Reiser Wears Down his Lawyer
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AFTER THE HARD DRIVES SURFACED
Hans Talked His Lawyer to Exhaustion
Let me paraphrase the highlights of a very long afternoon for Mr. DuBois who felt the necessity of going over everything that has so far been mentioned, giving his – sometimes clueless - client a chance one more time to explain himself.
Reiser returned to his children’s school on the afternoon of Nina’s disappearance, he now says, because he was procrastinating his cleaning job. He may have seemed nervous because he wasn’t supposed to be the person to pick his children up.
There was a tedious series of questions and answers about Hans’ behaviors with school official and Ellen that afternoon and DuBois was having difficulty getting the expected answers from his client and several jurors were reportedly showing signs of boredom.
Hans was more concise when he explained how his divorce attorney had advised him that the husband is always the number one suspect in a wife disappearance and that he, Reiser, should immediately get a criminal defense lawyer like DuBois. We the learned that Reiser took his children to the beach on September 6th , that he dropped them at school on the 7th and that his mother was to pick them up from school while Hans was busy with the CRX - he says it conked out in San Leandro.
To the apparent amusement of some jurors, the defense team projected a number of candid family pictures asking him to identify is children, Nina, and mother.
Han says that a white powder that was found on the Exeter house’s back porch was corn starch, a foot powder. He claimed that a DA analysis confirmed that. [The jury has seen no evidence of any powder analysis.]
Hans wept when he recounted how his children were taken by child protective services on September 8. He now says that the incident heightened his “paranoia” and prompted him to get rid of the car seat. In Hans’ words, “I just had enough. I just threw it”.
[This may turn out to be a key moment in the case. Do several members of the jury, having the opportunity to see Hans and measure his demeanor, believe of disbelieve this explanation? It was the disposal of something that – to any reasonable person – could be seen as potential evidence, especially for someone who was on notice that he was the focus of a police investigation.]
But Hans’ removal of the stinking trim piece from the CRX was explained differently. “Well, not only did I not have my kids, but I didn't have a home, and this way I could make something that would make the car a bit of a home.”
Just before the break – precipitated by DuBois’ request for a session recess – Hans was on the brink of potential trouble. He had just told the jury that he had removed a sleeping bag from the Exeter house after Nina’s disappearance (he says September 8 or 9).
Was it the same bag that police recovered in the CRX?
Hans: I don't know.
Comments
I’m getting the impression from that some members of the jury are under-whelmed by Reiser’s testimony. Or worse.
A pattern of evasion, obstruction and removal of potentially incriminating evidence is not typically overcome by additional seeming evasion and dissimulation during testimony. Better, in such a situation not to have taken the stand at all. The remaining hope for the defense (with respect to Hans’ testimony) is that at least a critical mass of jurors are somehow persuaded that Hans was at least sincere when he denied killing or harming Nina. That is a matter of chemistry, impossible to predict.
Clearly there were moments today where it appeared that Hans had slipped off “script”, in the sense that whatever testimony he had led his lawyer to expect suddenly mutated into something else. In this situation, it is very difficult for the defense lawyer to hide his frustration from the jury. And it is very difficult for a jury to take the witness seriously. The essential problems with the prosecution’s case remain - it is, after all a circumstantial evidence murder case without an autopsy – but on balance the defendant has helped the prosecution as much as he has helped the defense.
This is an opportunity for the prosecution. If the DA rests without producing effective rebuttal evidence, that opportunity will be lost.
Hans resumes the stand tomorrow, April 3rd.
JBG