Intellectual Property Law

Hans Reiser to Testify; Judge Says Sufficient Evidence to 'Sustain a Conviction'

By Ryan Singel, Kevin Poulsen, Sarah Lai Stirland, Kim Zetter, and David Kravets

Oakland, California -- Hans Reiser is to testify.

On Tuesday, the judge in the Hans Reiser murder trial announced that decision, outside the jury's presence, while reviewing scheduling for the rest of the trial. Reiser, accused of killing his wife Nina on Sept. 3, 2006, is expected to take the stand here Thursday, Alameda County Superior Court Judge Larry Goodman said.

The popular Linux programmer has pleaded not guilty. He claims he did not kill his wife, that she fled back to Russia, where the couple met in 1998 while the defendant was overseas hiring Russian programmers for his Namesys company, based in Oakland. The divorcing couple has two kids, a boy now 8 and girl now 6, whom the defendant maintains his wife abandoned.

It was expected that the defendant would testify. His attorney, William DuBois, said months ago his client wanted to tell his story to jurors, despite DuBois recommending against it.

Upcoming is a hearing in which Goodman is expected to deny DuBois' motion to dismiss the charges or to declare a mistrial.

During the morning session, the defense attempted to convince jurors that the defendant could not have killed his wife because he did not readily license his ReiserFS filesystem.

Regarding the trial schedule: There is no court March 4 and March 10-13. Also, court is dark March 24-27. Trial is always dark on Fridays. Jury deliberations could come in early April. Opening statements began Nov. 6.

After a brief break, Goodman denied the defense's motion to dismiss the charges. The defense made the motion after the prosecution rested its case two weeks ago.

DuBois' motion was based on his belief there was not enough evidence linking Reiser to the allegations. The judge disagreed. "The evidence is sufficient to sustain a conviction," the judge ruled.

Testimony resumes here Wednesday.

THREAT LEVEL is providing gavel-to-gavel coverage.

Sketches by Wired's Norman Quebedeau.

See Also:

• Hans Reiser Murder Trial: The Vilification Defense Begins -- UPDATE II
• Prosecution Rests in Hans Reiser Murder Trial; Defense Moves for ...
• Nina Reiser's Mother Testifying Hans Reiser Said Nina Was a 'Bad ...
• Nina Reiser's Mother, Defense Attorney Verbally Sparring at Hans ...
• Nina Reiser's Last Phone Call Was to Hans Reiser on Day She ...
• Nina Reiser's Mom Sobbing on Witness Stand -- UPDATE
• Hans Reiser Murder Trial Refocusing on Nina Reiser -- UPDATE

Full post as published by Threat Level on February 26, 2008 (boomark / email).