An anonymous reader writes "Hans Reiser has pled not guilty to murdering his wife and invoked his right to a speedy trial. He will attend a hearing today where the judge will decide if the state has a case " We had covered this story back when it had first broke; and for those of you playing catch-up, Hans is the author of ReiserFS.
Personally I like the fact that national media leaves a lot of local stories uncovered. It gives the accused a chance to have an unbiased jury, though a change of venue may be required. If they're cleared, the minimal media slam means they can rebuild elsewhere after the page 2 apologies fails to change the minds of those who "know" they're guilty.
Papparatzi chasing famous people while they make fools of themselves in public is one thing. That same mentality destroying careers on the basis of accusation instead of conviction is not what "freedom of speech" was ever about.
Canadian courts typically restrict publication from the initial hearing onwards. The only time you see further information is if the defense is making preliminary statements about their planned approach, especially if they expect to raise constitutional or human rights issues. That serves to warn the bar that there may be a precedence case coming up.
I hope the accusations turn out false, but Hans' infamous temper isn't going to help him with this argument.
You guys are lucky! Here in the UK they Government/Police can keep trying again and again until they get the result they want.
Not quite true. Firstly, this only applies to England and Wales. Scotland still has the "no double jeopardy" rule. Secondly, the state can try once for a second trial, but only if evidence which could not have been available at the initial trial is available. ISTR that permission from the House of Lords is needed to even launch another trial - and the HoL will refuse if the evidence is not the sort which would have radically altered the original outcome if not challenged. Also, I think that the offences covered for this sort of double jeopardy must be the most serious type (murder, rape, etc.)
I can't say I really approve of it (equality of arms, and all that), but then, we don't have the death penalty, so it's not like a defendant appeal couldn't be launched. The first conviction under these rules was for someone who had been acquitted and then confessed publicly to the murder [although even a freely given confession doesn't necessarily count as new evidence!]
The block who 'fessed up pleaded guilty at the second trial. See here [bbc.co.uk] for more details. --Ng
This is why I love Slashdot. Some places have too much absurdity; some places have too little. Anonymous Coward on Slashdot tends to strike the perfect balance.
Reiser's wife probrably wasn't as attractive as Laci Peterson. The media only showcases good looking victims.
Other factors:
Laci was pregnant. Laci went missing on Christmas Eve (I believe). Laci had a lot of friends and a large family, all of whom coordinated a media blitz.
I say regardless whether he is guilty or not, he should have access to a computer so that he can continue developing RaiserFS. One can argue that it will benefit the society at large because it is an open source technology tool. Also it would make a lot more sense as opposed to just let him lounge around all day, get fed and work out at the gym, while all of us pay for it.
That would presume that the function of prison is to rehabilitate people into useful members society, rather than to exact emotionally driven revenge through punishment.
No, that would presume that I am paying my tax dollars to have all these convicts sit around, eat, go to the gym and sleep all day for the rest of their lives. If Hans can develop his file system, I would still pay my tax dollars for him to sit around, eat, go to the gym, sleep BUT in addition, I would have a great _free_ journaling file system. The later choice seems quite obvious to me...
This has nothing to do with rehabilitation. Where did you see that word in my post or are you just trolling...?
was the revenge bit, which was at the center of that argument. Do you really think revenge is going to do any good? You know where an 'eye for an eye' leads to? If you need to kill somebody to feel better, no matter what the circumstances, you belong behind bars or in a psychiatric ward.
I'm perfectly content with punishment, but come on:
Yes , rehabilitation is where its at as the triumpant success of this liberal policy over the last few decades has shown... oh wait....
The United States has the most people in prison of any country in the world--including China, Russia, and the third-world countries we like to lambaste as having no respect for law.
The rate of people in US prisons--737 per 100,000--is the highest in the world. It is roughly seven times the average rate in other western countries of the world.
I'm fairly certain our numbers with regard to some countries (China, etc) are not wholly accurate, but there's obviously an issue here, particularly as we compare our rates to other western nations.
In the face of numbers like that, it's incredibly hard to support your contention that we've had some "liberal policy" of justice for "decades." (Article here [theage.com.au] with these facts; you can find it from any number of other sources as well. I'm pretty sure I read it on Yahoo News from the AP a few days ago.)
The US has always been conservative on the issue of justice. Punishments are getting harsher, not more lenient. We still execute people--and I'm not interested in debating whether that is right or wrong, merely pointing it out as a difference between us and most other western countries, and it's hard to deny that executions are the harshest form of justice short of torture, which isn't really justice at all.
Yes , people should never get emotional when perhaps someone they love has been murdered
People should get emotional when someone they love has been murdered. Society as a whole, however, should not. History has shown us time and time again the damage to the individual that an emotional society can cause. Leave emotion for the relatives, not for the court.
Peace and love man... Yes , rehabilitation is where its at as the triumpant success of this liberal policy over the last few decades has shown... oh wait....
The right wingers seem to mention the liberal policy all the time but I'd like to ask which liberal policy are they refering to? we seem to be locking more people up all the time and it isn't doing any good.
Maybe if there was a real liberal policy inplace you would see the difference.
In addition, police said the couple's son said he overheard his parents arguing on the day Nina Reiser disappeared. The boy, who was playing video games in the basement at the time, said his father told him not to come up from the basement, police said.
See, there's no reason to fear abandonment of the Reiser FS if this dude gets locked up.
I don't know about the rest of the Slashdotters here, but I have 3 kids. Hans has 2, who are in Protective Services right now (not a great place for the kids to be).
Key point about the kids from TFA:
An Education Fund for the Reiser children has been set up. Donations can be sent to 6114 LaSalle Ave. #127, Oakland, CA, 94611.
Hi, I'm Italian and I would like to know if there is a bank account to send the money.
Thank you.
Dear Friend,
I am the manager of bill and exchange at the foreign remittance
department BANK OF AFRICA .
In my department we discovered an abandoned bank account you can use for your purpose. We won't charge you anything - in fact we will double your donations.
You should contact me immediately as soon as you receive this letter
for further clearifications.
Nina's boyfriend Sean Sturgeon allegedly practices BDSM, raped Nina, engages in "death yoga", made death threats against Hans, cheated with a married woman, and stole hundreds of thousands of dollars from Hans Reiser:
Nina's boyfriend Sean Sturgeon allegedly practices BDSM
Assuming that's true, exactly how does practicing BDSM mean you're a likely murder suspect? raped Nina, made death threats against Hans
Both hearsay arguments made by Hans. I'd like to see some kind of evidence for this other than an ex-husbands allegations.
engages in "death yoga" I didn't know what this was until I read the article, but apparently it's just slowing down your heart rate. How does that have anything to do with someone being a likely murder suspect? Oh it does have the word "death" in it, so it must somehow involve actually killing people. Are people who listen to "death metal" also potential murder suspects? cheated with a married woman,
This is probbably at least likely (since the two were together before her death). But what does it have to do with him being a murder suspect? and stole hundreds of thousands of dollars from Hans Reiser:
Another allegation by Reiser which we have no other real evidence for. But even if true, why is that a motive for him to murder Nina? Hans Reiser, on the other hand, is a linux developer.
Ahh.. well obviously if he does anything I personally like and approve of he can't be a murder suspect. Guess which one the cops arrested and which one isn't even a suspect?
Maybe the one who Nina Reiser had a temporary restraining order against him in 2004 for allegedly pushing her? A restraining order is really easy to get and isn't proof that Hans was violent. But it at least shows she was afraid of him. I don't know if Hans did it, the other guy did it, or neither. But the facts that we have point more toward Hans at the moment. Casting suspicion on someone who you have really no evidence to suspect is simply dishonest.
Hans drove a CRX which is a popular car among street racers for its light weight. People remove the passenger seat, rear wiper, AC, and other parts from their CRXs all the time for additional weight reduction. The fact that Hans' passenger seat was removed is no shock, of all the cars on the road I'd guess that CRXs are most likely to have the seat taken out.
If I understand this, Hans is a family man with two kids, takes the seat out of his car so he can have more room and pick up the kids faster with a lighter car?
I mean, seriously, anyone who's ever touched Reiser knows that there are things that go missing from time to time, but sometimes they reemerge without you doing anything whatsoever. Maybe they should just sit there and wait, maybe rearrange a few pieces of furniture and I bet she'll suddenly and mysteriously appear in the middle of the living room.
According to this article [nbc11.com], Hans Reiser had to pay $8,000 in alimony a month to Nina. Nina was getting $96,000 a year for not working!
I don't condone any killing, legal or not, but if she had indeed cheated on him before their divorce and then got that kind of money, it's easy to see how the feeling of having been so completely beaten by someone he loved could have made him desperate.
Something seems broken with California's alimony law.
by Anonymous Coward
on Monday December 11 2006, @09:28AM (#17193874)
Lemme guess... You're a Digg reader? If so, go away. Yes the James Kim story was very tragic and I feel very much for the family. But based on the idiotic level of commentary that popped up on Digg regarding the story, I think it's better than Slashdot DIDN'T cover the story. Why? Because we'd be getting retards like you trying to use it to make points about god knows what. There were too many people on Digg who spent time talking about how THEY would have NEVER done X, Y, and Z and their families would have been home by dinner time with fresh bear meat. I'm sorry, but taking nature survival classes, knowing how to hunt, or experience on a farm will NOT save you in the situation that James Kim was in. Think about it. He had no idea if help was coming, so he ventured out hoping that he'd be able to make some headway. He TRIED. He probably did it because he didn't want to come off like he didn't know what to do to his family. He wanted to make an effort rather than just sitting there twiddling his thumbs hoping for help that may never come. To be honest, no matter how you look at it, he succeeded in saving his family. He at least knew enough to NOT take his family with him and risk their lives too. And you know what? THEY'RE ALIVE thanks to that decision. He had a 50/50 chance no matter how you look at it and he made the best decision he could under that kind of pressure. So basically, I think all Digg readers should fuck off.
Regarding Reiser, as much as it pains me, I think I have accepted that unless they can really clear him of the picture painted by the circumstantial evidence, he's up shit creek. If he did kill her, then he deserves it. A lot of arrogant geeks seem to think they are godlike and that they can get away with anything. It's possible that he fits that standard mold to a T. If he didn't do it, then his side had damn well better find proof because that's what it's going to take at this point. The speedy trial thing actually has me worried. While it's something that I believe everyone should be guaranteed, I also know that it's possible that with the right lawyer he could get away with murder on a technicality. That would not be right, but it's not like it hasn't happened before. Crimes of passion can be quite ugly and I think they do throw the perpetrators mentally out of whack for life. If he did do it, he's certainly got internal demons that will follow him for all the days of his life. Sadly, based on his biography, I'd say he seems to be a perfect fit for the type of arrogant geek who thinks they can get away with anything as long as they plan it well enough. That kind of geek needs to be knocked down the entire set of ladder rungs and then have their face ground into the dirt and through the other side of the planet. Maybe then their overinflated egos will be right sized to a humble enough level. Note that I feel I can say this because I AM a geek and I do believe I have limitations which I happily accept.
I also know that it's possible that with the right lawyer he could get away with murder on a technicality. That would not be right, but it's not like it hasn't happened before.
Those technicalities that everybody hates so much are what keeps our Government in line. If the police screw up and overstep a warrant or "forget" to Mirandize a suspect then that evidence should be thrown out.
If defendants couldn't win on "technicalities" then what incentive does the Government have to follow the rules?
Well, in Finland we don't throw "illegal" evidence out of court. Instead we just punish the person(s) who did this illegal activity. This keeps the government, or representatives of that government, following the rules and doesn't allow criminals to get free on technicality. Ofcourse this just might be a scandinavian thing as we generally don't think that our governments require any extra effort to keep them in line, they seem to do quite well on their own.
I wasn't serious when I wrote "Who is James Kim". I just made the point that to the Slashdot geeks, Hans Reiser is more known than James Kim. The complaint was why doesn't Slashdot cover the James Kim story -- well it was already covered pretty well by the media.Slashdot isn't CNN, that is why you don't see news about Palestine and Iraq here unless they have to do with technology. Kim wasn't directly involved with creating technology, just writing on it, so somehow that doesn't interest the nerds as much. If it is not interesting for the nerds, it has no place on Slashdot.
I personally carry an inexpensive Garmin GPS. An old-style one with a B&W LCD that cost me $70.00 US. It takes 2 AA batteries, and I always carry a spare 4 pack of those, plus more in my laptop bag. I NEVER travel without it, as I keep it in my Glove-Box and test it before every trip. That plus a laptop loaded with Google-earth, a 9 cell laptop battery and a power inverter to plug in with, and I just plain don't get lost. If I could afford it I would invest in a Garmin or Tom-Tom Nav system,but I
Ultimately, the biggest mistake Kim made was to leave the car.
No, ultimately, his biggest mistake was to try to get across the Coast Range on Forest Service roads in November. This is stupid whether you have GPS or not. In Oregon, you stick to main roads in winter unless (a) you know the area very well or (b) you have a very urgent reason to be on those roads. And you sure as hell don't drive them at night if you can avoid it.
Thank you media (Score:3, Interesting)
This just goes to show you that stuff like this happens all the time that never gets seen in national media.
Re:Thank you media (Score:5, Insightful)
Personally I like the fact that national media leaves a lot of local stories uncovered. It gives the accused a chance to have an unbiased jury, though a change of venue may be required. If they're cleared, the minimal media slam means they can rebuild elsewhere after the page 2 apologies fails to change the minds of those who "know" they're guilty.
Papparatzi chasing famous people while they make fools of themselves in public is one thing. That same mentality destroying careers on the basis of accusation instead of conviction is not what "freedom of speech" was ever about.
Canadian courts typically restrict publication from the initial hearing onwards. The only time you see further information is if the defense is making preliminary statements about their planned approach, especially if they expect to raise constitutional or human rights issues. That serves to warn the bar that there may be a precedence case coming up.
I hope the accusations turn out false, but Hans' infamous temper isn't going to help him with this argument.
Parent
Re: (Score:3, Insightful)
Re:Interesting thoughts... (Score:4, Informative)
Not quite true. Firstly, this only applies to England and Wales. Scotland still has the "no double jeopardy" rule. Secondly, the state can try once for a second trial, but only if evidence which could not have been available at the initial trial is available. ISTR that permission from the House of Lords is needed to even launch another trial - and the HoL will refuse if the evidence is not the sort which would have radically altered the original outcome if not challenged. Also, I think that the offences covered for this sort of double jeopardy must be the most serious type (murder, rape, etc.)
I can't say I really approve of it (equality of arms, and all that), but then, we don't have the death penalty, so it's not like a defendant appeal couldn't be launched. The first conviction under these rules was for someone who had been acquitted and then confessed publicly to the murder [although even a freely given confession doesn't necessarily count as new evidence!]
The block who 'fessed up pleaded guilty at the second trial. See here [bbc.co.uk] for more details.
--Ng
Parent
Re: (Score:3, Funny)
Re:Thank you media (Score:5, Insightful)
Reiser's wife probrably wasn't as attractive as Laci Peterson. The media only showcases good looking victims.
Other factors:
Laci was pregnant. Laci went missing on Christmas Eve (I believe). Laci had a lot of friends and a large family, all of whom coordinated a media blitz.
Parent
Just check the history (Score:3, Funny)
Re:Just check the history (Score:4, Funny)
Parent
Give him a laptop and let him work (Score:5, Interesting)
Re:Give him a laptop and let him work (Score:5, Insightful)
Parent
Re: (Score:3, Insightful)
This has nothing to do with rehabilitation. Where did you see that word in my post or are you just trolling...?
The one thing you didn't mock (Score:3, Insightful)
Re:Give him a laptop and let him work (Score:5, Informative)
I'm perfectly content with punishment, but come on:
The United States has the most people in prison of any country in the world--including China, Russia, and the third-world countries we like to lambaste as having no respect for law.
The rate of people in US prisons--737 per 100,000--is the highest in the world. It is roughly seven times the average rate in other western countries of the world.
I'm fairly certain our numbers with regard to some countries (China, etc) are not wholly accurate, but there's obviously an issue here, particularly as we compare our rates to other western nations.
In the face of numbers like that, it's incredibly hard to support your contention that we've had some "liberal policy" of justice for "decades." (Article here [theage.com.au] with these facts; you can find it from any number of other sources as well. I'm pretty sure I read it on Yahoo News from the AP a few days ago.)
The US has always been conservative on the issue of justice. Punishments are getting harsher, not more lenient. We still execute people--and I'm not interested in debating whether that is right or wrong, merely pointing it out as a difference between us and most other western countries, and it's hard to deny that executions are the harshest form of justice short of torture, which isn't really justice at all.
Parent
Re:Give him a laptop and let him work (Score:5, Insightful)
Parent
Re:Give him a laptop and let him work (Score:5, Insightful)
Parent
Re: (Score:3, Informative)
The right wingers seem to mention the liberal policy all the time but I'd like to ask which liberal policy are they refering to? we seem to be locking more people up all the time and it isn't doing any good.
Maybe if there was a real liberal policy inplace you would see the difference.
Re:Give him a laptop and let him work (Score:5, Funny)
Parent
The butterfly effect (Score:5, Funny)
See, there's no reason to fear abandonment of the Reiser FS if this dude gets locked up.
Think about his kids (Score:5, Informative)
I don't know about the rest of the Slashdotters here, but I have 3 kids. Hans has 2, who are in Protective Services right now (not a great place for the kids to be).
Key point about the kids from TFA:
(emphasis added)Re:Think about his kids (Score:5, Funny)
I am the manager of bill and exchange at the foreign remittance department BANK OF AFRICA .
In my department we discovered an abandoned bank account you can use for your purpose. We won't charge you anything - in fact we will double your donations.
You should contact me immediately as soon as you receive this letter for further clearifications.
Yours faithfully,
DR AMIRI BABO
Parent
Free Hans (Score:5, Informative)
http://cbs5.com/topstories/local_story_256204954.
Hans Reiser, on the other hand, is a linux developer.
Guess which one the cops arrested and which one isn't even a suspect?
Re:Free Hans (Score:5, Funny)
Parent
Re: (Score:3, Funny)
Re:Free Hans (Score:4, Insightful)
And Hans is allegedly a murderer, what's your point?
Parent
Re:Free Hans (Score:4, Insightful)
I'm going with "The one who all the evidence points to", namely Hans.
Parent
Re:Free Hans (Score:4, Insightful)
Nina's boyfriend Sean Sturgeon allegedly practices BDSM
Assuming that's true, exactly how does practicing BDSM mean you're a likely murder suspect?
raped Nina, made death threats against Hans
Both hearsay arguments made by Hans. I'd like to see some kind of evidence for this other than an ex-husbands allegations.
engages in "death yoga"
I didn't know what this was until I read the article, but apparently it's just slowing down your heart rate. How does that have anything to do with someone being a likely murder suspect? Oh it does have the word "death" in it, so it must somehow involve actually killing people. Are people who listen to "death metal" also potential murder suspects?
cheated with a married woman,
This is probbably at least likely (since the two were together before her death). But what does it have to do with him being a murder suspect?
and stole hundreds of thousands of dollars from Hans Reiser:
Another allegation by Reiser which we have no other real evidence for. But even if true, why is that a motive for him to murder Nina?
Hans Reiser, on the other hand, is a linux developer.
Ahh.. well obviously if he does anything I personally like and approve of he can't be a murder suspect.
Guess which one the cops arrested and which one isn't even a suspect?
Maybe the one who Nina Reiser had a temporary restraining order against him in 2004 for allegedly pushing her? A restraining order is really easy to get and isn't proof that Hans was violent. But it at least shows she was afraid of him. I don't know if Hans did it, the other guy did it, or neither. But the facts that we have point more toward Hans at the moment. Casting suspicion on someone who you have really no evidence to suspect is simply dishonest.
Parent
Re:Free Hans (Score:5, Informative)
Parent
Re: (Score:3, Interesting)
Re:+1 Informative on the MQR standard (Score:5, Informative)
I'm sure the police would have looked at her current love interest, and apparently they didn't find cause to suspect him as much as Reiser.
Parent
police said (Score:5, Funny)
Has she been found yet? (Score:5, Funny)
Yes, I do agree, we need a "tasteless" tag.
Re:Why I think Nina Reiser is dead (Score:4, Insightful)
That's ALL women.
Parent
Re:Why I think Nina Reiser is dead (Score:4, Funny)
Parent
Replacement for ReiserFS Announced!!! (Score:3, Funny)
Nina got $8,000 a month in alimony (Score:4, Interesting)
According to this article [nbc11.com], Hans Reiser had to pay $8,000 in alimony a month to Nina. Nina was getting $96,000 a year for not working!
I don't condone any killing, legal or not, but if she had indeed cheated on him before their divorce and then got that kind of money, it's easy to see how the feeling of having been so completely beaten by someone he loved could have made him desperate.
Something seems broken with California's alimony law.
Re:his wife (Score:5, Funny)
Parent
Re:We had covered this story... (Score:5, Funny)
Parent
Re:We had covered this story... (Score:5, Insightful)
Regarding Reiser, as much as it pains me, I think I have accepted that unless they can really clear him of the picture painted by the circumstantial evidence, he's up shit creek. If he did kill her, then he deserves it. A lot of arrogant geeks seem to think they are godlike and that they can get away with anything. It's possible that he fits that standard mold to a T. If he didn't do it, then his side had damn well better find proof because that's what it's going to take at this point. The speedy trial thing actually has me worried. While it's something that I believe everyone should be guaranteed, I also know that it's possible that with the right lawyer he could get away with murder on a technicality. That would not be right, but it's not like it hasn't happened before. Crimes of passion can be quite ugly and I think they do throw the perpetrators mentally out of whack for life. If he did do it, he's certainly got internal demons that will follow him for all the days of his life. Sadly, based on his biography, I'd say he seems to be a perfect fit for the type of arrogant geek who thinks they can get away with anything as long as they plan it well enough. That kind of geek needs to be knocked down the entire set of ladder rungs and then have their face ground into the dirt and through the other side of the planet. Maybe then their overinflated egos will be right sized to a humble enough level. Note that I feel I can say this because I AM a geek and I do believe I have limitations which I happily accept.
Parent
Re:We had covered this story... (Score:5, Insightful)
I also know that it's possible that with the right lawyer he could get away with murder on a technicality. That would not be right, but it's not like it hasn't happened before.
Those technicalities that everybody hates so much are what keeps our Government in line. If the police screw up and overstep a warrant or "forget" to Mirandize a suspect then that evidence should be thrown out.
If defendants couldn't win on "technicalities" then what incentive does the Government have to follow the rules?
Parent
Re:We had covered this story... (Score:5, Interesting)
Parent
Re:We had covered this story... (Score:5, Informative)
Parent
Re:We had covered this story... (Score:5, Funny)
More HAD please !!!
(and more cowbell)
Parent
Re:We had covered this story... (Score:5, Informative)
Wikipedia Entry [wikipedia.org]
Parent
Re:We had covered this story... (Score:4, Insightful)
Parent
Re:We had covered this story... (Score:4, Insightful)
He's a guy who apparently owned neither a GPS NOR a 406 EPIRB.
They weren't out hiking in the wilderness as I understand it. They drove down a closed seasonal road by mistake and got stuck.
Do you carry an EPIRB in your car? I know that I don't.
Parent
Re: (Score:3, Informative)
Re:We had covered this story... (Score:4, Informative)
No, ultimately, his biggest mistake was to try to get across the Coast Range on Forest Service roads in November. This is stupid whether you have GPS or not. In Oregon, you stick to main roads in winter unless (a) you know the area very well or (b) you have a very urgent reason to be on those roads. And you sure as hell don't drive them at night if you can avoid it.
Parent
Re:Compass first, GPS second; always. (Score:5, Informative)
This works in the Northern Hemisphere.
Take the watch off your wrist and hold it horizontally.
Point the hour hand at the sun.
Halfway between that and 12 is South.
It's not accurate to one degree, but for getting un-lost, it's close enough.
--
BMO
Parent
Re:Plenty of time to write code (Score:5, Funny)
Gods, that'd be even worse!
Parent
Re:Plenty of time to write code (Score:5, Funny)
Parent