Hans Reiser To Reveal Location of Wife's Body 882
dlgeek writes "The story of Hans Reiser is well known to all Slashdotters by now. Some still placed doubts about the conviction, stating that he might be innocent. It now seems that all doubt has been quelled, since Alameda County District Attorney Thomas Orloff has revealed that Hans Reiser will disclose the location of Nina's body for a reduced sentence.
The deal is not yet finalized, though. 'There's been some overtures,' Orloff said, 'But everything is in its preliminary stage.' The deal would reduce his conviction from first degree to second degree murder. In addition, an anonymous source close to the situation said that 'the only real leverage he has is if he can provide a body. He really doesn't have any options left. Even if he won a retrial somehow, he'd likely be convicted.'"
World's Greatest Detective (Score:5, Funny)
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(Let's see if we can get Taco to come in here eventually.)
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No. You must be new here. :-)
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Newb.
waits for it...
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you aren't keeping current, are you? the moslems are the new 'black guys'. everyone just moved up one peg.
isn't america great?
(ob disc: 'mind of mencia' joke. you really need to hear him tell it.)
Re:World's Greatest Detective (Score:5, Funny)
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Re:World's Greatest Detective (Score:5, Funny)
It's mere coincidence that the actual killer thought the same way.
Re:World's Greatest Detective (Score:5, Interesting)
Problem is, he thought he was so smart that that sort of illogic would bamboozle at least 1 of 12 jurors. Let me be the first to say "I told you so!" All you who said he didn't do it, welcome your new "I told you so" overlords.
He's only doing this because the body will eventually be found anyway, in which case, "In Soviet Amerika, body reveals YOU (to be a killer)."
Jurors aren't (usually) stupid.
Re:World's Greatest Detective (Score:5, Insightful)
You've been watching too much TV. You also forget that both sides can challenge potential jurors, either for cause, or for no cause whatsoever. The people who don't want to do their civic duty will lie to get out of jury duty - that leaves a pool of people who are there, for the most part, because they won't concoct BS stories to get out of service, and take their committment to a fair trial seriously. I've not only seen real juries, I've sat as a juror in a murder case.
Besides, the proof is in the pudding - the jury got it right, despite the lack of a body, which SO many slashodotters claimed was a fatal flaw in the case against Reiser.
Re:World's Greatest Detective (Score:5, Interesting)
Sorry about the "TV" remark - it's just that people believe in "Law and Order" momemts. Jury duty is WORK, not a show.
Nowadays, jurors will hear evidence related not just to DNA, but also blood spatter analysis, cellphone tower coverage and call records, autopsy reports, reports from the cops, EMT and doctors on the scene, other experts and witnesses, as well as the defendant. They get the reports, records, photos, and the actual evidentiary pieces, such as the murder weapon(s), clothing, etc. to take with them into the deliberation room.
They also get careful instructions from the judge.
Then again, we do things differently in Canada. For example, unlike the US, jurors are forbidden, under penalty of going to jail for 2 years, of ever revealing anything that was said or done during deliberations. To avoid even the appearance of impropriety, I told my employers that I would only hand in the notice for the trial AFTER it was concluded, and I didn't tell anyone who was on trial - I didn't want anyone searching the net or reading newspaper articles and accidently influencing me. Jury duty pays $90/day, plus transportation, parking, and meals; I lost money, and so did other jurors, but obviously some things are more important. People that don't want to make the sacrifices (including, in this case, a whole month off work), aren't the type of people you want on a jury anyway, right?
Think about it - there are no "tell-all" book deals by jurors after a trial in Canada - and I believe it's better that way. We reached a decision. How or why we reached it is just between the 12 of us. We'll never talk about that part of it again, even amongst each other.
Re:World's Greatest Detective (Score:5, Funny)
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I hope this finally serves as a "wake up call" for Linux lickers and lovers that using Linux does increase chances of violence and murder. For too long now Linux lovers have accused Microsoft of tomfoolery, when Microsoft has only delivered wholesome, moral, and radidly patched products.
Perhaps now they'll finally start listening to the studies that Linux and open-source leads to genital herpes and PWNING your wife with a .45 and a shovel.
Re:World's Greatest Detective (Score:5, Funny)
All coding and no play makes Hans a dull boy.
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Who said Reiser doesn't support robust recovery? (Score:4, Funny)
Re:Who said Reiser doesn't support robust recovery (Score:5, Funny)
WRONG BITCH! (Score:5, Insightful)
#ifdef __cplusplus
#define NULL 0
#else
#define NULL ((void *)0)
#endif
More about NULL [c-faq.com]
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Re:*sigh* (Score:5, Insightful)
Which, while it might be true, is still stupid.
Imagine if Albert Einstein had accepted the position of leader of Israel after World War II and ordered some massive war crime, like say slaughtering the Arabs with nukes.
Would we just toss aside General Relativity, never to see it again, because we don't want to be associated with the author?
Re:*sigh* (Score:5, Informative)
Heisenberg also worked for the Nazi's and attempted to build a Nuclear bomb. That one however is debatable. He later claimed he was secretly sabotaging the project.
I think what will have to happen is ReiserFS will need to change its name. Once they do that then ithey will be able to move the project forward.
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Whether it influenced his joining the SS or not, civilian rocketry was forbidden by the Nazi party, so it was either join them or don't do it. While I don't know his personal beliefs, in many ways he was a victim of circumstance - he was an SS officer before he claimed to have known about the deaths in labor camps (though I'm sure he knew they were anti-semitic) and at one point was under investigation by the gestapo during the war for anti-patriotic thinking. Given the situation and the government running a police state spying and incarcerating anyone that opposed them, I imagine he felt powerless to change it.
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"The rocket worked perfectly except for landing on the wrong planet." -- von Braun after hearing about a V-2 launch towards England
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Yeah, while we were initially concerned he might have been a Nazi, when we tried to test that theory, as soon as we measured his rate of allegiance, his position became uncertain....
Name change (Score:5, Interesting)
Re:Name change (Score:5, Funny)
mount
fsck.nina
the joke goes on and on...
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By an application of the theory of relativity to the taste of readers, today in Germany I am called a German man of science, and in England I am represented as a Swiss Jew. If I come to be represented as a bête noire, the descriptions will be reversed, and I shall become a Swiss Jew for the Germans and a German man of science for the English! (To The Times (London), November 28, 1919, quoted in The New Quotable Einstein by Alice Calaprice, 2005, ISBN 0-691-12075-7)
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No way! (Score:5, Funny)
They should at least rename it to try to distance the software as much as possible from its creator....
Nah. I may be a dorky white guy who's never been in a real fight, but now that I'm using a murderer's filesystem I feel, like, totally gangsta.
Don't take that away from me.
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Honestly, I don't see how this invalidates his work. Surely the code didn't drive him to commit murder.
Disclaimer: I use ext3, but I'm sure reiserfs has some merits.
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reasonable doubt (Score:5, Insightful)
You shouldn't. To most people, even people who "defended" him, it was more likely than not that he was guilty. But the legal criterion is "beyond a reasonable doubt". I think based on the publicly released evidence, there was still a reasonable doubt.
I still don't feel really comfortable with jurors making decisions based on "looking into people's eyes", as one of the jurors was saying; given how many people believe in astrology, mind reading, new age, and other supernatural stuff, I think there there's a lot of potential for bad decision making there. And there are, indeed, lots of wrongful convictions, so it's not like the system is working perfectly.
Still, it looks like the jurors were right on this one.
Re:reasonable doubt (Score:5, Insightful)
I still don't feel really comfortable with jurors making decisions based on "looking into people's eyes"
Frankly, that bothers me a whole hell of a lot less than the fact that he was convicted of murder without any significant evidence his wife was dead as opposed to simply missing.
Re:reasonable doubt (Score:5, Interesting)
One of the people he claimed to have murdered is still alive.
Re:*sigh* (Score:5, Insightful)
This being said though, I prefer ZFS myself
Also, considering Microsoft has so many employees, I have no doubt, that there have been people working there that comitted far worse than a crime of passion. Doesn't mean that the product is bad... Well, okay it is, but not because of some employee going nuts.
Besides, I think there are many CEO's or CFO's or any C?O's out there that have comitted far worse than a single murder, like Shell pumping oil in africa, killing thousands knowingly by pollution. If you'd go your route, you wouldn't be able to get groceries anymore in a normal fasion, because the truck getting the groceries might have filled it up with diesel at a shell.
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The modern body of medical knowledge about how the human body reacts to freezing to the point of death is based almost exclusively on these Nazi experiments. This, together with the recent use of data from Nazi research into the effects of phosgene gas, has proved controversial and presents an ethical dilemma for modern physicians who do not agree with the methods used to obtain this data.[17] Similarly, controversy has arisen from the use of results of biological warfare testing done by the Imperial Japanese Army's Unit 731.[29] However, the results from Unit 731 were kept classified by the United States and the majority of doctors involved were given pardons.[30]
Re:*sigh* (Score:4, Insightful)
Whoa there, never feel like a moron for defending the accused before (most of?) the evidence is in and the jury has deliberated; that's the whole point of the innocent until proven guilty system. Otherwise we'll have to chant 'burn the witch' before the dunking tests.
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RTFA (Score:5, Informative)
Re:*sigh* (Score:5, Insightful)
It's like they're making a fake murder case.
I'm almost convinced that they are.
And regarding the lack of a body - that hasn't been needed for a conviction for many years, simply because there are so many ways to dispose of a body such that there is no way anyone on Earth will ever find it again.
Looking at the facts, Reiser's estranged wife disappeared off the face of the earth without even attempting to contact her own children, and shortly afterwards he's found to have removed a seat from his car, hosed down the inside and taken a book called "How to get away with murder" out of the local library. He'd have needed a pretty good alibi to shoehorn reasonable doubt into those facts.
Am I missing something or (Score:5, Interesting)
No where in the article does it say that he has agreed to it, they are speculating that there might be a reduced sentence if Hans discloses where the body is. Also, he is most likely going to be someone's "slave" once he is in prison, so if he gets 15 or 25 years it is most likely going to be in protected custody (= voluntary solitary confinement) and 15 years alone is going to mess him even up let alone 25 years, either way he is done for.
Glad I'm not in the US, getting life in prison for something that has way too many loose ends, just isn't right.
(On a side note, whats with those extremely long terms in prison? Anyone going in for 25 years will never be able to get back into society - I thought the point of prison was to punish and correct the guilty and get them back into working order. There was a couple who got life in prison for mistreating their child to the point of death (raised her as a vegan) - a British couple got 3 years community service for the same thing)
Re:Am I missing something or (Score:5, Insightful)
Long terms in prison tend to be the result of mandatory minimum sentences. Politicians, in a zeal to "fight crime!!111" have placed certain minimum terms on crimes, so judges can have their hands tied in sentencing. For the record, depending on which case you're thinking of, the US couple got 99 days in jail. And none of it was related to the death of their child, it was for neglect of their other four children (being underweight and malnourished).
Re:Am I missing something or (Score:5, Insightful)
Prosecutor: Come on, you've been found guilty. Your only hope of improving your situation even slightly is to admit you did it and tell us where the body is.
Reiser: Didn't do it.
(lather, rinse and repeat)
Re:Am I missing something or (Score:5, Insightful)
I thought the point of prison was to punish and correct the guilty and get them back into working order.
That can be a point of prison but there are at least four not always compatible reasons from prison:
1. Deterrence.
2. Reformation.
3. Punishment.
4. Removal.
Ultra long sentences serve 1,3, and 4 at the expense of 2. Furthermore, reform tends to get lip service at best in the US. We're generally a revenge minded lot Who Want Criminals Off The Street And Thinking Twice About Messing Up.
Re:Am I missing something or (Score:5, Insightful)
While I can follow the logic - if people fear prison, harsher sentences will make them fear it even more - I think making prison sentences too harsh will force people to become desperate, desperate animals will fight to their death and thus you end up with more violent arrests where the one being chased will have no regard for others life since their own life is now on the stake.
Here in Denmark we used to have next to no high speed chases, when police came you would generally just give up, get the slap on your wrist, serve the time and get back out for a second try. Lately sentences has gone up, crime has become more violent (but less frequent) and you hear about high speed chases about once a week.
Yes it sucks that people only serve 6 months in jail for rape (in Denmark), but at what point have they suffered enough? Will someone ever be punished enough for the victim to feel restitution? (I think it has been proven that having the victim and perpetrator meet along with counseling works better, than locking him up for umpteen years)
(Disclaimer been victim of assault and I think the 2 month probation and an apology was sufficient - also been victim of a hit-n-run where I think the driver got correct sentence (lost his license for a year and have to do a full drivers test to re-qualify) and paid for destruction of property)
Re:Am I missing something or (Score:5, Insightful)
I guess Nina is going to have a hard time "reaquanting herself with the social order" given that she's now in permanent "non-voluntary solitary confinement".
As for the starvation of a defenseless child... I don't even know how you can trivialize something like that.
Huh.
Punishment here seems to fit the crime.
Got any Line? (Score:5, Funny)
Got any lime?
The Anastasia mail order bride ad (Score:5, Funny)
I would really like to know (Score:5, Funny)
Let's wait until he does cough it up. (Score:5, Insightful)
Where is the Corpus Delicti? (Score:5, Interesting)
IANAL, but in all the Perry Mason stories I read, the trial always start with proving Corpus Delicti which, as Perry Mason always explains, is not the body of the victim, but a proof that a crime was committed.
In this case, I wonder: wasn't Reiser committed wrongfully? Because if finding the body could turn the conviction from first degree to second degree murder it clearly means that first degree murder hasn't been proved beyond reasonable doubt. At least, "beyond reasonable doubt" doesn't seem like something that could be dispelled by examining a body that has been hidden for several years.
And what if, after examining the body, evidence is found that death could have had a natural cause, or be a suicide? With that reasonable doubt, would the conviction be reversed?
Finally, the juror mentioned in this article [wired.com] that made his decision based on the accused's eyes really scares me. What if I had been tried? Would a crazy schoolteacher send me to prison for life because he didn't like the look in my eyes? There's so much debate on lie detectors in general, experts cannot agree on which subtle body signals will tell if someone is lying or not. If trained police agents, people with vast experience in interrogation practices, using advanced equipment for evaluating stress, cannot tell for sure if someone is lying or not, how come a fifth-grade schoolteacher is able to tell just by a glance at the eyes?...
I'm not saying Reiser is either guilty or not. But that juror's statements make me hope I never stand trial, not under that system, unless there's at least one honest man [imdb.com] in the jury to restrain the crazy old schoolteachers.
ReiserFS Undelete Option Shown (Score:5, Funny)
this reminds me of oj simpson (Score:5, Insightful)
the hans reiser case reveals that techies suffer this same sort of prejudice as black people concerning oj simpson. had this guy not authored a file system,
1. no one would care about this case
2. most would assume his guilt
a lot pof people here think of themselves as intelligent and unbiased. if you assumed reiser's innocence, take a good har dlook in the mirror. tribal-level prejudice flows in your veins
Re:this reminds me of oj simpson (Score:5, Insightful)
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Re:this reminds me of oj simpson (Score:5, Interesting)
Yup. I think that such biases are actually stronger in support of someone for irrational tribal reasons than they are, these days, when it comes to being irrationally against someone who's not in your tribe. Classic examples these days would be the small number of people who poll saying they'd vote against Obama because he's black, compared to the huge number who will (and say they will!) vote for him because he's (to whatever degree) black. The folks who completely tossed their reason out the window over Reiser because he's a fellow nerd really do get a chance to stop and think, now. It's very similar to those that tolerate script kiddies and web site defacers because they feel some kinship to them, despite the fact that if the same kids did something similar in meat space (to their car, with spray paint) they'd get all upset.
It was fair to assume Reiser's innocence until the testimony and his behavior started stacking up.
interesting insight on possible outcomes (Score:5, Insightful)
Conclusion: Either he is guilty and gets 15 years or he is innocent and gets 25 years.
For that reason I think the whole idea of "making deals" should be tossed out. Criminals should not be allowed to trade aspects of their crime to reduce their sentence. All that seems to do is encourage them to plan their crime more carefully so they have more "bargaining power" if caught. If he did it, and hadn't hid the body as well, and they found it, he wouldn't be offered this option to reduce his sentence.
Although someone else said that recently no governor has granted parole for anyone convicted of 1st or 2nd degree murder, so it may not matter either way. The "to life" probably will be applied.
Bad Summary! (Score:4, Informative)
Ad on the /. page... (Score:5, Funny)
Am I the only one who got the inline Flash ad image for a Russian dating service on this
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Re:fuck (Score:5, Insightful)
This means, of course, that if you are innocent, it sucks to be you when you front up to a parole board.
Disclaimer: I garnered my knowledge from someone who was innocent but in jail, and also the movie Double Jeopardy, starring Ashley Judd.
Re:Nerds and Geeks (Score:4, Insightful)
The evidence one hears in the press of her blood in the car, the front seat mysteriously gone missing with no explanation, and the car hosed down inside, all might tend to point to something that was perhaps unplanned (you'd think a nerd could plan it better), but OTOH we didn't hear all the evidence, and the jury that did hear it apparently thought it was planned (maybe for the exact reasons you suggest).
Re:Nerds and Geeks (Score:4, Insightful)
No disagreement there.
a sociopath
That is a scientific term with specific meaning. I have seen no evidence that he is.
must be imprisoned for life
Why? We let lots of murderers go after only a few years. Hell, you'll get more jail time for selling pot than you will for murder.
Oh, and if you do include yourself amongst those who might even consider killing someone over a spurt of fury or over a great disappointment, then you have serious issues my friend. I recommend a group of good mental health professionals.
Sorry to say it dude, crimes of passion are in the human genome and there is nothing you can do about it. Want proof? Ask any parent if they could kill someone who harms their children. I know I could. If anyone touched my son or daughter, there wouldn't be enough left to identify.
I used to be afraid of big dogs, I was bitten by a german sheppard when I was a kid. So, I generally avoided them. One day, I was with my son in the park and a couple loose dogs were growling, fighting, and coming toward us. Instinctively I put myself between my son and the dogs, I had to kick one in the mouth before they ran away.
This is a true story, and I tell you, it makes no difference if it is dogs or people, if its your children, you'd kill.
Since we all have the capability of murder, we have to gear our prosecution on the motivations. Self defense, perfectly understandable. Fit of rage? not as bad as cold hearted killer.
Re:Snarky comments (Score:5, Funny)
Have you ever considered that some people might use humor as compensation mechanism to stay sane in an insane world? You may want to stay somber for your own mental health, and that's fine, but have some tolerance for people who want to stay upbeat.
NASA stands for "needs another seven astronauts", btw.
Re:A little compassion, perhaps? (Score:5, Insightful)
How many people here know Hans or Nina Reiser?
Every time something like this happens, the tissue brigade (not that one, the other one) comes out berating others for not being all solemn about it. I don't know Hans or Nina Reiser, or their kids. If I could have intervened to stop the murder of this complete stranger, I would have, but pretending that this emotionally affects me in any way, shape, or form, is just being a drama queen.
It reminds me of when I was a kid and we used to drive out to my grandparents house for Easter on Good Friday and between 12 and 3 - the hours we'd be traveling - my mother would insist that there be no music or discussion in the car, because, you know, Jesus suffered on the cross two thousand years ago during those hours (supposedly). And she's screw on this phony bullshit look of solemnity and I'd just want to ask my father, "Is she REALLY serious?"
I wasn't listen to my Walkman, couldn't play electronic games - nothing. I had to sit there in the car in the fucking purgatory of the Poconos and pretend to be really upset about Jesus dying (which is particularly stupid if you already know the end of the story), but lucky me, I had several days, and several hours, of *church* in front of me to look forward to. Hooray.
This particular case is of interest only because many of us use MurderFS (sorry, sorry, shouldn't make light of this), and if we didn't, this murder really wouldn't make a damn bit of difference any more than the thousands of other deaths happening around the world right now.
As for joking about death, murder, mayhem, genocide - as far as I am concerned, the worst atrocities our species are capable of are definitely worth humor. Humor may be the only thing that even comes close to standing up to the very real and unpleasant reality of our own mortality. There is a big difference between joking about this or any other serious event, and somehow taking pleasure in other peoples' loss. Humor takes a little of the wind out of tragedy. Or it's supposed to, anyway.
I don't know Hans or Nina Reiser, nor the guy on his deathbed in Swaziland who is about to expire right now, and I'm not going to sit here and pretend I am in any way emotionally invested in this enough to alter my behavior. This is how the human psyche works, thank god, or we'd do nothing but sob ourselves to death - what matters is what happens to our respective tribes. Everything outside of that is merely fodder for the rest of humanity to go into phony mourning in a display to everyone of how sensitive they are.
Fuck that shit.