Local News

Judge: Reiser Turned Down 3-Year Manslaughter Deal

OAKLAND (CBS 5 / AP / BCN) ― Convicted Oakland murderer Hans Reiser, facing life in prison for killing his estranged wife, had a chance at a pretrial deal that could have set him free as early as next May, a judge said Wednesday.

The deal that would have reduced Reiser's charge to manslaughter involved him leading authorities to the location of his wife's body and telling prosecutors what happened.

"He chose to, if you will, roll the dice and go to trial," Alameda County Superior Court Judge Larry Goodman said as the 44-year-old Reiser, wearing a red jail jumpsuit, sat silent before him in an Oakland courtroom.

The gamble ultimately failed, and Reiser was found guilty of first-degree murder in April even though no body had been found. Days before his sentencing, Reiser finally agreed to show police where he buried Nina Reiser, this time in hopes of trading in the same information for a second-degree murder plea.

Both charges carry a maximum of life in prison, but the lesser murder charge would allow Reiser to seek parole at 15 years instead of 25.

That deal, worked out by prosecutor Paul Hora and defense attorneys, still must be approved by Goodman. The judge said he hasn't made up his mind yet and wants to make sure it's "ironclad" that Reiser won't try to get out of his obligations, which include waiving his right to appeal.
 
Goodman also noted that the numbers 15 years to life and 25 years to life "are meaningless" because they only indicate when a convicted felon becomes eligible for parole.

He said a decision on releasing a person on parole is based on many factors, such as the viciousness of the crime and the person's willingness to accept responsibility for their crime.

Goodman added that some people convicted of second-degree murder serve more time that those convicted of first-degree murder.

David Turner, a retired audio technician from Oakland who was juror No. 5 in Reiser's six-month trial, said he was happy that Goodman noted there's no guarantee that Reiser will ever be released from prison, even if his conviction is reduced to second-degree murder.

"A lot of money was wasted for sure" because Reiser turned down a pretrial offer and instead insisted on going through a lengthy trial, Turner said. "It's kind of disconcerting, but it's our system."

"I'm glad (the jury) reached agreement on murder one because that gave Paul (Hora) some leverage" in getting Reiser to reveal where he buried Nina, Turner added.

Reiser, a computer software programmer known in programming circles for his ReiserFS file system, was in court Wednesday for what was his scheduled sentencing, but the hearing was postponed to Aug. 13 because of the prospect of the new deal.

Although he hasn't given formal approval, Goodman said Nina Reiser's family supports the agreement "100 percent" and noted that it has given them a chance to bury the 31-year-old mother of two and not have to live with lingering uncertainties.

Meanwhile, the judge took the opportunity to fill in the public on what Reiser had passed up.

Before the trial, Reiser was offered an opportunity to plead guilty to voluntary manslaughter, which carries a maximum sentence of 11 years, Goodman said. The judge then sweetened the deal, offering to impose the minimum sentence of 3 years to spare Nina Reiser's family the ordeal of the trial as well as save taxpayers the expense of what turned out to be a six-month proceeding.

Considering the time Reiser has served since being arrested in 2006, Reiser probably would have been free by next May, the judge said.

But Reiser rejected the offer, denying he had anything to do with the disappearance of his estranged wife, who was last seen dropping off the children at his house in the Oakland hills on Sept. 3, 2006.

That changed after his conviction in April, defense attorney William Du Bois said outside court Wednesday.

"We talked about this a lot. What he was going to do with his life ... and how he could improve the lives of his children and Nina's family as well as his own situation," Du Bois said.

Earlier this week, Reiser, handcuffed to his lawyer, led police to his wife's body buried in a park not far from his house. Authorities have released few details of what happened to Nina Reiser, saying they don't want to talk until the agreement is finalized.

The Reisers, who were divorcing, had been engaged in an intense battle over the children and Du Bois would say only that "this occurred during the course of an argument, a very intense argument over the custody of the children."

Du Bois said Reiser did not tell his defense attorneys during the trial what really happened. At trial, Du Bois suggested that Nina Reiser was still alive and had run away to her native Russia.

Reiser testified for several days, getting scolded a few times by the judge for giving rambling answers and arguing with lawyers.

Du Bois said the defense "never would have allowed him to testify had he told us what had happened." The attorney had advised Reiser to take the manslaughter deal before the trial started.

"Clients do not have to take their lawyers' advice, but lawyers have to give it," Du Bois said.

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