Jul 9, 2008 12:40 am US/Pacific
Police Confirm Oakland Remains Are Nina Reiser's
OAKLAND (CBS 5 / AP / BCN) ―
A long-running Oakland murder mystery was nearly solved Tuesday afternoon as investigators confirmed that the body revealed to them by convicted murderer Hans Reiser was that of his estranged wife.
The prominent software engineer was found guilty of first-degree murder in the case in April even though Nina Reiser's body had not been found. Reiser showed police the body in exchange for the chance of a lighter sentence, said prosecutor Paul Hora.
On Monday evening, the 44-year old Reiser led police to the remains, which were in a bag buried in a ravine in an Oakland Hills park. Authorities said they were able to identify the body through dental records, jewelry and clothing.
Oakland police Lt. Ersie Joyner said Nina's body was buried in "a secluded area" 40 yards from any path off the 8200 block of Skyline Boulevard. The grave was half a mile from the Exeter Drive home where Hans lived and Joyner said it probably would never have been found without Reiser's directions.
The cause of the 31-year old woman's death was still under investigation and an autopsy had not yet been conducted. Alameda County Sheriff's Sgt. J.D. Nelson said that because Nina has been dead for nearly two years, it could be difficult to determine the cause.
Joyner said Reiser has made statements to police about how he killed his wife but he declined to publicy reveal those at this time. He noted that evidence from the grave indicated Reiser did not have help from anyone else.
Reiser's revelation was part of a proposed deal that would reduce his conviction from first- to second-degree murder and give up the right to appeal. The deal, which must still be approved by Alameda County Superior Court Judge Larry Goodman, was made with the support of Nina Reiser's family.
"Ultimately this was done for the family," Hora said, adding that he was "confident" the judge would approve it.
After jurors convicted Reiser, the defense had approached prosecutors with the offer, Hora said. Reiser will now face a sentence of 15 years to life in state prison instead of 25 years to life.
Reiser had been scheduled to be sentenced Wednesday but his sentencing will now be postponed, Hora said.
The last-ditch effort was "highly unusual" but does make sense, said Steve Clark, a Bay Area attorney who has been following the case.
"I think it's his only last vestige of an escape route out of this thing," Clark said.
With a reduced conviction of second-degree murder, Reiser's chances for parole would be slightly better although there is no guarantee he would get it, Clark said.
Meanwhile, Nina Reiser's family, including her two young children, don't have to live with the uncertainty, and jurors can know they made the right decision, Clark said.
"It ends any sort of lingering doubt in anyone's mind," he said.
Hora said he spoke Tuesday to Nina's mother Irina Sharanova, who lives in St. Petersburg, Russia with the couple's two children.
He said Sharanova is "very satisfied" that Nina's body has been found but is "also saddened because the mourning process has begun again."
Hora said he wouldn't have let Reiser plead guilty to second-degree murder "without the support and desire of Nina's family."
"Now the family gets to pick the burial site, not the defendant," the prosecutor said.
Hans and Nina Reiser met in Russia, where she was born and trained as a physician, and where he often spent time doing business for his computer file system company.
They married in 1999, but she filed for divorce and separated from him in 2004. Although Nina was awarded legal custody of their children, 8-year-old Rory and 7-year-old Nio, Hans had visitation rights.
The disappearance of Nina Reiser, who was last seen on Labor Day weekend in 2006 when she dropped off the couple's two children for a visit with their father, had prompted a long and intense search.
During Reiser's six-month trial, the defense had argued that there was no direct evidence linking their client to his wife's disappearance and suggested the Russian native might have run away to Europe.
Prosecutors said that was nonsense, pointing out that traces of her blood were found in his home and car. Witnesses testified that she would never have left her children.
Reiser took the stand for several days, giving long, rambling answers and at times getting scolded by the judge for arguing with the prosecutor.
After the verdict, a juror said one factor in the jury's decision was that Reiser appeared arrogant when testifying and unsympathetic to his estranged wife.
One of Reiser's lawyers, Richard Tamor, said Tuesday that he believes Reiser had two motives for leading authorities to his wife's body now.
He said the first motive was "purely selfish" in that Reiser wanted his first-degree murder conviction reduced to second-degree murder.
The second reason, Tamor said, is that Reiser had "a change of attitude" and "wants to give closure to his children and his wife's family."
Nina Reiser's best friend reacted by saying that she hoped Hans Reiser "burns in hell."
In an e-mail sent after she learned of the latest developments, Ellen Doren wrote, "I hope Hans burns in hell for what he's done to the most amazing person one could meet in their lives."
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