Content provided in partnership with
Reiser's attorney says murder still unproven
Oakland Tribune, Apr 22, 2008 by Chris Metinko
OAKLAND -- The attorney for Hans Reiser argued Monday the prosecution in his client's murder case has failed to prove Reiser killed his estranged wife -- if she is even dead at all.
During his third day of closing arguments, William DuBois again told the jury that the software engineer's odd behavior after his wife went missing does not prove guilt, because he is an "eccentric intellect."
DuBois told the jury that his client is not normal and that his strange behavior -- such as not looking for his wife and ripping the passenger seat out of his car -- does not illustrate his guilt, but rather his eccentricities.
- Most Popular Articles in News
- The Ten Best Laptop bags
- Tata plans cheapest-ever car for Indian market
- GLOBALIZATION AND THE DEVELOPMENT OF UNDERDEVELOPMENT OF THE THIRD WORLD
- Corn is good for you; Corn is not only a tasty treat, but also a cereal that ...
- THE 50 BEST STYLISH HANDBAGS TO CARRY
- More »
"I've stipulated he's not normal," DuBois said. He then turned to his client and said, "Sorry, Hans, you're not normal."
DuBois said all the jury needs to dois look at the video of him explaining his computer file system at a seminar at Google to see he is a "genuine nerd" and not like most other people.
DuBois added his strange behavior "is not because he is hiding evidence, but because he is strange."
However, DuBois added, if jurors do find his client guilty, they should convict him of voluntary manslaughter -- not the more serious charge of murder -- because the crime would have been committed in the "heat of passion."
Nevertheless, DuBois' main point was that the prosecution has not proved beyond a reasonable doubt its case against Reiser.
"We don't know if she's dead," DuBois said. "If she is, we don't know how she died."
He added, if Nina is dead, there is no proof his client is guilty.
"We submit to you the reason it's so hard to prove this case is because he did not commit the crime," DuBois said.
To try to help prove his client's innocence, DuBois again went back to testimony of the Reisers' oldest child, Rory, who was 6 when his mother disappeared.
DuBois told the jury that on three different occasions between September 2006 and December 2006, Rory told investigators and the court that he saw his mother leave his father's home after she dropped him off Sept. 3, 2006.
However, during Rory's testimony in November, he did not repeat the same story.
During his rebuttal, which started late Monday and is expected to continue today, prosecutor Paul Hora said Rory was simply too young to accurately remember what happened that day. He pointed to transcripts of Rory's interviews to show how the young child sometimes changed his stories about events in the same interview.
Hora also told the jury he finds it odd the defense has changed stories during the trial, first claiming that Nina ran away to Russia and is still alive, and now saying she is likely dead but that Reiser did not kill her.
"They're talking out of both sides," he said.
After Hora is done with his rebuttal and the jury is given final instructions, the jury will begin deliberation -- likely either today or Wednesday.
About the case
Hans Reiser is accused of killing his wife, Nina, who was last seen alive Sept. 3, 2006. The couple involed in a bitter divorce at the time of her disappearance. Despite exhaustive searches of the Oakland hills and other areas, Nina's body has never been found. Reiser has pleaded not guilty to her murder. The defense claims Nina may not be dead at all, but hiding in her native Russia.
Get the verdict on your cell phone. Sign up for "Breaking News" alerts.
c2008 ANG Newspapers. Cannot be used or repurposed without prior
written permission.
Provided by ProQuest Information and Learning Company. All rights Reserved.
