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Hans Reiser Leads Police To Nina's Body

jlmcgraw was the first to alert us that Hans Reiser has led police to the location in the Oakland Hills where he buried the body of his wife Nina. (We discussed the rumor that he would do so last month.) SFGate.com reports that remains were recovered but have not yet been identified. Reiser is to be sentenced on Wednesday. CBS5 claims that Reiser made a deal for a reduced sentence, to 15 years, in exchange for revealing the body.

284 of 1,523 comments (clear)

  1. Sad by stoolpigeon · · Score: 5, Insightful

    I feel bad for the kids - that is such a messed up situation.

    --
    It's hard to believe that's how Micronians are made. Why don't we see it right now by having you both kiss one another?
    1. Re:Sad by Anonymous Coward · · Score: 5, Funny

      Hans shot first

    2. Re:Sad by SoCalChris · · Score: 5, Funny
    3. Re:Sad by ScrewMaster · · Score: 5, Funny

      Well, no question it's a killer filesystem.

      --
      The higher the technology, the sharper that two-edged sword.
    4. Re:Sad by Schadrach · · Score: 2, Interesting

      I assume you also despise Jabberwocky, the Hunting of the Snark, and Alice in Wonderland, because of the considerable likelihood that their author was a pedophile?

      One illicit and/or immoral actions/beliefs should not prevent the use of their intellectual output, unless the two are intrinsically related (since murder is unrelated to filesystems, that isn't the case).

    5. Re:Sad by Anonymous Coward · · Score: 4, Funny

      They say a girl should always dress for the man she wants
      so why am I laying here thin and bare and gaunt?
      It's all because some hacker came and murdered me
      So now I'm being dug up so he can cop a plea

      I should have gone to free credit report dot com
      I could have seen him comin at me like an atom bomb
      They monitor your credit and send you email alearts
      So you don't end up being used as wormfood in the dirt.

    6. Re:Sad by TooMuchToDo · · Score: 4, Funny
      But did it lead you to where they were buried? =)

      What, too soon?

    7. Re:Sad by TopSpin · · Score: 5, Insightful

      They should rename it PRONTO

      Er, no. The people with the pull to attempt to promulgate that work under a different name know full well who they are dealing with; one of the biggest pricks currently walking the Earth. Anyone tries it and Hans will be filing copyright suits from inside whatever cage CA puts him in. Right or wrong that's what WILL happen. Hans is that big a prick.

      Recent Reiser quote:

      I have a compulsive tendency to say things that I know are true that people don't want to be true

      Good luck with that in prison, Hans. That alphageek social misfit stuff works fine when the stakes are low; among other geeks squabbling over geekery. You will now receive the socialization someone neglected when you were 12.

      --
      Lurking at the bottom of the gravity well, getting old
    8. Re:Sad by x2A · · Score: 2, Insightful

      "but that won't sell me on using a file system named after a murderer"

      Named after?! He wasn't a murderer when it was written and named dumbass, it was named *before* he became a murderer by *years*.

      I suppose you never buy anything made by any subsidery of coke, put money into banks... you say you wanna switch another filesystem like JFS? From IBM? After their involvement with the Nazis?!!!!

      Get real!

      --
      The revolution will not be televised... but it will have a page on Wikipedia
    9. Re:Sad by _KiTA_ · · Score: 2

      I hope slashdotters will be sensitive in this tragic situation and not go for cheap laughs.

      You're new to the internet, right?

    10. Re:Sad by menkhaura · · Score: 3, Funny

      Judge: "Why did you kill your wife, and not her lover?"
      Defendant: "What would be better? That I killed only my wife, or a dozen other men?"

      --
      Stupidity is an equal opportunity striker.
      Fellow slashdotter Bill Dog
    11. Re:Sad by B3ryllium · · Score: 5, Funny

      Should've gone with BeFS. At least the filesystem is indexed and instantly searchable.

    12. Re:Sad by menace3society · · Score: 2, Funny

      The Reiser koan:
      Three crazy people set up a bizarre love triangle/business. One murders his wife, the second kills eight others and maybe a ninth, and the third is dead. Who is the more guilty?

      Or maybe it should be a joke line:
      A hacker, a Russian mail-order bride, and a bisexual serial killer into bondage walk into a bar...

    13. Re:Sad by Trepidity · · Score: 3, Funny

      And it has plenty of experience with being dead and buried, too.

    14. Re:Sad by Opportunist · · Score: 3, Funny

      Most definitly. I stopped drinking OJ right after the trials...

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    15. Re:Sad by KDR_11k · · Score: 2, Funny

      I could fork it today and call it VegetableFS.

      How about SchiavoFS?

      --
      Justice is the sheep getting arrested while an impartial judge declares the vote void.
    16. Re:Sad by antime · · Score: 2, Funny

      One of the things Hans and Nina fought over was him letting their son play violent videogames. In conclusion, proprietary software kills.

    17. Re:Sad by sckeener · · Score: 3, Interesting

      Agreed. There is never a winner in such cases, for the victim's or perpetrator's families.

      Believe me...I know.

      My mother got 26 years for killing her boyfriend after he gave her an STD. She's on year 16 now.

      My dad, who I think is innocent, is serving 30 years for sexual assault of child (3yrd). He's on year 9. He'll be 73 the first time he could get parole (which he probably won't - They don't do that in Texas) or 88 if he has to serve the entire sentence. I think he is innocent because there was no physical evidence and just the word of a 3yr old. He carded my mom before he would date her. My step mother also said my sister (9yr old @the time) had been abused during the trial, but that turned out to be false. The 3yr old's brother was a sex offender and her dad, who was divorced from the mother, would come over every Wednesday night to his ex's home to bathe the little girl. So all of that makes me think he is innocent. There really is little hope for my dad. He has exhausted his appeals...Everyone thinks that if the appeals didn't get him out then he must be guilty...well appeals are for finding errors in the trial. They are not about finding out if he was guilty or not. You only get one chance to prove that.

      My grandparents refuses to discuss my mother with anyone who might have known her. They feel it as a personal shame. Like they messed up as parents. They have lived 16 years like that....

      My sister went from getting 4 times her child support payment to none when my dad went to jail. She went from seeing her daddy every other weekend to living with the knowledge of what he was convicted of and going to junior high, then high school. She didn't even know all the facts about the case until a few months ago.

      so yeah...I feel for the kids...I feel for their entire family on either side.

      --
      "Only one thing, is impossible for god: to find any sense in any copyright law on the planet." Mark Twain
    18. Re:Sad by drinkypoo · · Score: 3, Insightful

      Good luck with that in prison, Hans. That alphageek social misfit stuff works fine when the stakes are low; among other geeks squabbling over geekery. You will now receive the socialization someone neglected when you were 12.

      Great. Now they're going to turn him into a hepatitis-and-AIDS-infested career criminal? I think we were safer when he was only killing one woman, and millions of innocent files.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    19. Re:Sad by dylan_- · · Score: 2, Informative

      How sad is it that I know very little about the inner workings of filesystems and I found an error in that link in like 2 seconds. It says that only Windows Vista allows for soft links and before that NTFS could only create junctions and only on the same partition and it couldn't create them for files.

      Not as sad as the fact that you clearly know more than Microsoft about this, since that info came from a Microsoft Technet article! Link.

      A file system feature many have considered missing from NTFS, the symbolic file link (or as it's called in UNIX, the soft link) finally arrives in Windows Vista. The Windows 2000 version of NTFS introduced symbolic directory links, called directory junctions, which allow you to create a directory that points at a different directory, but until the Windows Vista version, NTFS has only supported hard links for files.

      --
      Igor Presnyakov stole my hat
  2. Okay there you go by morgan_greywolf · · Score: 5, Interesting

    All you people who said "I still don't believe Hans did it" -- do you doubt it now?

    1. Re:Okay there you go by Anonymous Coward · · Score: 4, Funny

      Yes.

    2. Re:Okay there you go by AvitarX · · Score: 3, Interesting

      Wasn't it more a matter of reasonable doubt?

      I think most thought it was more likely than not that he did it. Just that there were reasonable alternative theories (ran away to frame him, insane best friend that claims to have murdered people still alive are 2 that I can think of).

      --
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    3. Re:Okay there you go by ergo98 · · Score: 5, Funny

      All you people who said "I still don't believe Hans did it" -- do you doubt it now?

      The guy was persecuted for being a little strange, which is an outrage. Oh, and he also killed his wife.

    4. Re:Okay there you go by morgan_greywolf · · Score: 5, Insightful

      Right. But you'd have to be bloody insane to think that maybe Hans didn't do it at this point. I mean, he knew where the body was buried.

    5. Re:Okay there you go by NoobixCube · · Score: 3, Insightful

      Now, I don't doubt it. Before, though, there wasn't even any definitive proof anyone had died. I thought that was kind of a prerequisite for charging someone with murder.

      --
      Admit it. You post strawman arguments as AC so you get modded Insightful for refuting them, rather than Troll
    6. Re:Okay there you go by dark+whole · · Score: 4, Funny

      Before, though, there wasn't even any definitive proof anyone had died. I thought that was kind of a prerequisite for charging someone with murder.

      You must be new here.

      --
      CORPORATION, n. An ingenious device for obtaining individual profit without individual responsibility.
    7. Re:Okay there you go by badasscat · · Score: 5, Funny

      I mean, he knew where the body was buried.

      Lucky guess!

    8. Re:Okay there you go by morgan_greywolf · · Score: 4, Insightful

      Oh, and there was no reasonable doubt. They had physical blood evidence that Nina was murdered in his car.

    9. Re:Okay there you go by badasscat · · Score: 5, Informative

      Before, though, there wasn't even any definitive proof anyone had died. I thought that was kind of a prerequisite for charging someone with murder.

      Not in any state that I know of. Otherwise, the only thing you'd need to do to get away with murder is dispose of the body.

      Poison someone, dump them in the ocean with a rock tied to their ankle, and poof. No murder, right?

      That's not the way our legal system works. A missing person, another person who was their known last contact, poison residue on their hands, a poison bottle in their possession, a car that's got sand from a particular beach on its tires, clothing fibers from clothing the victim was known to own in the car, receipts for rope, a blindfold and other tools in the murderer's possession, existence of a motive... that's enough circumstantial evidence to arrest and probably convict somebody in any state in this country.

    10. Re:Okay there you go by RedWizzard · · Score: 5, Insightful

      Wasn't it more a matter of reasonable doubt?

      I think most thought it was more likely than not that he did it. Just that there were reasonable alternative theories (ran away to frame him, insane best friend that claims to have murdered people still alive are 2 that I can think of).

      I think a lot of people here wanted to believe he was innocent, perhaps because of the open source connection, perhaps because they could relate to him, I don't know. I always thought that the alternative theories were pretty weak - there was no evidence that crazy best friend did it and no real motive for Nina to try to frame him by fleeing to Russia without her kids. On the other hand there was a large amount of physical evidence, which taken together (and considering Hans' complete lack of a plausible explanations for any of it) didn't leave a reasonable doubt in my mind. Or the juries mind. And now a lot of people here have to admit that the police and the jury were right.

    11. Re:Okay there you go by Sheafification · · Score: 5, Insightful

      They had physical blood evidence that Nina bled in his car. Doesn't mean she died there, nor that Hans killed her. Seems like that last fact is pretty settled now though.

    12. Re:Okay there you go by pudge · · Score: 4, Informative

      Now, I don't doubt it. Before, though, there wasn't even any definitive proof anyone had died. I thought that was kind of a prerequisite for charging someone with murder.

      It's not.

    13. Re:Okay there you go by Anonymous Coward · · Score: 2, Insightful
      You fail. There were traces of blood found on an item stored in the car (sleeping bag). It proved nothing more than that she had bled a certain (small) amount there. It was just one piece of circumstantial evidence. You can find traces of my blood all over the place, I've banging my knuckles and the like countless times doing work on my house and car.

      If Reiser was less of an asshole during his trial he would have literally gotten away with murder, the prosecution barely had enough to bring to trial and it was all circumstantial.

    14. Re:Okay there you go by Khaed · · Score: 3, Insightful

      And now a lot of people here have to admit that the police and the jury were right.

      I have a feeling that a great many people won't step forth and own up to being wrong; it's just not in human nature.

      Me, I never followed the case closely, but with what I did read, figured either he did it or he was a big idiot. Now I know the answer is "both."

    15. Re:Okay there you go by bh_doc · · Score: 2, Funny

      If, upon discovering the body, Hans said something along the lines of "Holy shit! WTF?! There was actually a body there?!" I'd be more inclined to believe the "lucky guess" story.

    16. Re:Okay there you go by Nelson · · Score: 5, Interesting

      I'll clue you in. Reasonable doubt requires more than just a semi-plausible alternative theory. It's not like reading something in a textbook. "Reasonable doubt" is made up of his actions, his inaction, the things he says to the jury, the things he doesn't say to the jury, his actions in court, his mannerisms, whether he appears to be lying, all of that stuff. There is no sterile, black and white "reasonable doubt" where he can just tell lies and suggest an alternative theory and get off.

      That's what makes serial killers scary, they are so emotionless and seem to not think that they did anything wrong that they can just lie to a group of people and most people find it believable. Many of them are smart enough to not get caught in lies.

      Hans had a lot of circumstances stacked against him and then he did the worst thing possible and he opened his mouth in court, the guy has a hard time communicating with people that really want to understand him and hear what he has to say (fellow kernel hackers) no way he's going to lie to a jury in a convincing manner. Even for a geek he is a very odd individual. Just not convincing in court, and as it turns out, he did the crime anyways. A jury saw through his lies and they were right, as they tend to be. Some estimates have them between 85% and 90% accurate.

    17. Re:Okay there you go by D+Ninja · · Score: 4, Interesting

      I think a lot of people here wanted to believe he was innocent, perhaps because of the open source connection

      Heh, I'll probably be modded as Flamebait for this, but...whatever.

      I agree with you. The OSS connection, I think, is what made people think he was innocent. If this had been a story about Bill Gates or some other closed source proponent, I wonder if people's reactions would still have been the same on this site.

    18. Re:Okay there you go by dougmc · · Score: 2, Insightful

      I've bled many times, and a few times I've bled a lot. Still not dead ...

    19. Re:Okay there you go by flibuste · · Score: 5, Funny

      Debian randomness!

    20. Re:Okay there you go by kestasjk · · Score: 2, Insightful

      Easy to say now.. Now that we know the blood was from the murder and not from something else.

      Still I'm glad the correct jury came to the correct decision.

      --
      // MD_Update(&m,buf,j);
    21. Re:Okay there you go by techno-vampire · · Score: 2, Informative
      the prosecution barely had enough to bring to trial and it was all circumstantial.

      Nothing wrong with circumstantial evidence. I've seen it written that circumstantial evidence is like a cable. If one strand breaks, there are always others.

      --
      Good, inexpensive web hosting
    22. Re:Okay there you go by beav007 · · Score: 5, Funny

      Lucky guess!

      No, he found the location in his journal...

    23. Re:Okay there you go by vought · · Score: 5, Insightful

      They had physical blood evidence that Nina bled in his car. Doesn't mean she died there, nor that Hans killed her.

      No, it doesn't, but look at it like a juror might....

      I've had women, including my wife, ride in various cars of mine for over twenty years now. None of them have bled in any significant amounts inside any of the cars I've owned during that period. Also, no bleeding episodes in my car were followed up by the removal of half the seats in the car or the washing of the inside of my car.

      Of course, no one who has ever ridden in my car has ever disappeared without a trace after obtaining a restraining order against me, either. Sure, it is circumstantial evidence - but people are convicted on less everyday for lesser crimes.

    24. Re:Okay there you go by chinakow · · Score: 4, Insightful

      You can also be found, that is the difference.

    25. Re:Okay there you go by RedWizzard · · Score: 5, Insightful

      I think a lot of people here wanted to believe he was innocent

      Sure, but that wasn't the reason why there was so much opposition to his conviction. People didn't (and still don't) seem to be able to grasp the difference between probably did it and have proven it beyond reasonable doubt. It's entirely consistent to believe that he did it and that he shouldn't have been convicted. Not because he's a big contributor to open-source, but because the standard for allowing the state to take away somebody's freedom and ability to vote for most of their life should be fucking high and his trial didn't meet it.

      I disagree. "Reasonable doubt" is not the same as "proven beyond any doubt", which seems to be your position. Reasonable doubt is not a couple of far-fetched alternative theories coupled with totally unreasonable explanations for the evidence. The jurors saw a lot more evidence than you did. They got to watch Resier as he made his case. According to their comments any reasonable doubt was removed when he took the stand. You may disagree with their conclusions, despite the much smaller amount of evidence (all second hand) that you have access to, but the fact is that they got it right. For you to persist in claiming that they got it wrong is simply the height of arrogance.

    26. Re:Okay there you go by Joebert · · Score: 4, Funny

      At least until the body is positively identified (perhaps by DNA testing) to be that of Nina Reiser's, for all I know this is some ploy/maneuvering by the defense attorney (who had more than ample time to tell Reiser what he was planning) in order to reduce Reiser's sentence.

      The only way I can see that having a chance in hell is if the instructions to find the body looked like this

      Head about 20 miles down road A untill you come across a really large oak tree, you'll know it's the right tree because underneath it there will be a large piece of granite with the word "Cementery" chisled into the face of it. I think it's an old cement factory that went out of business because there's tons of cement and granite blocks with names chisled into them.
      Anyways, go back 23 stones then turn left and go over another 47 stones & that's where you'll find a body.

      --
      Wanna fight ? Bend over, stick your head up your ass, and fight for air.
    27. Re:Okay there you go by CodeBuster · · Score: 2, Interesting

      that's enough circumstantial evidence to arrest and probably convict somebody in any state in this country.

      It might be enough to warrent a trial (grand jury indictments are not too difficult to obtain), but any decent defense attorney when faced with no body and no murder weapon should be able to raise enough reasonable doubt, particularly if the defendant has even just a plausible alibi, to acquit his client of murder charges. IANAL, but if there is no body (and therefore no time of death or timeline to establish against any reasonable alibi of the defendant) and no murder weapon then it is just a missing person until the prosecution can prove otherwise. About the only thing a prosecutor could point out are circumstantial peices of evidence such as possible motives for murder or perhaps some circumstantial observations (extra mileage on the car for that week, sand from a particular beach, missed work a couple of days during the time in question, etc...).

      Probably what got Hans was the sheer amount of very suspicious circumstantial evidence. There were the blood spatters, the unusual book purchases, the missing passenger seat and socket set, his bungling attempts to elude surveillance (you never attempt to dump your surveillance, as every CIA case officer well knows, even if you succeed in eluding them you will only have confirmed their suspicions that you are an interesting person with something to hide. The correct strategy is to continue doing every day boring things until the watchers get bored and give up, however long that takes), and of course (this is probably the unfair part since most of us programmers have a few ecentricities) his odd courtroom manner and selective memory (which is classic Aspergers) didn't help. The confession (proving that he knew were the body was) sealed the deal in any case, but better lawyers (ala OJ Simpson) might have been able to get him off by systematically breaking down the prosecution case and keeping their socially challenged client from opening his mouth or doing anything else odd in court, but Hans didn't have millions of dollars for a legal dream team so now he does 15 years instead.

    28. Re:Okay there you go by dougmc · · Score: 2, Insightful
      Even so, blood is not `definitive proof anyone had died'. Enough blood, maybe, but I don't think enough blood was found.

      It's just more circumstantial evidence -- by itself, not very convincing, but all combined, enough to convict him even without a body.

    29. Re:Okay there you go by porcupine8 · · Score: 3, Interesting

      I think you mean that they have never bled in your car *without* something to contain the bleeding and keep it off the car itself. Because trust me, at some point in the past twenty years your wife bled in your car.

      --
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    30. Re:Okay there you go by Anonymous Coward · · Score: 2, Insightful

      "Reasonable doubt" is not the same as "proven beyond any doubt", which seems to be your position.

      Not in the slightest.

      They got to watch Resier as he made his case. According to their comments any reasonable doubt was removed when he took the stand.

      Think about that for a second. Short of a confession, can any defence testimony remove reasonable doubt? What kind of doubt can be eliminated by such a testimony?

      No, it's very clear that his personality quirks played a large factor here. For instance, the judge laughed at him when he described not liking to make eye contact. Some of the jurors said that the fact that they thought he was odd played a large part in their decision. That's not the kind of thing that should remove reasonable doubt.

      You may disagree with their conclusions, despite the much smaller amount of evidence (all second hand) that you have access to, but the fact is that they got it right.

      You have that 100% backwards. I agree with their conclusions. They concluded correctly that Reiser was guilty. But the fact is they got it wrong. They aren't supposed to return a verdict of guilty if they think he is guilty. They are supposed to return a verdict of guilty if they think it has been proven beyond a reasonable doubt that he is guilty. These are two entirely different things, and confusing the two is what I complained about in my earlier post.

    31. Re:Okay there you go by zippthorne · · Score: 2, Interesting

      Well, hopefully, the vast majority of those "ten to fifteen percent" erroneous verdicts are false negatives, as judge William Blackstone intended.

      --
      Can you be Even More Awesome?!
    32. Re:Okay there you go by RightSaidFred99 · · Score: 2, Insightful
      No. Now please excuse yourself from any future jury you may be called upon to participate in. The way evidence works (barring the extremely rare multiple eyewitness, camera, or SuperBad "ejaculate all over the place" situations) is you use it to reduce the chances that someone else other than the suspect killed the person. You look at person missing, blood evidence, strange behavior consistent with him having murdered her, motive, no alibi, and all the other stuff.

      Taken as one thing, none is strong enough to convict. Hell, even DNA evidence usually doesn't say "this is person X's blood", it tells you "the odds of this blood belonging to someone other than the suspect are 1 in 1xxxxxxx". Each piece of evidence brings the odds of it being someone else to such a ridiculously small number that a reasonable person would have no reasonable doubt that the suspect is guilty.

    33. Re:Okay there you go by x2A · · Score: 4, Funny

      Hell yeah! I firmly believe Bill Gates killed his wife, despite all evidence, like her still being alive, saying otherwise!

      --
      The revolution will not be televised... but it will have a page on Wikipedia
    34. Re:Okay there you go by LauraW · · Score: 3, Informative

      but look at it like a juror might....

      I almost ended up on the jury for a murder trial in California a few years ago. During the jury selection, the judge explained some of the rules of evidence, probably to see which jurors understood them. The rule for circumstantial evidence -- anything that's not eyewitness testimony, basically -- sounded pretty simple. For any given piece of circumstantial evidence, if there's a "reasonable" explanation for that evidence that supports innocence then the jury is supposed to accept that explanation even if it means erring on the side of innocence. If there isn't a reasonable explanation that supports innocence, then the jury can use it as evidence of guilt.

      I'm not a lawyer and I probably have some of the details wrong, but those are the basics as I remember them. After I learned those rules, the verdict in the OJ case made a little bit more sense. I can see how a jury following those rules could have decided that some of the evidence supported him being innocent.

    35. Re:Okay there you go by dgatwood · · Score: 2, Interesting

      Hans had a lot of circumstances stacked against him and then he did the worst thing possible and he opened his mouth in court, the guy has a hard time communicating with people that really want to understand him and hear what he has to say....

      That's why I don't believe for a minute that it was premeditated. The guy is too incredibly bad at lying to be a psychopath, IMHO.

      --

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    36. Re:Okay there you go by Fmuctohekerr · · Score: 3, Insightful
      What is it about this case that brings out the stupids in people? No offense. Well, a little offense.

      I think I understand how evidence works in a trial. I have some idea.

      You might want to ask yourself what the importance of having an alibi is when... there is no body and no time of death established. You also might want to consider that Nina had a motive to flee the country without telling anyone. It is interesting also that someone the victim had been intimate with had confessed to killing several people... yet was never formally investigated.

      No one is saying "without physical evidence, you cannot find someone guilty, because, as we all know, that's solid!"

      Because you can get convicted on circumstantial evidence and testimony alone. It happens all the time. Some of us (yes, I'm not alone here) think he was guilty yet the standard of reasonable doubt was not met. I'm not saying the justice system is wrong. I'm not saying that there wasn't any physical evidence, and therefore he shouldn't have been convicted. I have opinions on that, but they don't apply here.

      I AM saying... that from following the case (somewhat) I did not find the prosecution's case (which was, as it happens, mostly if not all circumstantial) compelling enough to find Hans Reiser guilty of PREMEDITATED MURDER, which is what he was charged with. Also, apparently the jurors felt that Hans' testimony was suspect as well. I don't think that's good enough... IN THIS CASE.

      Feel free to disagree, but try to understand what I'm saying first. Do you understand now?

      And... BY THE WAY... what you are describing as "how it works" sounds more like "preponderance of evidence" not... wait for it... "beyond a reasonable doubt." Here in the US we have both. Guess what, your "reducing the chances someone else did it" ideas are just fine... for a civil case. As a matter of fact, all you have to hit is 50%.

      For Hans, we needed to apply the stricter proof test, and the way that is defined is not some kind of probability function nonsense, but rather the very freaking simple idea that a "reasonable person" through "common sense" would be "fully satisfied" that Hans is guilty. That's it. No probabilities, no chances. If a person feels "uncomfortable" with their verdict, because something is "bothering" them about it, because say, there was no body found and Nina might have fled to Russia and the prosecution didn't address that "convincingly", then, that is "a reasonable doubt."

      IANAL, but I am open to correction if I have anything wrong. Your post didn't do it.

      Also, not to be complete dick or anything, but there's no need for you to "excuse yourself" from a jury because you don't think you "understand the legal system"... they'll take care of that for you during jury selection. I suspect neither of us would make very good jurors. But for entirely different reasons of course.

    37. Re:Okay there you go by IntlHarvester · · Score: 4, Insightful

      The rule for circumstantial evidence -- anything that's not eyewitness testimony, basically -- sounded pretty simple. For any given piece of circumstantial evidence, if there's a "reasonable" explanation for that evidence that supports innocence then the jury is supposed to accept that explanation even if it means erring on the side of innocence. If there isn't a reasonable explanation that supports innocence, then the jury can use it as evidence of guilt.

      Except Reiser testified in his own defense and came up with some real bullshit to explain the circumstantial evidence. So the jury wasn't reaching for a "reasonable explanation", they were judging whether Reiser was credible or not.

      Had Reiser said "Oh gee, my wife cut her foot once", he might have had a chance. Instead he made up some ridiculous story to explain why he had torn the seats and carpeting out of his car days after his wife disappeared.

      --
      Business. Numbers. Money. People. Computer World.
    38. Re:Okay there you go by RightSaidFred99 · · Score: 3, Insightful
      Your position, to me, seems untenable. The defendent and his lawyer will _always_ posit some other explanation for the crime. Without fail, if they deny the charges and don't plead guilty they will come up with some explanation. "I was carrying it for a friend!" "Those drugs aren't mine, someone left them in my car!" "These cops are framing me!". It's incredibly easy to spew stuff out, if jurors paid words alone any heed there would be very few convictions in this country.

      The prosecution presents their case. The defense should refute the prosecution's evidence with science or with facts. Stories are meaningless. Anyone could just go out and kill their wife, destroy/hide the body, and assert the wife fled to Timbuktu. It means nothing. Stories about grandiose nutjobs pretending to be serial killers mean nothing. Stories about fleeing to Russia mean nothing. If they want to assert that's what's happeneed, they need to produce credible evidence.

      Wait, wait. I know. Now you're thinking "but the prodecution has to prove things, not the defense!". Not true. The prosecution makes an assertion of guilt. They then proceed to prove that assertion. If the defense proposes an alternate theory, they must prove it somehow or at least make it something other than a story made up by the defense team.

      As for probabilities, all criminal cases come down to probabilities. Every single one. We just don't think of it that way most of the time. What are the odds of all this evidence pointing to Reiser but him not having killed his wife? Close to zero. The jury, thankfully, understood that on at least a subconscious level. Many of you, despite numerous very clear explanations, still don't understand this very simple thing.

      Seriously, talk to a reasonably intelligent judge or prosecutor about this sometime, or more simple just watch one of those shows about forensics cases. Most of the time it comes down to providing enough circumstantial evidence that it eliminates all other reasonable explanations other than the suspect's guilt.

      Odds of W incriminating evidence happening and suspect being innocent: 1/500

      Odds of X incriminating evidence happening and suspect being innocent: 1/800

      Odds of Y incriminating evidence happening and suspect being innocent: 1/5000

      Odds of Z incriminating evidence happening and suspect being innocent: 1/2000

      Odds of W, X, Y, Z all being true and suspect being innocent: 1/4000000000000.

      Hmm, I wonder if this defendent is guilty!! But, gee, no one piece of evidence is all _that_ incriminating! Pfft. Come on, now.

    39. Re:Okay there you go by greatpatton · · Score: 4, Interesting

      My wife lost our babies in the car (fourth month of pregnancy) while I was driving her to the hospital. The amount of blood she lost in the car was shocking, she had to be transfused at the hospital. So yes you can have you wife bled in a significant amount in your car for a legitimate reason.

    40. Re:Okay there you go by Opportunist · · Score: 3, Interesting

      Here's a little story for you.

      Friends of mine got drunk and decided to arm wrestle on a glass table. To make a long story short, we had no time to wait for an ambulance and I was the only mostly sober person, so it was me who drove. The car was quite literally a bloody mess, despite us having a doctor with us (chances are the guy would have died if we didn't), and by the time we arrived at the hospital, the back seats were soaked.

      I'm lucky. The guy didn't disappear. But imagine he did. Now, the very first thing I did after the horror trip was to clean out the blood. According to you, this would have made me a prime suspect.

      Now, of course there is a lot of evidence supporting my side of the story. Three other people to back it up, medical records showing that he arrived with a wound that can credibly cause the blood stains on my seats. One isn't always so lucky.

      Evidence can lie. Or rather, it can lead to the false conclusions.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    41. Re:Okay there you go by Atti+K. · · Score: 2, Funny

      ...it was in lost+found.

      --
      .sig: No such file or directory
    42. Re:Okay there you go by IntlHarvester · · Score: 3, Insightful

      Actually OJ got off because of (a) Perjury on the stand (b) Planted Evidence (c) Courtroom theatrics that backfired.

      And Reiser got convicted because of (a) Physical evidence (b) He testified in his own defense, and (c) He's an totally unconvincing psychopathic liar

      In conclusion, ur dum.

      --
      Business. Numbers. Money. People. Computer World.
    43. Re:Okay there you go by elguillelmo · · Score: 4, Insightful

      Wow that's a story deserving to be told long! Anyway, the point here is that your explanation for what happened is plausible (I guess they've seen weirder things in A&E) and well supported by evidence and witnesses... To sum up, is a different thing altogether from Reiser's case

      --
      Dawkins Revisited: A person is shit's way of making more shit -- Steve Barnett, anthropologist.
    44. Re:Okay there you go by D.McGuiggin · · Score: 2, Insightful

      "So yes you can have you wife bled in a significant amount in your car for a legitimate reason."

      You say this like you're refuting someone who claimed otherwise. I believe his point was that bleeding inside a car is a rare and unusual event.

      Your post only serves to prove his point, unless you're having miscarriages occur in your car on a regular basis.

    45. Re:Okay there you go by blind+biker · · Score: 2, Insightful

      He's an totally unconvincing psychopathic liar

      Psychopaths are, unfortunately for the rest of us, extremely convincing liars. That's how they manage to charm their victims (not necessarily murder victims - see the case of Christophe Rocancourt). Psychopaths have no problems saying even the most incredible, outlandish lie while looking you straight in the eyes, with the most relaxed tone of voice and body language.

      --
      "The agriculture ministry is not in charge of Gundam" - Japanese ministry official.
  3. fooie by Anonymous Coward · · Score: 2, Insightful

    There was always that little (irrational) bit of me that said he was innocent. Foof.

  4. This makes me sad by ShaunC · · Score: 3, Insightful

    I held out so much hope all during the trial process that Hans wasn't guilty. And even after he'd been convicted, I held onto the cynical thought that Nina was alive and well somewhere in Russia, laughing at all of this, and that someday it would all be revealed as a fraud.

    Good luck, Hans.

    --
    Thanks to the War on Drugs, it's easier to buy meth than it is to buy cold medicine!
    1. Re:This makes me sad by 427_ci_505 · · Score: 5, Insightful

      At this point, fuck him. Good luck to his kids.

    2. Re:This makes me sad by Falstius · · Score: 2, Insightful

      I held out so much hope all during the trial process that Hans wasn't guilty. Good luck, Hans.

      Why?

    3. Re:This makes me sad by freeweed · · Score: 5, Insightful

      Personally, because I'd have liked to have seen her turn up alive and well. A living person is better than a dead person any day.

      Sadly, circumstantial evidence or not, the guy was clearly guilty as all hell from minute one. Even the weirdest, most anti-social geek I know doesn't do the strange shit he pulled in the days following her murder.

      --
      Endless arguments over trivial contradictions in books written by ignorant savages to explain thunder in the dark.
    4. Re:This makes me sad by JustShootMe · · Score: 4, Insightful

      Good luck? The man is a fucking murderer. I don't care if he's fucking Linux God and able to write programs just by looking at them, he's a despicable human being and deserves no luck at this point.

      It makes me sad too, it makes me sad that he did it, it makes me sad that he thought he could get away with it, it makes me sad that he actually used the "I'm too smart to know what I did" defense, and now he's going to pay the price. I'm not sad for that.

      This ain't no victimless crime.

      --
      For linux tips: http://www.linuxtipsblog.com
    5. Re:This makes me sad by FooAtWFU · · Score: 3, Insightful

      Well, I think perhaps the best luck would be some sort of (true) sorrow, remorse, repentance, things like that, ending and eventually emerging from prison a better person and then going on to lead the rest of his life quietly contributing to some crazy experimental codebase of some sort. Why not?

      --
      The World Wide Web is dying. Soon, we shall have only the Internet.
    6. Re:This makes me sad by ShaunC · · Score: 5, Funny

      Fuck you, ShaunC.

      Don't you mean "fsck you?"

      --
      Thanks to the War on Drugs, it's easier to buy meth than it is to buy cold medicine!
    7. Re:This makes me sad by jamesh · · Score: 4, Insightful

      he's a despicable human being and deserves no luck at this point.

      I used to have an attitude like that, but by definition anyone who behaves that way is obviously mentally ill, and probably a jail term is only going to make things worse for him. I'm not sure there is alternative though...

      And that's what makes me sad, I don't think that there is an answer to the question 'what could have been done beforehand to prevent this?'. You can't just go locking people away because they are a bit (or a lot) arrogant and nerdy - slashdot's user base would disappear overnight! Maybe we need that 'voice in your head' ray gun pointing at people 24/7 with a message 'thou shalt not kill. thou shalt not kill. thou shalt not kill. (drink pepsi).'

      Hopefully the kids are now in a more stable environment...

    8. Re:This makes me sad by ShaunC · · Score: 2, Interesting

      Why?

      Because I sort of hoped he hadn't done it.

      --
      Thanks to the War on Drugs, it's easier to buy meth than it is to buy cold medicine!
    9. Re:This makes me sad by Kibblet · · Score: 2, Insightful

      Good luck Hans? Why? He's already lucky getting a lighter sentence. He got more than he deserved. Way more. He murdered someone. No luck for him.

    10. Re:This makes me sad by Anonymous Coward · · Score: 2, Insightful

      > Good luck, Hans

      That man killed his wife, plotted to hide the body, and then lied in court. He has been noted to be both arrogant and highly anti-social.

      That man deserves *NO* more respect, *NO* more well-wishing, and *NO* more attention in the media.

      What he *DOES* deserve is time in jail to ponder his actions, as well as the right to return to society once he's no longer a threat. His was a heinous, absolutely evil act, and this kind of well-wishing is ill-placed in light of what he did to his wife and kids.

    11. Re:This makes me sad by Whatanut · · Score: 2, Funny

      A living person is better than a dead person any day

      The Darwin Awards suggest otherwise...

      --

      yvan eht nioj
    12. Re:This makes me sad by keeboo · · Score: 2, Funny

      Fuck you, ShaunC.

      Don't you mean "fsck you?"

      Man, the guy has a journal.

    13. Re:This makes me sad by Z34107 · · Score: 5, Funny

      Agree. I think where he went wrong was killing his wife. Also, optimizing for edge cases which rarely appear standard operation...

      --
      DATABASE WOW WOW
    14. Re:This makes me sad by arth1 · · Score: 3, Funny

      Good luck? The man is a fucking murderer. I don't care if he's fucking Linux God and able to write programs just by looking at them, he's a despicable human being and deserves no luck at this point.

      Luck doesn't work on a deserve-basis. Luck is blind, and with an arbitrary large group of fucking murderers, as many of them will have good luck as those who'll have bad luck. If you wish one fucking murderer bad luck and your wish comes true, statistically another fucking murderer will have good luck.

      You're possibly confusing luck with karma?

    15. Re:This makes me sad by gfxguy · · Score: 2, Insightful

      "Criminals thrive on the indulgence of society's understanding."

      I know Ra's Al Ghul is a fictional character, but damn he was wise.

      --
      Stupid sexy Flanders.
    16. Re:This makes me sad by im_thatoneguy · · Score: 2, Interesting

      It isn't a victimless crime but you seem to be closing out any other options beyond primitive revengeful punishment.

      Just because he is emotionally a defective human being doesn't mean we shouldn't exploit his intellectual abilities. I fully support hooking him up to a laptop and letting him code to his heart's content for the next 15 years.

      Why not? Because he might enjoy it? Because he might feel useful? Because it won't satisfy our need to make him hurt for as long as possible? Do we really think 15 years in prison will dissuade people from killing their wives?

      Is he even really a threat to society beyond living as an example of someone who murdered their wife? Let's put his jail sentence to use and make him work even if it means his stay is more enjoyable.

    17. Re:This makes me sad by Killjoy_NL · · Score: 2, Interesting

      I say let the bastard code, it would be his forced labour instead of making license plates or bashing rocks to rubble.
      He has a gift, in this case, exploit the hell out of it.

      --
      This is the sig that says NI (again)
    18. Re:This makes me sad by R2.0 · · Score: 2, Insightful

      "Not so much the 'trying to cover up his actions' stuff, more the expectation that the reasons he put forward for his actions were in some way plausible. He didn't come across as someone who had a sound grasp on reality."

      There is a difference between mentally ill and having a grip on reality. The subprime mortgage mess in the US shows that there are whole large swathes of the population with irrational expectations and wildly overestimated personal capabilities - that doesn't mean there are million of candidates for therapy.

      "do you think that makes him an evil person?"

      No, actually I don't; I think very few people actually qualify as evil. But note that I said "bad or evil".

      "Do you think a few years in prison is going to change him for the better, or do you think the idea is for him to 'pay for' his crime?"

      There are 4 theories of punishment: retribution, rehabilitation, removal, and deterrence. I do not subscribe to the the theory of rehabilitation; pick any of the other three, and that will do.

      --
      "As God is my witness, I thought turkeys could fly." A. Carlson
    19. Re:This makes me sad by gfxguy · · Score: 2, Insightful

      I was replying to what you wrote... I don't agree with prisoner "abuse," but I'd bet we have wildly different definitions of what it means to abuse a prisoner.

      Secondly, prison IS primarily punishment, that's how it's supposed to be... rehabilitation, if it's even possible or worthwhile, should be secondary. That's what "society's understanding" is; oh you poor man, we know it was society that drove you to kill your wife, let us help rehabilitate you!

      --
      Stupid sexy Flanders.
  5. No more doubts about conviction by Anonymous Coward · · Score: 5, Insightful

    Even after the conviction, given the circumstantial case some doubts remained. This certainly removes all remaining doubts.

  6. R.I.P. NINA by gnudutch · · Score: 4, Insightful

    FINALLY

  7. Choice of file system by Wister285 · · Score: 3, Interesting

    Does this whole situation affect your choice of file system? Personally, I would have to say so. This is a very sad story. There is something very morbid about using the work of a murderer.

    1. Re:Choice of file system by DrEldarion · · Score: 5, Funny

      This is just one more thing for the 15 year olds who think they're e-badasses because they use Linux to brag about.

      "Oh yeah? Who designed your WinBlow$ file system? Just some monopolist? My file system was designed by a murderer. I totally have you beat."

    2. Re:Choice of file system by ActusReus · · Score: 4, Funny

      I'm going to hell for laughing at this.

    3. Re:Choice of file system by Paradigm_Complex · · Score: 2, Insightful

      Why? I can understand (but still disagree with) someone being hesitant to use medical research found by amoral means: you know in the back of your mind that you're directly benefiting from someone loss. I disagree because refraining from using it doesn't help the victims or anyone else - may as well make their loss mean something. (Especially if the research can save lives!) Just don't condone it happen again. In this situation, though, I can't comprehend at all the hesitation for using his FS. It wasn't built on Nina's body - if Nina and Hans made up and lived happily ever after we'd still have his FS. It's just related loosely-ish to a wrongdoing - it wasn't the cause or result. If his file system fits your needs (say, you have lots of small files that need to be moved around quickly) go ahead and use it. Using his FS does not mean you support murder.

      --
      "A witty saying proves nothing." - Voltaire
    4. Re:Choice of file system by Wister285 · · Score: 2

      I never said it was logical! It's creepy!

    5. Re:Choice of file system by Yannic · · Score: 4, Insightful

      Does this whole situation affect your choice of file system?

      Personally, I would have to say so. This is a very sad story. There is something very morbid about using the work of a murderer.

      This doesn't affect my choice in filesystem, nor should it anyone. It doesn't invalidate the work that was done on the filesystem by Mr. Reiser or any other contributor.

      That being said, if we were to find out that the murder of Nina somehow benefited the code, then I would find issue with it. If by looking at Nina's splattered blood, Hans was inspired to create a new tree sorting algorithm, then yes, I'd have a problem with that.

      Once code has been written, it should stand on its own merits, and be scrutinized only for its own flaws.

      Now that I've written this, I'm beginning to reconsider my position on NSA Linux.

      \/\/\/

    6. Re:Choice of file system by tomhudson · · Score: 2, Interesting

      you know in the back of your mind that you're directly benefiting from someone loss.

      We all benefit from someone's loss all the time. If people never died, we'd all be starving, etc. Can you imagine having your overly-senile great-great-great-20-times-removed ancestors hanging around - and ALL their offspring - you'd want to kill them, just to get some breathing room.

      Hate to say it, but the Lion King was right with that "Circle of Life" bit.

      (now try to get that damn tune out of your head)

    7. Re:Choice of file system by RAMMS+EIN · · Score: 3, Insightful

      Actually, my thinking about chosing a filesystem _has_ been affected by this case, but for a different reason. Hans getting arrested has raised strong doubts in my mind about the continuity of ReiserFS. It still remains my favorite*, but I will be watching the developments and see if a better choice comes along at some point.

      Hans being found guilty of murder somehow doesn't factor into the decision for me. I can see how it would, but it just doesn't, for me. If the filesystem is the best choice, I don't see why I would go with a lesser option, just because an important contributor committed murder. That isn't _my_ fault, after all.

      * Strangely, where many others report problems with ReiserFS and suggest various alternatives, for me, ReiserFS has been both the fastest and the most reliable filesystem I've ever used.

      --
      Please correct me if I got my facts wrong.
  8. He duped the great majority of us... by Vthornheart · · Score: 3, Insightful

    It's unfortunate. A woman is dead, and the large majority of the tech community (myself included) has egg on their faces. We wanted to believe it wasn't true... well, the proof is in the pudding.

    --
    -Vendal Thornheart
    1. Re:He duped the great majority of us... by Minwee · · Score: 3, Informative

      the proof is in the pudding.

      "The proof of the pudding is in the eating." (Cervantes, Don Quixote, 1605)

      Here "proof" is used in the sense of "test", so the phrase states that you have to eat the pudding to know how it tastes. The corrupted form of that phrase, "the proof is in the pudding", while not uncommon, is complete nonsense.

      Now you know.

    2. Re:He duped the great majority of us... by NightFears · · Score: 5, Funny

      The correct English idiom is a bit different: the proof of the pudding is in eating. It is interesting to note that the idiom is paradoxical. What proof would remain, if youa ate Nina's body?

    3. Re:He duped the great majority of us... by Reality+Master+101 · · Score: 3, Interesting

      Egg on our face for assuming innocence until guilt had been proven?

      No, egg on your face for stubbornly clinging to innocence in the face of overwhelming evidence of guilt, just because he was a programming geek. And guilt is rarely "proven", the standard is "proven beyond a reasonable doubt" (And NOT "proven beyond all doubt").

      --
      Sometimes it's best to just let stupid people be stupid.
    4. Re:He duped the great majority of us... by jjohnson · · Score: 2, Informative

      Her other boyfriend was a known murderer. That puts a lot of reasonable doubt in my mind.

      The jury never heard about Sturgeon because the police (correctly) concluded that he was a nutcase confessing for attention (a syndrome not unknown to the police). Sturgeon said he killed eight people, but provided no evidence that he'd actually done it. He also didn't confess to eight known murders and go to jail for them. He just wanted some face time with the cops.

      Look at it this way. I kill someone, get arrested, go to trial. You tell the police that you killed eight people, but not the one I'm accused of, whom you knew. The jury is told about your confession, has reasonable doubt, and acquits. The police have no evidence you actually killed anyone, so you can't be tried for the murder. Later, you and I have a beer together.

      I still do not believe that premeditated murder has been proved. What evidence has been presented that he planned the killing at all?

      Premeditation has a fairly wide meaning beyond the classic example of me decided to kill you and carefully planning it for days or weeks. It can count as premeditation if I decide to kill you seconds before doing so. What really matters is a clear, prior intention to bring about your death.

      --
      Anyone who loves or hates any language, platform, or manufacturer, doesn't know what they're talking about.
    5. Re:He duped the great majority of us... by evanbd · · Score: 2, Insightful

      It also uses a somewhat dated form of the word "proof" -- a meaning much closer to "test". "The test of the pudding is in the eating" would be closer to the original meaning.

    6. Re:He duped the great majority of us... by crashfrog · · Score: 2, Insightful

      Sorry, but I can only assume you haven't seen the list of evidence

      No, I've seen the list. Now that there's a body and a confession, sure, you might have an argument for "overwhelming".

      In the trial, though, what you had was a missing person (who held dual citizenship and had every plausible motive to want to disappear), a missing car seat, one spot of blood that was never determined to be Nina's, and two books on criminalistics.

      That's not really overwhelming evidence of anything. It wasn't even overwhelming evidence that Nina Reiser was dead.

      It's the murder equivalent of a cookie missing from the cookie jar and your five year old son saying he didn't do it while crumbs are all over his face.

      Except that there weren't any "crumbs" on Reiser; there was nothing physical to tie him to the murder because until he produced the body there was no physical evidence of any murder.

      And if we were talking about sending my five-year-old son to jail for 20-to-life, I'd want a whole lot more evidence than a few crumbs on his face. Which, again, we didn't even have in the Reiser case.

      Technically, yes, the evidence is circumstantial, and yes, we don't have the body of the cookie, but it doesn't take a mind reader to know that a burgler probably didn't sneak in to eat the cookie.

      Cookies don't walk off by themselves, but people do. Just because someone has disappeared doesn't mean they've been murdered. Often people disappear completely on purpose.

      I like the analogy another poster made: if this had been Bill Gates and Melinda was missing, most Slashdotters would've convicted him instantly based on the evidence we had.

      That's a bit of a stretch. Just from the comments in this thread it appears that Hans Reiser was liked even less than Bill Gates.

      The evidence was clearly enough to convince a jury. In that sense, it was satisfactory. What we learned from the media was anything but, and only a great idiot would pretend that a missing person, a car with no seat, and two books about real-life CSI constituted "overwhelming evidence" of being a murderer.

      --
      I never have frustrations, the reason is, to wit:
      If at first I don't succeed, I quit!
  9. I guess this means he falls under the messy type.. by plasmacutter · · Score: 3, Interesting

    There are two archetypes of nerds, which oddly parallel serial killer archetypes: disorganized and spontaneously creative vs organized and methodically calculating.

    The M.O. he demonstrated in the crime indicates the disorganized type.

    If he were the methodical type, his crime might not have even been noticed.

    --
    VLC FOR MAC IS DYING! IF YOU DEVELOP, PLEASE SAVE IT!!
  10. Re:Goddamnit, here they come by mixmatch · · Score: 2, Funny

    queue?

  11. Re:Statistically, this was bound to happen. by glitch23 · · Score: 2, Insightful

    I'm just saying that given enough people in a community, you'll certain amounts of people who lie, cheat, steal and even murder.

    Statistically, given enough people in a community, you'll find certain amount of people who are nice, moral, and respectful of others. This could have easily gone the other way.

    --
    this nation, under God, shall have a new birth of freedom. -- Lincoln, Gettysburg Address
  12. The kids... by ulash · · Score: 5, Insightful

    No matter how much we argue or try to make "programming jokes" about this incident the truth is these kids' mother is dead, their father is going away for a long time and they are going to be the ones bearing one of the heaviest burdens in this particular case.

    1. Re:The kids... by Anonymous Coward · · Score: 5, Insightful

      I think that there are two important points here:
      1) You can always joke about something (and often should).
      2) That joking and laughter doesn't help the kids who are the real victims. (The mother was the victim, but the kids will continue to suffer for a while yet.)

      So I ask this of Slashdot: Should the open-source/tech-community raise some money or do something nice for these kids?

      We don't have any obligation to, but some one from our community has hurt his kids and his kids are suffering. Should we do something to help out? (Scholarships? I nice thing of flowers?)

      I don't know the answer to this, but I think that it is worth some discussion.

    2. Re:The kids... by Paradigm_Complex · · Score: 2, Insightful

      Right, the vast majority of us know what happened as well as you do. Kids are in a tough spot. Murder is a creepy thing for nearly everyone (directly involved or not), and most people can't just store it away for future reference machine-like and be done with it. People have different ways of coping with it - some through discussion ("argument") and others through jokes. We're not trivializing it by doing this; we're just trying to deal with it in our own ways. I can't undo murder, but if I can make someone in a bummed mood smile I feel that much better myself.

      --
      "A witty saying proves nothing." - Voltaire
    3. Re:The kids... by JohnnyGTO · · Score: 2, Interesting

      I went to high school with two brothers that "survived" their father killing their mom when he caught her screwing around. The most messed up part of their lives seemed to be they were the center of attention for all the wrong reasons.

      --
      Si vis pacem, para bellum! For evil to succeed good men need only do nothing!
  13. Re:I can only hope by JebusIsLord · · Score: 3, Funny

    How very Christian of you.

    --
    Jeremy
  14. Minority, not majority... by nweaver · · Score: 5, Insightful

    He duped a minority, methinks.

    There were lots of us who thought he probably did it: the "she ran away" excuse just never floated, and there was too much stupid circumstantial excuses (I don't care HOW much of a geek you are, doing BOTh the seat AND flooding the car AND saying you slept in the wet sopping car is just ridiculous)

    --
    Test your net with Netalyzr
    1. Re:Minority, not majority... by georgewilliamherbert · · Score: 4, Insightful

      Hi Nick.

      (As context, Nicholas was tangentally involved with Hans while we were all at Berkeley together, and I knew Hans more closely because I was there earlier / closer in age to Hans).

      I'm not in touch with a whole lot of the rest of the crowd that knew him in the late 80s / early 90s at Cal. However, the people I am still talking to had a range of opinions... Hans was wierd, but not wierd in the way that would make you think he'd hurt or kill someone eventually. There was doubt - Nina was clearly wierd, too, as were several other people involved (Sturgeon, for one, made a better potential killer). Many other things could have been the underlying factual truth. I was personally hoping that I hadn't gone to school with someone who later became a murderer.

      Plenty of innocent people have been caught up in situations that made them look guilty with various evidence and eyewitness reports... Hence the current spate of DNA evidence based overturned convictions. Think how many other innocent people were convicted of things but can't prove it because the real murderer didn't leave DNA that was found...

      Yes, it was always suspicious. I don't know anyone who didn't at least put significant weight on the possibility he had killed her. I hoped not, and I'm very disappointed, and sad for his kids, and their grandparents, and for Nina.

      This isn't a situation to be getting self-righteous over. No matter what the "right"/"true" answer was, it was a terrible situation, and this was not the best possible outcome. I know several geek community people that I hope this pushes into relationships counseling and anger management counseling.

      Sad day.

  15. Bad News for Geeks by New_Age_Reform_Act · · Score: 2, Insightful

    With things like this coming out, it is going to be much, much harder to find a wonderful woman. Let alone getting 1000 points in an hour playing Team Fortress 2.

    --
    "The New Age. The New Beginning."
    1. Re:Bad News for Geeks by eclectro · · Score: 2, Funny

      With things like this coming out, it is going to be much, much harder to find a wonderful woman.

      Because they are all dead?

      --
      Take the cheese to sickbay, the doctor should see it as soon as possible - B'Elanna Torres, "Learning Curve"
    2. Re:Bad News for Geeks by tomhudson · · Score: 4, Funny

      With things like this coming out, it is going to be much, much harder to find a wonderful woman.

      Because they are all dead?

      You can always ask Hans to dig one up for you ...

  16. Re:The Ends Justify the Means by inotocracy · · Score: 2, Insightful

    He did some odd things after the murder that didn't really help his case, and its now obvious why he did those things. The lesson isn't what you said, its this: don't murder your wife.

  17. Re:rest in peace by mrbluze · · Score: 3, Funny

    there is nothing more sad then the Truth

    ...then the Truth what?

    --
    Do it yourself, because no one else will do it yourself. [beta blockade 10-17 Feb]
  18. Closure by m.dillon · · Score: 2, Insightful
    Its a sad ending to a painful story, but I'm glad we have closure.

    -Matt

    1. Re:Closure by Farmer+Tim · · Score: 2, Funny

      Why this modern obsession with "closure"? It's almost as if

      --
      Blank until /. makes another boneheaded UI decision.
  19. Re:The Ends Justify the Means by tomhudson · · Score: 5, Insightful

    Oh, come off it ... there was no reasonable doubt. Doubt that isn't reasonable isn't sufficient to let him walk, and the *jury* - not the prosecutor - got it right.

    Bottom lne: Hans tried to bullshit them, and they saw through it. If he had shut his moutn, maybe he would have walked, but he thought he could "put one over" on a bunch of "dumb jurors."

    He forgot that jurors don't have to be smarter than the accused - in his case, all they needed was a baloney-meter.

  20. Re:I can only hope by One+Childish+N00b · · Score: 4, Insightful

    You're an ass, nobody deserves that. I know you're a troll, but you're also sadly indicative of a lot of people's attitudes towards prison rape.

    --
    Dealing with lawyers would be a lot less tedious if they all looked like Casey Novak.
  21. Re:I can only hope by ya+really · · Score: 4, Insightful

    I can only hope (Score:0)
    by Anonymous Coward on Monday July 07, @10:08PM (#24093325)

    that he is repeatedly raped in prison and catches AIDS. He deserves a long and painful death.

    Re:I can only hope (Score:2)
    by JebusIsLord (566856) on Monday July 07, @10:19PM (#24093487) Homepage

    How very human of you.

    Fixed that for you. Being a decent person has very little to do with religion.

  22. Yes, but only because... by Anonymous Coward · · Score: 2, Insightful

    This will impact future development in a negative fashion. If there were others that could seriously continue development, then sure, I'll keep using it. And I'll keep watching Chris Benoit wrestling matches.

  23. Why throw the baby out with the bath water? by Zero__Kelvin · · Score: 2, Insightful

    "Does this whole situation affect your choice of file system? Personally, I would have to say so."

    I hope you also don't wear anything with Cotton in it. I mean, unless you are pro-slavery of course. And I certainly hope you wouldn't drive a VW or other German car ... or are you pro-Nazi?

    I can understand you being a bit emotional at the moment, but at some point you need to start to think reasonably. If you stopped using quality products because of the nature of some of those involved in their design and production, you'd probably be naked, and starving. The above was but a small sample of examples. Also, namesys is more than Hans Reiser, and throwing the baby out with the bath water is an expression for a reason.

    --
    Guns don't kill people; Physics kills people! - John Lithgow as Dick Solomon on Third Rock From The Sun
    1. Re:Why throw the baby out with the bath water? by michaelg1987 · · Score: 2, Insightful

      I hope you also don't wear anything with Cotton in it. I mean, unless you are pro-slavery of course. And I certainly hope you wouldn't drive a VW or other German car ... or are you pro-Nazi?

      I can understand you being a bit emotional at the moment, but at some point you need to start to think reasonably.

      So to "think reasonably" means that all Germans are Nazis, or that all cotton (especially present day) is affiliated with slavery? It scares me that someone like you is arguing in favor of reason.

    2. Re:Why throw the baby out with the bath water? by antibryce · · Score: 3, Funny

      I'm a pro-slavery nazi, you insensitive clod!

    3. Re:Why throw the baby out with the bath water? by BootNinja · · Score: 2, Interesting

      no, what he is doing is equating the gp disdaining RFS because of Reiser's wrongdoing to disdaining cotton because of the history of slavery and german engineering because of WWII.

      It's a syllogism. and a contra-positive with a bit of reductio ad absurdum thrown in for good measure.

  24. Re:I hear that by palegray.net · · Score: 5, Insightful

    I hope he gets his in prison.

    As understandable as the sentiment is, that won't bring Nina Reiser back. I've lost a loved one to a drunk driver, and it isn't much comfort that the bastard went to prison. I hope his kids get a little bit of peace from the fact that at least they have a final answer on the matter, and that they'll be able to visit their mother's grave. This is just really sad; everybody involved loses.

  25. and slashdot joins.... by deft · · Score: 5, Insightful

    all the people from LA.

    last time I saw that sort of hopeful thinking it was kobe and people saying he didnt cheat on his wife. And he did. We all love our heros, dont we?

    Well, heros are usually only good at the one thing they are touted for... im not asking kobe to fix my car for sure.

    With all the smart people around here, why would anyone think that a computer programmer is any less suceptible to violent acts than any other?

    I mean, is it just because computer geeks are well known as the most well adjusted people on the planet? :)

    --

    There's nothing Intelligent about Intelligent Design.
  26. Re:I can only hope by FishWithAHammer · · Score: 2, Insightful

    The object of justice is the dispassionate meting of a society-prescribed punishment. Vengeance and revenge never enter the equation; justice and vengeance are never the same.

    --
    "You can either have software quality or you can have pointer arithmetic, but you cannot have both at the same time."
  27. Re:Still could be innocent by flanksteak · · Score: 4, Insightful

    He may have had knowledge of the murder, and use that to reduce the sentence.

    I would be interested in your theories of how he could have had knowledge of the murder and not be guilty.

  28. Re:So how many "But he's still innocent"... by QuantumG · · Score: 4, Insightful

    OK, here's a serious answer: his guilt or innocence does not, in any way, change the fact that he was convicted on scant evidence.

    It's not the destination that matters, it's the journey. A broken system can send an innocent man to jail as easily as a guilty one.

    --
    How we know is more important than what we know.
  29. Re:I can only hope by Free+the+Cowards · · Score: 2, Insightful

    Fixed that for you. Being a decent person has very little to do with religion.

    But it has everything to do with not being a pompous asshole, and thus avoiding pompous asshole-like phrases such as "fixed that for you."

    --
    If you mod me Overrated, you are admitting that you have no penis.
  30. NOT GUILTY by twistah · · Score: 2, Funny

    This case is all based on circumstantial evidence. I mean, first we're convicting people based on the books they read, and now on the bodies they can find! FREE PAUL REISER!!

  31. Re:Why? by khallow · · Score: 2, Insightful

    Reduces the likelihood of appeals. They probably didn't want to risk have him walk out five years down the road because some loophole in the way evidence in the case was collected.

  32. wrong question by speedtux · · Score: 4, Insightful

    You're asking the wrong question.

    The question to ask is whether Reiser should have been convicted. At the time, I thought it was more likely than not that he had done it, but I also thought there wasn't enough physical evidence to convict him beyond a reasonable doubt.

    Of course, one can't know what exactly went through the jury's minds, so we should give them the benefit of the doubt. However, I do find it worrisome that several jurors basically said that they convicted him because they didn't like him.

    1. Re:wrong question by GoodNicksAreTaken · · Score: 2, Insightful

      I have to agree. We're all screwed if put in court because "normal" people don't like geeks. They don't fit social norms and that makes people uncomfortable. Being uncomfortable makes them want to get rid of us like Jews at a Klan rally (chalk me up for the Godwin's law point).

    2. Re:wrong question by Liquidrage · · Score: 3, Interesting

      The wife killing sociopath didn't come across as a normal geek. And despite what the parent stated not a single juror stated they convicted him because they didn't like him.

    3. Re:wrong question by Scrameustache · · Score: 5, Insightful

      I do find it worrisome that several jurors basically said that they convicted him because they didn't like him.

      Gut feelings, intuition, aren't just random whimsies, they can be your subconscious' way of communicating its' analysis of anothers' subconscious body language and uncontrollable facial subtleties.

      --

      You can't take the sky from me...

    4. Re:wrong question by dodongo · · Score: 3, Insightful

      This has been my single, begrudging damn point all along. *I* thought Reiser was guilty too, but despite following the court case closely (SFGate.com had liveblogging, basically), I felt D.A. Hora did a pretty miserable job of building a convincing case for *first degree murder* (of which Resier was convicted), which carries with it stipulations about things like premeditation. Hora never once came close to demonstrating, circumstantially or otherwise, that Hans Resier planned to murder his wife, much less that he killed her at all.

      Despite luckily ending up with the right decision, justice was not served by this trial; contempt for a sad, aloof, kinda-crazy man was the only social mechanism that really had its day in the sun.

    5. Re:wrong question by speedtux · · Score: 3, Insightful

      Gut feelings, intuition [myersbriggs.org], aren't just random whimsies, they can be your subconscious' way of communicating its' analysis of anothers' subconscious body language and uncontrollable facial subtleties.

      They can be. But they are (demonstrably) not reliable enough to convict someone.

    6. Re:wrong question by dodongo · · Score: 3, Interesting

      Actually, I've been quite willing to accept the circumstantial evidence as valid evidence that, in fact, Resier did commit the murder -- you'll notice I copped to that in the grandparent to this post.

      What I have an incredible amount of disdain for is the fact that there wasn't any circumstantial evidence that pointed to premeditation, which is a mandatory part of first degree murder in the state of California. You seem to be on the bandwagon that not only did Resier ostensibly commit the murder -- a point which I haven't really refuted, yet you evidently think I have -- but that he must have premeditated it. I'd like to ask you, for all the bungling of this crime that he did, where is the circumstantial evidence that indicates he planned the killing of Nina? Please, enlighten me.

      You say:

      "consider all the evidence which does point to him murdering him and the...none that points to him not having mudered her"

      But that doesn't constitute or imply premeditation.

      You say:

      "Seriously, what are the odds of all that stuff coming together with _no_ evidence that he _didn't_ kill her? We're talking lottery odds. And most criminal cases like this come down to odds, there's no camera and no witnesses."

      But that doesn't constitute or imply premeditation.

      And you say:

      "You just have to take all the evidence and come up with a percent likelihood that he didn't do it. In this case, that percent was diminishingly small."

      And I agree with you, the circumstantial evidence indicates that beyond a reasonable doubt he killed her. But it does not constitute or imply premeditation.

      So I'll admit, I'm totally trolling for an "I am a lawyer and here is your ass on a platter" response, but I do not appreciate your misrepresentation of my skepticism of the verdict. My qualms with the outcome extend solely to the realm in which the DA did NOT do an adequate job of accounting for the statutory requirements for a first degree murder conviction.

      To say it again completely, I believed all along Hans Resier killed his wife; I do not believe the evidence presented to the jury by the DA adequately accounted for the burden of proof that the murder of Nina Reiser was premeditated. My issue with the jury extends only to the degree of the crime, not the fact that he was found guilty of the crime. Sorry if that's too nuanced for you to grasp ;)

    7. Re:wrong question by dodongo · · Score: 3, Interesting

      Bless you for a thoughtful, documented reply. And agreed on the cost of lives ruined. I disagree with your normative argument that "Once murder is established, the burden *should be* on the defendent to prove it wasn't premeditated", emphasis mine... But perhaps we can agree that it may make sense that the DA's office is using the second degree plea bargain in order to recover the body due in part to their in ability to -- circumstantially or otherwise -- prove 'reflection and calculation' in the commission of the crime; to wit:

      "While first-degree premeditated murder and second-degree murder with express malice both require a purpose to kill, an individual cannot properly be convicted of first-degree murder if the murder was purposeful, yet without reflection and calculation." (p. 12)

      Moreover, the document notes that the only burden of proof the Defense has to offer in charges involving murder refers to 'the mitigating factor of provocation' which 'distinguishes murder from manslaughter' (p. 21). In other words, "premeditated murder includes both a purpose to kill as well as a preexisting reflection, second-degree murder with express malice only requires a purpose to kill. Thus, if the prosecution proves that the defendant purposefully killed, but does not prove premeditation,(93) the verdict
      should then be second-degree murder, not first-degree murder." (p. 11)

      So the burden of proof for murder is not that high (I have not said it is), but the burden of proof for reflection and consideration indeed is on the shoulders of the prosecution, no? And that proof of reflection and consideration is the primary differentiation between second-degree and first-degree murder. So, again, did D.A. Hora truly demonstrate reflection and consideration prior to the crime, or did he simply demonstrate a flailing, brilliant, antisocial software developer turned murderer? Methinks actions *after* the fact (hosing down the driveway, removing batteries from the cell phone, cleaning the car, ditching the seat) are not actions of a planned, contemplated murderer, but one of someone flailing about and trying to escape the consequences as best they can, ex post facto.

    8. Re:wrong question by menace3society · · Score: 2, Interesting

      They were books on murder investigation, not committal. He could easily play that up to say that he killed her in a fit of passion and afterwards tried to cover it up. That sort of explains the arrogance: he'd read the books, and figured he would be able to outsmart the police and the DA.

      Oddly enough, that seems to fit the evidence better than premeditation. If he'd killed her with malice aforethought, I'd imagine he'd have been able to dispose of the body without so much mess.

  33. Re:Still could be innocent by 2.7182 · · Score: 5, Funny

    Maybe he was angry with her because she was having an affair. He bought a gun out of anger, but didn't want to kill her. He goes home, to find her with her lover. In a struggle with the lover, the lover the lover wrests the gun from Hans. He's got the gun pointed at Hans, who reveals that his wife has in fact ANOTHER lover. In anger, the lover shoots Nina and flees. Hans has no idea who he was, and Nina dies sadly in his arms. The only way he can avoid blame for the murder (having just legally purchased the gun) is to bury Nina himself. In the end, Hans feels responsible for her death, having driven her away from him due to his obsession with work, and of course, the foolish decision to buy the guy. He sees only too late that he should forgiven her for such a minor human flaw, and if he had, then he would still be with her.

  34. Re:Whatever by metamatic · · Score: 3, Insightful

    I hope Hans Reiser can get a laptop with an internet connection so that he can continue his development of his great file system!

    Umm, I kinda doubt that's going to happen, can you imagine the response to his participating in discussion threads on kernel.org?

    For similar reasons, I kinda doubt he'll be returning to Slashdot. Or at least, not with his current login.

    --
    GCHQ Quantum Insert installed. If only our tongues were made of glass, how much more careful we would be when we speak
  35. Some people are better off dead. by Anonymous Coward · · Score: 3, Insightful

    I don't want to sound like I'm defending murder here, but not I nor you nor anyone else know what Nina did to make him kill her.

    Murder is illegal. That is a good thing. He got caught after killing someone, he pays the price. That is well and good.

    But I don't think we should be saying things like "evil" and "I hope he dies of AIDS in jail" until you know the facts of the situation, and what she did to make him kill her. Sure, maybe it was nothing, and he's just a psychopath - but maybe it was years of abuse, in which case I have quite a lot of difficulty blaming him completely.

    I've seen marriages so sick and dysfunctional I almost wish one of the parties would kill the other. Everyone's life would get better if one of them just did it. Some people lead such sick, disgraceful lives that I have little guilt in thinking the world would be better of without them in it.

    Killing someone because you want their money, or you don't like the colour of their skin, is a crime against humanity itself and anyone who does that's life is forfeit, in my opinion. But killing someone after they inflict years of mental abuse? The matter is far less black and white. Illegal, yes. Wrong, too .. maybe. Certainly not optimal. But evil?

    Some people have it coming. I'm not saying one way or the other here, OK. I don't know Mr Reiser, nor have I any emotional investment one way or the other. I just don't believe murder is always the heinous evil crime some might think. Sometimes, it's the wheel of karma turning. Sometimes, it's a public service.

    Of course, we don't know, and will likely never know, what caused the murder. But have we all decided anyway?

    Maybe Reiser is a sick psychopathic fuck who kills for kicks. Maybe Nina had it coming. Who knows? Not you or I. So let's lay off the fire and brimstone, what do you say?

    1. Re:Some people are better off dead. by tomhudson · · Score: 5, Insightful

      not I nor you nor anyone else know what Nina did to make him kill her.

      Unless she was pointing a gun at him and it was self-defense, there is *no* excuse.

      If a woman makes you angry, are you going to hit her?

      If she cheats on you, are you going to kill her?

      Will you give her the same rights in return? How about if she just cuts your pecker off instead and feeds it to the dog?

      How about if it's your kids? If they don't listen to you, are you going to wack them to "teach them a lesson"?

      It's called murder because it wasn't justified. Blaming the victim is just fucked up.

    2. Re:Some people are better off dead. by blackpaw · · Score: 3, Insightful

      Actually women have been using the "he drove me to it" defence for murdering their husbands quite successfully for years.

    3. Re:Some people are better off dead. by Anonymous Coward · · Score: 2, Insightful

      You are blinded by your conditioning.

      Abuse is abuse. It's case by case. Physical or emotional, it's abuse, and over time it adds up.

      There are plenty of bastards killed every year by their battered wives who finally snapped at their abuse and just killed the sons of bitches. We let them off with manslaughter, suspended sentences, or don't charge them at all.

      Those men had it coming. I don't shed a single fucking tear.

      But you seem to say that just because of their gender, a woman can never, ever have it coming?

      Bullshit. Women can be just as abusive, just as evil, as men. And just because abuse isn't physical doesn't mean it doesn't do long term damage - and gradually built up into an explosive finale.

      Have some imagination, why don't you. If one of your guy friends is a prick to you, again and again and again, eventually you might just punch him - and rightly so. But you're saying there is nothing, literally nothing at all, that could possibly warrant the same for a woman, beyond her threatening him with a gun?

      Women are humans with all the same possibilities for good and bad behaviour. Some guys are such living breathing shits that they deserve to just be shot. And if you can't imagine that there are also women who deserve the same, you're just an easily-swayed fool, brainwashed by political correctness that women are somehow immune for any consequence of their actions.

      You have double standards, and shame on you.

    4. Re:Some people are better off dead. by Guppy06 · · Score: 5, Insightful

      "Maybe Nina had it coming."

      Maybe he made her make him kill her.

      Maybe she made him make mer make him kill her.

      Maybe he made hr make him make her make him kill her.

      No, fuck you, a line has to be drawn, and it's drawn at the point where you fucking kill someone.

    5. Re:Some people are better off dead. by jjohnson · · Score: 5, Insightful

      make him kill her

      Stop right there. There is no such thing as "making X kill Y". Reiser always had other options than murder, and phrasing it as "she made him do it to her" is blaming the victim for the actions of a murderer.

      So let's lay off the fire and brimstone, what do you say?

      No, let's not lay off. Vast numbers of other people extricate themselves from fucked up situations like Reiser's without resorting to murder. Vast numbers of people don't get into fucked up situations like Reiser's because they see problems developing and deal with them rather than hiding behind a geek badge that reads "proud to be aspie". Vast numbers of people suffer through their problems and don't brutally murder someone, hide their body, maintain their innocence in court, and then use their knowledge of their crime to get a reduced sentence for something they're totally, 100% guilty of.

      I don't want to sound like I'm defending murder here

      Well, you do.

      --
      Anyone who loves or hates any language, platform, or manufacturer, doesn't know what they're talking about.
    6. Re:Some people are better off dead. by Alascom · · Score: 5, Insightful

      >Who knows? Not you or I. So let's lay off the fire and brimstone, what do you say?

      Lay off? He murdered a woman! There is NO excuse for murdering someone... ever.. He didn't kill her, he MURDERED her! Soldiers on the battlefield kill, people who work on death row kill, doctors who administer euthanasia kill... Hans MURDERED her. The evil and selfishness of a person who would murder another, just to make their own life a little bit easier, can never be justified.

      Sometimes, things really are black and white, right and wrong, evil and good.

    7. Re:Some people are better off dead. by that+IT+girl · · Score: 2, Insightful

      Absolutely. Thank you for being so straightforward about it. Political correctness gets ridiculous when it says we shouldn't call a murderer a murderer. He is what he is, and I personally hope he gets much more than 15 years.

      --
      10 FILL MUG WITH COFFEE
      20 DRINK COFFEE
      30 GOTO 10
    8. Re:Some people are better off dead. by Daimanta · · Score: 3, Interesting

      "Soldiers on the battlefield kill, people who work on death row kill, doctors who administer euthanasia kill... Hans MURDERED her."

      I don't see the difference between killing and murdering. Soldier murder. People who work on death row murder. You end someones live because you think it is just. The soldiers justify their actions by claiming the enemy is evil. The people who work on death row justify their actions by claiming the person they will kill is evil.

      What if Hans Reiser has the idea that his wife is evil? Does that make him someone who kills instead of murders?

      --
      Knowledge is power. Knowledge shared is power lost.
    9. Re:Some people are better off dead. by Guppy06 · · Score: 2, Insightful

      "I think the GP was just saying that until we know the intimate details (which probably nobody does except Hans now), we shouldn't make a moral judgment so quickly."

      Pop quiz: which one of the two did something that deliberately resulted in the death of another person?

  36. Re:I can only hope by Your.Master · · Score: 4, Insightful

    "We'll become monsters too" is not at all based on Christian morality, although it doesn't contradict it either. It's entirely orthogonal (I'm an atheist).

    http://en.wikipedia.org/wiki/Justice

    Apparently you are a hardcore retributivist. I'm closest to a utilitarian by this scale.

    Torturing him doesn't really help anything and is just an asshole manouevre. In my opinion, it's not that one becomes a monster by torturing another, it's that one already is a monster for wanting to torture.

    I'm not happy for Hans Reiser's suffering. I'm happy to prevent him from causing any more suffering, and in all fairness, if somebody has to suffer it should be the one who forced the issue.

  37. Re:The Ends Justify the Means by capnkr · · Score: 2, Interesting

    Are the quotes in your post put their in order to signify that those are exact words spoken by Reiser?
    Or are those words simply representative of some supposition (yours or anothers...) about what Reiser may have been thinking?

    If those words were spoken or written by Reiser, do you have the cites? If not, would you clarify that?

    Just wondering. This has been an interesting case to follow, but I don't recall reading that he said those things, and would be interested in the facts, purely out of curiosity in the bizarre...

    --
    "...there are some things that can beat smartness and foresight. Awkwardness and stupidity can." ~ Mark Twain
  38. Re:Still could be innocent by flanksteak · · Score: 5, Funny

    Was Fabio on the cover of this book?

  39. Clarification. by palegray.net · · Score: 4, Informative
    Excerpt from the CBS5 article:

    As part of the deal that was discussed, CBS News learned that Reiser's mandated sentence of 25 years to life sentence could be cut to 15 years to life. Such an agreement would entail a judge allowing Reiser's conviction to be reduced to second-degree murder.

    Emphasis is mine. It's not guaranteed that he'll get a reduced sentence.

    1. Re:Clarification. by Keen+Anthony · · Score: 3, Interesting

      Right, there's no guarantee his sentence will be reduced, but he's hoping for it, and you can be sure his attorney at least thought to negotiate for it.

      To answer the parent, the reason the court might reduce a sentence is because recovering the body provides closure, both to the family of the victim and to society as a whole; so the ideal situation is that we can give the victim a proper burial.

  40. still plenty of doubts about conviction by Anonymous Coward · · Score: 5, Insightful

    I think the conviction (first degree murder, i.e. preplanned) is still ridiculous. The evidence for preplanning was very weak. Part of it was that Hans bought a book about murder investigations--but he bought it AFTER Nina's disappearance. You'd think someone planning a murder and wanting to foil an investigation would buy the book BEFORE doing the deed. Another part was that he removed his cell phone battery to avoid being tracked--again AFTER the disappearance. I've been neutral about Hans's possible innocence (60% of Wired Magazine readers in a survey thought he was innocent) but I always thought the premeditation charge was ridiculous. If it was preplanned there are a million less crazy ways he could have done it, such as hiring professionals from Russia or at least making better arrangements to get rid of the body far away. I've felt it more plausible that he lost self-control in the heat of an argument, found himself with a dead wife and a potential giant heap of trouble, and then, after the fact, decided (unsuccessfully) to try to outrun/outsmart the police. That would be second degree murder rather than first, if I remember my Perry Mason reruns.

    1. Re:still plenty of doubts about conviction by QuantumG · · Score: 4, Informative

      Umm no. It was part of the DA's case that Hans moved the body. So he likely bought the book to figure out how best to hide the body.

      --
      How we know is more important than what we know.
    2. Re:still plenty of doubts about conviction by burris · · Score: 5, Informative

      The term in California is "premeditated" and all that means is that the defendant thought about killing their victim and had time to reflect on that before actually killing them. There doesn't need to be a plan for the murder itself but that would provide very solid evidence of premeditation. When you add up a nasty divorce, the delinquent child support payments, the dispute over custody that led to Nina dropping off the kids at his Mothers house on the long weekend when his mother was going to be out of town, the constant stream vitriol towards Nina coming from Hans before Nina's murder and during the trial, the phone call where Hans basically said he was glad Nina was gone, etc... He compared Nina to the Nazis in an e-mail to her. The jury reasonably concluded that he must have thought about killing her at some point during the long divorce.

    3. Re:still plenty of doubts about conviction by MushMouth · · Score: 2, Insightful

      This was covered by an interview with a juror. She said the evidence pointing to premeditation was that Reiser stopped using his visa card, switching to cash only transactions in the weeks before the killing, as well as some pressure on a city councilwoman concerning his custody battle. While he may have given explanations for those, he pretty much lost the jury with the whole of his unbelievable testimony.

  41. Re:Still could be innocent by The+Iso · · Score: 5, Funny

    If I were separated from my wife and bound by a restraining order, and she was having sex with her new lover IN MY HOUSE, I would probably kill her, too.

    --
    "You don't need a weatherman to know which way the wind blows." - Bob Dylan
  42. Jokes in bad taste by RudeIota · · Score: 5, Funny
    After his relationship became fragmented Resier rm'oved his wife by forking her to death and packed her tail in a shallow grave he allocated in the dirt near some trees. He was almost unlinked to the case, but he really fsck'd up afterward, because the fool wrote all the details of the murder in his journal!

    After being out-of-order in court, he spilled the encryptic details about where his wife was stored and from there on, the jury knew he was corrupted. Strangely enough, due to his cooperation, officials didn't even have to raid his home...

    You know what though...? inode he was a criminal all along.

    There, I'm glad to have gotten that out of my system.

    --
    Fact: Everything I say is fiction.
  43. Re:Epic fail by caller9 · · Score: 4, Interesting

    I just thought of something. Maybe he thought his nerd fame carried some weight "on the street." To put it as nerdily as I can, the union of the set of people who care about a filesystem and the legal system is an empty set.

  44. Re:I hope he gets to make Ext4 from jail by Darinbob · · Score: 2, Funny

    No, part of his punishment should be being forced to maintain a file system that he feels is inferior.

  45. 15 to *LIFE*, people... by Frosty+Piss · · Score: 3, Informative

    Oh, come off it ... there was no reasonable doubt. Doubt that isn't reasonable isn't sufficient to let him walk, and the *jury* - not the prosecutor - got it right.

    What's interesting is comparing the comments in this thread with pre-body, both pre and post conviction. The vast majority here felt that the murderer Reiser was being "railroaded" and there was reasonable explanations for everything and that it was perfectly believable that his wife had fled to Russia, and so on... Now it seems the majority have always thought he was guilty as Hell? Good grief!

    Also, I keep hearing he made a deal for 15 years? Not so. It's 15 years to life . What this means is that MAYBE he gets out in 15, but he'll spend AT LEAST 15.

    --
    If you want news from today, you have to come back tomorrow.
    1. Re:15 to *LIFE*, people... by Kattspya · · Score: 2, Informative

      I never get complaints like yours. The reason "everyone" now thinks he was guilty is because most of those who thought he was innocent will refrain from posting.

      Create a thread in a forum with a large population and ask about penis size. You'll find that the mean length in the forums _greatly_ exceeds the known mean and I don't even think there is much exaggeration but mostly selection bias and of course some out right lies.

  46. Re:I guess this means he falls under the messy typ by arth1 · · Score: 5, Insightful

    There are two archetypes of nerds, which oddly parallel serial killer archetypes: disorganized and spontaneously creative vs organized and methodically calculating.

    The urge to divide everything into two -- black or white, friend or enemy, capitalism or communism, christian or heathen, disorganized or organized -- is a recognized mental oddity.

    In most cases, there is not only a sliding scale (or shades of grey, if you like), but multiple axes.

    That we so easily try place things in a two-bin system might be because it makes it easier for us to make decisions.

    Hans Reiser is an odd man out in many ways, but can't be explained this easily. He's not just a disorganized person. He's a complex person. And if you'd ever talked to him, you'd know that in some things he is meticulously organized, while in others, not. Binning him like you did seems silly, but if it makes it easier for you to deal with, hey, whatever sinks your bathyscaphe.

  47. Re:Epic fail by caller9 · · Score: 3, Interesting

    Well crap, I meant intersection. I fail at discrete math. Note to self - don't kill ppl with plans based on set theory or discrete branching algorithms.

  48. Re:The Ends Justify the Means by tomhudson · · Score: 2, Insightful

    His actions in court made it pretty obvious what he thought of the jurors.

    Try sitting as a juror on a murder trial - it's quite an experience, not at all like on TV.

    The man believed he could con everyone. He forgot that even the most brilliant people make mistakes, as well as that his own perspective may be untrustworthy.

    Of course, when you're so full of yourself as he was, it makes it easier to "justify" killing someone else, since they aren't as "worthy" as you are.

    Some people have said he's disturbed. No - he's just a conceited scumbag who has no empathy for others, and let his ego get the better of him, a la OJ Simpson.

  49. Re:Whatever by tomhudson · · Score: 3, Insightful

    None of that justifies killing her. Only someone with an over-inflated ego would think otherwise.

    Also, she had gone out and gotten herself a decent job to support herself and their children. Sounds like a responsible mother to most of us.

    Plus in the end, his filesystem ends up a dead end because it's now unsupported.

  50. Re:Still could be innocent by Anonymous Coward · · Score: 5, Funny

    Remember to enable soft updates before executing this plan.

  51. Oh Great... by MacOSXHead · · Score: 2, Insightful

    Murder your wife and get a reduced sentence for showing authorities where the body of the dead mother of your children are?

    15 years for murder?

    This is insane. He should get life. Period.

    I hope his children are kept safely away from him.

    1. Re:Oh Great... by Dmala · · Score: 2, Insightful

      Keep in mind that it's 15-to-life. He's eligible for parole in 15 years, but that doesn't necessarily mean they'll let him go. Given the vicious and cold blooded nature of his crime, I'd be surprised if they don't keep him a lot longer than 15. Also, I've got to think that a skinny, white, computer geek with poor social skills is going to do some *very* hard time. I suspect even 15 years is going to seem like a very long time for him.

    2. Re:Oh Great... by MrHanky · · Score: 2, Interesting

      So what? Extremely few murderers are repeat offenders. Drunk drivers, on the other hand, or drug users, thieves, etc., should, if your point was valid at all, be locked up for life. No, your point is just a strawman so that you don't have to argue your actual point of view, which is pure, common vindictiveness.

      Law, however, isn't about revenge.

  52. Re:Still could be innocent by jmahler · · Score: 5, Insightful

    While there ARE certainly plausible ways that he could have been not guilty AND known where the body is, I would imagine that if he was innocent and knew where the body was that he would, oh, I don't know.... maybe.... CALL THE POLICE AS SOON AS HE KNEW WHERE THE BODY OF HIS DEAD WIFE WAS.

    I mean, if it was me, I'd be trying to find all of the evidence to clear my name that I could - and if I hadn't done the killing, you better believe I'd be demanding the police go all CSI on her body and the crime scene before we even get to the point of me being arrested. The fact that he knew where the body was and kept quiet is an indicator to me of intent.

    And while indicative of intent, it is not further proof of his guilt. At least it DOES bring closure to the family of the deceased.

  53. Who the hell modded parent down? by greenguy · · Score: 4, Insightful

    This AC is spot-on. I wouldn't go so far as say we need to raise money, but I do think Slashdotters should be aware that if they ever stumble across Hans and Nina's kids, they deserve a little extra consideration.

    --
    What if I do the same thing, and I do get different results?
  54. Re:I can only hope by One+Childish+N00b · · Score: 5, Insightful

    Why doesn't he deserve that?

    Gandhi? "An eye for an eye makes the whole world blind"? We are not barbarians.

    The punishment is the prison time, not rape, let along the long, drawn-out suffering that is an AIDS death. Yes he's a terrible person for having killed his wife, yes he should be punished and no the 15 years he's getting probably isn't enough for someone who can kill their wife and then calculatingly lie to the police and a jury about it for so long. That doesn't mean he deserves to be raped. At the very least it's mob justice, and the reason we have courts to hand out punishment instead.

    The sick individuals gloating at the idea of anyone being raped are no better than the people they wish it upon.

    --
    Dealing with lawyers would be a lot less tedious if they all looked like Casey Novak.
  55. Re:I hear that by flajann · · Score: 3, Insightful

    Don't be so hard on the man, until you yourself go through a bitter divorce! Believe me, he already got his...which is why he probably did it.

  56. Google Maps anyone? by nukeade · · Score: 5, Interesting

    From the article, the location where he dumped Nina must be approximately here:

    http://maps.google.com/maps?q=37.833531,-122.182109

    ~Ben

  57. Re:Still could be innocent by vought · · Score: 5, Insightful

    If I were separated from my wife and bound by a restraining order, and she was having sex with her new lover IN MY HOUSE, I would probably kill her, too.

    And if you admitted as much to the cops, and testified to such in court, the district attorney would likely seek no more than manslaughter.

    Crimes committed in the heat of passion, when the murderer is truthful with the police and penitent, aren't always prosecuted as a capital crime. To do so costs the state much more.

    Hans Reiser insisted on lying about every aspect of the disappearance of Nina Reiser from the moment he was questioned by police. The DA had no choice but to prosecute it as a murder case - and given the facts in evidence, he was convicted because he made a lot of stupid mistakes - typical for someone who commits a crime of passion and then thinks they can cover it up because they're so much smarter than the 'average bear'.

    If Reiser had even pled guilty and recanted his story after lying to the police and being arraigned for murder, he might have gotten off with a much lighter sentence for murder. But he waited until the sentencing phase, after he'd lied to the court.

    No, Hans was so much smarter than everyone else. Now he's going to go to prison for 15-to-life - and lying to the court as Reiser did means his parole hearings aren't going to go well for him, if he even survives 15 years in prison.

  58. Oblig. Simpsons ref. by mfnickster · · Score: 5, Funny

    If Reiser was less of an asshole during his trial he would have literally gotten away with murder

    Yes, I remember it well... particularly when he jumped up and shouted:

    "It's chowdah! CHOWDAH!! Say it RIGHT!!!"

    "I'll kill you-- I'll kill all of you, especially those of you in the jury!!!"

    --
    "Slow down, Cowboy! It has been 3 years, 7 months and 26 days since you last successfully posted a comment."
  59. Re:Still could be innocent by Anonymous Coward · · Score: 5, Insightful

    Only on fucking slashdot does the one guy who offers a rational opinion NOT get modded up. So far the first page of comments is mostly jokes and inane - "I'd murder the bitch too" remarks - all getting modded up.

    Assholes, this is a real person with a real family, not some fucking Manga or Anime or video game.

  60. Re:Still could be innocent by Nar+Matteru · · Score: 5, Insightful

    This doesn't prove he's guilty. He may have had knowledge of the murder, and use that to reduce the sentence. I still have faith that the real story will come out.

    He is the O .J. Simpson of nerds. We can't believe he's guilty because he's one of us.

  61. Re:I guess this means he falls under the messy typ by CDMA_Demo · · Score: 2, Informative

    The M.O. he demonstrated in the crime indicates the disorganized type.

    You want to delve into psychopath vs. sociopath types here. Psychopaths are the calculating, detail oriented types (who usually get away with crimes), and their goal is to end up in a position of authority (aim to become Judges/Surgeons or Militarymen etc. where they can decide fate of others). Sociopaths on the other hand plan less meticulously, more prone to jumping from one crime to another, like say a psychopath with ADD.

  62. Re:I can only hope by GaryPatterson · · Score: 4, Insightful

    I'm not a Christian. I don't believe in forgiveness nor do I believe in rebirth. But I do believe in revenge.

    Can you give one reason outside of Christian morality that this man shouldn't be tortured? Please note that the "he might be innocent" excuse just walked out of the door. And don't use the "we'll become monsters too" excuse because it is based on Christian morality (because there is nothing special about humanity).

    The concept of justice requires him to be tortured and executed.

    I'm an atheist, but I can give you some excellent reasons.

    You will debase the people who carry out the punishment. It's lovely that *you* want someone tortured and executed. What about the person who has to carry out that act? What happens to them, year after year as they carry out revenge killings to make people like you happy?

    You know what happens to them. They go insane and are themselves tortured. You commit a further crime by making someone torture another person. Do you know what most societies do to those who order the torturing?

    Another excellent reason is that making this person suffer isn't impartial justice, it's emotional retribution. It has nothing to do with *why* we have a legal system. In fact, the legal system is partly created to stop this sort of thing happening. We don't want revenge killings and mob justice. We want fairness and impartiality in punishment. And why is that?

    Well, sometimes the courts get it wrong. It happened a lot before blood typing and DNA evidence, and still happens today.

    How do you recompense someone you tortured and killed when you made a mistake, or when people in the system manipulate evidence to ensure a guilty verdict?

    In your retributive world, you'd have to torture and kill members of the bar, the police, the DA and maybe even the jury.

    No, I'll stick with a world where there's an impartial, rational legal system, thanks very much. You can keep your torture fantasies to yourself.

  63. Re:Still could be innocent by TooMuchToDo · · Score: 3, Interesting

    I have no idea why you were marked Troll. In Italy, this is called "a crime of passion", and permitted in certain circumstances (not that I condone it).

  64. Re:So how many "But he's still innocent"... by QuantumG · · Score: 2, Interesting

    No, dude, it didn't. He didn't need to explain his behavior. The only reason why his testimony was the final nail in his coffin is because the jury care more about how eloquent he is compared to the DA or his lawyer or the judge. That's wrong. That shouldn't be an issue. It's just like if he was convicted because he was black or because he had a nose ring. The evidence is all that should matter and he should have walked free simply because the police should not have arrested him until they had found the body or even some good evidence - "suspicious behavior" should not be enough. The justice system dodged a bullet here.

    --
    How we know is more important than what we know.
  65. reduced sentence? by Loconut1389 · · Score: 2, Insightful

    What I really don't understand is he gets to hold her location out like a trophy and then his reward is a better sentence? He did the time, he was convicted, who gives a rats ass if he lead them to the body (sentence wise). Were they afraid of an appeal? Or is just giving the closure to the family somehow outweighing him being in jail longer?

    1. Re:reduced sentence? by Dmala · · Score: 2, Insightful

      Also keep in mind that his sentence is not necessarily any shorter. He gets to go before the parole board ten years sooner, but that doesn't necessarily mean they'll just let him go. A gangbanger who's in for killing a rival gang member can get rid of his tats, get his GED, take job skills courses, and prove that he's ready to be a productive member of society. I think Hans will have a much harder time proving to the parole board that he's not a danger to society.

  66. Re:Still could be innocent by Frosty+Piss · · Score: 2, Interesting

    Nina got in the way of Hans' incredibly HUGE ego. It's that simple, very little "pop" psychology needed.

    --
    If you want news from today, you have to come back tomorrow.
  67. Re:Still could be innocent by Anonymous Coward · · Score: 2, Funny

    He is the O .J. Simpson of nerds. We can't believe he's guilty because he's one of us.

    "IF I did not do it", a replay

  68. Re:Still could be innocent by markov_chain · · Score: 3, Funny

    Ohyes oh yes oh yes oh yes

    They both reached for the gun!

    --
    Tsunami -- You can't bring a good wave down!
  69. Re:Still could be innocent by jmahler · · Score: 5, Insightful

    Or worse, we don't care if he's guilty because he's one of us.

    I'm all for innocent-until-proven, believe me - but he's been PROVEN guilty at this point. Clinging to an idea of his innocence is a weird sort of cognitive dissonance I can't get behind.

  70. Re:I guess this means he falls under the messy typ by Anonymous Coward · · Score: 5, Funny

    The urge to divide everything into two -- black or white, friend or enemy, capitalism or communism, christian or heathen, disorganized or organized -- is a recognized mental oddity.

    In most cases, there is not only a sliding scale (or shades of grey, if you like), but multiple axes.

    So there are people who divide everything into two, and those who do not?

  71. Re:Still could be innocent by DustyShadow · · Score: 2, Interesting

    Isn't the manslaughter vs. murder decision usually given to the jury?

  72. Re:Still could be innocent by Profane+MuthaFucka · · Score: 4, Funny

    Instead of that, try making ReiserFS NOT a total piece of crap. It sucked, and it always has. Reiser was a huge abusive turd, and so are his fans.

    Now THAT's how to start a flamewar. Amateur.

    --
    Fascism trolls keeping me up every night. When I starts a preachin', he HITS ME WITH HIS REICH!
  73. Re:Still could be innocent by Cecil · · Score: 4, Informative

    Only if that's how the prosecutor decides to handle it, usually because they aren't confident that they have convinced the jury of premeditation, for example. Then they get the judge to instruct the jury that they may find the defendant guilty of the lesser charge if they think it is applicable, but the stronger charge is not.

    The prosecutor can also decide to only attempt to prove manslaughter, whether as part of a plea bargain or for any other reason.

  74. Re:Still could be innocent by Profane+MuthaFucka · · Score: 2, Funny
    --
    Fascism trolls keeping me up every night. When I starts a preachin', he HITS ME WITH HIS REICH!
  75. Re:I hear that by blind+biker · · Score: 3, Insightful

    (by the way, I am a divorcee. Just for the record.)

    I have never understood, and as time goes by, I become aware of how alien the mind of a murderer is to me. I am almost 40 and have seen and experienced many things in my life. I still don't get how can someone cross that red line - and take someone's life.

    But apparently, I am a minority. You, for instance, seem to be able to cross that line? Or maybe you were just very cavalier in your wording?

    Anyhow, the mind of a murderer is something I can not understand. I can get angry, sure, but to resort to violence, or worse, to have someone's life on my conscience, that's just unfathomable for me.

    --
    "The agriculture ministry is not in charge of Gundam" - Japanese ministry official.
  76. Re:I guess this means he falls under the messy typ by mickeyhill · · Score: 2, Funny

    In most cases, there is not only a sliding scale (or shades of grey, if you like), but multiple axes.

    He used axes? I thought he shot her.

  77. Re:circumstantial going too far by atraintocry · · Score: 2, Interesting

    I think that for the cases where the Innocence Project gets involved, the problem is not the existence of circumstantial evidence, but that even then the evidence turns out to be highly lacking, highly suspicious, or both.

    That said, the one time I had to show up for jury duty, I wasn't chosen, for saying something like that. After being asked if I felt comfortable handing out a guilty verdict in this particular criminal case, I said "I guess it depends on the evidence". This was my honest response and not a wisecrack. The judge was sort of annoyed and told me that in our state, jurors are instructed to weigh testimony equally with physical evidence. I said something about not being sure I could do that. I was not invited to sit on that jury.

  78. Re:I guess this means he falls under the messy typ by ari_j · · Score: 3, Funny

    There are only two types of people in the world: Those who see gray areas and those who only see black and white.

  79. Re:I can only hope by Mr2001 · · Score: 4, Insightful

    The punishment is the prison time, not rape, let along the long, drawn-out suffering that is an AIDS death. Yes he's a terrible person for having killed his wife, yes he should be punished and no the 15 years he's getting probably isn't enough for someone who can kill their wife and then calculatingly lie to the police and a jury about it for so long. That doesn't mean he deserves to be raped.

    No one "deserves" to suffer at all as payback for committing a crime. Punishment for punishment's sake is barbaric and has no place in a civilized legal system.

    That doesn't mean no one should be sentenced, of course. But the purpose of any sentence should be to prevent the criminal from reoffending (either by rehabilitating him or just by keeping him off the street), to make him compensate the victim (when possible, which it isn't in this case), and to provide a deterrent to other would-be criminals, not to take revenge on him for being a bad boy.

    Now, it's true that the sentence has to be undesirable for it to work as an effective deterrent, but really, prison is undesirable enough on its own. You don't need to throw in the threat of prison rape or violence; the thought of being locked up for a few decades is enough to deter any rational person, and an irrational one won't be deterred by anything.

    --
    Visual IRC: Fast. Powerful. Free.
  80. Re:Northy or Southy? by Anonymous Coward · · Score: 4, Funny

    Hans has a black belt in judo, he'll survive better than another nerd might.

  81. Re:Still could be innocent by Zontar+The+Mindless · · Score: 2, Funny

    IOW: Occam, meet razor.

    --
    Il n'y a pas de Planet B.
  82. Re:I hear that by R2.0 · · Score: 4, Insightful

    "Don't be so hard on the man, until you yourself go through a bitter divorce!"

    Yeah, because bitter divorces overwhelmingly lead to murder.

    Wait...they don't? The vast majority of people involved in bitter divorces simply go on with their lives with some varying degree of contact with their ex spouse? That's impossible! That would mean that Hans Reiser is simply a murderer! That just can't be!

    --
    "As God is my witness, I thought turkeys could fly." A. Carlson
  83. Re:Have to repent for the sin... by goodmanj · · Score: 3, Interesting

    Hold the innocent with standards longer than the guilty with nothing other than wanting to save their own ass.

    No, the idea is that the innocent are acquitted at trial, and are not held at all. The moment the judge reads the guilty verdict, the system switches from a presumption of innocence to a presumption of guilt. The penal system is concerned only with your punishment and correction. It has to be this way: if we treated every prisoner as a possible innocent, we'd have to let 'em all go free, or give them an endless series of new trials on demand. Unlike the *court* system, the *penal* system must proceed from a presumption of guilt, or it's useless. Useless as a deterrent, useless as rehabilitation, useless as incarceration.

    Of course, there *are* innocent people in jail. But your problem is not with the penal system, it's with a trial system that occasionally imprisons innocents. No doubt that's a problem, but you're shooting at the wrong target.

  84. Re:Still could be innocent by kjots · · Score: 5, Insightful

    This doesn't prove he's guilty. He may have had knowledge of the murder, and use that to reduce the sentence. I still have faith that the real story will come out.

    Yeah, because the "I didn't do it but I know where the body is buried" argument will look so good on appeal.

    I will refrain from calling you "Jackass" on the basis that you are taking the piss.

  85. Re:I hear that by RightSaidFred99 · · Score: 2, Insightful
    Oh fuck off. Let's even forget his wife and assume she was a horrible person (I don't know this and am just saying it for argument). As someone else said - look what this lowlife piece of shit did to his kids. No father. No mother. Trauma for the rest of their lives.

    I hope he is brutalized in prison. Brutalized and savaged.

  86. Re:Still could be innocent by Tekoneiric · · Score: 2, Insightful

    Why kill her? Why not just join them. :)

    --
    *It's not what you can do for the Dark Side but what the Dark Side can do for you!*
  87. Re:I guess this means he falls under the messy typ by jaminJay · · Score: 2, Insightful

    There are two kinds of people:

    1. Those who like to pidgeon-hole; and
    2. ???
    3. Profit.

    All those that make generalisations ought to be shot.

    --
    Leela: "Is all the work done by children?" Alien: "No, not the whipping."
  88. Re:Still could be innocent by Anonymous Coward · · Score: 5, Informative

    In a US Criminal court the answer would be: Rarely. Like maybe if the judge and defense attorney were both asleep kind of Rarely.

    A jury given the choice between a greater charge and a lesser charge will almost always convict on the lesser charge. Both when conviction on the greater charge may be more appropriate AND when returning a not guilty verdict may be more appropriate. To the point where a DA with a weak case would LOVE to be able to give the jury a 'middle ground' to compromise on. This is clearly prejudicial to the cause of justice.

    Not to say it doesn't happen but usually a lesser charge will be dismissed in pretrial motions.

  89. Re:Still could be innocent by Anonymous Coward · · Score: 4, Funny

    No, Hans was so much smarter than everyone else. Now he's going to go to prison for 15-to-life - and lying to the court as Reiser did means his parole hearings aren't going to go well for him, if he even survives 15 years in prison.

    So sad. I wonder if they'll make him serve his time in the superblock?

  90. Re:circumstantial going too far by TheLink · · Score: 2, Insightful

    "jurors are instructed to weigh testimony equally with physical evidence"

    Equally? Wow. I don't trust most people to remember things right - there are so many people out there where when they don't know stuff their brain makes things up AND they don't know they are making things up. They actually believe what they are saying is true. I know so many people who are unreliable that way (they may be reliable and competent in other ways).

    To me testimony has very very low weight unless backed by physical evidence. Or backed by evidence that the person testifying is likely to be telling truth - the sort of person with good memory, pays attention to detail, has integrity and an obsession for telling the truth (e.g. if they murdered somebody and were asked if they did, they'd rather admit to it than tell a lie).

    I've had enough evidence over the years that most people's brains and consciences don't work well enough for me to risk some accused person's life on their "testimony".

    Physical evidence in itself often isn't good enough to know what happened - it depends on what the evidence is.

    Basically if a video recording shows A shooting B, and witnesses who aren't aware of what the video camera said (and thus aren't biased) are also sure that A shot B. Then I'll believe A shot B. But whether A shot B _first_ (which would be interesting for a "self defense" excuse), that could be hard to tell just from witnesses (forensics could help - if the B's gun was not fired recently, then A shot B first).

    --
  91. Re:Still could be innocent by The+Bender · · Score: 5, Funny

    You might be wanting the "Post Anonymously" button there, dude...

  92. Re:Still could be innocent by ShakaUVM · · Score: 5, Insightful

    >>I'm all for innocent-until-proven, believe me - but he's been PROVEN guilty at this point. Clinging to an idea of his innocence is a weird sort of cognitive dissonance I can't get behind.

    Yeah, in the previous Slashdot articles on this case, it was bizarre watching people defend him simply because he wrote a filesystem that some of us use. You're right, it is cognitive dissonance, as the human brain has trouble putting a person in two different boxes for Good and Bad.

    Of course, now that he's admittedly guilty, a different mental mechanism will come into play, and half his defenders will post on here that they thought he was guilty all along, and what's weirder, they will actually believe it. Dunno what that phenomena is called - maybe it could be called a false memory.

  93. Re:Northy or Southy? by johnny+cashed · · Score: 3, Funny

    Hans has a black belt in judo, he'll survive better than another nerd might.

    I'm sure a black belt in judo is the surest way to a gang raping in prison. Come on, it's judo. We're talking about prison.

  94. Will the FLOSS community handle this? by Pathway · · Score: 3, Interesting

    Note: I have not been keeping up on the Hans Reiser case, nor have I read the attached articles nor comments.

    So, this kind of brings up a question on how the FLOSS community will handle things in a different situation.

    Let's say Hans gets out in 7 years (Good behavior and all that), and returns to write code, and begins working on Reiser FS version 5. His code is tight, the file system performs fantastically, self heals, does not fragment files, washes the dishes, cleans the clothes, makes coffee... but it's code from a known felon.

    The question is, can the FLOSS community recognize good code from a person who has done bad things? Or will his previous actions dictate what we think of him and any product he creates?

    I hope we can accept the good with the bad. Some people probably will hate Hans forever, and will never accept anything which has his code (let alone anything with his name on it). Others will not care, and will use the code if it fits their needs.

    We shall see.

    1. Re:Will the FLOSS community handle this? by Opportunist · · Score: 4, Insightful

      Well, I can't speak for the FOSS community, but for myself: I can.

      I don't really care what he did to his wife. It's first of all none of my business and it doesn't affect me. I don't care what someone does in his spare time if his code is good. Yes, it's a pragmatic approach.

      Actually, if he started putting backdoors into the filesystem or created an elaborate scheme to rip the users of his software off, the crime would much rather turn me away from his software than the murder of his wife. Mostly because it does affect me.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
  95. Also by Sycraft-fu · · Score: 5, Interesting

    What people seem to forget is that while any one of these things doesn't mean anything by itself, they add up to a bigger picture. People keep trying to deconstruct individual facts. That's not how it works at trial. It isn't a case of "every fact must prove, on it's own, that this happened." They are all considered together. So while there is reasonable doubt for a given fact, there's not when they are all presented together. For example, suppose that someone claims I stole their laptop. They didn't actually see me take it and I don't currently have it, however the following is known:

    --I was the last person seen in the area of the laptop before it was discovered missing.
    --I had no reason to be in that area, and can offer no plausible reason as to why I was.
    --There were security cameras in the area, however I moved in such a way to always avoid their lines of sight.
    --My fingerprints were found around the area where the laptop was prior to going missing.
    --I was was observed carrying a small box, that would hold a laptop from my car back to my house, after leaving the area.
    --I suddenly have an amount of cash consistent with the sale of such a laptop that I can provide no plausible way for getting.
    --I am discovered to have books on the topic of security systems, and removing tracking software from a laptop.
    --Several pawn shop owners said I inquired about the discretion they exercise in relation to goods they buy.

    At some point in there, it becomes pretty clear that I am the guy who stole the laptop. Any given fact on it's own isn't a big deal. Like getting extra money without a good explanation isn't indicative of theft, maybe I just got it in a way I'm not proud of. However taken all together and with no plausible alternative explanation, it really isn't reasonable to doubt that I stole the laptop. Just because I don't have the laptop itself, doesn't mean a jury can't find beyond a reasonable doubt that I did steal it.

    Same deal in the Reiser case. You take all the evidence together and there is very little doubt. Any that remained he did a good job of erasing with his testimony. One of the things juries can certainly weigh is how ceredable the alternative explanations the defense and defendant offer are. If they offer a very credible, plausible explanation, well then that can make reasonable doubt, even in the light of strong evidence. However if they offer extremely unbelievable stories, well then the jury can infer they are lying.

    Part of the problem is people here do the geek extremist thing and start taking ANY amount of doubt to be reasonable. No, that's not how it works. You don't have to prove a case beyond any doubt, because there's always some doubt. I mean there is some doubt that the sun will come up tomorrow. Very, very little, but still some. Just because it has always happened in the past, doesn't mean it will for sure, beyond any doubt, happen in the future.

    So the proof in court isn't about absolutes, it is about reasonable doubt. That means is it REASONABLE to doubt that someone did it. The jury said no, it isn't, and it looks as though they are correct, it wasn't.

    1. Re:Also by ElMiguel · · Score: 2, Insightful

      That means is it REASONABLE to doubt that someone did it. The jury said no, it isn't, and it looks as though they are correct, it wasn't.

      How does it "look as though they were correct"? The fact that a conclusion is found to be true doesn't do anything at all to prove that the conclusion was arrived at correctly. The jury could have flipped a coin and still have got the same result, but that doesn't mean that flipping a coin would then be vindicated as a good way of choosing a verdict.

    2. Re:Also by MythMoth · · Score: 3, Informative

      Great explanation. Some words by Dorothy L. Sayers on the subject of reasonable doubt:

      You may perhaps wish to hear from me exactly what is meant by the words "reasonable doubt". They mean, just so much doubt as you might have in everyday life about an ordinary matter of business. This is a case of murder, and it might be natural for you to think that, in such a case, the words mean more than this. But that is not so. They do not mean that you must cast about for fantastical solutions of what seems to you plain and simple. They do not mean those nightmare doubts which sometimes torment us at four o'clock in the morning when we have not slept very well. They mean that the proof must be such as you would accept about a plain matter of buying and selling, or some such commonplace transaction. You must not strain your belief in favour of the prisoner any more, of course, than you must accept proof of her guilt without the most careful scrutiny.

      --
      --- These are not words: wierd, genious, rediculous
  96. Also some misogyny by Sycraft-fu · · Score: 5, Insightful

    There were some posts that contained it outright, others that you could see it in the subtext. It is something not surprising since there are an above normal amount of people here who have trouble dealing with women. It leads some of those people to dislike and distrust women. They believe Hans simply because they find it more likely that a woman would screw over a man than vice versa. Now combine that with the OSS hero status and you really have a situation that blinds them to the facts.

    I think you'd find that had the situation been reversed (Nina killing Hans) that there would have been no doubt in their minds she was guilty, in no small part because of her gender.

    1. Re:Also some misogyny by Lemmy+Caution · · Score: 2, Insightful

      Um, the sort of people who would advertise their marital availability to men who don't speak their language, from another culture, whom they haven't met who just happen to be living in the wealthiest country of the world are probably the most mercenary subset of people you could imagine.

      In other words, anyone who gets a mail-order bride shouldn't be surprised when they don't exactly get a soul-mate.

  97. Re:Still could be innocent by menace3society · · Score: 4, Insightful

    A lot of people probably wanted Hans to be innocent because he's part of the "tribe", but if you look back, the evidence against him was a bit shakyâ"mostly circumstantial, plus the testimony of a nutcase who said he murdered eight other people. And let's not forget the procession of other men Nina had been in contact with, any one of whom could have been an internet stalker.

    He was found guilty anyway, and now he's come clean, so I guess it was the right verdict. But that doesn't mean everyone who thought he was innocent in the past was experiencing cognitive dissonance, only that they weren't on the jury.

  98. Re:Still could be innocent by hbuttle · · Score: 5, Interesting

    "In Italy, this is permitted in certain circumstances"

    IANAL, but as an italian this is what i know:

    up to the seventies there was a law (number 587) on "honour killing", where you could kill your wife if they were having an affair and you would get a much reduced sentence because you were defending the honour of your family.

    for the same reason you could somewhat get away with killing your wife if she just was behaving in an unappropriate way, or your sister if she was dating an undesirable man or if she lost her virginity before the wedding.

    but it was even worse than that: when divorce was socially unacceptable (and legally forbidden) this law was used by some also to just get rid of their wife (as depicted in the movie "divorzio all'italiana").

    this law was more popular in southern italy and in rural areas, but it was not the only one:

    you could also beat your wife to "educate" her (ius corrigendi).

    a raped woman could be forced to marry their raper (as depicted in the movie "sedotta e abbandonata)"

    contraception was strictly forbidden.

    and so on.


    but NOW the italian law, while still lacking, is not as bad as some decades ago. if you commit a crime of passion you get a sentence for manslaughter or something like that.

  99. Re:Still could be innocent by Opportunist · · Score: 2, Interesting

    That's pretty much it. I don't care if he killed her. What matters is, will the development of reiserfs continue?

    Call me egoistic, but whether his wife is alive or dead, murdered by him or someone else, has no influence on my life. Whether reiserfs is an option as a filesystem, does.

    --
    We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
  100. Re:Still could be innocent by arkhan_jg · · Score: 4, Insightful

    Part of it is the feeling that someone with asperger's may not be treated fairly by the court system. Something that seems rational to an aspergers sufferer, such as buying a book on police investigations when you're under police investigation, makes you look guilty.

    In this case Hans is guilty - but up until now, I wasn't *certain* he hadn't been railroaded by a justice system ill suited to dealing with those who think differently to the majority.

    --
    Remember kids, it's all fun and games until someone commits wholesale galactic genocide.
  101. He's not one of us by Freaky+Spook · · Score: 4, Funny

    We can't believe he's guilty because he's one of us.

    No he's not one of us, he had a wife. Hand in your geek card on the way out.

  102. Re:Goddamnit, here they come by Opportunist · · Score: 4, Funny

    (sigh) When will people learn? You should NEVER mount something you don't trust anymore. It can really mess up your whole system.

    --
    We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
  103. Re:Still could be innocent by Fastball · · Score: 4, Funny

    If the glove isn't 64-bit, you must acquit.

  104. Re:Whatever by m50d · · Score: 2, Informative
    http://slashdot.org/~hansreiser

    I can beleive he would still use it.

    --
    I am trolling
  105. Re:I can only hope by 91degrees · · Score: 2, Informative

    The court awarded $480000 in punitive damages. Not millions.

    This was to a company that served coffee at a dangerously high temperature. Coffee should be hot, but not so hot that it causes third degree burns. Damages were reduced because it was her fault she spilled it. So in fact, she was charged $40000 for her clumsiness.

  106. Re:Still could be innocent by 1karmik1 · · Score: 2, Insightful

    Are you kidding right? There's no such thing as "permitted" homicide. A passional crime here in italy is prosecuted as any other crime and the law provides with some means to take the circumstances into consideration but that's it. Please don't spread misinformed idiocy.

    --
    Violence is the last refuge of the incompetent.
  107. Am I the only one that feels 15 years is too light by George_Ou · · Score: 2, Insightful

    I mean he killed a human being. I mean the guy could be out of jail in less than 15 years if he gets paroled. His wife's never coming back. The irony of this whole thing is that by proving without a shadow of a doubt that he murdered her, he will get his punishment reduced.

  108. Re:Still could be innocent by Maxmin · · Score: 2, Interesting

    If he had first-hand knowledge of the murder, and didn't report it, he's subject to accomplice charges. In some jurisdictions, being accomplice to a murder, or even near the scene, can get you charged with murder.

    Case-in-point, Texas has one of the strictest accomplice laws on the books, known as the "law of parties." Kenneth Foster was charged with murder one and given the death sentence for unknowingly (according to his testimony) driving a man to a soon-to-become murder scene. The governor of Texas intervened and commutted his sentence to life in prison. Ridiculous case, if you ask me.

    --
    O lord, bless this thy holy hand grenade, that with it thou mayest blow thine enemies to tiny bits, in thy mercy.
  109. Re:Still could be innocent by Anonymous Coward · · Score: 5, Insightful

    If his ego was worth a damn, it wouldn't have bought a wife from a russian agency.

  110. Re:I hear that by pedestrian+crossing · · Score: 4, Insightful

    I hope he is brutalized in prison. Brutalized and savaged.

    I was with you up to this point.

    There's this little part of the Constitution you are ignoring that forbids "cruel and unusual punishment". 15 to life in prison is not cruel and unusual punishment. Being brutalized and savaged is cruel and unusual punishment.

    Why not just hand him to the mob to string him up and teach him a lesson?

    Your comment makes me think that you (and whoever modded you insightful) are a bit of a sociopath who is willing to shred the Constitution and pull out that old canard, "think of the children!".

    "Oh fuck off", indeed...

    --
    A house divided against itself cannot stand.
  111. Re:Still could be innocent by electrosoccertux · · Score: 4, Insightful

    While there ARE certainly plausible ways that he could have been not guilty AND known where the body is, I would imagine that if he was innocent and knew where the body was that he would, oh, I don't know.... maybe.... CALL THE POLICE AS SOON AS HE KNEW WHERE THE BODY OF HIS DEAD WIFE WAS.

    Because of course the police wouldn't think it's you, they're all very nice and rational people. They haven't the slightest desire of pinning murder cases on someone who might be innocent, I mean it's not like their job isn't about locking people away and making examples out of them.

  112. Re:Still could be innocent by IntlHarvester · · Score: 4, Insightful

    This is pretty much a ridiculous conspiracy theory.

    Reiser's attorney flat out denied that he had Aspberger's, and Reiser never once raised any sort of mental illness defense.

    Furthermore, his speech skills were fine, he is actually very articulate. I find it hard to believe that he had any sort of autism-related mental illness.

    The myth that every nerd who programs computers has some sort of "cool" mental defect really needs to die. A lot of you are just poorly socialized and stupid, that is all. Like Hans Reiser.

    --
    Business. Numbers. Money. People. Computer World.
  113. Re:Still could be innocent by Jah-Wren+Ryel · · Score: 2, Interesting

    This is pretty much a ridiculous conspiracy theory.

    Maybe so, but your rebutall is completely illogical.

    Reiser's attorney flat out denied that he had Aspberger's, Reiser never once raised any sort of mental illness defense.

    Then why did he bring multiple witnesses to suggest otherwise?

    Furthermore, his speech skills were fine, he is actually very articulate. I find it hard to believe that he had any sort of autism-related mental illness.

    Shows what you know about Asperger's Syndrome. Being articulate does not rule you out. Those with Asperger's are often highly articulate when talking about their particular areas of focus.

    The myth that every nerd who programs computers has some sort of "cool" mental defect really needs to die. A lot of you are just poorly socialized and stupid, that is all.

    Way to exaggerate there pal.

    --
    When information is power, privacy is freedom.
  114. Bitterly admitting the cynics were right. by swordsaintzero · · Score: 2, Interesting
    I was one of those who believed him guilty but felt the court case had presented no real evidence.
    I think it's funny that O.j Simpson. A man who without a doubt murdered not just one but TWO people.
    Walked.
    Because he was an athlete. Possibly also because of race issues. Because he was "charming" and did what his team of scum bag lawyers told him to do.
    But a programmer, well we aren't athletes are we?

    Hans murdered her, because he loved his kids and she was taking them away from him. She burned him in every way possible and he finally snapped. It wasn't right but it was something I can understand.
    Welcome to the modern dilemma where all the raw male emotions required to fight for survival and hunt for food have to be caged and ignored in order to be processed by the system like a slab of beef. Guess what sometimes when you hound someone through the courts, fuck his best friend, and try to deny him access to his kids by moving them to russia you might find out that he can only take so much.

    Having been made into weekend daddy/ATM myself I know where the guy was coming from. He just let it off the leash for a few minutes and then scrambled to try to avoid having the rest of his life ruined...
    Some people are only alive because it would be illegal to kill them, and from what I saw of her actions Nina fit that bill.

    All you do nothing hounds who never wrote a line of code, or did anything worth remembering in your entire life clamoring for him to be brutalized in prison, I spit on you. I have had family and friends in prison the shit that will be done to him, it would be kinder to kill him. Last time I checked the sentence was for a number of years not a number of brutal rapes and or infection with aids, hep C, or herpes. Try to familiarize yourself with what you so gleefully wish on another human being. http://www.spr.org/ the survivor stories would probably be a good place to start.

    The man worked his ass off and gave away the fruits of his genius to the world, and because he gave it away he was broke when it came time for him to buy someone like Johnny Cochran ( I neither know nor care how that fucks name is spelled).

    I for one will be sending him 10 or 20 bucks a month to his prison commissary, small things like that can really make a huge difference when you are behind bars. If you enjoyed using his file system, or if you ever found yourself in a bad situation you regret maybe you should too.

    Or at least stop rushing in to point out black and white cats, they are all grey in the dark after all. If you have a problem with what I have to say, please reply.
    ss0

    --
    Panel F, Relay #70
    1. Re:Bitterly admitting the cynics were right. by imsabbel · · Score: 4, Insightful

      Way to paint the victim as the villain.
      Sorry, but there are enough broken marriages that dont end in a psychopatic idiot murdering somebody.

      If you donate something, than help his children and not the scumbag.

      --
      HI O WISE PRINCE. WHT TOOK U SO DAM LONG?
    2. Re:Bitterly admitting the cynics were right. by swordsaintzero · · Score: 2, Interesting

      They were both villains. What you seem to be missing is Reiser wasn't a psycho killing someone for pleasure or profit. He had nothing to gain from killing her except the ability to see his children. If you put a man in that position why does it surprise anyone when you reap the reward of your efforts. Acting like a shit bag gets you killed if you go to far. quote "Sorry, but there are enough broken marriages that dont end in a psychopatic idiot murdering somebody." One, he may be weird, he may have killed someone, he may not have "horse wisdom" but the man is smarter than you. Or me for that matter, so let's keep the idiot moniker to ourselves ok. You don't know how you would react because you have never been pushed as far as he was. Two, most marriages aren't to russian gold diggers who are taking your children to another country so you can never see them again now that she cleaned you out with the help of your best friend. If you honestly think you could be put in that situation and not have a few red thoughts flit across your mind then I am not sure whether to commend you on your self restraint or pity you for your lack of spine.

      --
      Panel F, Relay #70
  115. Re:Still could be innocent by phoenix321 · · Score: 2, Insightful

    If you think, another human being is your personal property who has to bow to your will even after friendship or partnership has come to an end, I wouldn't want to be your friend or partner.

    And if you then think, you are morally justified in killing them when they don't comply, I'm glad that capital punishment is still available.

    "Follow my will or I'll kill you" is not something I would expect from civilized people under the rule of law.

    I admit there may be some moral leeway concerning the constitutional rights of child molesters, dicators and mass murderers, but that's not the case here.

    You are not talking about killing people with heavy guilt and a huge bodycount, but about killing humans for lawfully and consensually having sex. That is morally depraved, shameful and if carried out highly against the law. And no, that wouldn't be manslaughter but pre-meditated first degree murder. And they'll fry you for that.

  116. Re:Still could be innocent by IntlHarvester · · Score: 3, Insightful

    Then why did he bring multiple witnesses to suggest otherwise?

    Thanks for the correction. Yes, only after Reiser's testimony had totally backfired, they brought in some shrinks to suggest he "may have" aspergers, based on tangential evidence. If he clearly had a mental illness, why wasn't he directly evaluated, and why wasn't this brought up before hand? Hmmm.

    Shows what you know about Asperger's Syndrome. Being articulate does not rule you out. Those with Asperger's are often highly articulate when talking about their particular areas of focus.

    Did Reiser have a particular focus on wife murdering? Because he seems pretty bad at it to me.

    He wasn't talking about his filesystem on the stand for weeks you know.

    --
    Business. Numbers. Money. People. Computer World.
  117. Free? by EnsilZah · · Score: 2, Funny

    Free as in beer or free as in speech?

  118. How horrible by Moe1975 · · Score: 2, Insightful

    What a shame, the whole thing. Just awful, depressing, and demoralizing.

    Innocent woman murdered, a bright (and fellow tribe member to boot - yes, I still consider him a fellow tribe member in spite of what he did) man's life down the drain, two kids with no parents . . .

    I hope she rests in peace, I hope he gets help for his problems (and to anyone who wishes him worse still, YOU go and live in a fucking California State Penitentiary, specially as a white man . . . he will pay for his crime for sure - I hope he has it in him to fight like an animal) and I hope the kids are and remain in good hands.

    How awful. It might happen everyday, but this one gets to me. At least, at least, he WAS guilty, thus he was not wrongly convicted owing to his being an arrogant, abrasive geek. No logic to my relief of course, but part of me feels relieved. The thought of him being innocent and spending the better part of the remainder of his life in the pen straight fucking haunted me.

    Sigh.

    --
    SARAVA!
  119. Re:strangling Nina by Moe1975 · · Score: 2, Interesting

    Well, you sound as though you are for real so I will reply. I can sympathize with nearly losing control when having to endure some sick cunt, but, let me tell you, some cunt's misbehavior does not justify strangling the fucking bitch.

    Have you ever watched someone being murdered? Seeing someone alive one minute and dead the next, just laying there, just having pissed and shit on his/her self, all that, it's nothing nice man . . .

    Trust me, a proper assbeating is much better for you and the mouthy bitch/asshole in question.

    --
    SARAVA!
  120. Re:Still could be innocent by Anonymous Coward · · Score: 5, Insightful

    So far the first page of comments is mostly jokes and inane - "I'd murder the bitch too" remarks [...] Assholes, this is a real person with a real family, not some fucking Manga or Anime or video game.

    There is no excuse for murder. Initially my take on this case was that maybe he did it, or maybe he didn't - we just don't know. And now I'm pissed I even gave Hans that much.

    What dissapoints me about Hans Reiser is that he didn't do the right thing. He didn't confess and in an attempt to avoid taking responsibility he tried to get away with it. A remorseful, intelligent man would've realized that a life with a murder on your conscience i just as bad as prison, maybe even worse. It suggests to me that he didn't feel guilt for what he had done, and I think it's a testament of poor charachter. He only confessed when he had nothing more to loose.

    To further your point - I appreciate humor, but when the reality of what happened to Nina sinks in jokes seems to be of very poor taste. Nina was strangled by the father of her children and then buried to rot in a 4x4 foot grave, nearly upside down. Conjure up an image of what she looked like when they dug her up after all those months and then crack a joke. What - not funny anymore? Assholes indeed.

  121. Re:Still could be innocent by Auckerman · · Score: 5, Insightful

    I think you misunderstand something about the Right to Remain Silent. The warning from the police when you are arrested is "anything that you say can and will be used against you" not "anything you say may help exonerate you". It is NEVER helpful to talk to the police when you are a suspect, even if you are innocent. You can say things that are truthful when you are innocent and still make you look like a murderer. Always talk to a lawyer first. Always. No matter what your circumstances are.

    --

    Burn Hollywood Burn
  122. Re:Still could be innocent by Ginger+Unicorn · · Score: 5, Insightful
    What disappoints me about Hans Reiser is that he didn't do the right thing.

    Surely the time to decide to do the right thing would have been just before he murdered his wife, not during the aftermath, when clearly no amount of "right things" would rectify anything but the most comparatively trivial aspects of this situation.

    --
    (1.21 gigawatts) / (88 miles per hour) = 30 757 874 newtons
  123. Re:Still could be innocent by jollyreaper · · Score: 4, Funny

    Maybe he was angry with her because she was having an affair. He bought a gun out of anger, but didn't want to kill her. He goes home, to find her with her lover. In a struggle with the lover, the lover the lover wrests the gun from Hans. He's got the gun pointed at Hans, who reveals that his wife has in fact ANOTHER lover. In anger, the lover shoots Nina and flees. Hans has no idea who he was, and Nina dies sadly in his arms. The only way he can avoid blame for the murder (having just legally purchased the gun) is to bury Nina himself. In the end, Hans feels responsible for her death, having driven her away from him due to his obsession with work, and of course, the foolish decision to buy the guy. He sees only too late that he should forgiven her for such a minor human flaw, and if he had, then he would still be with her.

    You left out the part where he's tutoring a small-time crook in prison and that crook says he shared a cell with another con who claimed he murdered some computer geek's wife and now the geek is doing time for the murder. Hans would have started helping out the guards with their computer problems, then the warden gets him involved in a lucrative spamming operation that rakes in millions under the table. And after the warden has the tutored con killed, Hans plots his escape through a storm sewer, withdrawing all the profits from the bank and mailing a package to the papers implicating the warden in spam and murder.

    --
    Kwisatz Haderach
    Sell the spice to CHOAM
    This Mahdi took Shaddam's Throne
  124. Re:Still could be innocent by stoolpigeon · · Score: 2, Insightful

    A perfect example of this is Martha Stewart. They decided that she never did anything wrong with regard to why she was being investigated, but that she wasn't truthful when she spoke to investigators. So she went to prison for lying to them. To me, that is insane. And the most important lesson was exactly what you say - don't ever talk to the cops without representation present, even if you didn't do a single thing wrong.

    --
    It's hard to believe that's how Micronians are made. Why don't we see it right now by having you both kiss one another?
  125. Re:Still could be innocent by Anonymous Coward · · Score: 5, Funny

    We didn't get it because we don't know what the fuck you're talking about. Most likely because we aren't the kind of guys that go to musicals. You might have better luck in the Apple section.

  126. So, the jury got it right? by The+Second+Horseman · · Score: 2, Insightful

    Basically? Not perfect, perhaps, but essentially correct? And most of the people here, who weren't in the courtroom to see and hear it all, and weren't part of the deliberations got it wrong? I'm shocked.

    1. Re:So, the jury got it right? by gujo-odori · · Score: 2, Interesting

      He wasn't convicted without evidence. He was convicted without a body. The evidence may have been largely circumstantial, but there was a great deal of it, and it was strong. The fact that she was missing. The car with a seat removed and the appearance of having been washed out, the ditched on the street. Her vehicle, also ditched on the street. The blood, which you mention (that's more forensic than circumstantial). Heck, that crazy defense theory that she was hiding in Russia probably even led to his conviction, in part, as did his own testimony. The fact is, Reiser comes across like a nutcase, and taking the stand himself did nothing to improve his chances of getting away with it.

      It's entirely possible to convict based solely on circumstantial evidence. It takes a lot of it, and it has to be very convincing - pretty much to the point where any reasonable person would conclude that the prosecution was right - but it can be done. The fact that they had almost as much evidence on Reiser (accept a body) as they did on OJ and as they did on Robert Blake, doesn't mean Reiser's jury got it wrong or that he was convicted without evidence. It means OJ's jury and Blake's jury almost certainly reached an incorrect verdict. OJ has essentially confessed in "If I Did It." While Blake still maintains his innocence, I think he's probably guilty. At least he had a more plausible defense than Reiser had, so I can understand the jury's result, even if I disagree with it.

      I live in the Bay area, where the trial was very well covered by local media (sfgate.com was excellent), and while it sounded unlikely to me at first, as the trial unfolded I became certain that he was guilty. And now he gives up the body, showing that his *evidence-based* conviction was spot-on.

      You sound like you're just another of the many people who *wanted* Reiser to be innocent and were therefore willing to ignore the body of evidence against him. I wish he had been innocent, too, but he wasn't, and I was sure of that before the trial was over. I don't wish it for the reasons a lot of people here probably wish it - that ReiserFS may be history and that a lot of people who had not heard of Linux or open source before now have heard of it because a well-known open source developer killed his wife while his kids were upstairs in their rooms - but because a family has lost their daughter, two children have lost their mother, and those children have to go through life knowing that their dad killed her, then lied to them and the whole world about it.

      Reiser may think he got something by negotiating a 15-to-life deal, but he's not getting out in 15 years. No parole board would go for it. I doubt he'll get out in 25, either. He's going to find that what may look to him like some kind of victory is no victory at all. If he ever leaves prison, it will be as a very old man.

  127. Re:Still could be innocent by Chas · · Score: 4, Insightful

    "And if you then think, you are morally justified in killing them when they don't comply, I'm glad that capital punishment is still available."

    Do you want to examine this statement for a circular hipocrisy?

    Capital punishment is the acme of "being morally justified in killing someone when they don't comply".

    Note: I am NOT saying I oppose capital punishment. Merely that this nose-in-the-air pseudo-moralization is WAAAY out of place.

    --


    Chas - The one, the only.
    THANK GOD!!!
  128. Re:Still could be innocent by JNighthawk · · Score: 5, Informative

    Mod parent down - wrong.

    http://blog.wired.com/27bstroke6/2008/04/reiser-defense.html

    "Hans and Nina met in 1998, in Russia, when he was overseas hiring programmers. He picked her out of a mail-order bride catalog, where she was advertised as "5279 Nina.""

    --
    Wheel in the sky keeps on turnin'.
  129. Re:Still could be innocent by rainer_d · · Score: 4, Informative

    Hm. I thought I had read that differently.

    Actually, it seems to that both may be true:

    > "No, that's not true," answered Sharanova, who had
    > testified earlier Reiser and her daughter met when
    > Nina went with a friend who was to meet Reiser at
    > a cafe to act as a translator.

    From: http://findarticles.com/p/articles/mi_qn4176/is_20080214/ai_n21416688

    Unfortunately, I can't post and moderate ;-)

    --
    Windows 2000 - from the guys who brought us edlin
  130. Re:Still could be innocent by budcub · · Score: 5, Insightful

    Don't forget that investigators will most likely lie to you, in an attempt to "trick" you into saying something to incriminate yourself. Its all ok for them them to lie to you, but you can't lie to them. Strange isn't that?

  131. Re:Still could be innocent by stoolpigeon · · Score: 2, Informative

    I'm going to assume you are a troll - but for anyone else who reads this thread, it is easy to make a mistake, especially when recounting events over a long period of time. It is easy to say things that can be taken in more than one way, and if one of those ways happens to imply violation of a law, it could cause real problems. My perspective is not garbage. An innocent person, through innocent conversation can end up going to prison when they have done nothing wrong. Our penal code is so complicated I would never speak to law enforcement about anything without someone handy who is well versed in law and on my side.

    --
    It's hard to believe that's how Micronians are made. Why don't we see it right now by having you both kiss one another?
  132. Re:Northy or Southy? by The+Spoonman · · Score: 2, Informative

    Not necessarily. If he's never used it in an actual fight, he'll be overconfident and at a disadvantage. Having studied the arts myself, I've met a lot of people over the years with black belts and other high "degrees" who've had their asses kicked in street fights. The stuff you learn in a dojo is well-controlled and don't necessarily apply in a real fight. That's why I chose a kung fu sufi who insisted on his students competing in local matches with other dojos before advancing them.

    --
    Which is more painful? Going to work or gouging your eye out with a spoon? Find out!
    http://www.workorspoon.com
  133. Re:Proof that lawyers have no soul by jjohnson · · Score: 2

    Parole boards virtually never grant parole to criminals who don't admit their guilt and show remorse. Trying to convince them that you were falsely convicted never works, so the absence of a body is no asset at all.

    What it does do is eliminate the possibility of appeals (which was probably written into the plea agreement). But I've heard no reporting indicating that appeals were likely, either. Outside the tech community, this was a fairly standard murder, trial and conviction.

    --
    Anyone who loves or hates any language, platform, or manufacturer, doesn't know what they're talking about.
  134. Re:Still could be innocent by servognome · · Score: 2, Funny

    He picked her out of a mail-order bride catalog, where she was advertised as "5279 Nina."

    I've always prefered 867-5309 Jenny Myself

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    D6 63 0D 70 89 81 BB 8E 7B 7C 5F 5D 54 EA AB 73
  135. Re:Still could be innocent by jedidiah · · Score: 2, Insightful

    There is and should be a big difference between what the peanut
    gallery assumes and what actually goes down in a court of law.

    "Everyone knows he did it" doesn't constitute proof.

    --
    A Pirate and a Puritan look the same on a balance sheet.
  136. Re:Northy or Southy? by corbettw · · Score: 3, Funny

    ...he'll be overconfident and at a disadvantage.

    Hans Reiser, overconfident? Nooooo.

    --
    God invented whiskey so the Irish would not rule the world.
  137. Serious question by Enahs · · Score: 2, Interesting

    I've no plans to drop Reiser (still using v3 dern near everywhere) over something like this, but the serious question is this: What's going to happen to ReiserFS at this point? Would Hans have to turn over the copyright? Is there a precedent to be set here, take it out of his hands, whatever?

    I use ReiserFS on a home machine, my wife's laptop, and a fileserver at work (with tail-packing ENABLED) and can't imagine doing without it. Anything comparable on the horizon?

    --
    Stating on Slashdot that I like cheese since 1997.
  138. Re:Just use the magic words. by bladesjester · · Score: 2, Interesting

    I'm having a difficult time imagining a situation where I might have some helpful information, but revealing it might lead to me being charged with the crime.

    It's not that hard to imagine. Usually, it happens when there is violence involved.

    Heck, man, you're likely to get grilled if the cops think you're "too calm" in a situation involving violence. Happened to me while I was helping treat a gunshot wound.

    No, I didn't do it. It was someone I cared about a great deal and it was self-inflicted, but the sheriff was bound and determined that he was going to try to pin it on me because solving an attempted murder or attempted homicide would look better than a suicide attempt. Thankfully, the state troopers there (who were first on scene) had my back. The very first one there looked like he was about ready to beat the living daylights out of the sheriff because he saw what I was going through.

    Hell, I guess the cop at the hospital where they took her even tried to get her to say that I did it.

    Never underestimate the lengths some cops will go to in order to get a "suspect".

    --
    Everything I need to know I learned by killing smart people and eating their brains.
  139. Re:Still could be innocent by RogueyWon · · Score: 2, Interesting

    Hmm... I see your point, but you're being a little harsh on people in general, I think.

    I grew up in a little town in the North West of the UK called Hyde. This town is known for being where the UK's most prolific serial killer on record went about his business; Dr. Harold Shipman. I remember how people in Hyde reacted when the story broke, and how this changed as it developed.

    In some ways, the parallels with this case are strong. Sure, there are differences - while he committed suicide before he could be tried for more than a handful of them, the best estimates (from medical and judicial professionals, not the gutter press) are that Shipman killed hundreds (I've seen numbers from 200-400 throughout his career quoted), while Reiser just killed one. However, I think the similarities outweigh that.

    Both were highly respected within their respective communities. Both were, in some ways, slightly odd, but certainly not to the extent you'd consider them dangerous. Both, thought themselves smart enough to talk their way out of any situation, including a well-evidenced murder rap. Both, ultimately, found out that they weren't.

    Shipman was always popular around Hyde, particularly with his elderly patients (who formed the bulk of his victims). I did some summer work, before the story broke, at another General Practice in the area while I was a student and there was always a steady drip-drip-drip of patients leaving the books of the practice where I worked to move over to Shipman's. He was renowned for a good bed-side manner and his patients liked the fact that his surgery was a one-man-band; they could be sure that they'd always see the same doctor when they needed to, whereas at a larger practice, they might end up seeing somebody they didn't know so well.

    The first public rumblings came when it was revealed that a non-local woman had complained to the police, after she'd been cut out of her recently and suddenly deceased (Hyde resident) mother's will in favour of Shipman. The reaction of both the local press (albeit by inference) and public was pretty much unanimous. "The mother was very old and had just died of natural causes - she hadn't been fantastically well for some time, after all. She'd been living on her own in Hyde for years, not seeing much of her daughter. It perhaps wasn't surprising that she'd decided to leave her money to her well-liked GP, who she would have seen a lot of in her later years, rather than to a daughter who she felt had abandoned her. The accusations were just a spiteful attempt to get the will overturned."

    This lasted several months. However, as time went on, it became clear that the police were actually taking this very, very seriously. More and more bodies were exhumed. There was talk of strong evidence that the will in question was a clumsy forgery. More and more local residents came forward to say "Actually, my Mum died quite suddenly, now that I think about it, and the last person she saw was Shipman". Then it came out that a GP at another local practice had actually informed the police of her concerns about the number of deaths among Shipman's patients over a year earlier and had been ignored. By the time the trial started, there were few in Hyde who believed that Shipman was innocent.

    Can you blame people for this? Not really. The man was, to use a rather hackneyed but nevertheless fitting phrase, a pillar of the community. People base their beliefs on the evidence they have available to them and in the early days this was very thin. The narrative of the spiteful attempt to overturn the will fit with the general public mood quite well, and understandably so - there was growing concern at the time throughout the country (and there still is today), that litigation was making it impossible for medical practitioners to do their jobs safely. When the available evidence changed, people's views changed. At a guess, I'd say an overwhelming majority of the locals went through this path, self included.

    There were, it is true, a tiny minority who did

  140. Re:Just use the magic words. by bladesjester · · Score: 2, Interesting

    but I'm not sure how your story is relevant.

    2 things - I was there (actually, I was rushing up the hill in question because I had a bad feeling) when it happened so I had the information in question and it's an example of the lengths cops will go to in order to stretch the truth in order to "get the suspect" (make their career).

    I can't see how your providing information to this sheriff would have led to your being charged with this crime.

    You have obviously not dealt extensively with police. More than a few of them will take "I gave information" to mean "I did it because I know what happened".

    Do you really think the DA would have filed charges against you?

    In that county? Hell yes.

    What did the victim say about "whodunit"?

    I don't know how to break this to you, but the cops kept trying to get her to say that I did it even after she told them what happened. This is while she had a bleeding gunshot wound. She actually ended up spitting on the cop that was trying to get her to say I did it. (According to her, that was a mistake, because it really hurt. With a hole in your chest, I'd believe it)

    Why would the assailant call 911? Whose prints were on the gun? Did the victim have a history of diagnosed mental illness? What was your relationship to the victim? Did you have motive to murder her?

    In order: I had to flag down a car because I didn't have a phone at the time (long story), but an assailant would call 911 in an attempt to make it look like they didn't do it or because they panicked and had second thoughts (it happens). Both of our prints would have been on the gun. Yes, but the police don't care (especially not there. trust me). We were engaged. No.

    I still can't imagine what truthful information you could have given that sheriff that would have led to the DA filing attempted-murder charges against you.

    The fact that I knew the gun used, knew where it happened, and was "too calm". You don't seem to get that not all police officers are straight as an arrow (and that sheriff, well, isn't).

    So that is my question for you. Would you have been considered any more or less of a suspect if you invoked your right to remain silent and your right to counsel?

    Actually, this part of the discussion was about how being free with information (whether or not you are a suspect at the time) can lead to you being turned into a suspect and/or being charged with the crime, and I'm telling you that it can, has, and does happen.

    --
    Everything I need to know I learned by killing smart people and eating their brains.
  141. Re:Still could be innocent by crashfrog · · Score: 2, Insightful

    Ya gotta wonder about the people who thought he was innocent.

    What's to wonder? Lacking the whole story as told in the courtroom, they merely thought that there was not enough evidence to conclude that Hans was guilty.

    Absent the body, absent any known murder weapon, and with the victim being a foreign national holding dual citizenship and with plausible motive to flee the country and frame Hans for murder, that's not an unreasonable conclusion. It may not have been the conclusion you came to, but different people have different ideas about how much evidence you need to convict a man of murder.

    Now, of course, after a guilty verdict, a confession, and with the body right in front of us, it's pretty stupid for anyone to continue to maintain his innocence. I know I'm convinced. But before all this? "Beyond reasonable doubt" depends entirely on how you define "reasonable."

    --
    I never have frustrations, the reason is, to wit:
    If at first I don't succeed, I quit!
  142. Re:Still could be innocent by flajann · · Score: 3, Interesting
    Actually, if Hans had kept his mouth shut and let his lawyer do all the talking, he would've gotten off anyway. There was no solid evidence that Nina was dead.

    Oh well, this is sad on so many fronts, and now the "justice" system will feel more empowered to convict on flimsy evidence, which will result in more harm to innocents.

  143. Re:Am I the only one that feels 15 years is too li by Omnifarious · · Score: 2, Insightful

    This is not an extreme crime. Killing 50 hookers over a span of 10 years is an extreme crime. Shooting people randomly with a sniper rifle is also pretty extreme.

    Killing your ex-wife in rage during an argument when she's also had an affair and embezzled from you is not that extreme. It, in fact, is sadly all too common a scenario (though the having an affair and embezzling bits are details that change from case to case). It is definitely criminal, and definitely deserves punishment. But reacting as if it's the most horrible thing in the world isn't particularly realistic.

  144. Re:Still could be innocent by pez · · Score: 2, Insightful

    Although we're all innocent until proven guilty, for those of us without access to all of the facts it certainly seems damning. He was already convicted of this crime, and now *on top* of that conviction, he is the only person who has been identified as knowing where the body is. I'd say that's pretty compelling.

  145. Re:Still could be innocent by snowgirl · · Score: 2, Insightful

    *sigh* I'm aware that there are two separate issues theres.

    First, I were to be raped... in order to protect "the people"* I'm forcefully married to him, and him to me.

    Second, since he used a condom during the rape, that means that he is guilty of a crime, and is either punished, or put in jail for it.

    They wouldn't have really cared that the woman was now married to a convict.. I mean, it's his property, and he's a doofus for having done something to acquire the property that ended up being illegal.

    * Note that "the people" here, means "the patriarchal system." If a woman is raped, it's like dropping a glass at a department store, "Hey! You broke it, you buy it!" In the Old Testament, the law was to ensure that a father got a dowry for his daughter, who was now undesirable to anyone else. If she was married, then crap, if she has a kid, whose is it? No way to tell, and so a man might be raising a kid that isn't his... best to just kill her, and then you don't have to deal with potentially bastard children. Modern rape is a violent crime assaulting another recognized person... in old times, it was a non-violent crime of property damage.

    --
    WARNING! This girl exceeds the MAXIMUM SAFE standards established by the FDA for BRATTINESS
  146. Re:Still could be innocent by snowgirl · · Score: 2, Insightful

    Modern rape is a violent crime assaulting another recognized person... in old times, it was a non-violent crime of property damage.

    Rape and promiscuity are two different things. The difference is that one act goes against the consent of an individual while the other is mutual.

    Regardless of time periods in human history, rape is often emotionally and/or physically disturbing to the victim.

    Of course the emotional harm done to a woman in old and modern times was the same. The difference is, in olden times that didn't legally matter. While rape was a devastating thing to happen to a woman in olden days, just as it is today (I wish I didn't personally know how devastating) the patriarchal society didn't give a s* because it was against a woman.

    In much the same way, Nazis justified their death camps because Jews, Retards, and Gypsies were all defined as "sub-human", and thus not afforded the same rights or respect given to another German, and before Americans try to get all high on the horse, that was the exact reason justifying slavery in the United States.

    Killing someone's slave in the United States was not a murder, it was property destruction... Nazi concentration camps weren't murderous, because it was vermin control.

    It is naturally up to philosophical debate, as to whether these acts were fundamentally any more immoral than destroying someone's chair, (or in fact, killing their dog), or destroying cockroaches and rats that have infested a house... You're free to hold your own beliefs upon which way it was, but I'm talking about legal fact, and attested history... not morality.

    --
    WARNING! This girl exceeds the MAXIMUM SAFE standards established by the FDA for BRATTINESS