Hans Reiser Guilty of First Degree Murder

Anonymous Meoward writes "Today Hans Reiser was found guilty of first degree murder in Oakland, California. Quoting Wired: 'In a murder case with no body, no crime scene, no reliable eyewitness and virtually no physical evidence, the prosecution began the trial last November with a daunting task ahead... The turning point in the trial came when Reiser took the stand in his own defense March 3.' Whether he really did it or not, Hans basically just didn't know when to shut up."

Comments

Re:So...

[darkmeridian]

The prosecutor was also able to exclude the testimony of a guy called Sturgeon, who admitted to killing at least eight people and was having an affair with Hans Reiser's wife. If his testimony were allowed, it'd be the battle of the two weirdos and Hans, being the guy in a murder case who hasn't admitted to murdering, probably would have came out on top.

Re:A man...

[Kristoph]

He didn't represent himself. He took the stand in his own defense.

Personally I am blown away by the incompetence of the defense attorney. Clearly he must have understood Reiser (guilty or not) would not help his case by testifying. He should never have been put on the stand.

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Summary of the evidence

[slashqwerty]

Summary of evidence:

1. Reiser showed up at his childrens' school the day after Labor day, the first school day after Nina disappeared and a day when Nina was supposed to pick up the kids. The prosecuter claims he was making sure the police didn't show up to ask where the kids' mother was. Reiser claims he went there to add his mother, Beverly Palmer, to the list of people that could pick up the kids. He was scheduled to pick up the kids the next day.

2. Hans' Honda CRX was missing the front passenger seat. It went missing sometime after he got a speeding ticket (after Nina disappeared) and before the police seized the vehicle.

3. Hans admits his hosed out the inside of the car. He removed the seat and threw it away. He also removed the carpet and disposed of it.

4. The car was also missing a piece of trim that Hans admits to throwing out.

5. Han's admits he was trying to hide the car from the police.

6. Nina's van was found three miles from Hans' home. Her cell phone was found in the van with the battery removed.

7. When Hans was taken into custody his cell phone did not have a battery in it. On the stand he claimed that he did not remove the battery from his own phone. He later admitted he lied about that. He actually removed it frequently after Nina disappeared.

8. Along with his cell phone, Hans was carrying his passport and several thousand dollars in cash.

9. Reiser was seen hosing down the driveway to his mother's home shortly after Nina disappeared.

10. The police found two books on murder in Reiser's car. He had purchased them with cash shortly after Nina disappeared.

11. He paid a $5,000 retainer to a criminal defense attorney just days after Nina disappeared, while the investigation was still a missing person's case. He didn't even bother to try calling her to find out if she was alive before he shelled out for the retainer.

My personal opinion is that Hans killed Nina in a fit of rage, then scrambled to cover up the evidence. I did not see any evidence whatsoever of premeditation. So I can not at all understand how this jury reached a verdict of First degree murder.

Re:A man...

[SashaMan]

RTFA, Reiser's defense attorney didn't want to put him on the stand, but Reiser insisted.

Re:US jury system does it again

[bckrispi]

No. They will advise - sometimes in *very* strong terms. But in the end, it's their client's call.

Re:If you get arrested and/or get put on trial...

[Abreu]

Really kids, listen to this guy.

I once spent 48hrs in custody and 2 years of going to hearings for not listening to this basic piece of advise.

I ended up proving myself innocent of what I was being accused of (and the real guilty party, my boss at the time, was never accused).

So, I learned two valuable lessons after this ordeal:

1- If you find out that your boss is doing unethical and illegal stuff, quit your job.

2- If you find yourself being questioned by the police about something, ask first if you are under arrest. If you are, don't say a word to the cops until you get your lawyer to speak for you.

Re:US jury system does it again

[Martin Blank]

According to California Penal Code Section 189:

All murder which is perpetrated by means of

• a destructive device or explosive,
  
• a weapon of mass destruction,
  
• knowing use of ammunition designed primarily to penetrate metal or armor,
  
• poison,
  
• lying in wait,
  
• torture, or
  
• by any other kind of willful, deliberate, and premeditated killing, or
  
• which is committed in the perpetration of, or attempt to perpetrate,
  
  • arson,
    
  • rape,
    
  • carjacking,
    
  • robbery,
    
  • burglary,
    
  • mayhem,
    
  • kidnapping,
    
  • train wrecking, or
    
  • any act punishable under Section 206 [torture], 286 [sodomy], 288 [forced sexual contact], 288a [lewd and lascivious acts on a child under the age of 14], or 289 [rape], or
    
  • any murder which is perpetrated by means of discharging a firearm from a motor vehicle, intentionally at another person outside of the vehicle with the
    intent to inflict death,

is murder of the first degree.

I introduced the lists to make it more readable, and put clarifications for the referenced sections in brackets to avoid the need to look them up.

Re:Down here...

[anagama]

Habeas refers to the _defendant's_ body. You have bring the person to court, demonstrate that he hasn't been killed or tortured, and publicly announce the charges. Habeas corpus does not refer to victim's bodies. For a nice history of Habeas, see Habeas Schmabeas.