The Out-Lawyer's Blog: The Hans Reiser Trial

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Breaking... Opening statements postponed until tomorrow.
J
Monday. It Beigns….

Did Hans Reiser Commit murder? Where is the body?

Computer guru, Hans Reiser is being tried in Oakland for the murder of his wife, Nina.
The corpus delcti is still missing and no one, save her putative killer, has seen Mrs. Reiser dead. Wisely, the Alameda County DA’s office is not seeking the death penalty; it will be difficult enough to obtain a conviction as it is.
The couple was in marital trouble before Mrs. Reiser’s sudden disappearance (yes there are blood traces in suspicious places), and their children have been spirited away to Russia by “grandma” who lives there. Their involuntary extradition is not a reasonable prospect. Paul Hora, an experienced trial lawyer, is handling the prosecution; the unflappable and even more experienced Bill DuBois is the defense attorney.
I will have something to say about this interesting case in this space from time to time.
But to follow the action hour to hour, I recommend the blog by the San Francisco Chronicle’s Henry K. Lee who is attending the opening statements as I type these words. The link is www.sfgate.com/ZBLH .
The case is nicely balanced, with a tilt towards the prosecution.
Here is the key and what to watch for: What will the jury hear – or be able to infer - about the character of the defendant, Hans Reiser.
To prevail, the defense team will need to fill in the blanks about this man. Who is he really? Is he capable of murder? What makes him tick?
If Reiser is ready and willing to testify in his own defense, it would be a mistake – in my armchair opinion – not to put him on the witness stand. Yes, there are always pitfalls with that approach, and any cautious defense counsel will always be tempted to run the classic “reasonable doubt” gambit without putting his client to the test. But I have a gut feeling that approach will not work here. I suspect that a little more is needed. Does the defense have it? Will Mr. Reiser be willing to undergo cross examination?
The opening statements may reveal the first shadowy outlines of the defense.
Or not. An experienced and inherently cautious defense lawyer like Bill DuBois may want to play his cards closer to the vest.
JBG

The Out-Lawyer's Blog

The Hans Reiser Trial

Breaking... Opening statements postponed until tomorrow.

J

Monday. It Beigns….

Did Hans Reiser Commit murder? Where is the body?

Computer guru, Hans Reiser is being tried in Oakland for the murder of his wife, Nina.

The corpus delcti is still missing and no one, save her putative killer, has seen Mrs. Reiser dead. Wisely, the Alameda County DA’s office is not seeking the death penalty; it will be difficult enough to obtain a conviction as it is.

I will have something to say about this interesting case in this space from time to time.

But to follow the action hour to hour, I recommend the blog by the San Francisco Chronicle’s Henry K. Lee who is attending the opening statements as I type these words. The link is www.sfgate.com/ZBLH .

The case is nicely balanced, with a tilt towards the prosecution.

Here is the key and what to watch for: What will the jury hear – or be able to infer - about the character of the defendant, Hans Reiser.

To prevail, the defense team will need to fill in the blanks about this man. Who is he really? Is he capable of murder? What makes him tick?

The opening statements may reveal the first shadowy outlines of the defense.

Or not. An experienced and inherently cautious defense lawyer like Bill DuBois may want to play his cards closer to the vest.

JBG

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