Comment by masklinn
2 years ago
What sentence of 3 years are you talking about? The judge offered (and prosecutors agreed to) a plea guilty of second-degree murder (down from the first degree murder he was convicted of) if he revealed the location of the body and gave closure to her Nina’s children and family.
He got 15 to life, the maximum for second-degree murder, and his first request for parole was rejected so he’s doing at least 20 for now.
What you describe happened after the trial. The offer of 3 years happened before the trial:
>An Alameda County Superior Court judge confirmed today Hans Reiser was presented a deal last year in which the convicted murderer would have only served three years in prison. During what was supposed to have been Reiser’s sentencing hearing – which has been delayed due to this week’s events – Judge Larry Goodman, in an effort to clear up what he called inaccuracies in the media, said that Reiser was given the opportunity last September to plead guilty to voluntary manslaughter. While voluntary manslaughter can carry different prison terms, Goodman said he agreed to give Reiser three years – the lowest possible term – to spare Nina Reiser’s family the turmoil of going through a trial and having the couple’s oldest son testify. Goodman pointed out in court if Reiser had accepted the deal, he would have been released in May 2008. However, Goodman said Reiser chose to “roll the dice,” and a jury convicted Reiser April 28 of first-degree murder in the killing of his wife.
https://www.mercurynews.com/2008/07/09/reiser-rejected-volun...
Remarkable. Would it really have been 3 years if he'd accepted? That seems far too low.
On the other hand, the first degree homicide seems absurd given the evidence. Did they just give him that because he refused to cooperate, and not because it was actually an accurate verdict?
Everything I've seen indicates that the "court" seemed to think it was a case of "murder in red blood" or whatever they call getting angry and killing your wife these days, with a dose of "very intentional coverup afterwards".
Had he driven the car with her dead body directly to the police, he probably would have received the three year sentence or even less.
More has come out since the trial (and mostly on account of Reiser himself making very hard to walk back claims on the record in another court case).
2 replies →
> Would it really have been 3 years if he'd accepted? That seems far too low.
The prosecution offered the deal because historically convicting someone of murder when you can't find the body is nearly impossible. But Hans found a way!