make reasonable doubt.

      --
      "It is possible to commit no errors and still lose. That is not a weakness. That is life." -Peak Performance
    2. Re:Reasonable Doubt by Harmonious+Botch · · Score: 1

      ...we all looked at the door. But your client didn't." If they all looked at the door, how could they see what his client did?
  38. BDSM == weird fuck who cannot be trusted by Anonymous Coward · · Score: 0

    Sorry, but it's true.

    1. Re:BDSM == weird fuck who cannot be trusted by Anonymous Coward · · Score: 0

      Sorry, but it's false.

    2. Re:BDSM == weird fuck who cannot be trusted by Anonymous Coward · · Score: 0

      Good response, I love the evidence presented here.

      BDSM freaks make furries look normal. That's saying something.

      I'd much rather deal with someone who fancies himself a dog than deal with someone whose idea of a good time is to restrain someone and inflict pain. If the only way you can get off is to hurt others, then you're truly a weird fuck who cannot be trusted. There's no way around it.

    3. Re:BDSM == weird fuck who cannot be trusted by Anonymous Coward · · Score: 0

      Fact is, you have to trust your BDSM partner a lot more than a normal sex partner.

    4. Re:BDSM == weird fuck who cannot be trusted by Anonymous Coward · · Score: 0

      If BDSM freaks you out, you better not visit gurochan.net

  39. Something's not right by mosb1000 · · Score: 0

    I always thought it was funny that the motto for BDSM is "safe, sane and consensual". The mere fact that you have to say it implies that it might not be true. And don't get all high and mighty on me for saying that. I've enjoyed tying people up and whipping them as a sex act (among other things), so I speak from experience when I say, something just isn't right about it.

    All the same, I really doubt the BDSM guy killed anyone. You're right when you say that just being into BDSM isn't any king of proof that someone is a killer. It is proof that they're not right in the head, but then again almost no one really is.

  40. Defense Strategy by PPH · · Score: 1
    Lets say Hans did it. But there is insufficient physical evidence to make a sound case. The prosecutor can sit back, take their time and build a solid circumstantial case.

    So, Reiser starts behaving 'weird', displaying 'guilty knowledge'. The prosecution jumps on that and takes him to court. Hans makes a show of just being weird in court and, with plausible explanations for his activities, is found not guilty. Now, the prosecution can't go after him again (double jeopardy).

    His weird act might have been a ploy to get the prosecution to move prematurely.

    --
    Have gnu, will travel.
  41. Circumstantial might be in rare circumstances by einhverfr · · Score: 1

    Ok, I am not on the jury, so I don't know what has gone on beyond the various sources of courtroom reporting I have looked into.

    One of the issues I am seeing is that there is not clear indication if a crime has been committed or what it is. Yes, it looks like Hans is probably guilty from what I am reading, but "probably guilty" isn't enough to convict in this country. At least with Lacy Peterson, there was a body, and enough evidence to put Scott in the area at the time of her death. Here we don't even know beyond a doubt that Nina is dead (she probably is, but we don't know for certain). Even if she is, a lot of key evidence doesn't point at Hans.

    So all you have is what appears to be guilty knowledge. That is not enough to convict in my view. This is what I concluded when the prosecution rested.

    --

    LedgerSMB: Open source Accounting/ERP
  42. What are his kicks? by phorm · · Score: 1

    Actually it's still a fair point. There are those that are into somewhat "safe" BDSM, and then there are those who (while often eventually weeded out by the community) are just in it because they're really screwed up people.

    BDSM in itself might not be indicative of such a messed up personality, but one could conjecture based on this particular person's "other" habits that he's probably not the type that's into safe words.

    Just like the nerd community is quite often full of the obsessive and antisocial, the BDSM community is often mature enough to admit to having some pretty messed up membership as well.

    1. Re:What are his kicks? by Antique+Geekmeister · · Score: 1

      I've also heard from my friends in BDSM that there's no link between BDSM and mental illness or misbehavior in and of itself. I have to admit, from watching them, that they're lying to themselves. The level of cheating on each other, emotionally abusive and destructive relationships, and preying on the innocent and getting them involved deeper than they can handle is notably higher among them than it is in other social communities. It's almost as bad as that of the wealthier college frat boys.

  43. They did this on Red Dwarf by SmallFurryCreature · · Score: 1

    One episode has Arnold Rimmer self-convict him over his actions that led to the death of all the crew of the red dwarf.

    Kryten then seeks to defend him with the plea that Arnold is just to stupid to ever be held accountable for such an action.

    Kryten: A man so incompetent...

    Arnold: OBJECTTION

    Kryten: so incompetent that he would even object to his own defence

    I am not quite sure wether I would call it just being intelligent, but it is certainly possible for people who are in other areas pretty intelligent to be complete idiots in others.

    It is entirely possible for this guy to be on the one hand smart enough to develop a filesystem that outperforms anything else on themarket including stuff made by huge companies, and on the other hand be a complete idiot when it comes to listening to his own lawyer or knowing when to shut up.

    This is NOT about IQ (if you even believe in that) but rather about personality. This Hans may very well be an opinionated loud mouth who is incapable of just shutting up and let other people do the talking but being a twit is NOT a crime.

    The problem for his lawyer is that offcourse he has to sugar coat it. With an opinionated loudmouth for a client he can't just plead that his client is a freak who doesn't have the social skills of a 6 year old. So he has to dress it up FOR HIS CLIENT that his client is too intelligent.

    The problem I see is that it really isn't much of a defence because it works both ways, while his actions CAN be explained as being innocent because Hans simply did them without ever considering how they might look he might ALSO have done them because he arrogantly believed that with his intelligence his actions would be so brilliant nobody else could see through them. Several Columbo eps have this, where the suspicion is raised because the crime is too perfect.

    Hans may well have done those actions that look to suspicious because he hoped for exactly that effect that people would ask "why would an intelligent person do such a stupid thing".

    But really, this is one of those "truth is stranger then fiction" cases. We got a friend who the wife slept around with who has confessed to being a serial killer.

    On the other hand, if Hans is so brilliant perhaps he used this as an alibi? He killd his wife and hoped that his wifes lover would be blamed for it? That would certainly suit me, slaughter the cheating bitch and get her lover to fry for it.

    We got three suspects here, a russian woman whose past is to say the least a bit odd (much is made of the fact that she has a high education etc etc but she worked for a dating service and accepted a 50.000 dollar job, neither impress me, exactly what background does she come from?)

    We got Hans who seems to be a typically socially inept geek who however apparently has enough social skills to run an international business in ways that suggest he is not entirely adverse to a little risky/shady business.

    And we got a self-confessed serial killer.

    If you were an editor faced with this script you would just drop it because no audience would buy it.

    If they make this into a Law & Order ep it will have tobe a two-parter at least to follow all the twists.

    Odd case and with no clear evidence I think we will never know the real truth.

    --

    MMO Quests are like orgasms:

    You may solo them, I prefer them in a group.

  44. A wide spectrum of possibilities. by chris_sawtell · · Score: 4, Interesting
    A disclaimer: I am not a US citizen and live thousands of miles away, but thanks to Wired, SFGate.com and Jay Gaskill, I have kept myself as well informed about this sad state of affairs as it is possible to do with out actually being in the Court.

    The whole trouble with this case is that the evidence we have seen so far allows one to mentally conjour up so many equally valid scenarios. To wit - all equal possibilities, ranked in seriousness:-

    1. A nasty, skilled, pre-meditated killing.
      Evidence for the prosecution:
      • Hans knew that Beverly Palmer was going to be away for the whole week-end.
      • Hans arranged for Nina to come to the empty house in the middle of a long holiday, when few of the neighbours would be around.
      Missing Evidence:-
      • No 'Smoking Gun', or actual witness.
    2. A crime of passion. Nina's previous behavour had so sensitized Hans that he struck out in an uncontrolled, mindless rage and killed her in a few seconds using a Judo chop of some kind.
      For:
      • Han's behavour immediately after Nina's disappearance.
      Against:
      • Rory said his mother gave him a hug and left the house.
    3. Nina left the house, and proceeded to a 'Professional Appointment' with Sturgeon. She died, possibly accidentally, during the 'treatment'. Hans may or may not have been involved with the disposal of the body.
      For:
      • It's happened before in other Jurisdictions.
      • Sturgeon has confessed to having been involved with many deaths.
      Against:
      • None.
    4. Nina, a pleasant looking chick, and alone in her car, got hijacked, dragged off to some unknown place, gang raped, killed, and dumped in the sea to be eaten by sharks.
      For:
      • Judging by what I read about the Oakland neighbourhood, this is no more a fanciful scenario than any of the others.
    This whole parody of a trial seems to me to be something straight out of 'Alice Through the Looking Glass'. The defendant and his parents are all as mad as the Hatter. The forensic DNA technician is incompetent. The prosecution has spent 3 whole months spouting a cloud of largely irrelevant waffle. While they have demonstrated that Hans could have done the deed, and that he had a degree of motive, there has been not one jot of independent expert evidence that, at the time of the alleged crime, he was sufficiently sane to form the intent to murder, that he was fit to plead, or that he actually did the deed. This is the sort of crime, and resultant investigation, which cries out for a "Not Proven" verdict,
    1. Re:A wide spectrum of possibilities. by Anonymous Coward · · Score: 0

      This is the sort of crime, and resultant investigation, which cries out for a "Not Proven" verdict,

      Death Row is full of innocent people wrongly convicted. There goes Mr Reiser.

    2. Re:A wide spectrum of possibilities. by nagora · · Score: 1
      Don't forget: "Nina's serial killer boyfriend killed her and buried her somewhere and is having a laugh at Hans' predicament". I'll just repeat that: Nina's boyfriend has confessed to being a serial killer with "at least" 16 victims. That one pretty well kills any chance of a "guilty" verdict for me unless some very solid evidence turns up.

      TWW

      --
      "Encyclopedia" is to "Wikipedia" what "Library" is to "Some people at a bus stop"
    3. Re:A wide spectrum of possibilities. by doom · · Score: 1

      The prosecution has spent 3 whole months spouting a cloud of largely irrelevant waffle.

      Yeah, it seems irrelevant to you and me, but there's a purpose to it: he wants to convince the jury that Hans is Not Normal. America is the land of the free, but if you end up in court, you can expect to be hassled for every single little point where deviate from middle class expectations.

    4. Re:A wide spectrum of possibilities. by doom · · Score: 1

      Oh, by the way, you skipped some possibilites:
      5. Nina decided to skip town and head back to Russia.
      a. This was a long-standing plan.
      b. She did it on impulse for some reason.

    5. Re:A wide spectrum of possibilities. by chris_sawtell · · Score: 1

      Hans won't be executed because the prosecution are not calling for a death sentence penalty, presumably because they know that to get that to stick they need to have a 'smoking gun' or some similarly water-tight evidence, which they have not got in this case.

      In many jurisdictions Nina's behaviour prior to the event would be grounds for invoking either a 'diminished responsibility' or a 'provocation' defence. Is either available in California?

      And yes, Nina could well have just skipped off to a port, and jumped on a ship heading across the Pacific to Russia. The possibilities are more or less virtually endless. We just don't know exactly what happened, and probably never will.

    6. Re:A wide spectrum of possibilities. by Rinkhals · · Score: 0

      Hans won't be executed because the prosecution are not calling for a death sentence penalty, presumably because they know that to get that to stick they need to have a 'smoking gun' or some similarly water-tight evidence, which they have not got in this case. Pretty obviously an error on their part.

      Had they called for the death penalty, they would have strengthened their case, surely? By not calling for the death penalty they are, as you rightly point out, appearing to be uncertain.

      In this particular instance, Reiser and his defense team appear to have given them more than enough ammunition by their erratic behaviour, I'll bet the prosecution is now regretting not doing so.

      I believe this all goes to further add weight to my contention that justice in the US is primarily based on the capability (or lack thereof) of the defense and their protagonists.

      Mod this as flamebait if you wish, I personally feel that it is a valid issue.

      But then, As I stated before, I am not a US citizen.
      --
      "I'm a snake if we disagree"-Jethro Tull, Bungle in the Jungle
  45. Perfectly Reasonable if Explained Properly by istartedi · · Score: 2, Interesting

    I've experienced this myself, although it was particularly bad in elementary school. Many geeks have Asperger's syndrome, and others, although not diagnosed Aspergers's, have traits that put them on the "autistic spectrum".

    I have some of those traits, and the one that tends to cause the most problems in this context is "innapropriate affect". This is where you have an unexpected reaction or facial expression that doesn't match up with what "normal" people expect. In my case, I would smile and feel a bit giddy when I was getting dragged to the principal's office. It didn't mean I was happy, it just meant that my mind dealt with the whole deal by minimizing it to the point of meaninglessness, and that was very amusing. The "normals" interpreted this as a "guilty grin", and I got punished for it on more than one occasion when I was perfectly innocent. As I got older, I learned somewhat how to provide the correct "output" for various situations.

    Assuming HR is innocent, it wouldn't surprise me if he were going through this. Of course, it doesn't mean he's not guilty either.

    --
    For all intensive purposes, "whom" is no longer a word. That begs the question, "who cares"?
    1. Re:Perfectly Reasonable if Explained Properly by neminem · · Score: 1

      Hehe... I know that one. Granted, I never had people think I was proving myself guilty with that sort of thing, but I definitely, a number of times growing up, got into further trouble for "not appreciating the severity of the situation".

  46. OT:Desperate Twinkies by TapeCutter · · Score: 1

    Writing/designing a 'good' filesystem depends on your particular definition of 'good', it's a trade-off between KNOWN qualities using KNOWN algorithms with KNOWN limitations. Come up with an algorithm that has new qualities and you have something more than just a variation on a theme. For all I know it may be an optimal trade-off for a particular application but I highly doubt it has removed (or even moved) any pre-existing limitations on what a filesystem can do.

    "It's quotes like this that make me not believe you."

    Yet, I am supposed to listen in silence to a guy called LiENUS who completely misinterpreted what the OP said, and consequently missed any relevant point he may of had.

    Your little FAT clone

    I am fat you insesitive clod, but I don't have a clone.

    "You really need to get over yourself."

    That's what the so-called 'midlife crisis' is all about, I don't need another. If I'm still alive when you have yours, come back and tell me how you once thought ReiserFS was the bee's knees that would revolutionize storage.

    --
    And did you exchange a walk on part in the war for a lead role in a cage? - Pink Floyd.
    1. Re:OT:Desperate Twinkies by LiENUS · · Score: 1

      Writing/designing a 'good' filesystem depends on your particular definition of 'good', it's a trade-off between KNOWN qualities using KNOWN algorithms with KNOWN limitations. Come up with an algorithm that has new qualities and you have something more than just a variation on a theme. For all I know it may be an optimal trade-off for a particular application but I highly doubt it has removed (or even moved) any pre-existing limitations on what a filesystem can do. As far as I can tell from this fragmented though the "it" is ReiserFS. In which case you appear to have no idea why ReiserFS is considered unique... Why exactly are you here arguing that Hans Reiser did not accomplish anything special when you have no idea what it is he did?

      "It's quotes like this that make me not believe you."

      Yet, I am supposed to listen in silence to a guy called LiENUS who completely misinterpreted what the OP said, and consequently missed any relevant point he may of had.
      It's better than listening to some guy called "TapeCutter". As an FYI the name is in reference to the surname of a Norwegian friend of mine. Kind of strange your allegation of misinterpretation given the entirety of your post is a massive misinterpretation.


      Your little FAT clone

      I am fat you insesitive clod, but I don't have a clone.

      I'm assuming this is part of your troll but I'll clarify anyway FAT was capitalized for a reason. It is referring to a file system (you know, the topic of this discussion)


      "You really need to get over yourself."

      That's what the so-called 'midlife crisis' is all about, I don't need another. If I'm still alive when you have yours, come back and tell me how you once thought ReiserFS was the bee's knees that would revolutionize storage.
      I never said anything about what ReiserFS might or mightnot do. I said that liquidpele and milsoRgen are nowhere near Hans Reiser on intelligence level and as such are unfit to decide whether or not he is a genius. The only example I have that is easily compared to them is ReiserFS. Something that I asserted liquidpele was in fact incapable of doing himself and milsoRgen admitted he was incapable of. Sure liquidpele could read up on the specifications and make his own driver that is compatible with it, or even implement the functionality in a completely incompatible way. But he could not come up with his own innovative file system by himself. Which is what I challenged him to do.
    2. Re:OT:Desperate Twinkies by Anonymous Coward · · Score: 0

      That's what the so-called 'midlife crisis' is all about, I don't need another. If I'm still alive when you have yours, come back and tell me how you once thought ReiserFS was the bee's knees that would revolutionize storage. As a side note I probably won't be alive long enough to have a mid life crisis, my mind is tearing itself apart I don't expect to live past 35.
    3. Re:OT:Desperate Twinkies by TapeCutter · · Score: 1

      "Why exactly are you here arguing that Hans Reiser did not accomplish anything special when you have no idea what it is he did?

      You are acting like an obtuse moron! - God help Raiser if he is as 'intelligent' and 'difficult' as you are.

      --
      And did you exchange a walk on part in the war for a lead role in a cage? - Pink Floyd.
    4. Re:OT:Desperate Twinkies by LiENUS · · Score: 1

      You are acting like an obtuse moron! - God help Raiser if he is as 'intelligent' and 'difficult' as you are. What makes you Think I've never been in Hans' position?
    5. Re:OT:Desperate Twinkies by Anonymous Coward · · Score: 0

      You are acting like an obtuse moron! - God help Raiser if he is as 'intelligent' and 'difficult' as you are. And God help anyone who is as 'stupid' as you are.
    6. Re:OT:Desperate Twinkies by dbIII · · Score: 1

      It is very simple. A Univeristy admission board decided he was a genius and let him in before he was even a teenager. That is where the label came from whether it applies now or not.

    7. Re:OT:Desperate Twinkies by TapeCutter · · Score: 1

      I don't doubt you are often misunderstood and disliked. Puffing up your own ego by putting words into other peoples' mouths and then using those words to deflect a point is neither intelligent nor endearing. It's immature, pointless, and worst of all tedious.

      --
      And did you exchange a walk on part in the war for a lead role in a cage? - Pink Floyd.
    8. Re:OT:Desperate Twinkies by maxwell+demon · · Score: 1

      The fact that the number of people with allegedly killed wives is still the minority?

      --
      The Tao of math: The numbers you can count are not the real numbers.
    9. Re:OT:Desperate Twinkies by Anonymous Coward · · Score: 0

      The fact that the number of people with allegedly killed wives is still the minority? I'm sorry but was there anywhere in that post stating that there was a dead wife?
    10. Re:OT:Desperate Twinkies by maxwell+demon · · Score: 1

      Combine the question in the post I answered to, "What makes you Think I've never been in Hans' position?", with the fact that having an allegedly dead wive is exactly the position Hans Reiser currently is in.

      --
      The Tao of math: The numbers you can count are not the real numbers.
    11. Re:OT:Desperate Twinkies by Anonymous Coward · · Score: 0

      Hans Reiser is in a position of being thrust into court in a large part because the police don't like someone who is different from them. True, he possibly killed his wife but that's not what this article is about its about his attorney's claim that because he is different he is being singled out. Theres also the guy who claims to be a serial killer and had an affair with his wife but apparently the police in this case identify more with cross dressing serial killers than nerds.

    12. Re:OT:Desperate Twinkies by Antique+Geekmeister · · Score: 1

      Hans Reiser managed to have children. Somehow, I don't think you've ever achieved the necessary "position" to do that, even if you also bought a mail-order bride.

    13. Re:OT:Desperate Twinkies by LiENUS · · Score: 1

      That's not what I was referring to and you know good and well it's not. As an FYI I am engaged to a very lovely and nice girl. No purchase necessary.

  47. Detective fiction by CustomDesigned · · Score: 2, Interesting
    If a someone is seen entering a house, the victim is heard screaming "oh my God, he's killing me!!!!" and that someone then is seen fleeing the house with a bloody knife, then there is only circumstantial evidence that he committed the crime.

    And if you read this in a good detective story, you would immediately know that the man fleeing the house with a bloody knife is almost certainly *not* the killer. Near the end of the book, you will be gratified to learn that indeed, it was not the poor bloke fleeing the house, (who was fleeing for his own life after unsuccessfully battling the killer), but neither was it the sinister filthy rich jerk you've suspected all along. In fact, you would have never suspected who it turns out to be.

    For a good example, try The Clue of the Twisted Candle.

    While these stories are fiction, and idealize the principle, circumstantial evidence in real life can be like a magicians sleight of hand, making you believe you saw what wasn't there. The classic ballad Go Down you Murderer speaks to the sometimes tragic results.

    1. Re:Detective fiction by ucblockhead · · Score: 1

      Life isn't fiction. If you see a man fleeing a house with a bloody knife, 99.9% of the time, he's the killer.

      If you take fiction for reality, you are a fool.

      --
      The cake is a pie
    2. Re:Detective fiction by TapeCutter · · Score: 1

      Hah - I just posted another reply pointing out the story of 'Twelve angry men'. More of a cautionary tale than a detective story.

      As for great detective stories: Why was Mrs Green in the parlor with the candlestick in the first place...Hmmmmm?

      --
      And did you exchange a walk on part in the war for a lead role in a cage? - Pink Floyd.
    3. Re:Detective fiction by jabuzz · · Score: 1

      Think is that there is this the beyond *ALL* reasonable doubt thing. By your own admission there is a 0.1% chance he's innocent, so if that is all the evidence you have then there is some reasonable doubt and you have to find them not guilty.

      It is why OJ Simpson was found not guilty. The glove the prosecution said the killer wore didn't fit; reasonable doubt. All DNA testing was done in the one lab, with all sort of cross contamination issues; reasonable doubt. The list goes on and on (frankly the prosecution where abysmal). Anyway any *ONE* of those would have been enough to secure a not guilty conviction.

    4. Re:Detective fiction by aussie_a · · Score: 1

      It isn't beyond all doubt. But beyond all reasonable doubt. I wouldn't call a 0.1% chance of innocence reasonable doubt.

    5. Re:Detective fiction by shaitand · · Score: 1

      "Life isn't fiction. If you see a man fleeing a house with a bloody knife, 99.9% of the time, he's the killer.

      If you take fiction for reality, you are a fool."

      Life is stranger than fiction. There were dozens of instances where my arse was tanned because it was 'clear' I had done something wrong when in fact I was innocent. If there was anyone else in the house then anyone can reason that it is possible the someone else committed the crime, it doesn't matter if you think the fleeing man did it because there is a reasonable doubt.

    6. Re:Detective fiction by TapeCutter · · Score: 2, Funny

      "There were dozens of instances where my arse was tanned because it was 'clear' I had done something wrong when in fact I was innocent."

      Bill Cosby was right - "Parents aren't intrested in justice, they just want quiet".

      --
      And did you exchange a walk on part in the war for a lead role in a cage? - Pink Floyd.
    7. Re:Detective fiction by Antique+Geekmeister · · Score: 1

      As it turns out, the prosecution screwed up that presentation. The gloves had been blood-soaked and water soaked, and that kind of thin high-quality leather glove is going to shrink if you do that and just leave it sitting out. They should have brought a brand new pair of identical gloves and had him try on the new or a slightly worn, broken-in pair, not that tattered pair, because those gloves were, according to a later report I saw, his size.

  48. The Golden Rule: Thou shall not get caught by Dr.Altaica · · Score: 1

    Come on it was in a Disny movie

    But people don't get that not doing the crime in the first place is a terrible way not to get got.

  49. The evidence is a joke by LingNoi · · Score: 1

    If you go through and read some of the evidence they're trying to convict him with in court it's so laughable that I can't believe they haven't freed him already.

    There was some "blood on a pillar", although it might not be Nina's blood and it might not be blood at all, it might be saliva according to the expert witness.. Best quote "Well it's not like someone is going to lick the pillar". Yeah, because children don't lick stuff...

    That being said I don't think he did it, but there is one way to find out. Someone needs to hire a PI in Russia and I bet he'd have photos of Nina within two weeks of following Reiser's kids around.

    The whole thing just looks too much like a setup..
    - Rotting groceries in the car to make it look like she was caught by surprise
    - Her passport conveniently in the car to make it look like we know she hasn't left the country
    - The children being quickly sent away to Russia so they couldn't give vital information in the trial
    - The children admitting that they had been told to say things to convict Reiser

    and lets not forget Nina is a Russian rent-a-bride and probably only married Reiser to get the US visa.

    1. Re:The evidence is a joke by IgnoramusMaximus · · Score: 1

      and lets not forget Nina is a Russian rent-a-bride and probably only married Reiser to get the US visa.

      Which of course makes no sense whatsoever as an accusation. At this point any attempts by her (if she were alive) to cross the borders of the US would set off all sorts of alarms in the DHS computers. Similarly, she is probably in the computers of other countries such as Canada and all the EU members as a "missing person" or "person of interest" or what not, which would also, at the least, set off alarms if she attempted to obtain a visa (for which, being a Russian, she must if she wants to travel there).

      Ergo her mobility would be essentially reduced to Russia and a number of countries not in any way linked to Western police information networks.

      All of the above rendering the whole scheme of "getting the US visa" utterly and completely useless.

    2. Re:The evidence is a joke by crashfrog · · Score: 1

      All of the above rendering the whole scheme of "getting the US visa" utterly and completely useless. ...unless, of course, you wanted to live in the US prior to your disappearance to defraud your putative husband's company for all it was worth.

      Which, you know, she did. Which would then make escaping to Russia - after the US visa became essentially useless - a great deal more attractive.

      "No sense whatsoever as an accusation"? I think maybe you're not understanding the accusation.

      --
      I never have frustrations, the reason is, to wit:
      If at first I don't succeed, I quit!
    3. Re:The evidence is a joke by IgnoramusMaximus · · Score: 1

      ... unless, of course, you wanted to live in the US prior to your disappearance to defraud your putative husband's company for all it was worth.

      What?! The dude had nowhere near enough money to run the "business" to begin with, lived on hype and grandioso, megalomaniac pronouncements, had no customers to speak of, certainly none that could pay enough to make the thing profitable, spent whatever he could borrow and then went to live with his mother when the whole thing came crashing down on his head when the last credit line run out and the very last credit card bottomed out. The woman saw the thing coming a mile away and got a divorce before the shit hit the fan and now you blame her for her foresight! The fact that Hans is by all accounts a class A jerk had, I am sure, aided her decision making process immensely and by looks of things led to her presently residing a few feet underground in some woods.

      "Defraud for all its worth?!" How in the world do you defraud a bankrupt business with no assets, no customers and an overdrawn bank account?! And all of that only by faking your own murder and setting all of the Western police agencies after your ass! Now that is a profitable scheme I would like to hear about!

    4. Re:The evidence is a joke by crashfrog · · Score: 1

      How in the world do you defraud a bankrupt business with no assets, no customers and an overdrawn bank account?!

      Try to be less credulous. Where do you think the assets went? Why do you think they were overdrawn?

      Nina Reiser. Look, even the prosecution is using her embezzlement as motive for murder, so clearly it's a matter of public record.

      --
      I never have frustrations, the reason is, to wit:
      If at first I don't succeed, I quit!
    5. Re:The evidence is a joke by IgnoramusMaximus · · Score: 1

      You mean to tell me that the company actually made money from sales, ever? Who were the paying customers then?! All these years Hans was famous for these things: a wacky filesystem, big mouth and no business acumen or plan whatsoever. Are you telling me that he somehow managed to organize a cabal of secret well-heeled customers showering him with cash to engage in constant flamewars on LKML, ostensibly as a part of an effort to develop a buggy, overcomplicated file system meant to deliver performance advantages of dubious nature, licensed in such a way so that it could be used freely by the general public? Was he funded by some sort of a filantropist gang?! Did they sell kabobs on the side to fund themselves, making millions?! That would be quite shocking news to anyone who ever heard of ReiserFS and Namesys.

      Also as to "embezzlement" it would appear that the only persons who are making such claims are ... Hans and his divorce attorney (who was "investigating" it - with no evidence to present at the time of questioning at the murder trial proceedings), not the prosecutor. And it involves ... an alleged loan to Hans (Terror! Shock! Surprise! Who woulda have thunk Hans was borrowing money from people to prop-up that great profit center of his that was Namesys?! Never!).

    6. Re:The evidence is a joke by crashfrog · · Score: 1

      Look, you're just proving the defense's case, then. If there's no embezzlement then there's no motive for murder. They were already divorced, after all.

      --
      I never have frustrations, the reason is, to wit:
      If at first I don't succeed, I quit!
    7. Re:The evidence is a joke by IgnoramusMaximus · · Score: 1

      Who said this had anything to do with money? You apparently need to look up some crime statistics. You would be probably shocked to find that a jerk ex-boyfriend/ex-husband is statistically, hands down, a #1 candidate for a murderer of a woman. Money? How about a "no good Russian bitch" daring to defy a boy genius who is famous for throwing tantrums when some kernel developer dared to defy him about a line of code or two? How "dared" she try to live a normal life when he was reduced to begging his mother for food? "Its all her fault!", "I made her and I will unmake the bitch!" etc and so on. The delusions abouth her "embezzling" stuff fit nicely in the process of constructing an internal self-justification. He "could not" have been responsible for all of these financial disasters, he is a genius after all, she must have done it! Her ... and ... and ... and all those conspirators helping her!

      Spurned love, his nasty personal traits, huge bruised ego, consequences of his other self-centered actions closing in on him, psychological stress, unwillingess/inability to accept responsibility, desperate search for scapegoats to blame to rescue his self-worth, paranoia, etc and so on, I am sure that every psychiatrist (or pretty much every police homicide detective on the planet) would be able to give you a complete list.

    8. Re:The evidence is a joke by crashfrog · · Score: 1

      You would be probably shocked to find that a jerk ex-boyfriend/ex-husband is statistically, hands down, a #1 candidate for a murderer of a woman.

      Right, but statistically that murder is almost always predicated by abuse, and there's no indication that ever happened. If anything Hans was probably abused by Nina. (That she basically dumped Hans for a hardcore SM enthusiast is suggestive, here.)

      And they had been divorced for years; hardly the timeframe for a "crime of passion."

      How about a "no good Russian bitch" daring to defy a boy genius who is famous for throwing tantrums when some kernel developer dared to defy him about a line of code or two? How "dared" she try to live a normal life when he was reduced to begging his mother for food? "Its all her fault!", "I made her and I will unmake the bitch!" etc and so on. The delusions abouth her "embezzling" stuff fit nicely in the process of constructing an internal self-justification. He "could not" have been responsible for all of these financial disasters, he is a genius after all, she must have done it! Her ... and ... and ... and all those conspirators helping her!

      That's quite the fantasy you've concocted, but I don't see any reason to believe it has any basis in fact. You certainly don't provide any. I don't know much about Linux filesystems, but ReiserFS must really have pissed a lot of people off, judging by how much people like you are falling all over themselves to convict Hans Reiser of a murder that there's no evidence even happened.

      --
      I never have frustrations, the reason is, to wit:
      If at first I don't succeed, I quit!
    9. Re:The evidence is a joke by IgnoramusMaximus · · Score: 1

      Right, but statistically that murder is almost always predicated by abuse

      Untrue. A high portion of the murderers did indeed commit violent domestic abuse but a significant chunk of their population did not, their violent tendencies only came to the surface at the "revenge" stage, particularly following acrimonious child custody/property ownership battles. Some analysts I've read claim that there is also a strong contributing factor involving a decrease of the standard of living of the ex-boyfriend/husband after the divorce/separation coupled with a (as preceived by him) maintenance or increase of the standard of living of the ex-wife/girlfriend, for which situation he begins to blame her. Which is precisely what happened with Hans. Then there is the kids, who can be influenced by the parent with the majority of access time (usually her) against the other one, something which he will certainly observe since frequently kids must be delivered to him for some "shared" custody arrangements, and kids can behave rather cruelly in those cases giving all the indications of being sent to "do time" with the father etc. There is a very, very long list of such items which can push an unstable personality over the edge.

      If anything Hans was probably abused by Nina. (That she basically dumped Hans for a hardcore SM enthusiast is suggestive, here.)

      Again, this is Hans and his divorce attorney talking (in the pre-eliminary hearings). It is my impression that Hans sees Nina as having affairs with a lot of people. Nina's friends claim on the other hand that there was no affair at all and the whole thing is Hans' imagination. But assuming they are lying, if Nina was such a dominatrix, there would have been aplenty of public incidents prior to their divorce (i.e. him showing up bruised to work etc). As far as we can tell no physical (mental is quite a different matter) abuse was going on either way at the time. As to the "hardcore SM enthusiast" who "killed" 8 people one wonders who the eight were and why isnt he under arrest for that "crime". I am sure the police would have been more then pleased to nab a serial murderer and would have eagerly traded some washed-up Linux geek for one of those. The truth of course is that tongue wagging of some loon and the reality do not always align. Furthermore there might be some other wee difficulties such as for example him having an iron-clad alibi for the time of the Nina's disappearance or the "dead" people he "murdered" being alive, kicking and having a chuckle or two over beer with the cops sent to investigate their demise.

      That's quite the fantasy you've concocted, but I don't see any reason to believe it has any basis in fact. You certainly don't provide any. I don't know much about Linux filesystems, but ReiserFS must really have pissed a lot of people off, judging by how much people like you are falling all over themselves to convict Hans Reiser of a murder that there's no evidence even happened.

      That was not a "story" but an illustration of a common thought pattern amongst these ex-boyfriends, one which is readily available to anyone who bothers to read some publicly available case histories (I admit, morbid curiosity once led me to spend many hours into the late night reading the stuff). As to evidence of her murder it is as strong as one can reasonably expect under the circumstances. There is no record of her leaving the country (and we are talking post 9-11 DHS-infested world here). In order to do so unnoticed she would have to resort to some seriously dangerous manouvers involving organized crime connections. There is nothing in the record so far to suggest that she was capable of this. Not to mention the thing which I already pointed out: there was no financial (or any other) gain for her in this which would offset the many, many tactical downsides of such an action.

      As to Hans "pissing people off", he did on many, many occasions demonstrat

    10. Re:The evidence is a joke by crashfrog · · Score: 1

      As to the "hardcore SM enthusiast" who "killed" 8 people one wonders who the eight were and why isnt he under arrest for that "crime".

      That's certainly a question Reiser's defense would like answered. I mean, it's not like the police would simply focus on their original suspect and overlook more promising leads once they'd committed to building a specific case, right?

      Naw, that never happens, I'm sure.

      That was not a "story" but an illustration of a common thought pattern amongst these ex-boyfriends

      The problem is that it's a pattern of other people, not of Hans Reiser, and therefore it's essentially irrelevant (and prejudicial, if this were a courtroom.) There's no basis for securing a conviction simply because the defendant may be like some other people, some of whom have committed murder. Again if you have evidence that isn't simply your speculations about Hans' state of mind, we're waiting for it.

      As to evidence of her murder it is as strong as one can reasonably expect under the circumstances.

      Well, no, it's not. A stronger case would have an actual body, an actual murder weapon, and Hans' actual prints on it, for instance.

      But none of that exists. It's only the convenient, easily-explained "disappearance" of a conwoman with foreign ties and reason to flee that suggests murder in the first place; I'm sorry but that doesn't begin to rise to the level of proof. No murder, no conviction. The prosecution has a double-uphill battle, here.

      There is no record of her leaving the country

      Well, of course there wouldn't be; that would defeat the whole purpose of setting Hans up for murder, now wouldn't it? Nonetheless there's ample evidence of her preparation for absconding to Russia; among other things, her efforts to obtain Russian citizenship for the children.

      As to Hans "pissing people off", he did on many, many occasions demonstrate conclusively to us (by his own words and deeds) his abrasive, intolerant, self-centered, megalomaniac "personality" which, in retrospect, led many people to become highly skeptical about his painting himself as an innocent victim of some mealevolent forces arrayed against him.

      And the fact that he flamed some people on the internet is not particularly suggestive, either. Or else there's a whole lot of Star Trek chatrooms that need to be investigated for murder.

      --
      I never have frustrations, the reason is, to wit:
      If at first I don't succeed, I quit!
    11. Re:The evidence is a joke by IgnoramusMaximus · · Score: 1

      Naw, that never happens, I'm sure.

      Not with serial murderers, that's for sure. Look, the cops love good PR because it translates into political favours and funding. Serial murderers provide excellent PR, far more so then some idiotic Linux nerd of whom the vast majority of the voters never heard and do not give a flying fuck. Therefore the cops would have wasted no time whatsoever to toss Hans' case out in order to get a serial murderer so that they can hog all the TV channels preening themselves in front of big boards with pictures of all the victims affixed to them. That is just a no-brainer. You are just so hang up on your "poor, poor Hans being persecuted by the whole planet" theme that you fail to see this rather obvious fact. Cops do not give a rat's ass about Hans and would trade him up for something bigger (specially a serial murderer) in a flash.

      The fact that they did not do that is a good indication that there were no serial murders and the "SM enthusiast" is simply delusional, imagining things that never happened. To great disappointment of many a cop, I am sure.

      The problem is that it's a pattern of other people, not of Hans Reiser, and therefore it's essentially irrelevant (and prejudicial, if this were a courtroom.) There's no basis for securing a conviction simply because the defendant may be like some other people, some of whom have committed murder. Again if you have evidence that isn't simply your speculations about Hans' state of mind, we're waiting for it.

      That is like saying that only because a vast majority of men eat cheese that does not mean that Hans did. Sure, technically its true. Practically however it means that the odds of him doing so are very good. Now if you combine that with other circumstances (a bunch of cheese crumbs on his chin) you would probably be able to make a convincing case of him being guilty of eating that sole cheese sandwitch which disappeared from the room in which he and 10 other men were locked up. Statistical data does not constitute "proof" on its own. It is however a contributing factor which cannot be ignored.

      Well, no, it's not. A stronger case would have an actual body, an actual murder weapon, and Hans' actual prints on it, for instance.

      Err, that would no longer be "under the circumstances", circumstances which involve ... a situation where one of prime objectives of Hans would be to get rid of the body and the weapon. Look, we could set a standard where the minimum requirements for murder conviction would be a body, murder weapon with prints on it, a full-motion video from 20 cameras of the actual event, a spy satellite pictures of the event in visual and IR images, a village full of first-hand witnesses, a cop present to arrest the perpetrator in the process of committing the act and a from-behind-a-grave testimony extracted by a shamaness with a ouija board. Extremely low possibility of errors ... and no convictions ever.

      In other words you want a successful disappearance of a body and a weapon to be a guaranteed walk-out-of-jail-free card for any murderer, just so that "poor Hans" can walk away from his "evil persecutors". That of course would establish a brisk market in various acids and incineration devices (purchase of which would be "circumstantial evidence" and thus not admissible according to you) and we would be all sooooo much better for it, no?

      Well, of course there wouldn't be; that would defeat the whole purpose of setting Hans up for murder, now wouldn't it? Nonetheless there's ample evidence of her preparation for absconding to Russia; among other things, her efforts to obtain Russian citizenship for the children.

      You crack me up. First your not so thinly disguised USA #1, USA #1, USA #1 superiority complex ... it will probably shock you to know that a vast majority of peo

    12. Re:The evidence is a joke by crashfrog · · Score: 1

      Cops do not give a rat's ass about Hans and would trade him up for something bigger (specially a serial murderer) in a flash.

      Again, you claim knowledge that you couldn't possibly have without mental telepathy. The simple truth is that your speculations on what unspecified cops would do is completely irrelevant and is no basis to conclude anybody's guilt.

      The facts are than Sean Sturgeon claims to be a killer many times over, and that hasn't been investigated at all. And it's just as likely that a zealous DA would want to railroad the suspect he has, rather than drop the charges mid-trial and start all over again.

      Practically however it means that the odds of him doing so are very good.

      The odds, huh? Why don't you show your math on that, if you're talking about probability, now?

      Err, that would no longer be "under the circumstances", circumstances which involve ...

      Circular reasoning, then, if you're going to argue that it's the "best possible case" so long as you ignore all the better alternatives. Under these circumstances, you have no case at all. There's no evidence she was murdered, and it's more likely that she was not. That's the obstacle you have to overcome before we get into any question of Hans' guilt.

      Look, we could set a standard where the minimum requirements for murder conviction would be

      Or we could stick with the standard we have - proof of guilt beyond reasonable doubt. Your standard is different, it's apparently "as much proof as we're likely to have, given circumstances that result in their being no proof at all", and unfortunately for you and the prosecuting DA, that's insufficient to obtain a legal conviction in the United States.

      In other words you want a successful disappearance of a body and a weapon to be a guaranteed walk-out-of-jail-free card for any murderereven happened, and you can't prove that the accused had anything to do with it, then yes, a "murderer" should go free - because he's clearly not a murderer, at least according to the law.

      Innocent until proven guilty, remember? That's how it works, here.

      First your not so thinly disguised USA #1, USA #1, USA #1 superiority complex ..

      I don't know what you think you're talking about; there's absolutely none of that in my post. With that kind of projection, you should work in the movies, moron.

      it will probably shock you to know that a vast majority of people from the former Eastern block maintain citizenships in their old countries and procure them for their children.

      It may shock you to know that neither the United States nor Russia recognize dual citizenship; both countries' State Depts. recognize an attempt to secure citizenship in that country to be renouncing citizenship of any other. Obtaining a foreign passport for American nationals for Russia isn't done simply to expedite vacations in Moscow; by legal definition it's a predicate to a permanent move. (And what a surprise, Hans' children have been moved to Russia, under the care of their grandmother - supposedly - and have no plans to be returned.)

      And of course you did not answer the point about the means of such a trace-less "escape"

      The means? The US maintains the single largest unguarded border in the whole world (and certainly did at the time of her disappearance.) Contrary to your delusions of Big Brother government, it's still quite easy to leave the United States under false pretenses.

      That is not a question of just flaming

      Oh?

      I would suggest browsing mailing lists and net articles

      So it is just internet flaming we're talking about. Gotcha.

      --
      I never have frustrations, the reason is, to wit:
      If at first I don't succeed, I quit!
    13. Re:The evidence is a joke by IgnoramusMaximus · · Score: 1

      Again, you claim knowledge that you couldn't possibly have without mental telepathy. The simple truth is that your speculations on what unspecified cops would do is completely irrelevant and is no basis to conclude anybody's guilt. The facts are than Sean Sturgeon claims to be a killer many times over, and that hasn't been investigated at all. And it's just as likely that a zealous DA would want to railroad the suspect he has, rather than drop the charges mid-trial and start all over again.

      I am getting tired of your stupid shtick wherein you speculate wildly and with no evidence whatsoever on why "crooked cops with an agenda" and "overzealous railroading DAs" are after poor, poor innocent Hans, following which you then try to sanctimoniously and pompously accuse me of "speculating" when I point out well known, obvious to pretty much anyone but you facts.

      Also DAs and cops are in different organizations with often conflicting interests. In particular cops do not need a DA to direct them to investigate something and furthermore the cops responsible for serial murderers are a whole different bunch from those responsible for investigations of spousal homicide, the former likely to be the Feds, specially if the loon Sean claimed to murder residents of multiple states. You are grasping, desperately, at smaller and smaller straws by speculating more and more wildly (and then accusing me of it).

      The odds, huh? Why don't you show your math on that, if you're talking about probability, now?

      Of course. It was always about probabilities. All but a very rare few murder trials are about probabilities. What the fuck do you think the words "beyond reasonable doubt" stand for? What is "reasonable"? It is the code word for "most likely". I.e. that thing that the jurors deem to have happened with the highest probability. Absolute certainty is nearly never attainable in the courtroom. If you demand it, you might as well demand that 99.9% of criminals go free. Which is what I am starting to suspect your position is all about. Have you been convicted of some crime and are brimming with resentment for it? That would explain a lot.

      Circular reasoning, then, if you're going to argue that it's the "best possible case" so long as you ignore all the better alternatives. Under these circumstances, you have no case at all.

      What "better" alternatives? Do you know where the body is buried or have a video of her partying in Vladivostok? What the fuck are you talking about? Some hypothetical woulda-coulda-shoulda wherein no one is ever put on trial until they commit the crime on national TV, most likely. Again your thinly disguised desire to do away with nearly all of the crime convictions is striking.

      There's no evidence she was murdered, and it's more likely that she was not.

      You are just like that Sean dude, plain nuts. There are reams and reams of circumstantial evidence (yes that is valid evidence) that she was murdered and none to indicate that she left the country.

      That's the obstacle you have to overcome before we get into any question of Hans' guilt.

      As I pointed out before, your demands that every murder conviction was done with the requirement of a body and a murder weapon is insane and would lead to a vast majority of murderers getting away scot free.

      Or we could stick with the standard we have - proof of guilt beyond reasonable doubt.

      See above. You apparently have no clue what "reasonable" means.

      ... even happened, and you can't prove that the accused had anything to do with it, then yes, a "murderer" should go free - because he's clearly not a murderer, at least according to the law.

      As it has been pointed to you multiple times a) there is evidence of a murder of Nina, b) ther

    14. Re:The evidence is a joke by crashfrog · · Score: 1
      I am getting tired of your stupid shtick wherein you speculate wildly and with no evidence whatsoever on why "crooked cops with an agenda" and "overzealous railroading DAs" are after poor, poor innocent Hans

      Then stop with your wild speculations on "what cops would do" and "what lawyers would do" and "what Russian mail-order brides would do" and I won't have to counter-speculate.

      The simple truth is that you haven't offered one single piece of evidence for either the murder or Hans' involvement in it, and neither has the DA. Not one single piece of evidence - just nonsense speculations about what people you don't even know "would do."

      What the fuck do you think the words "beyond reasonable doubt" stand for? What is "reasonable"? It is the code word for "most likely".

      No, it's not. "Most likely" means "preponderance of evidence", and while that's the evidentiary standard for civil trials, criminal convictions require a greater standard of evidence. Specifically, "proof beyond a reasonable doubt", which is a far stricter standard than simply "most likely." It's not sufficient to prove that Hans is "most likely" guilty (although even that's too strong a claim for what the evidence against him proves.)

      If you demand it, you might as well demand that 99.9% of criminals go free.

      More like, 90%. As in, "better 10 guilty men go free than one innocent man be convicted." You know, the legal philosophy that underpins our system of criminal jurisprudence.

      What "better" alternatives?

      The ones I mentioned. The ones where you have an actual body, actual evidence of a murder, and an actual murder weapon with actual evidence tying it to Hans.

      Try to keep up, ok? I don't know how you're getting lost on this stuff.

      if you discard all circumstantial evidence trials you will disard most trials in the US and a huge percentage of murderes will go free.

      Nobody's discarding all circumstantial evidence. But the evidence against Hans doesn't even rise to "circumstantial." There's no evidence of a murder - just a mysterious disappearance. There's evidence Nina had a plan to disappear to Russia. There's nothing tying Hans to the murder, because the murder isn't known to have happened; there's no way to establish that Hans had means and opportunity because neither the means nor the opportunity have been specified.

      As for a "huge percentage", it's already the case that only 64% of murder investigations end in conviction, and that includes confessions and guilty pleas. So it should be abundantly obvious to you that "beyond a reasonable doubt" is already the legal standard at work in the United States.

      Because if she somehow made it to Canada or Mexico then she would have to show up with a proper Mexican or Canadian visa at the airport to leave those countries for Russia.

      Because, God knows, Mexico is a dystopian security state. You're an idiot.

      Here go look up this page in a US consulate in St. Petersburg to see rules applicable during travel for these non-existant (according to you) dual US/Russian citizens.

      If you had even read your own link, you would have seen that it confirms what I'm talking about:

      However, a person who acquires a foreign citizenship by applying for it may lose U.S. citizenship.


      And you'll notice that the page you cite has no mention of Russian naturalization law, which does require those applying for Russian citizenship to renounce citizenship of other countries.

      It is conceivable but it involves large amounts of cash and organized crime and, as I pointed out many, many, many times, in the case of Nina it would have been completely, utterly counter-productive since she had absolutely nothing to gain from spending piles of money with the mob on such an escape from an idiot bankrupt nerd.

      Besides, that is, prosecution for felony embezzlement. You seem to keep forgetting about that.

      since I am a Canadian.

      That certainly explains your critical ignorance of American law.
      --
      I never have frustrations, the reason is, to wit:
      If at first I don't succeed, I quit!
    15. Re:The evidence is a joke by IgnoramusMaximus · · Score: 1

      The simple truth is that you haven't offered one single piece of evidence for either the murder or Hans' involvement in it, and neither has the DA. Not one single piece of evidence - just nonsense speculations about what people you don't even know "would do."

      Except torn-out car seats, wet floorboards, blood specks all over etc etc and so on, idiot.

      No, it's not. "Most likely" means "preponderance of evidence", and while that's the evidentiary standard for civil trials, criminal convictions require a greater standard of evidence. Specifically, "proof beyond a reasonable doubt", which is a far stricter standard than simply "most likely." It's not sufficient to prove that Hans is "most likely" guilty (although even that's too strong a claim for what the evidence against him proves.)

      Oh really? Define "resonable" then in terms which do not involve evaluation of probabilities, cretin.

      More like, 90% ...

      You should run for office on that platform. I can just see it: "I will let 9 out of every 10 people convicted for murder free!!". I already sense the massive crowds gathering to demonstrate their support for you via hurling some bricks at high velocity towards your bone-filled head.

      The ones I mentioned. The ones where you have an actual body, actual evidence of a murder, and an actual murder weapon with actual evidence tying it to Hans.

      So no circumstantial evidence convictions for any crime then. 9 out of 10 criminals going free, soon to be 999 out of 1000 as they get better at hiding bodies. What an imbecile you are.

      But the evidence against Hans doesn't even rise to "circumstantial."

      Says Hans, his defense attorney and you. Quite luckily however, morons like you are not participating in the trial and as to the remaining two, no one is going to take them just on their word.

      As for a "huge percentage", it's already the case that only 64% of murder investigations end in conviction, and that includes confessions and guilty pleas. So it should be abundantly obvious to you that "beyond a reasonable doubt" is already the legal standard at work in the United States.

      The relationship between the percentage of convictions and the percentage of trials conducted based on circumstantial evidence is so far removed from this discussion that is not even funny. As to "beyond reasonable doubt", see above, I am awaiting your earth-shaking definition eagerly.

      Because, God knows, Mexico is a dystopian security state. You're an idiot.

      Did you actually know anyone who attempted to board a plane for Russia (or to anywhere in Europe) in Mexico? You keep insinuating these wild elaborate "escape" schemes which all require multiple evasions of multiple security arrangements in multiple countries and hinge on modes of transportation involving organized crime, no traceable airline tickets, no credit card use etc and so on to get accross that wee little pond between here and Russia. Ergo in a cargo of a slowboat or the like. Again the odds of this woman planning and executing such an elaborate escape sequence, sparing no expense and risking pretty much everything in order to do ... what exactly? ... are slim to none. The odds of an ex-husband jerk bashing his ex-wife over the head with something, stuffing her on the seat of his beater and dumping her somewhere are orders of magnitude higher, not even from the point of view of crime statistics but just from the point of view of difficulty of the respective schemes. And do not give me any bullshit about "embezzlement" because again, no one except for Hans (and apparently idiots like you) believes this crap for a second. He got sued by the very people who were supposedly "embezzling" from him and had to settle for $10,000 because he

    16. Re:The evidence is a joke by Big_Al_B · · Score: 1
      Disclaimer: I haven't followed this case and don't have any opinion whatsoever regarding its specifics. I'm just responding to your meta-challenge, because it seemed fun:

      Oh really? Define "resonable" (sic) then in terms which do not involve evaluation of probabilities, cretin. "Defensible."
    17. Re:The evidence is a joke by crashfrog · · Score: 1

      Except torn-out car seats

      A car missing a seat has nothing to do with murder.

      wet floorboards

      Cars get wet. It has nothing to do with murder.

      blood specks all over

      Nobody's proven that it's Nina's blood, or that it is even blood at all. And you might have forgotten that women have an orifice that blood comes out of, and it's not uncommon to find a woman's blood on the various items she has regular physical contact with.

      Define "resonable" then in terms which do not involve evaluation of probabilities, cretin.

      "Cretin"? What, did somebody find their copy of Richard Scarey's Big Book of Namecalling?

      Wikipedia references "proof beyond reasonable doubt" as the standard required by the prosecution in most criminal cases within an adversarial system. This means that the proposition being presented by the government must be proven to the extent that there is no "reasonable doubt" in the mind of a reasonable person that the defendant is guilty. There can still be a doubt, but only to the extent that it would not affect a "reasonable person's" belief that the defendant is guilty. If the doubt that is raised does affect a "reasonable person's" belief that the defendant is guilty, the jury is not satisfied beyond a "reasonable doubt".

      It's abundantly obvious that you are not a reasonable person, as you've made consistent factual errors, attempted to speak authoritatively about the laws of a nation you don't even live in, and have made it abundantly obvious that your deep personal enmity for all things Hans Reiser have already prejudiced you against him, to the point where unverifiable speculation about what people you don't even know - people whose names you don't even know - "would do" constitutes ironclad proof against him, absent body, weapon, or any physical evidence that there even was a crime, much less that Hans was involved. So your confidence beyond all doubt is hardly indicative; you're not a reasonable person.

      So no circumstantial evidence convictions for any crime then.

      Circumstantial evidence usually is insufficient for conviction, and that's how it should be. Sure, all the murderers who murder without leaving any trace at all get away scot-free. I don't know what to do about that. Your solution of simply locking up the nearest man doesn't strike me as better. But by all means, agitate for that standard to be applied in Canada. Or move down here and run for office with the Republican party. "Double Guantanamo" if you want, whatever.

      Did you actually know anyone who attempted to board a plane for Russia (or to anywhere in Europe) in Mexico?

      Sure. Do you?

      It doesn't even have to be a plane, either. Less than 10% of ship cargo coming in or out of this country receives any kind of inspection whatsoever. It's estimated that as many as 20,000 individuals are smuggled into the United States for sex trafficking alone. Contrary to your insult-laded diatribe, it's remarkably easy to get human beings in and out of this country surreptitiously, for the right organizations; one of those organizations is Russian organized crime. The borders of the United States are remarkably porous, same with Canada; even more so in Mexico. The phenomenon of human trafficking proves it.

      Again the odds of this woman planning and executing such an elaborate escape sequence, sparing no expense and risking pretty much everything in order to do ... what exactly?

      Flee prosecution for criminal embezzlement. Try to pay attention, ok?

      Maybe it would help if you took notes or something.

      The odds of an ex-husband jerk bashing his ex-wife over the head with something

      What's your evidence of head trauma?

      We are talking kids of a Russian citizen who was married to a US one.

      So why apply for Russian citizenship? You act like that's just a bookkeeping thing, but it costs hundreds of dollars and take

      --
      I never have frustrations, the reason is, to wit:
      If at first I don't succeed, I quit!
    18. Re:The evidence is a joke by IgnoramusMaximus · · Score: 1

      Well, that's true. But then of course the question arises what is "defensible". Unless we are going for a circular argument, sooner or later we will dwelve into the domain of empiricism and as such we will quickly end up discussing probabilities, statistics and the like, which are all part of our everyday interactions with the physical Universe at most fundamental levels, even if we are normally not aware of it. We do construct convoluted models of the universe based on these statistical computations, some of them turning out very accurate (such as Physics) and some ... well ... not quite so (such as Economics).

      In short, there are no "absolutes" available to us outside of the domain of mathematics. Everything else is a symphony of probabilities, some very very high, some very very low and the rest of them somhwere in between, particularly so when it comes to human behaviour. And as such we have no option but to deal in these probabilities. Since some find that idea extremely uncomfortable (particularly those who have a control freak personality) our civilization has come up with many ways to soothe their fits of hysterical panic. One such way is of course religion, which offers absolutes where there are none. Another is fanciful language, such as "beyond reasonable doubt" or "defensible". Whatever makes people comfortable. But down at the bottom nothing has changed by us pretending otherwise and we are forced, like it or not, to evaluate odds to make our decisions.

    19. Re:The evidence is a joke by IgnoramusMaximus · · Score: 1

      A car missing a seat has nothing to do with murder. ... Cars get wet. It has nothing to do with murder. ... Nobody's proven that it's Nina's blood ...

      Why stop here? Let's keep going:

      Knife? Everybody has one of those in the kitchen!

      A bloody knife? She cut herself while chopping carrots!

      A body with a knife in a back with Hans' prints on it? Obviously he left them on the knife when he was chopping carrots and then she tripped, fell out of the 2nd story window, fell on a rake which sprung up hitting a garden gnome which flew into the kitchen window, bounced off a ladle which hit the knife rack launching the said knife into her back!

      See, I can do your kind of "reasoning" too!

      Of course any sane person would have noticed that all of the evidence items at Hans's trial mentioned together, while his ex-wife goes missing have a slightly different meaning then each of them separately happening to some random individuals at unrelated times. But that would require you to admit that probabilities are a key aspect of murder trials, something which is unlikely to come from a maniac who thinks that human society operates based on some set of involatile and unerringly testable absolutes.

      Wikipedia references "proof beyond reasonable doubt"

      And that "definition" fails to define "reasonable" by any objective means. In fact it goes in circles defining "reasonable" as something a "reasonable person" would think and so "reasonable" is what "reasonable people" do, who in turn are "resonable" because ... what they think is "reasonable". Comedy gold!

      It of course never crossed your mind that the term "reasonable" is legalese/politico-speak window-dressing for doofuses like you who are unable or unwilling to accept the fact that all of the murder trials in human history depended to large degree on probabilities, even those involving eye witnesses and bodies found. Hell, even modern DNA evidence is stated in terms of probabilites of another match!

      ... as you've made consistent factual errors ...

      Such as?

      ... attempted to speak authoritatively about the laws of a nation you don't even live in ...

      You cannot be that dense! Are you actually insinuating that such knowledge requires residence and is unavailable abroad?! This is hillarious!

      ... and have made it abundantly obvious that your deep personal enmity for all things Hans Reiser have already prejudiced you against him, to the point where unverifiable speculation about what people you don't even know - people whose names you don't even know - "would do" constitutes ironclad proof against him, absent body, weapon, or any physical evidence that there even was a crime, much less that Hans was involved

      As I keep repeating, evidence does exist, Hans is the most likely perpetrator and his character only increases the odds. Is he guilty? The jury will decide that.

      As to my "speculations" they were all either patently obvious observations or statistical data. You can call me "unreasonable", you can bang your head on the table as long as you want crying "Free Hans!" but the objects of these observations will not change, nor will the statistics reshuffle their tallies. You are simply out of luck on this one.

      So your confidence beyond all doubt is hardly indicative; you're not a reasonable person.

      See above. Also never did I indicate anything about "confidence beyond all doubt". It is you who keeps demanding absolutes such as "beyond all doubt", not me.

      Sure, all the murderers who murder without leaving any trace at all get away scot-free.

      Since all the "traces" save a body wit

    20. Re:The evidence is a joke by crashfrog · · Score: 1

      A body with a knife in a back with Hans' prints on it?

      If you actually had one of those - and, indeed, any evidence at all that Nina was actually stabbed with it - Hans might very well be guilty.

      But honestly I'm very interested in what appears to be a completely novel line of prosecutory reasoning - "in an alternate universe, where we have a bloody knife with Hans' prints and Nina's blood on it, he'd be guilty; therefore, in this universe where we have none of that, he's guilty too." Very interesting. Is that how it works in Canada?

      Are you actually insinuating that such knowledge requires residence and is unavailable abroad?!

      No, but such knowledge requires actually having it, and you've made it abundantly clear that you don't, like when you asserted that American criminal trials require nothing more than the preponderance of evidence, which is obviously false.

      As to my "speculations" they were all either patently obvious observations or statistical data.

      You haven't presented any relevant statistical data.

      Also never did I indicate anything about "confidence beyond all doubt".

      Sure you have. You've implied it in ten different posts. The slightest argument that Hans might actually be innocent sends you literally off the rails. Prosaic explanations for the not-at-all-incriminating "evidence" earns your unmitigated scorn.

      There's something profoundly wrong with you. Either Hans said something mean to you once - at which point it's hardly seemly for you to agitate for his conviction on inadequate evidence simply for a few flames on the Internet - or he's essentially nobody to you, at which point your obvious bloodlust for a man who's done nothing to you is even more perverse.

      Hans is "the nearest man"?! You gotta be kidding.

      Why would I be? That's your argument, after all - when a woman goes missing, it's her most intimate male acquaintance who's the immediate concluded perpetrator, to the exclusion of all others. Especially if he said something mean on the internet, once. Why, that and a missing car seat - proof positive!

      To wit, one needs to present a pasport with a valid Mexican entry visa

      Except, of course, when one doesn't.

      Again, there was no official investigation

      It's amazing how you get the burden of proof so completely wrong. Maybe it's a function of living in Canada, but here in America, it's the prosecution who has the burden of evidence - and therefore you who shares it - not the defense. Whether or not there's evidence of Nina's embezzlement, her flight to Russia, or anything else is irrelevant - it's up to the prosecution to prove that those things aren't true, just as it's the prosecution's defense to prove that she was actually murdered, and that Hans did it. For every "suggestive" piece of evidence you and the prosecution has, Hans and his defenders have a plausible explanation. The prosecution can't disprove those explanations.

      Thus, Hans must be found innocent. That's the result of the presumption of innocence in our criminal justice system. If it works differently under yours, remind me not to visit Canada.

      We do not know what actual means he used

      So you can't establish that Hans had those means, or that he had the opportunity to use those means. That's two out of the three required elements of the crime that you simply don't have. That necessitates a finding of not guilty. Sorry, but that's how it works under our system.

      Us the "bloodthirsty" ideologues who insist upon such heretical notions as addmitance of circumstantial evidence and comparing the probabilites of events

      Oh, now you're comparing probabilities? And what are those probabilities? Be specific. Show your math. (I think this is the second time I've asked you to do that.

      --
      I never have frustrations, the reason is, to wit:
      If at first I don't succeed, I quit!
    21. Re:The evidence is a joke by IgnoramusMaximus · · Score: 1

      If you actually had one of those - and, indeed, any evidence at all that Nina was actually stabbed with it - Hans might very well be guilty. But honestly I'm very interested in what appears to be a completely novel line of prosecutory reasoning - "in an alternate universe, where we have a bloody knife with Hans' prints and Nina's blood on it, he'd be guilty; therefore, in this universe where we have none of that, he's guilty too." Very interesting. Is that how it works in Canada?

      Again, you arbitrarily decided that such a combination of items is sufficient (since you are naturally an ultimate authority on what is an what is not "reasonable") as opposed to the combination of evidence as available now. Of course this is purely arbitrary decision, based purely on an increasing probabilty of Hans being a murderer if such a body with a knife in its back is found, whereby you picked some levels of probability which "feel right" to you out of your ass and are now calling it "reasonable", as opposed to anything else not to your liking. But then of course there are other possibilities, such as someone trying to frame him by using a knife from his kitchen, the murderer having a DNA match with Hans and some other increasingly astronomically unlikely combinations of events. But never will you have absolute certainty and you will always decide what constitutes "beyond reasonable doubt" completely arbitrarily, which is precisely what the jury is doing now with the existing evidence, inducing these histerical fits of panicked paranoia in you, to my great amusement.

      No, but such knowledge requires actually having it, and you've made it abundantly clear that you don't, like when you asserted that American criminal trials require nothing more than the preponderance of evidence, which is obviously false.

      The words "preponderance of evidence" do not feature in any of my posts in this thread until this one and I did not assert any such thing. It is you who assumed that I was talking about that specific legalese term and it is you who tries now to turn your assumption into a flaming starwman. You did it because you failed (and still do fail) to realize that both "preponderance of evidence" and "beyond reasonable doubt" are vague, politics-motivated descriptions which do not have any precise definitions whatsoever and the idea was merely to impart some sort of relative grading whereby "beyond reasonable doubt" is (somehow, in an unquantified and unquantifiable way) stronger then "preponderance of evidence". Since neither of these have any objective, subject to scientific scrutiny definitions, the whole point is moot. I did not mention these terms (which are known to anyone in Canada who watched TV for longer then a week, never you mind anyone who actually read anything on the subject, since our TV is saturated with US crime and courtroom dramas) because neither of these sets of "criteria" is relevant. The decision is always arbitrarily made by the jurors and judges by their gut feelings and their private ideas as to what constitutes "preponderance of evidence" or "beyond reasonable doubt" and that's pretty much it, flowery language and lofty political orations notwithstanding.

      You haven't presented any relevant statistical data.

      You are not paying me any money to go digging all over the net for the articles and papers I read years ago. There is that thing called Google around. Use it.

      Sure you have. You've implied it in ten different posts. The slightest argument that Hans might actually be innocent sends you literally off the rails. Prosaic explanations for the not-at-all-incriminating "evidence" earns your unmitigated scorn.

      You are deranged. Quote any sentence from my posts in which I affirmatively stated that "Hans is guilty". All I ever did was to keep pointing it out to you that the

    22. Re:The evidence is a joke by crashfrog · · Score: 1
      Again, you arbitrarily decided that such a combination of items is sufficient (since you are naturally an ultimate authority on what is an what is not "reasonable") as opposed to the combination of evidence as available now.

      There's nothing arbitrary about it; I simply employed reason and logic, as well as American standards of evidence as I understand them, to arrive at the conclusion that the evidence as presented doesn't support a guilty verdict beyond a reasonable doubt, because multiple reasonable explanations exist to explain each part of the prosecutions case. Until the prosecution can eliminate all reasonable possibilities aside from Hans' guilt, the burden of proof is not met. Each of those reasonable alternatives constitutes "doubt."

      Do you understand, now, what "beyond a reasonable doubt" means? It's not enough for you to establish that the Hans-is-guilty scenario is most likely, because "preponderance of evidence" isn't the standard for criminal trials. And as much as you've tried to make that out to be the same as "beyond reasonable doubt", it's not. Those are two different standards.

      But never will you have absolute certainty

      I've never asked for it. Simply evidence of guilt that rises to the standard of "proof beyond reasonable doubt", not just "preponderance of the evidence." And not to put too fine a point on it but that's the standard that the prosecution's case simply doesn't rise to.

      It is you who assumed that I was talking about that specific legalese term

      "Legalese term"? It is a court trial we're talking about. Is it now your contention that the legal rules of evidence and procedure be dispensed with, if they're an obstacle to convicting Hans Reiser?

      Christ, now you really have to tell me what he did to you. Did you invest in Namesys or something?

      There is that thing called Google around. Use it.

      To prove your case for you? Sorry, but that's your job.

      All I ever did was to keep pointing it out to you that the odds of him being guilty of killing Nina are much higher then those of Nina absconding abroad in mysterious ways involving the mob or 50-mile solo hikes through the desert and side-trips to Nicaragua.

      And I keep asking you to show your math on that. You refuse to.

      There is no way to prove such negatives!

      Gosh, you seem confused. First you were adamant, certain, that Nina Reiser had never embezzled from Namesys despite the assertions of its chief employee to the contrary. Now, you're saying that her innocence on that accusation can't ever be proven.

      No wonder you think Hans is guilty - you think everyone is guilty, apparently, since innocence can't ever be proven, according to you.

      That is the odds of Hans ripping his seat out and tossing it are say 1:10000

      Show your work.

      the actual number is not relevant here

      Oh, I see. These are coming out of your asshole. Understood.

      I begin to perceive that you're a sociopath with a delusional hatred of the United States:

      "you will always decide what constitutes "beyond reasonable doubt" completely arbitrarily, which is precisely what the jury is doing now with the existing evidence, inducing these histerical fits of panicked paranoia in you, to my great amusement....both "preponderance of evidence" and "beyond reasonable doubt" are vague, politics-motivated descriptions which do not have any precise definitions whatsoever...The decision is always arbitrarily made by the jurors and judges by their gut feelings and their private ideas as to what constitutes "preponderance of evidence" or "beyond reasonable doubt" and that's pretty much it, flowery language and lofty political orations notwithstanding...Then if additional evidence is found and no other, more viable suspects are found then he is by default "it" as far as probabilities are concerned....with the aid of organized crime specifically existing for this purpose

      --
      I never have frustrations, the reason is, to wit:
      If at first I don't succeed, I quit!
  50. Shamelss Rhyme by lunchlady55 · · Score: 1

    If you don't svn commit, you must acquit!

  51. Genius by DoktorTomoe · · Score: 1

    "Genuis" is a term that often is used to compare people. In direct comparison to Joe Sixpack, Reiser is. Compared to most of us software engineers, he might not be.

  52. Obligatory Fiddler on the Roof quote by greenguy · · Score: 1

    'Being too intelligent can be a sort of curse'

    I should have such problems!

    --
    What if I do the same thing, and I do get different results?
  53. OT Re:Desperate Twinkies by Anonymous Coward · · Score: 0

    Regarding your sig, The source to Darwin for the latest OS Release is downloadable from here. As such it's not really accurate to say OpenDarwin has been killed. http://www.opensource.apple.com/darwinsource/10.5.2/

    1. Re:OT Re:Desperate Twinkies by that+this+is+not+und · · Score: 1

      Open Source is a process where the source is open, and people can join projects, contribute to them, etc.

      Not a process where companies issue forth 'snapshot' source tarballs that nobody ever does anything with.

  54. Time for the red ink by dbIII · · Score: 1
    Nice comment and full of confidence. However, there are several textbooks that should be recommended to you at this point since it appears you have taken the "beige box IS a hard drive if I say it is" defence.

    We are supposed to be the Moorlocks here that know how things work and not the Eloi that only serve a useful function with ketchup.

  55. For those born anno domini by Nazlfrag · · Score: 2, Informative

    Translation: When in doubt, favor the accused.

  56. Slashdot poll by Anonymous Coward · · Score: 0

    Who killed Nina?


    • Hans
    • Sean
    • Nobody; she's alive
    • Aliens
    • CowboyNeal
    1. Re:Slashdot poll by maxwell+demon · · Score: 1

      Missing option: reiserfsck --rebuild-tree

      --
      The Tao of math: The numbers you can count are not the real numbers.
  57. Four words... by xtracto · · Score: 1

    When I thought I have met the most stupid american...

    Is that a country?.

    If those are your idols...

    --
    Ubuntu is an African word meaning 'I can't configure Debian'
    1. Re:Four words... by ryanov · · Score: 1

      It is really hard to live here sometimes...

      Who the fuck hasn't heard of France?!

  58. His genious will be his downfall by HouseArrest420 · · Score: 1
    I think he did it. I care not that he shares the same mindset as most of us here. Deep down you all know that fact makes him the perfect suspect. You all have to remember....this guy is a genius. I'm not sure how many people here have over a 140 IQ (I'm sure some do, and yes I know this is a bit below the genius mark for this test), so I can only speak from my personal experience with a 145. There are plenty of times where I've done something wrong, but because I know I can think circles around most people, I do. You could watch me taking soda out of the fridge, drink it, and throw it away.....but after 10 minutes of me throwing "facts" at you, you'd believe there was no soda in the fridge in the first place. After awhile it becomes a sort of game, it usually doesn't stop unless I get bored, and with an inquisitive nature.....boredom seldom comes.

    Who the hell commits a crime with pair of books on crime in their vehicle, and then leave it all there for someone to find A genious who thinks he won't be caught. Arrogance is a mother fucker. Just because he's an genious doesn't automatically make him an expert criminal. Sure he may be able to remove electronic evidence, almost by second nature, but I doubt he has the proper training to get blood stains completely out of a car seat or how to dispose of a body without some outside help....you're not just born with this info. What does someone with an extreme potential for learning do when we need to learn something? We crack open a book (it's how I taught myself programming, 3d modeling, how to fix my car, how to steal my electricity without being caught...among many other things). To bad for this guy the first page didn't read: "After you kill your wife, throw this book away." I bet if it did, the book(s) would never have been found....after all, they haven't found the body yet lol.

    NOTE-I'm not to up on this issue. I just know what I've heard in the news....which isn't much. I'm basing these thoughts on his actions and the fact that they're trying to use his way of thinking as a defense. Sorry, but just because you're in a league above most men doesn't mean you lack the potential for murder. Minority report anyone?

    --
    This is Slashdot! Give me the latest gadget, bug, or OS project! This ain't english class so don't confuse the two!
    1. Re:His genious will be his downfall by Hal_Porter · · Score: 1

      A genious who thinks he won't be caught. Arrogance is a mother fucker. Just because he's an genious doesn't automatically make him an expert criminal. It's "a genius", not "an genious". Somehow I doubt you're as skilled at fooling your room mates as you believe you are. Maybe they just got bored arguing with you.

      --
      echo -e 'global _start\n _start:\n mov eax, 2\n int 80h\n jmp _start' > a.asm; nasm a.asm -f elf; ld a.o -o a;
    2. Re:His genious will be his downfall by HouseArrest420 · · Score: 1
      OMG your so smart. Guess you love disecting the written languages. Guess your an expert with written languages? So I wrote genious. I'll always write it that way. Same as I've used your here when I've meant you're. You knew what I was talking about, or you wouldn't be able to correct me. I also find it funny how my spelling has anything to do with my intelligence. But I guess you're right. That's why there are sooooo many people, more than likely smarter than the both of us put together, that haven't even spent 1 year in a school room setting.

      Some how I think you don't know anything about what you're talking about....wait I do...cause you don't know me. And for proof of previous arguement (note I know how to spell argument I've done this to further annoy you) I would almost be willing to put money on the fact that you respond to this. But by doing that you'd prove me right....and would probably go against the natural instint everyone has (except for you right?) to argue there side of the arguement.

      I suggest you read my sig....the one that hasn't changed in about 1 year...before you waste more of your breath trying to teach me english.

      --
      This is Slashdot! Give me the latest gadget, bug, or OS project! This ain't english class so don't confuse the two!
    3. Re:His genious will be his downfall by Hal_Porter · · Score: 1
      In addition to a poor command of basic English, you see to have a seriously flawed ability to argue. So I'll ignore the numerous spelling errors, not all deliberate, in your post and focus on the logical fallacies and psychological flaws.

      Some how I think you don't know anything about what you're talking about....wait I do...cause you don't know me. Wait what? What does that even mean? The main point here is that I don't know you. Well true, I've read one post by you on the internet. But that post tells me a lot about you.

      You're a semi literate unsocialized nerd who brags on slashdot about his IQ and manipulative abilities. Yeah, I think I have a pretty clear mental picture. It's all an act isn't it? You have the tech equivalent of a clerical job or maybe not even have that and feel inferior to more successful people who really can manipulate their way to success. You think you're smarter than the people you see zooming past you in the race that is life and have taken numerous IQ tests with a spread of results to try to prove it. You quote the highest score to everyone who talks to you, possibly with some fudge factor added on for things you "really knew" but still managed to get wrong. Despite all this you are academically mediocre in addition to being a social and professional failure and deep down you know it. Otherwise why bother taking all those tests and telling complete strangers how smart you have proved you are? If you really believed it you wouldn't need to keep telling people.

      And for proof of previous arguement (note I know how to spell argument I've done this to further annoy you) I would almost be willing to put money on the fact that you respond to this.

      But by doing that you'd prove me right Well I am going to respond because I like tormenting you, but it doesn't prove your previous 'arguement'. That's a good word for it actually, it's not coherent enough to be considered an argument.

      I see you have studied Basic Trolling Theory though, no doubt during the huge proportion of your life you spend in (possibly your parents) basement, or in the huge downtime in your dead end tech job posting on the internet. Nice gambit there. 'If you argue with me I win [and if you don't I win by default]'. But you didn't invent it, and I'm not going to fall for it. You haven't actually used properly anyway, another sign of below average intelligence.

      ....and would probably go against the natural instint everyone has (except for you right?) to argue there side of the arguement. In my experience the natural instinct of people when they meet people like you is to troll the living shit out of them.

      No doubt you'll follow up with unsubstantiated claims that you're actually rich and successful, married to a supermodel etc. Not only will I not believe a word of it, it will just prove that I'm getting to you and therefore my criticisms are at least somewhat accurate. In short, if you respond to this post, I win!
      --
      echo -e 'global _start\n _start:\n mov eax, 2\n int 80h\n jmp _start' > a.asm; nasm a.asm -f elf; ld a.o -o a;
    4. Re:His genious will be his downfall by Anonymous Coward · · Score: 0

      Nice and you didn't even go after his user id. Pretty funny... the person you describe I automatically pictured someone I knew from high school. He'd argue with me cuz he's a know it all. Works as a Cook (which is a noble profession), but he'd spend all his money on partying with ugly skanky bitches. He was a friend of a friend so that's why I had to put up with his illustrious high IQ having presence. My parents always told me it was rather low. Maybe it motivated me to have somewhat ok career in IT... I don't know. I've since never wanted to know my IQ.

    5. Re:His genious will be his downfall by Hal_Porter · · Score: 1

      Actually, I'm highly skeptical of IQ tests. I went to a secondary school that had a test, the 11+ to get in. It's actually very closely related to IQ tests. The primary school I went to advertised itself as being able to get a high percentage of its pupils to pass the test. Which they did by making us all take a bunch of very similar tests once a week for a few months before we took the 11+ and encouraging us to compete over the results. Being 10 and rather unimaginative, I competed and passed the exam. But by that point they weren't measuring intelligence I think. It's more like a test of whether you went to the right primary school and did what you were told, because if you did that you'd pass no matter how dumb you were. Actually the song Teenage Lobotomy by the Ramones springs to mind for some reason.

      So if you want to brag about your IQ for some reason, just take a lot of tests and you'll quickly go from slightly above average to supergenius level as you learn all the possible question/answer pairs. But doing that didn't really make you smarter, you've just rote learned all the answers you're not smart enough to figure out on the fly. And it won't impress anyone, because they'll estimate your intelligence based on your performance of everyday stuff compared to other people, not on some synthetic benchmark that you chose carefully to make you look good.

      --
      echo -e 'global _start\n _start:\n mov eax, 2\n int 80h\n jmp _start' > a.asm; nasm a.asm -f elf; ld a.o -o a;
  59. Feynman's IQ by Dr.+Cody · · Score: 1

    Studies have confirmed repeatedly that IQ is a poor indicator of one's pimping skills.

  60. Just say "Yes" by Anonymous Coward · · Score: 0

    After all, in some cases, I DO think decryption is a crime.

    Say, my conversation via https with my bank.

    If they mean more specifically in this case, do you think it's a crime, they are in trouble because they are asking whether you'd convict before you have the trial. I'm pretty sure that's not allowed.

  61. Simple by Anonymous Coward · · Score: 0

    The people who insist on GNU/Linux are unbelievably full of themselves and complete wankers.

  62. Hiring a Detective in Russia? ..Desperate Twinkies by Anonymous Coward · · Score: 0

    If the children live with the grandmother and the missing wife is supposed to hide in russia wouldn't it make sense to hire a detective
    to track the children because the assumption is that hans' wife want to see their children.
    Am I missing something ? I don't think it would take long time to find out the truth.

  63. Soaked floorboards is a prosecutorial smokescreen by brunes69 · · Score: 1

    The soaked floorboards is just a smokescreen, because if the car actually had a bunch of his wife's blood, no amount of soaking with water would be able to remove the traces of it - it would be easily visible under UV light. The only way to have removed the traces would be to soak it in BLEACH, which if was the case the prosecutors / media would surely be pointing out.

    Not saying he is innocent or guilty, but IMO the fact that the defense doesn't up this inconsistency is confusing.

  64. Feynmann's IQ by Kupfernigk · · Score: 1
    Proves nothing. When Feynmann did IQ tests they were considerably less developed than they have been for the last 20 years or so. Also, the score is strongly affected by, among other things, motivation. They also do not measure, of course, the ability to think for extended periods about a single subject, which is important for theoretical physicists. Feynmann characterised himself as a slow thinker but his history shows he had an excellent memory and could think about the same subject for hours at a time. His ability to work in night-clubs also showed an ability to resist distraction.

    IQ is important, but as part of a set of longer term tests which demonstrate the ability to apply it over time. In the case of some management schemes, three days of testing is not considered too long.

    --
    From scarped cliff or quarried stone she cries "A thousand types are gone, I care for nothing, no not one."
  65. The infamous passenger seat by Cid+Highwind · · Score: 1

    I don't buy the explanation that he thought to destroy evidence that's difficult to remove from the car (the seat) but not the stuff you can just pick up (books, sleeping bag, etc). The car looks like a "rice rocket" CRX hatchback, removing seats to save weight is a pretty common practice among people who want to make tiny cars go fast. Does it have a back seat? Or a spare tire and toolkit? Had anyone seen it with all seats intact before the murder?

    --
    0 1 - just my two bits
    1. Re:The infamous passenger seat by tomhudson · · Score: 2, Interesting

      emoving seats to save weight is a pretty common practice among people who want to make tiny cars go fast. Does it have a back seat? Or a spare tire and toolkit? Had anyone seen it with all seats intact before the murder?

      1. Yes, the back seat is still there.
      2. As for whether it has a toolkit, the bolts, and the socket set used to remove them, were also still there.
      3. As to your last question, Reiser claims that he removed the seat because he was sleeping in the car, so yes, the seats were there until after the marriage breakup.
      He claims to have thrown the seat in a dumpster. Why didn't he just stash the seat at his mothers' so he could get it back later if/when he needed it, or sell it, or, easiest of all, just put it at the curb-side garbage pickup so that either the city or someone driving by would take it?

      His story doesn't make much sense. For someone who claims to be so intelligent, its just not logical ...

    2. Re:The infamous passenger seat by Anonymous Coward · · Score: 0

      Yes, but how would the "only" really evidence anything took place (aside from a disappearance of a person) not be accompanied by other evidence. If fluids of some sort were in abundance on the one seat, how did they not end up elsewhere in abundance or even close to abundance? A few drops of bloods in a couple places indicates everyday life has been taking place. The police fucked up big time by deciding he was the one (so much so to tail him obnoxiously) instead of pursuing other obvious leads, including Nina still being alive and well.

    3. Re:The infamous passenger seat by tomhudson · · Score: 1

      I'll just quote part of my response to another poster:

      I would want to know why he picked the kids up at school when it wasn't his turn, and when nobody knew that Nina was missing.

      Addressing that would go towards a decent defense. Hand-waving about how "he's a geek" is just a red herring. It doesn't explain his apparent knowledge that Nina wasn't going to pick them up. It also discredits his claim that she left the country. If she left the country, HOW WOULD HE HAVE KNOWN THAT SHE WAS GONE so that he could pick up the kids?

      Unless he comes up with an explanation of that, he's guilty beyond a reasonable doubt, at least in my mind. Here's why ...

      1. Prosecution claims that Hans killed Nina
      2. Defense claims that Nina left the country to frame Hans
      3. Hans picked up the kids from school when he wasn't supposed to, and before he could have known that "Nina left the country" (if she did) or that she was killed (if she was)
      For a genius, he's not so smart ... his actions put the lie to his defense. The logical conclusion is that he knew Nina wasn't going to pick up the kids. How? According to his story (that she left the country to frame him), he would have no way of knowing that she wasn't going to pick them up that day ... so he wouldn't have gone to pick them up. According to the prosecutors' theory, Hans knew because he killed her.

      So lets say for the sake of argument that he didn't kill her. We still know his story is bogus, because he would not have known she left the country, so he would not have gone to pick up the kids.

      the only other alternative is that he didn't kill her, but he knows who did. So why knowingly lie and say she left the country to frame him for murder? Why not just name the murderer?

      Nope, it doesn't make sense. He picked up the kids, because he knew, before Nina was known to be missing, that she wasn't going to pick them up that day, even though it was her turn. If she had left the country, he couldn't have known at that point. His actions show guilty knowledge from his having killed her.

    4. Re:The infamous passenger seat by doom · · Score: 1

      Why didn't he just stash the seat at his mothers' so he could get it back later if/when he needed it
      His mother was hassling him about cluttering the place up.

      easiest of all, just put it at the curb-side garbage pickup so that either the city or someone driving by would take it?
      I don't know what garbage pick-up is like in the East Bay, but over here in SF you can't just toss a large piece of junk out on the street and hope they'll be nice and take it away for you. If it doesn't fit in the can, you have to schedule a special pick-up, and there have been occasions when I've done things like sneak an old rolled-up carpet into someone's dumpster rather than hassle with disposing of it "properly".

      (You know: you're sounding like a bit of a nut on this subject....)

    5. Re:The infamous passenger seat by doom · · Score: 1
      If this person has it right: reiser trial timeline, then the actual events are not at all as you've been (repeatedly, and vehemently) representing them. You keep saying things like this: I would want to know why he picked the kids up at school when it wasn't his turn, and when nobody knew that Nina was missing. . If you follow the link above, you'll find an account like this:

      Tue 2006-09-05, 2:30 PM: Doren, turns up at the Joaquin Miller school to pick up the children from day care, but does not have permission for this and leaves without them. She tells school employees that "Nina is out of town." On Jan. 2, 2007, a teacher at the day care program, Natalie Potter, testifies that Nina's daughter, Niorline, was with Doren and that Doren made the remark "for the benefit of the child."

      So, we are to believe that Doren, who is worried sick about her missing friend Nina, does not ask Niorline if she has seen her mother recently, or otherwise knows where she is. Doreen appears to be absolutely certain that Niorline does not know. How is this? Is this because Doreen already knows where Nina is?

      Apparently, Potter does not ask either children if they know where their mother is. It should be emphasized that, as far as we know, the children attend a whole day of day care, without worrying about their mom. In all, it is clear that the daughter and probably the son, have no idea their mother is missing.

      Tue 2006-09-05, 5:00 PM: Reiser, arrives at the Joaquin Miller school and sets up a meeting to discuss the program's enrollment policies. He speaks with Natalie Potter. Although Potter knows that Nina is missing, she neither tells Reiser this, nor asks Reiser if he knows where Nina is. Reiser states that he is not there to pick up the children and he gives his permission for Doren to pick them up, which she does a few minutes later, at about 5:15 PM. Reiser is at the school for about 10 minutes.

      Tue 2006-09-05: At an unknown time, but supposedly after Nina does not pick up the children from day care, Ellen Doren files a missing-persons report.

      At an unknown time, police conduct a phone interview with Reiser. Later, much of the press, repeatedly claim, "they have not been able to reach Hans Reiser since their investigation began." The police interview probably occurs before Doren calls.

      At an unknown time, Doren phones Hans. She tells him she has the children and asks if he knows where Nina is, mentioning that Nina was last seen at his home. (It is not know why Doren has not called Reiser earlier.) This implicit accusation was noted by Reiser, who said, "I need to talk to my lawyer." This may be the first time that Reiser hears that Nina is missing.

      Reiser drives his mother's, Honda Civic, to McGothigan's house near Mills College in Oakland to pick up his mom. Reiser spends about an hour at McGothigan's home. Reiser explains he is using the Honda Civic, as he is having trouble getting the CRX to start. He does not tell his mother, that Nina is missing, till the next day.

      If you have anything that contradicts this account, please provide a link to it. I haven't been able to turn up anything that supports what you've been saying.

  66. My conclusion... by afxgrin · · Score: 1

    The three of them are a bunch of crime murder mystery die-hards and conspired to give the law, and forensic science a run for it's money. No online source confirmed Sean Sturgeon's confession is actually true. Come on, this has to be the hint to us that they're just messing with the police:

    Well, one thing stood out in his head in that regard, Grant said. As the officer bent down to take pictures, that's when Reiser said, "You're about to experience chaos" and "for the lack of a better term, farted," Grant said. Jurors tittered. Reiser grinned. "It stayed vividly in my head, unfortunately," the officer said.

  67. Killed by the bullet by Tony · · Score: 1

    They were *killed* by the bullet. They were *murdered* by the one pulling the trigger.

    Seems simple enough.

    --
    Microsoft is to software what Budweiser is to beer.
  68. What the jury is not by westlake · · Score: 1
    Wow, reading stuff like this makes me really glad I don't live in a country that has something as stupid trial by jury. I wouldn't want my fate to be decided by a bunch of random idiots

    The defendant has the option of being tried by a judge.

    The jury in a capital case is not a random collection of idiots.

    You have to meet certain minimum requirements to serve on any jury: age, citizenship, residency, language skills, mental competency and so on.

    In a capital case you can expect to be closely questioned by the state, the defense, and the judge. The voir dire will be dominated by attorneys who are expert in jury selection.

    The jury verdict must be unaminious. In a trial before a judge there is no room for courtroom theatrics or a play for sympathy. Your defense had better be flawless.

    Isn't the jury supposed to decide if the accused is guilty of the deed they are accused of ? Instead of "sending her a message" because she hurt their feelings ? That statement by a member of the jury alone should have been enough to nullify the judgement.

    The risk in allowing your client to take the stand is that every flaw in her character will be mercilessly exposed. The woman came across as arrogant, manipulative, and deceitful. She was tripped up by her own lies.

    1. Re:What the jury is not by Idiomatick · · Score: 1

      "You have to meet certain minimum requirements to serve on any jury: age, citizenship, residency, language skills, mental competency and so on."

      Yeah, basically the requirements you mentioned are a warm adult body. Another requirement however is that you have to be NOT legally competent. I'm exempt from jury duty because my father is a lawyer. Because i might be better equipped to pass judgment or at least explain things to other jury members i am not allowed to do so. As well people with big careers will dodge jury duty. And people generally busier will dodge jury duty (University students, professionals so on...) plus these people are more likely to come up with an excuse to get out of it. What this means is you are left with the bottom of the barrel in a country where the average voted in GW Bush twice. Thats kind of a scary thought. (the last note reserved for the states however i wouldn't trust the bottom of the barrel of any country making important decisions like that).

    2. Re:What the jury is not by pcmanjon · · Score: 1

      When interviewed by the prosecution, DO NOT ADMIT to your father being a lawyer.

      What they don't know won't hurt them. I always act like I'm an idiot in the jury selection process, then the prosecution is surprised when I start growing a brain during the trial.

    3. Re:What the jury is not by Noishe · · Score: 1

      Somebody mod this guy as awesome

    4. Re:What the jury is not by Idiomatick · · Score: 1

      Sadly when you get busted for pretending to be the best defense of pretending you didnt know it was illegal will realllllly screw you.

  69. Crap by plopez · · Score: 1

    First they confuse crackers with hackers, now this. I'm just waiting for the evil/psycho/stalking computer dude action picture.

    --
    putting the 'B' in LGBTQ+
  70. The Butler Did It by maz2331 · · Score: 1

    Every time.

  71. Question... by Lanboy · · Score: 1

    About how many of your roommates stick around for more than one lease? It doesn't matter who steals the orange soda, if it disappears, one of my roomates is a dick. The one who argues about it for 15 minutes is a bigger dick, even if he didn't drink it.

  72. beyond reasonable doubt? hardly. by pdwalker · · Score: 1

    The prosecution's case has been a joke. Beyond "Hans is a weird and annoying guy who was having issues with his wife", they have nothing. They have not been able to prove anything.

    Unless they find the "smoking gun", Hans should walk.

  73. Geek defense - do the classic Cochrane(tm) by layer3switch · · Score: 1

    "If bits don't fit, err... you must fsck!"

    --
    "Don't let fools fool you. They are the clever ones."
  74. I'm not convinced by Anonymous Coward · · Score: 0

    Its amazing how bad people can be made to look when you have a good lawyers at work.

    Sure programmers make errors, but his type of coders are way above average in dealing with detail work and simple errors are highly unlikely especially when he has a bit of time to think about stuff before during and after the act. Sounded to me like the ex-boyfriend killed her; not that he didn't have motive and a great excuse given her background.

    The real question is: What should be done if he is found guilty? (even if innocent; hey, I know plenty of people who didn't or wouldn't shed a tear over loss of their spouse.) Is punishment the purpose? (it isn't exactly BTW.)

    Why can't prisoners still contribute to society? If you can't live by society's rules there should be a functional place for you that fits your level of dysfunction. I'm not advocating the slave-like labor industry growing in popularity in US prisons.

  75. Re: Jury Nullification by some+guy+I+know · · Score: 1

    I would assume that the Constitution is part of the law that you are sworn to uphold.
    In fact, it trumps lower laws.
    So, if you believe that a law is unconstitutional, then you are doing your duty (and not breaking your word or your oath) by finding a person not guilty on that basis, IMO.
    Unfortunately, some judges and attorneys don't like people who think like that.

    I was rejected for jury duty after I told that judge that I would use the Constitution of the United States as part of the process for determining whether or not the defendant was guilty.
    If that was the reason that I was rejected (they never told me why), then I think that this is wrong.

    --
    Those who sacrifice security to condemn liberty deserve to repeat history or something. - Benjamin Santayana
  76. Re:Soaked floorboards is a prosecutorial smokescre by mrchaotica · · Score: 1

    Well, couldn't one then remove the traces of the bleach by soaking it in water?

    --

    "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

  77. What really happened... by Anonymous Coward · · Score: 0

    Hans: Damnit, there is an exploit for Firefox every week! I'm having a terrible time dodging malware!

    Hans' Wife: Why not just use IE7 on Vista, it operates in 'protected mode' so no exploits can work.

    *Hans loses it and stabs his wife repeatedly*

  78. shhh.... by thegnu · · Score: 1

    if you let slip about the enormous penises of all slashdotters (except the women; they have awe-inspiring badonkadonks), the IT industry will fall apart.

    --
    Please stop stalking me, bro.
    1. Re:shhh.... by Dimitrii · · Score: 1

      if you let slip about the enormous penises of all slashdotters (except the women; they have awe-inspiring badonkadonks), the IT industry will fall apart.
      You have it backwards. It may disturb several but it is quite likely that the slashdot women own large penises, and the men have large chests/bellies and the like.
  79. Occam's Razor by Dogun · · Score: 1

    Occam's razor is one of the most misapplied and intellectually virtueless axioms ever invented by man, and has no place in a rational discussion. Simplicity is always a matter of the framer's perspective.

  80. Christ, are you people going to riot? by Anonymous Coward · · Score: 0
    Jesus, I thought the whole OJ drama was ridiculous with people outright denying he had done it despite evidence. It's amusing you nerds are all sticking by your murderous friend. Christ, he took the seats out of his Honda right around that time? His house was the last time she was seen? Blood on a sleeping bag, blood in the house?

  81. They don't need evidence. by RightSaidFred99 · · Score: 1
    Personally, I think he did it and that they appear to have sufficient evidence to prove he did it. That said, you all do know that they don't _need_ evidence, right? You can be convicted in this country of murder with _no_ evidence simply for having an apparent motive.

    For proof, do a google search on Cynthia Sommers.

  82. Slander...Against Linux! by jabailo · · Score: 1

    What really bothers me about the Wired articles (which the Washington Post references) is that they make a concerted effort -- in each and every article of the almost daily series, to associate the words "Linux" and "Open Source" with Hans Reiser. I have written them numerous times to say (a) He is not a "Linux" programmer...he is a programmer of a file system, which can be used with any kernel as part of an operating system. Linux is not dependent on ReiserFS and vice versa. Secondly, why does it matter that he is an "open source" programmer. I feel that yes, this case is sensational and should get coverage, but Wired is going way overboard to make these associations. For example, the serial killer John Wayne Gacy was caught because he used Microsoft Word to write a letter to the police (they traced him by using the properties information stored in every document, of which Gacy was unaware). Does that mean that all Microsoft Word users are serial killers? As far as Reiser himself, it's very difficult. On the one hand, as a "geek" he does stuff that is odd for other people to understand. However, you could also ask, why wouldn't a single person driving a car with not much room, remove the passenger seat for more space and to sleep in. And, at some point, that person might feel the seat is "in the way" and through it out. Rationally, it makes sense, but it doesn't make sense to the typical American (who sees nothing wrong with driving a Hummer during a worldwide energy crises). A word to the wise, stay away from Russian mail order brides. There was a guy up here in Seattle who killed his in 2001 for fooling around. They basically bootstrap their way into the US on the backs of poor schmucks and then do what they will. There's no fool like an old fool...I guess.

  83. Home Sweet Endor by bill_mcgonigle · · Score: 1

    Don't forget the Chewbacca Defense!

    --
    My God, it's Full of Source!
    OUTSIDE_IP=$(dig +short my.ip @outsideip.net)
  84. She doesn't have to come back for the kids... by sendai2ci · · Score: 1

    They are already in Russia and as far as I tell have not returned to the US (can't find any articles that say that they have returned, only articles that say Reiser's son hasn't/doesn't have to appear in court.)

  85. Theory on why he picked up the kids by Frantactical+Fruke · · Score: 1

    Could it be that either the kids had their own cells or had the school call first the mother and, when she did not answer, the other parent to pick up the kids? That's how it works in a reasonable world. Kids are not left standing at the school gates until a disappearance has been legally ascertained. When a parent is an hour late, phones start ringing.

    But that's just guessing from the other side of the planet and a country where most 7 year olds have their own cell phones...

  86. Uni at 14? by splutty · · Score: 1

    Being very socially inept and/or being a genius can be related or unrelated. However this guy went to university aged 14. That's generally considered a sign of being a genius, despite any other characterizations he might get.

    --
    Coz eternity my friend, is a long *ing time.
  87. The really funny thing by sheldon · · Score: 1

    Imagine if they looked in our basements... I can hear the cross examiner already: "sir, can you explain to us what made you so angry that you shot this Compaq server 382 times with a .22 rifle? Do you usually shoot things that annoy you?


    12 comments on this post, and nobody questioned why did you keep it instead of throwing it away?
  88. Halló from Iceland by Kashgarinn · · Score: 1

    Actually in Iceland the response rate was 98% who "believe" in Evolution, I guess they asked a few immigrants from USA as well.

    K.

  89. FYI- by Slashdot+Parent · · Score: 1

    In a criminal trial (such as the one in TFA, which can result in imprisonment), all the jury decides is whether the prosecution has proven their case that the defendent is guilty. The judge then decides the penalties, based on guidelines, precedents, and his/her own judgement This is not true in all states. In some states, the sentence is decided by jury.
    --
    They don't grade fathers, but if your daughter's a stripper, you fucked up. --Chris Rock
  90. MOD PARENT UP (Insightful or Informative) by shentino · · Score: 1

    And what nincompoop gave this a flamebait rating?

    If I ever get to metamoderate this, I'm marking it down.

    And btw, this is yet another case of how the adversarial system fails us. Why can't we put the burden of investigation on the court where it belongs? Going to court for a game of tug-o-war only ensures that the strongest one will win, and it promotes cheaters into playing dirty.

    I think Hans should take a polygraph...if he can find an honest examiner.