Slashdot Mirror


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.

168 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 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.

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

      What, too soon?

    6. 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
    7. 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
    8. Re:Sad by B3ryllium · · Score: 5, Funny

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

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

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

    10. 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.
    11. 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
    12. 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.'"
  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).

      --
      Wow, sent an e-mail as suggested when clicking on "use classic" banner, and got a fast response that addressed my msg
    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 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."

    14. 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.

    15. 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.

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

      Debian randomness!

    17. Re:Okay there you go by beav007 · · Score: 5, Funny

      Lucky guess!

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

    18. 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.

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

      You can also be found, that is the difference.

    20. 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.

    21. 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.
    22. 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.

      --
      Warning: Apple/Nintendo fangirl. Likes her electronics cute & cuddly. May be rabid.
    23. 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
    24. 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.

    25. 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.

    26. 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.
    27. 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.

    28. 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.

    29. 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.
    30. 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.
    31. 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.
  3. 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 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.
    3. 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
    4. 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.
    5. 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!
    6. 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...

    7. 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
    8. 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?

  4. 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.

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

    FINALLY

  6. 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 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.

      \/\/\/

    4. 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.
  7. 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.
  8. 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!!
  9. 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.

  10. Re:I can only hope by JebusIsLord · · Score: 3, Funny

    How very Christian of you.

    --
    Jeremy
  11. 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.

  12. 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]
  13. 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.

  14. 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.
  15. 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.

  16. 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.

  17. 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.
  18. 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.

  19. 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.
  20. 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 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.

    2. 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...

    3. 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.

    4. 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.

    5. 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 ;)

    6. 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.

  21. 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.

  22. 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
  23. 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 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.

    4. 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.
    5. 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.

    6. 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.
  24. 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.

  25. Re:Still could be innocent by flanksteak · · Score: 5, Funny

    Was Fabio on the cover of this book?

  26. 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.

  27. 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.

  28. 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
  29. 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.
  30. 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.

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

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

  32. 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.
  33. 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.

  34. 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.

  35. 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 ...

  36. 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.

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

    Remember to enable soft updates before executing this plan.

  38. 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.

  39. 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?
  40. 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.
  41. 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.

  42. 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

  43. 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.

  44. 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."
  45. 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.

  46. 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.

  47. 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.

  48. 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).

  49. 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!
  50. 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.

  51. 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?

  52. 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!
  53. 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.

  54. 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.
  55. 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.

  56. 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.
  57. 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.

  58. 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
  59. 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.

  60. 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.

  61. 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.

  62. 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?

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

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

  64. 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.

  65. 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.

  66. 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.
  67. 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 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
  68. 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.

  69. 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.

  70. 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.

  71. 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.
  72. 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.

  73. 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.
  74. Re:Still could be innocent by Fastball · · Score: 4, Funny

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

  75. 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.

  76. 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.
  77. 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.

  78. 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.
  79. 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.
  80. 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.

  81. 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
  82. 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
  83. 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
  84. 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.

  85. 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!!!
  86. 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'.
  87. 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
  88. 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?

  89. 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?
  90. 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.
  91. 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.