Linked by Thom Holwerda on Tue 29th Apr 2008 08:21 UTC, submitted by Jason Slack
Law and Order In October 2006, Hans Reiser, creator of the ReiserFS filesystem, was arrested under the suspicion of the murder of his wife, Nina, who had disappeared off the face of the earth after dropping their two children off at Hans' home. The two were divorced, and fighting a legal battle over ownership of the Namesys company and the custody of their children. Even though the body was never found, he has been declared guilty of first degree murder.
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The american justice system seems flawed.
by nxsty on Tue 29th Apr 2008 09:01 UTC
nxsty
Member since:
2005-11-12

I wont speculate in if he's guilty or not, but I find this a bit disturbing:

Hora showed jurors a video of Nina Reiser at her son's 6th birthday party, ending with a freeze-frame of the mother kissing her son's cheek. He also played jurors a tape of an interview with Rory outside of court in which the prosecutor asked the boy if he knew where his mother was.

Rory said he didn't, and that made him feel sad.

"What did you like best about her?" Hora asked.

"Everything," said the boy.


What does this have to do with the case and why is it even allowed in the court? This is obvioulsy just to appeal to the jurors emotions, thereby blurring their judgement, and says nothing about whether he's guilty or not.

I've read about other cases as well where the prosecutor used realtives to the victim to get someone convicted when they otherwise had nothing to do with the case.

giddie Member since:
2008-04-29

I imagine this was used to illustrate how close Nina and her children were, to aid in the argument that she wouldn't leave them willingly.

Reply Parent Bookmark Score: 5

FreeGamer Member since:
2007-04-13

Still, I know a mother who does not live with her kid and she kisses him/her on the cheeks regularly and her kid says he thinks his mum is awesome. It's absolutely irrelevant what they showed in court. (Note I'm not disagreeing with you, but with the court process here.)

Reply Parent Bookmark Score: 16

jack_perry Member since:
2005-07-06

It is routine for defense lawyers to do exactly the same thing: picture a weeping old lady saying, "My boy would never do such a thing. I don't know why you people are pickin' on 'im. It's his friends that did it and set him up." &c.

There's a reason that lawyers don't have the best reputation in this country.

I was under the impression that prosecutors could not do this sort of thing until the sentencing phase of the trial, in which case it would be relevant to how heinous the crime is, and how long the perpetrator deserves to sit in jail. Apparently I was wrong.

Reply Parent Bookmark Score: 2

de_wizze Member since:
2005-10-31

You may have been right but there is always precedence ...

Reply Parent Bookmark Score: 2