All Douglas Hayward stories in the Financial Times eventually come true - Hewlett Packard
SAN QUENTIN State Prison inmate, convicted wife-murderer and former Linux file-system programming entrepreneur Hans Reiser has petitioned the Alameda County Superior Court for another trial, claiming that his attorney provided ineffective legal representation at trial.
In a ten-page handwritten brief filed with the California court that convicted him, the ever bizarre Reiser claimed that his lead counsel, William Du Bois, consulted Chinese astrology during his jury selection, personally hates him, and suffers from an "ocytocin excess" in his brain chemistry that causes him to "enjoy betraying others." He also claimed that Du Bois led him to think he'd get only a three year prison sentence if he led police to his wife's body.
Reiser is referring to the lawyer who begged him to plead guilty to manslaughter to get off with a three-year sentence, represented him throughout a months-long jury trial after he insisted on pleading not guilty, wisely advised him not to take the witness stand in his own defence – which advice he arrogantly ignored, with disastrous results on the witness stand – and then, following his conviction for first degree murder, negotiated his deal pleading to the reduced charge of second degree murder and prison term of only 15 years in exchange for leading authorities to his wife's grave, instead of the 25 year prison sentence that he was about to get handed for first degree murder.
Reached for comment, Du Bois observed that Reiser wrote, "It is a logical necessity that either I am delusional, or [Du Bois] is delusional." Du Bois said, "He's absolutely correct."
It's not likely that Reiser's petition for a new trial will be successful. At his sentencing, he waived his right to appeal his conviction and acknowledged, albeit hesitantly, that he had received adequate legal representation by his defence team, Du Bois and Richard Tamor.
Judge Larry Goodman, who presided over Reiser's trial and sentencing, has already denied certification of probable cause. That means that Reiser's appeal won't proceed.
He stays in San Quentin. µ
Why the hell would someone get less of a sentence for leading them to the body? That makes no sense. It's like getting less of a sentence because of attempted murder, as if they want to let them out early so they can try again and do it better that time.
It seems from many comments on the web that I have read like I am in a small minority, but I still think a persons prison sentence should be decided by the nature of the crime, not on the defendants personality or how much money the court case cost taxpayers. Apparently Nina Reisers life would have been worth anything from 3 years to life depending upon how quickly the court case could be concluded (e.g. how much it would cost), or how co-operative and smart the defendant was.
It seems fairly clear that the murder was not cold blooded and premeditated, but done in the heat of the moment, and also that Hans Reisers wife had subjected him to a high degree of stress and anguish for months if not years prior to the murder. However the severity of the sentence seems more like that usually handed out to serial killers, and apparently mainly because Hans Reisers is obtuse and foolish in the decisions he has made conducting his defence.
Seems like he is getting 3 years for killing Nina and 12 years for having an unlikeable personality. Is this justice? If everyone who would be unable to make a cool clear headed decision in the kind of situations where their very life hangs in the balance were to be put in prison for 12 years, there would be hardly anyone out on the street.
That's what mass murderers get here in sweden. Crazy long sentence for what good? 

Or maybe it'll save the GNU people from yet another crappy fs
Surely This Is The One Story Where He's Actually Qualified To Comment- Given That He Probably Has An Insight Into Producing Reams Of Tedious And Irrelevant Gibberish?

stupidCAPITALISATIONUltie
stolennomenclature wrote:

"Apparently Nina Reisers life would have been worth anything from 3 years to life depending upon..."

No, it was worth three years to life depending on the circumstances of her death. If Reiser had led them to the body before the trial, and the condition of the body indicated premeditation (for example, poison) then the "three year" deal would have been off.

"It seems fairly clear that the murder was not cold blooded and premeditated..."

Really? Based on what? Based on Reiser's word? He lied for eighteen months about killing her at all, lied on the witness stand under oath, but you believe him when he says that it was a "crime of passion"? Even after his conviction, he said that he didn't kill her, his "best friend" did.

"Seems like he is getting 3 years for killing Nina and 12 years for having an unlikeable personality."

Maybe to you, it does.

"Is this justice?"

No, "justice" would be putting Reiser to death by strangulation.
He quite obviously needs a fsck.

Nonya wrote "If Reiser had led them to the body before the trial, and the condition of the body indicated premeditation (for example, poison) then the "three year" deal would have been off". 

But he did lead them to the body, and it did show that the murder was not premeditated, and yet he gets 15 years. The only difference was that he led them to the body after the trial, showing that he got 12 years for inconveniencing the justice department.

Nonya wrote "Really? Based on what? Based on Reiser's word? He lied for eighteen months about killing her at all, ".

And Nonya's conviction of Reisers guilt is based on what? And so what if he lied? Lying and murdering are two different things. Many people tell lies who dont murder. He lied to avoid having to get a prison sentence - who would'nt? Is that any different to the justice department offering him a reduced sentence to help them? The justice system provides for defendants to employ legal counsel to "defend" them from a conviction, so in effect the defense counsel is doing exactly what Resiser was dfoing when he lied - e.g. try to get off without a prison sentence. 
I simply don't see how you can make the connection he lied therefor he must have murdered her in cold blood, and that had he murdered her in the heat of the moment, he would naturally own up.
Being sorry for having done something and wanting to spend years in prison are two very different things.
Nonya wrote "but you believe him when he says that it was a "crime of passion"?".

I believe it because I believe that the prosecution accepted it, and why they were able to reduce his sentence.

Nonya wrote "No, "justice" would be putting Reiser to death by strangulation".

Does Nonya know something about this case no one else does? Even the prosecution accepted that the murder was not premeditated. Unless Nonya has a window into Hans Reisers soul, its hard to see where this seemingly harsh and vindictive attitude towards Hans Resiser comes from. Have they had a bad experience with ReiserFS?
Um I think proper spelling is "waved his right" not "waived", whatcha guys come from, the barn or something? You spell as good as my hoarse.
Reiser's real crime was bilking million$ of $$ from unsuspecting idiots during Y2K, which was a gigantic farce & actually an insider joke, "I wonder how stupid people actually are...."
The Y2K conspiracy worked using the same logic by which my microwave cooks longer when I type in "99" than "123". You think I am joking you? Make sure you have a cup of water in there before you try. And some hot chockit mix. Oh, and a teaspoon.
(Final fact about Y2K is it all happened in 1999, cuz once Y2K actually happened the entire house of cards came tumbling down & all fraud ceased that New Years Eve -- check your histery book)
You know whats tragic about this outcome is that Reiser is providing more and more evidence that he is insane. He should have been sentenced to secure psychaitric care, not jail. People just seem to want to put the boot in becuase he's so dislikable. Sad man. My heart goes out to his poor kids who are the forgotten victims of this tragedy.
Hey grunchy, youtube called, they miss your comments and want you back.

:x


>"The Y2K conspiracy worked using the same logic by which my microwave cooks longer when I type in "99" than "123". You think I am joking you? "

No, why would I? First time you asked it for 99 seconds = 1minute 39 seconds. Second time you asked if for 1 minute 23 seconds = 83 seconds. It all adds up. You could try asking it for 1 minute 99 seconds some time if you want to grok how it works.
Reiser has a LIFE SENTENCE. It's just that he will be eligible for parole after 15 years instead of 25. However, his release is completely up to the parole board. If they want to keep him in prison till he expires they may do so. Even if he gets out, he will be closely supervised until he dies. If he just had a 15 year sentence then he would certainly get out after serving unless he was convicted of another crime in prison and was sentenced to additional time. Then he would be a free man with all the rights privileges of any other felon who had served his time. Big difference.

Premeditation in the US/California doesn't mean you make a plan and follow it, though that is strong evidence of premeditation. Simply thinking about killing someone, then having time to reflect on it before willfully and deliberately killing them is premeditated murder. Hans told his mother in a phone call after the murder that Nina "really was crazy" and he had to protect his kids. He killed her because he thought Nina was hurting his children. That's premeditated murder and the jury got it right.
His FS sux - ZFS FTW!

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