Hans Reiser, Murder: Wife - Nina Reiser, 11/05/07

Posted: Fri Dec 28, 2007 11:19 am

Hans Reiser Murder Case Focuses On Missing Car Seat
The trial involving the Linux developer is scheduled to resume in Oakland, Calif., on Jan. 14.

By K.C. Jones
InformationWeek
December 19, 2007 04:25 PM

The Hans Reiser murder trial on Tuesday focused on his missing estranged wife as well as what was missing from the Honda CRX he was driving.
Jurors heard testimony that the front passenger seat was missing and the car contained books on murder with a receipt showing they had been purchased soon after Nina Reiser's disappearance. Linux developer Reiser, 44, is accused of killing Nina Reiser, who remains missing and whose body has not been found.

Reiser's lawyer's questioning indicated that the defendant modified the Honda CRX and took the front seat out so he could sleep in it.

Judge Larry Goodman called for a recess to accommodate the upcoming holidays. The trial is scheduled to resume in Oakland, Calif., on Jan. 14. Prosecutors will likely spend several more weeks presenting their case before the defense makes its arguments.

The 6-week-old murder trial has periodically focused on the family's home life, with prosecutors and Reiser's defense attorney painting vastly different pictures of Nina Reiser.

According to court testimony, the couple met on a Web site advertising Russian brides. At the time she replied to the ad, Nina Reiser practiced obstetrics and gynecology in Russia.

The couple's first in-person meeting was at a cafe in Russia. Hans Reiser told a reporter he donned a cowboy hat for the meeting, which he described as "magical." He also said he and his wife conceived their first child that night and they married when she was five months pregnant.

Seven years later, the marriage had fallen apart. Nina Reiser filed for divorce.

Hans Reiser seemed increasingly frustrated and stressed over financial problems, according to witness testimony during the trial. Reiser developed ReiserFS, the default file system on SUSE Linux/openSUSE, Slackware, Xandros, Yoper, Linspir, and Kurumin Linux. He claimed his wife had stolen money from him, and he lobbied local government officials to change the family court system, while owing money for child support. He told a couple at a children's birthday party that his wife and children were a financial burden. The couple contacted police after learning the woman was missing.

The mother of two, barely over 5 feet tall, had requested an order of protection against Reiser, a black-belt judo student, saying that he had shoved her and threatened to make her hurt for the rest of her life, according to media reports.

Court testimony revealed that Nina Reiser just took a new job and planned to meet with her best friend for dinner on Sept. 3, 2006. The friends had spoken that morning, and Nina Reiser complained that she and her husband had been arguing about the children again.

Surveillance cameras taped the 31-year-old mother at a grocery store around 2 p.m. She dropped her children off at her husband's home and vanished. Nina Reiser never showed for dinner, and her friend began calling repeatedly at 6:30 p.m. When Nina Reiser failed to pick up her children from school the next day, the friend called police. The best friend testified that Nina Reiser was always punctual and reliable. Nina Reiser has not been seen since.

Police have some evidence of foul play but have not recovered a body. Police showed pictures of Nina Reiser's car full of groceries, parked about three miles from Hans Reiser's mother's home, where he had been staying. Inside, they found her purse, wallet, identification, sunglasses, and mobile phone with the battery detached on the front passenger floor board.
A jail inmate testified that while he was in jail, Hans Reiser rushed toward a television set to hear a news report about a body that was found in the Oakland hills. The inmate, who said he received no offers for special treatment, testified that Reiser waited through commercial breaks and other reports and seemed to lose interest when he learned the body was identified as a black man.

Hans Reiser and his attorney characterize the missing woman as promiscuous, greedy, and unstable. The defense attorney pointed out that she had asked her divorce lawyer whether she could move to Russia with the children.

Hans Reiser's lawyer has raised the possibility that she may have fled to Russia, but investigators recovered her American and Russian passports and the defense attorney hasn't produced any supporting evidence yet.

Prosecutors likely will spend several more weeks presenting their case before the defense makes its arguments.

When Nina Reiser disappeared, she was studying for a medical exam. She also had a new boyfriend who testified that he called a lot and accessed her e-mail account when she was missing.

During their marriage and separation, the Reisers argued over the care of their children.

Hans Reiser accused his wife of having Munchausen syndrome by proxy, a condition in which parents try to gain attention by pretending their children are ill. A child welfare worker testified that Reiser had called in a complaint about his wife exhibiting the syndrome. A doctor testified that Reiser tried to manipulate him and threatened a lawsuit when the doctor insisted Reiser's son needed surgery for a hearing problem.

Reiser argued that his son, who was 6 when the couple split up, should be allowed to play violent video games so he could overcome his fears, learn combat, and become a man, according to a feature in Wired magazine .

The courts gave the couple joint legal and physical custody at first, but Nina Reiser eventually won medical and legal custody. So Reiser still shared physical custody of the children but did not have medical or legal authority over issues such as education.

One of the boy's teachers told jurors the boy drew violent pictures and once said he didn't have to listen to her because she was a woman and women shouldn't have rights.

A police officer, who had stood watch when the couple dropped off and picked up the children, said the hostility Hans Reiser showed was palpable. He testified that Hans Reiser's glares and body language appeared so threatening that he told Nina Reiser to get a gun.

The Linux programmer's judo teacher told the jury that Reiser "excelled" at a choking move. Media reported that the instructor said on the witness stand that he had asked Reiser plainly whether he had killed his wife, but the instructor never stated the response and the judge did not allow that testimony into evidence during the trial.

Soon after Nina Reiser went missing, her best friend asked Hans Reiser if he knew where the missing woman was. On the witness stand, she claimed he told her he needed to talk to his lawyer.

A neighbor testified that he saw Reiser in heavy clothing, hosing something down in the driveway late on a warm night. He said it struck him as odd because Reiser never did any kind of work outside of the house. The next morning, the man said the driveway was covered in pine needles.

Reiser was pulled over a few days later for making an illegal U-turn, and the patrolman testified that he didn't notice anything unusual about the car. A few days later, however, when police confiscated the car, it was soaking wet. The front passenger seat was missing.

To date, the prosecution has brought forward 35 witnesses and 130 exhibits for the jury to see.

http://www.informationweek.com/news/showArticle.jhtml;jsessionid=P50UWDFJ2JV4MQSNDLRCKHSCJUNN2JVN?articleID=205100827&pgno=2&queryText=

Posted: Wed Jul 09, 2008 1:42 pm

Reiser takes plea deal for lesser sentence
Remains in Oakland hills ID'd as those of Nina Reiser
By Chris Metinko and Harry Harris
Oakland Tribune
Article Launched: 07/08/2008 09:07:38 PM PDT

OAKLAND â€” The skeletal remains found Monday in the Oakland hills were positively identified Tuesday as those of Nina Reiser, and her estranged husband and convicted killer could be looking at a lesser sentence after leading authorities to the body.

Authorities located the body of the missing woman late Monday afternoon after Hans Reiser agreed to a deal with the Alameda County's district attorney's office to disclose the location of the body in exchange for a second-degree murder conviction.

In April, the 44-year-old software engineer was found guilty of first-degree murder, which carries a 25-years-to-life prison sentence. For second-degree murder, those convicted face a 15-years-to-life term.

During a news conference Tuesday at Oakland police headquarters, prosecutor Paul Hora confirmed his office and Reiser and his defense team had struck such a deal. He added that under the agreement, Reiser also will waive his appeal rights.

Hora said that after Reiser was convicted, his defense team expressed a desire to make a deal for their client. He said talks about disclosing the location of Nina Reiser's body had been taking place for several weeks.

Speculation of a possible deal had been swirling since Reiser's conviction April 28. At that time, Reiser's defense attorney, William Du Bois, wouldn't discuss the possibility of a deal, saying only that Reiser was coming to terms with being convicted.

Hora said the decision to strike a deal was made in conjunction with Nina's family's wishes.

"This wouldn't have happened without the support and desire of Nina's family," Hora said.

At the news conference, police confirmed that the remains had been positively identified through dental records as those of Nina Reiser, 31, who was last seen alive in September 2006.

Hora said it was important to Nina's family that her remains be located, so they could choose her final resting place, not her killer. Since the body has been located, he said that the family, who lives in St. Petersburg, Russia, won't have to go through a lengthy appeal process or hear rumors about sightings of Nina Reiser.

Hora said the family did not wish to speak to the media.

When asked if the second-degree murder agreement â€” after already getting a first-degree murder conviction â€” was unusual, Hora said, "In my experience there haven't been similar deals because in my experience there haven't been similar cases."

Hora said the agreement struck between his office and Reiser is not final until it is approved by Superior Court Judge Larry Goodman when Reiser is sentenced. But Hora said he was "confident" the court will agree to the lesser sentence if Reiser maintains his end of the deal, including formally agreeing to waive any appeals.

Reiser's sentencing is scheduled for today, but the hearing is expected to be continued.

Oakland police Lt. Ersie Joyner refused to reveal much about the body and his department's investigation into the scene, other than to say it appears Reiser committed the killing without assistance. Hora said the body was found in a bag â€” which may correspond with a drawing presented in court during the trial from Reiser's oldest son, Rory, which showed his father carrying a large bag down steps the night his mother disappeared. The defense attempted to dismiss the drawings as being coerced images the boy was told to draw.

According to sources familiar with the investigation, Hans Reiser admitted that he strangled Nina Reiser during an argument while his children played in his mother's Exeter Drive home, where Reiser was living. Nina was last seen alive after dropping off the couple's two children there.

Handcuffed to his attorney, Reiser led authorities Monday to Nina's remains, buried in a 4-foot-deep hole a half-mile from Reiser's mother's home in the 6900 block of Exeter Drive. Reiser told authorities that he hopes a cherry tree can be planted to mark the grave site, which was down a steep hillside in the 8200 block of Skyline Boulevard off a hiking trail in Redwood Regional Park.

Sources said the slaying occurred Sept. 3, 2006, the last day Nina Reiser was seen alive. The couple was going through a bitter divorce and custody battle at the time of her disappearance.

It still isn't clear when Reiser moved the body after the killing, but sources said Reiser said he wrapped the body in sheets of plastic and later placed it in a duffel bag and carried it to the unmarked grave.

A sheriff's department spokesman said Monday that the area had been searched "superficially" in the initial search for Nina Reiser because it was off the beaten track and was covered with poison oak.

The body was removed early Tuesday morning by deputies with the Alameda County coroner's office.

Throughout his six-month trial, the computer programmer proclaimed his innocence.

On Tuesday, Nina Reiser's best friend, Ellen Doren, said in an e-mail to an area wire service that she hopes Hans Reiser "burns in hell for what he's done to the most amazing person one could meet in their lives."

Doren added, "What's left is to thank Nina's mother Irina (Sharanova) for the amazing person she raised. And hopefully Nina's children will become the same people Nina once was."

One juror said he hopes the judge denies the lesser charge.

"This is terrible," said Vince Dunn, 61. "It's like blackmail. As a juror, I feel it was first-degree murder. He's a coldblooded killer."

Dunn said the deal made it seem like Du Bois was manipulating the system.

"I think that's wrong," Dunn said. "It makes you question the system."

Reiser, in a handwritten note filed with the court last week, attempted to dismiss Du Bois and co-counsel Richard Tamor and hire his divorce attorney, John Fuery.

Reiser claimed Du Bois had a "deep bias" against him. However, in another filing this week, Reiser requested DuBois and Tamor remain his attorneys.

Tamor did not return a call for comment Tuesday. Du Bois said Monday that officials had been working with Reiser on the agreement for at least two weeks.

"His motivation for (taking authorities to the grave) was to put some resolution to the whole thing and improve his posture with the case and bring closure to the family," Du Bois said.

"He realized that to ever be paroled, he would have to acknowledge responsibility and show remorse," Du Bois said.

Hans Reiser met and married Nina Sharanova, a Russian-born and -trained obstetrician and gynecologist, while working in Russia in 1999. They moved to the United States and she was studying to become an U.S.-licensed OB/GYN when she went missing. Hans Reiser was well known in the computer programming world for creating a filing system software for Linux-based systems.

Reiser's trial drew national attention, partly because Nina Reiser's body had not been found, and because during the trial, the prosecution presented a great deal of circumstantial evidence against Reiser. The defense pointed to a lack of direct evidence that linked their client with a killing that had never produced a body.

Reiser attempted to help himself by taking the witness stand for 11 days during the trial. He gave long, rambling answers to sometimes simple questions and had several outbursts in court, many ending in strong reprimands from the judge.

All the while, Du Bois maintained his client's innocence, arguing that Nina Reiser was a deceptive, manipulative woman who searched for dates on Craigslist, was into alternative sexual practices and contrived unfounded disabilities and illnesses for her son.

Du Bois claimed that Nina Reiser was living in her native Russia, where her children have been living with Nina's mother, Sharanova, for more than 18 months.

Bay City News Service contributed to this report.

http://www.mercurynews.com/crime/ci_9822787?nclick_check=1

Posted: Wed Jul 09, 2008 1:47 pm

Software Programmer's Sentencing for Murder Expected to Be Delayed After Wife's Body Found
Wednesday, July 09, 2008

OAKLAND, Calif. â€” The sentencing of Hans Reiser is expected to be pushed back after confirmation that a body recovered in the Oakland hills in California is that of his estranged wife, Nina Reiser.

The prosecutor in the case said both sides will ask for a postponement of Wednesday's scheduled sentencing after Hans Reiser led them to the body.

The prominent software engineer was found guilty of first-degree murder in the case in April even though Nina Reiser's body had not been found.

Reiser, 44, showed police the body in exchange for a chance of a lighter sentence, said prosecutor Paul Hora.

The deal, which must still be approved by a judge, was made with the support of Nina Reiser's family. "Ultimately this was done for the family," Hora said.

Police said Nina Reiser's identity was confirmed by dental records, jewelry and clothing. They said the cause of death is still under investigation and declined to give many specifics of what they found when Reiser led them to the body Monday.

But Oakland police Lt. Ersie Joyner III did say evidence from the grave, which was in a ravine in a park not far from Reiser's house in the Oakland hills, indicates Reiser did not have help from anyone else.

The disappearance of Nina Reiser, who was last seen on Labor Day weekend in 2006 when she dropped off the couple's two children for a visit with their father, had prompted a long and intense search, including the area where the body was found.

But Joyner said the grave was in a remote area at least 40 yards from any path and probably would never have been found without Reiser's directions.

At trial, Reiser adamantly denied he had anything to do with Nina Reiser's disappearance, and the defense suggested she might have run away to her native Russia.

Prosecutors said that was nonsense, pointing out that traces of her blood were found in his home and car. Witnesses testified that she would never have left her children.

Reiser took the stand for several days, giving long, rambling answers and at times getting scolded by the judge for arguing with the prosecutor.

After jurors convicted Reiser, the defense approached prosecutors with an offer, Hora said.

If a judge approves, Reiser will be allowed to plead guilty to second-degree murder in return for showing authorities the body and giving up his right to appeal, Hora said.

Reiser's defense attorneys did not immediately return messages Tuesday. On Monday, his attorneys declined to comment on whether Reiser had been offered a deal.

First-degree murder carries a sentence of 25 years-to-life, compared to 15 years-to-life for second degree murder. That means Reiser could seek parole sooner, although there is no guarantee he would get it.

Reiser had been scheduled for sentencing Wednesday, but Hora said both sides will ask that the hearing be postponed.

Hora said he spoke to Nina Reiser's mother Tuesday morning. He said he is satisfied with the result of the deal, but "I'm also saddened because the mourning process has begun again."

He saw the discovery of the body as vindication for the family considering the defense trial strategy.

For instance, he noted that there were allegations that Nina Reiser's mother had coached the couple's young son, now 8, on what to say in the courtroom. "He drew a picture of his father walking down the stairs with Nina in a bag," Hora said. "Nina was found in a bag."

The deal means Nina Reiser's family doesn't have to live with uncertainty, Hora said.

"Now the family gets to pick the burial site, not the defendant," the prosecutor said.

http://www.foxnews.com/story/0,2933,378501,00.html

Posted: Wed Nov 04, 2009 11:52 am

Hans Reiser Sentenced to 15-to-Life

* By David Kravets Email Author
* August 29, 2008 |
* 2:21 pm |
* Categories: Hans Reiser Trial

OAKLAND, California â€“ Linux guru and convicted murdered Hans Reiser was handed a prison sentence of 15-to-life Friday, putting a final capstone on a case that began as a murder mystery, and ended with Reiser leading police to a makeshift grave a short distance from where he strangled his wife.

"I wish to humbly apologize to society for my crime," Reiser said in a statement before his sentence was pronounced. "Every human life is sacred. I took the life of a human being and Iâ€™m very sorry for that."

Hans Reiser killed his wife, Nina, at about 4:30 p.m. on Sept. 3, 2006, according to the belated confession Reiser wrote as part of his deal, said prosecutor Paul Hora after the sentencing. He first punched her in the mouth, cutting his hand, then strangled her to death.

He briefly stored the body in the bathroom, then moved it to his car, where it stayed for two days while he searched for a place to bury her.

Reiser_1
Nina Reiser, at age 31, was last seen alive at Hans Reiserâ€™s house in the Oakland hills on the day of her murder, when she dropped off the once-happy coupleâ€™s two young children to stay with him the Labor Day weekend. The couple were in the middle of a heated divorce.

The developer of the ReiserFS file system becomes eligible for parole in about 13 years, having already served two years since his October 2006 arrest.

The 44-year-old defendantâ€™s jury trial here concluded in April this year with Reiserâ€™s first-degree murder conviction. That carries a 25-to-life term, but the authorities, in a backroom deal, later offered him 15-to-life if he produced his wifeâ€™s body and waived any rights to appeal his conviction.

Hans Reiser arrived in court today in his red jumpsuit wearing a long-sleeve undershirt, his hair wild and unkempt. Reiser was wearing a chain around his waist, linked to his handcuffs. With no jury to impress, there was no longer a need for Reiser to have a haircut and a suit.

The courtroom was filled, and nearly all the jurors from his trial earlier this year were seated in the front row of the gallery. When they saw one another, they exchanged hugs.

The start of the hearing was delayed, as Judge Larry Goodman met with Reiser and the attorneys in chambers. Reiser sat reading through his 30-page transcribed confession he produced under the terms of his new agreement, which, in addition to leading the police to Ninaâ€™s remains, required him to waive his right to appeal. Just before noon, defense attorney William DuBois returned to the court room, leaned over the table, and told Reiser, "If it takes until midnight, youâ€™re going to be sentenced today."

The court came to order at 1 p.m. Judge Goodman got right to business. He pointed out that since the verdict, several significant events have occurred, including the agreement, which would turn Reiserâ€™s first-degree murder conviction into second-degree. The judge asked Reiser if he understood he was waiving all of his rights to appeal, and Reiser said yes.

Reiser_2
But the proceeding ground to a halt when Goodman asked Reiser if he had received competent council in regards to the plea agreement. There was a long pause and Reiser lowered his head. He mumbled something. After repeating the question several times, Goodman finally asked DuBois what Reiser was talking about. Du Bois said he knew, but that it would not be good for the defendant, and asked if they could go to chambers.

They quickly returned, and Goodman formally found Hans Reiser guilty of second-degree murder. Reiser was allowed to give a statement before being formally sentenced.

Reiser vowed to try to make up to society for what he had done. He said he was putting Namesys and ReiserFS into a trust fund his children, and that he hoped to earn money while in prison to make their lives a little more comfortable, "assuming Iâ€™m able to get access to a computer and the internet."

He also apologized for depriving Anthony Zografos, Ninaâ€™s boyfriend, of their lifetime together, and robbing Ninaâ€™s mother of her daughter. "I know how much she loved her."

Finally, Reiser said he admired the district attorney and the police for their skill and dedication.

The courtroom seemed to exhale as the final chapter in the long Reiser saga closed.

"Heâ€™s expressed remorse," said Hora later. "But whether itâ€™s actually sincere â€” time will tell."

http://www.wired.com/threatlevel/2008/08/hans-reiser-s-1/