Linked by Thom Holwerda on Thu 28th Jun 2007 18:50 UTC, submitted by Punktyras
Linux "Hans Reiser is waiting for me, standing on the other side of an imitation-wood table. The room is small, the concrete walls bare. A guard locks the steel door from the outside. There is no sound. Reiser is wearing the red jumpsuit of a prisoner in solitary confinement, though he has been allowed to meet with me in this chilly visiting room. There was a time when he was known as a cantankerous but visionary open source programmer. His work was funded by the government; he was widely credited (and sometimes reviled) for rethinking the structure of the Linux operating system. Now he is known as prisoner BFP563."
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Evidence
by Nologic on Sun 1st Jul 2007 09:37 UTC
Nologic
Member since:
2007-07-01

Well I know first hand that Hans will likely be found guilty.

It has nothing to do with evidence, facts, truthfulness of witnesses, or anything else that any reasonable person would expect to influence the outcome.

Most people conclude that you are guilty just by the fact you have been accused...some here have already stated one must prove innocence, rather than the state proving guilt.

My brother is doing 14 years for allegedly sexually abusing his daughter.

Funny thing is I had seen both of them 15min prior, heard them talking 3min prior to when the primary offense was suppose to have taken place. I'm a family member so discounting my testimony would be understandable, however my testimony was never allowed to be heard.

Nor was the testimony from a police officer that was told by the alleged victim that nothing happened.

Nor was the results of a polygraph test...which by no means prove innocence but certainly should lead a person to view a person in a better or worse light.

A rape kit was taken and examined but the results were not released to the defense and later it would be found to be destroyed...and still the results unreleased.

Bed sheets that allegedly had vaseline smeared all over them have come up missing...supposedly sent to the state patrol crime lab, but they report never having received them or anything else involved with the alleged crime, nor do they have any record of the alleged crime in their database.

The alleged victim while on the stand couldn't give accurate times...I'm not talking minutes or hours or even days or months...we are talking years.

The alleged victim testified that nothing happened during dates the state argued that abuse was taking place.

Testimony given conflicted often with prior statements, both from the alleged victim, and her mother.

Financial records that showed my brothers wife withdrawing large sums of money starting months prior, and bills going unpaid that she was responsible for...where simply not allowed.

I'm not sure how one would reasonably describe it but 4th or 5th party hearsay testimony was allowed in from a man that hears voices and thinks people are out to get him was allowed in...this nut job once shot his own brother during one of his episodes yet is out walking free.

The fact my brothers wife as actively at the time engaged in an affair was also not allowed in.

Jury members where allowed to disregard court orders as long as it seemed it would favor the state.

When the court bailiff discovered (prepostactive) jury tampering by the state it was blown off.

The judge was offered explicit pictures of the alleged victim taken during the rape examination by the prosecutor. By the way the prosecutor now denies she ever had any pictures of the alleged victim, even tho its clearly her offering them during trial.

I have a ton more bitching and belly aching about that trial.

The moral of this post is simply if you stand accused of a serious crime, RUN!!!!!!!!!!!!!!!!!!!!!!

By no means be the fool that my brother was and stand trial and think that you'll get a fair shake, because you WON'T!!

Hans well be found guilty, and it has nothing to do with him being guilty.

Reply Score: 1

RE: Evidence
by sbergman27 on Sun 1st Jul 2007 13:36 in reply to "Evidence"
sbergman27 Member since:
2005-07-24

Sorry about your brother.

But if your example is representative of all cases of a person being accused of a crime then 100% of accused people would be found guilty. I don't have the figures. But it is a perfectly testable assertion. And I doubt that the conviction rate of accused individuals is anywhere near 100%.

Anyway, just to keep this sort of on this site's topic of "Exploring The Future Of Computing", here is a link to an article about another interesting filesystem taking shape. The fellow behind it is Chris Mason, the guy who added journalling to Reiser3 several years ago. Whereas Reiser4 has always looked like "just a bunch of hype" to me, btrfs' feature set actually looks useful to me as an administrator:

http://lwn.net/Articles/238923/#Comments

Edited 2007-07-01 13:38

Reply Parent Score: 2