Hans Reiser wants a trial do-over.
Reiser is the Linux guru who in April was convicted of the first-degree murder of his estranged wife. He's the same defendant who, in exchange for a 15-to-life term instead of a 25-to-life term, brought authorities to the Oakland hills where he buried Nina Reiser's body.
He even apologized for killing her.
But in a handwritten appellate motion, he is appealing his conviction. Yet there's a glaring problem with this appeal, in which he claims he thought the deal would have only sent him away for three years, not 15-to-life.
When he took the 15-to-life deal in August, he waived his right to appeal. And when entering the deal, he said he understood what he was doing and was represented by effective counsel. The appeal was first reported by the San Francisco Chronicle.
Perhaps Reiser is a little peeved that he turned down a pretrial deal last year with Alameda County Superior Court Judge Larry Goodman, in which the developer of the ReiserFS file system was offered three years if he pleaded guilty and disclosed where he hid 31-year-old Nina Reiser's body.
But the boyhood genius thought he could outsmart the jury, which grew tired of his hours on the witness stand attempting to explain away a myriad of coincidences linking him to his wife's murder -– days of testimony his attorney said was against his advice.
Now the 44-year-old Reiser says he thinks the latest deal was supposed to have netted three years. And he said his lead attorney, William DuBois, who he often butted heads with during trial, was out to get him.
Reiser wrote (.pdf) that he believed DuBois suffered from an excess of oxytocin.
"Persons with oxytocin excess enjoy betraying others," Reiser wrote.
Reiser added, "I believe that the attraction of duping and betraying me exceeded the attraction of duping and betraying a jury, due to my unique personal characteristics."
Reiser demands that DuBois' oxytocin levels be tested, and that if they are high, the courts should determine that Reiser was a victim of ineffective assistance of counsel and be granted a new trial.
DuBois was not immediately available for comment. Trial judge Larry Goodman denied (.pdf) Reiser's handwritten motion, which wasn't even made to a California appellate court.
Reiser called his lawyer delusional and claimed he picked jurors based on Chinese astrology. "It is a logical necessity that either I am delusional, or he is delusional."Threat Level covered the trial gavel to gavel for six months and knows the answer to that question.
The convict is also demanding a polygraph test "to prove my counsel colluded with agents of the State of California to perpetuate numerous other frauds relating to the case."
There ya have it, folks. He really snapped. Never mind he waived his right to an appeal. He's Hans and therefore the world shall give way. *shakes head*
hans is very delusional .I witnessed
ReplyDeletehis beating in San Quentin coupla months ago because he was still delusional when the woods said he was not welcome there , yet he kept insisting on staying in the Badger section and would not transfer..till
they beat him up.Now he's on PC yard I believe...
I still belive in his innocence. Honestly!
ReplyDeleteHow could you believe in his innocence when HE lead them to her body... and they called HIM stupid !!
ReplyDeleteHans sucks dick for protection in prison
ReplyDelete