Mar 27, 2008

Judge denies 2nd motion for mistrial in Reiser murder case

Bay City News

A judge Wednesday denied a motion for a mistrial by Oakland computer engineer Hans Reiser in his trial on charges he murdered his estranged wife Nina, who disappeared on Sept. 3, 2006.

Alameda County Superior Court Judge Larry Goodman said prosecutor Paul Hora did nothing wrong last month when he cross-examined defense witness Beverly Parr, a psychiatrist and friend of Reiser and his mother, who testified that she thinks Reiser might suffer from a form of autism called Asperger's disorder.

Wednesday's ruling was the second time in a month that Goodman has denied a motion for a mistrial filed by Reiser's attorneys.

Exactly a month ago, on Feb. 26, Goodman denied a motion for a mistrial filed by defense attorney William DuBois that alleged Goodman made "inaccurate, intemperate and unfair" remarks in front of jurors when the judge reprimanded DuBois while the attorney was cross-examining prosecution witness Ellen Doren, who was one of Nina Reiser's best friends.

Nina Reiser was last seen alive when she dropped off the couple's children at the house where Hans Reiser was living with his mother.

Nina and Hans met in Russia, where she was born and trained as a physician, and where he often spent time doing business for his file system company. They married in 1999, but she filed for divorce in 2004 and was awarded legal custody of their children, although he had visitation rights.

Even though Nina's body has never been found, in October of 2006 Hans Reiser was charged with murdering her because prosecutors believe DNA and blood evidence proves that he killed her.

He has pleaded not guilty to the charges against him.

DuBois has said that Nina may still be alive and in hiding somewhere, possibly in Russia.

Jurors in Reiser's lengthy trial, which began on Nov. 6, are on vacation this week, but Reiser, his attorneys, Hora and another prosecutor were in court today to go over the exhibits in the case and to debate the motion for a mistrial.

The trial will resume next Tuesday, when Reiser will return to the witness stand for an eighth day of testimony.

In his motion for a mistrial, DuBois said he put Parr on the witness stand to testify that Reiser "exhibited the mannerisms of a computer geek and the lack of social skills consistent of Asperger's disorder."

DuBois said he deliberately did not ask Parr her opinion as to whether Reiser, if he does indeed suffer from Asperger's disorder, "would therefore be mentally incapable of forming the intent requisite to premeditated murder."

DuBois alleged that Hora "intentionally elicited testimony" from Parr that was inadmissible by asking Parr if someone with Asperger's could premeditate and have the intent to kill. Parr said someone with Asperger's could in fact premeditate and have the intent to kill.

DuBois charged that, "The prosecutor (Hora) unmistakably insinuated to the jury that the defendant (Reiser) was indeed incapable of premeditated murder."

DuBois asked Goodman to declare a mistrial or at least strike Parr's testimony about premeditation and the intent to kill from the record.

Goodman denied both requests.

DuBois then complained that Goodman intimidated Reiser last week when he warned Reiser that he shouldn't be disrespectful or condescending while he's on the witness stand.

But Goodman, who also told Reiser last week that, "You are not in a position to control this court," said he doesn't think he has intimidated Reiser at all.