[conspire] (forw) Re: [Evals] Hans Reiser found guilty

Rick Moen rick at linuxmafia.com
Mon Apr 28 22:40:25 PDT 2008

----- Forwarded message from Rick Moen <rick at linuxmafia.com> -----

Date: Mon, 28 Apr 2008 22:34:42 -0700
From: Rick Moen <rick at linuxmafia.com>
To: evals at lists.merlins.org
Subject: Re: [Evals] Hans Reiser found guilty

Quoting Chris DiBona (cdibona at gmail.com):

> Maybe the children being involved counted as a spousal kidnapping and
> qualified as a kidnapping-related first degree murder?

Nothing I ever saw claimed he was ever accused of kidnapping, let alone
convicted.  Based on today's reporting, I can only guess that the jury
believed the prosecutor proved some kind of willful, deliberate, and
premediated killing.  (Apologies for my typo, earlier, where I wrote
"kid" in that phrase instead of "kind".)

Here's the literal California statute that defines first-degree murder
(and distinguishes it from second-degree), Penal Code section 189:

   All murder which is perpetrated by means of a destructive
   device or explosive, a weapon of mass destruction, knowing use of
   ammunition designed primarily to penetrate metal or armor, poison,
   lying in wait, torture, or by any other kind of willful, deliberate,
   and premeditated killing, or which is committed in the perpetration
   of, or attempt to perpetrate, arson, rape, carjacking, robbery,
   burglary, mayhem, kidnapping, train wrecking, or any act punishable
   under Section 206, 286, 288, 288a, or 289, or any murder which is
   perpetrated by means of discharging a firearm from a motor vehicle,
   intentionally at another person outside of the vehicle with the
   intent to inflict death, is murder of the first degree.  All other
   kinds of murders are of the second degree.

> Rick, were you there? 

Nope.  As before, I'm doing my best to interpret news reports, primarily
from David Kravets of _Wired_ and Henry K. Lee of the _Chronicle_.

> If they appeal, they might aim for a reduced charge?

I probably shouldn't speculate on what appelate judges could in theory
do, because I really am not briefed on that and haven't done the

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