[conspire] (forw) Reiser trial: DNA tests partially flubbed, defence motion for mistrial
rick at linuxmafia.com
Tue Feb 5 20:19:35 PST 2008
Quoting Christian Einfeldt (einfeldt at gmail.com):
> With out a body, there is too much speculation. If we are going to
> deprive someone of liberty, we should have a body and a cause of death
> tied beyond reasonable doubt to the accused.
And, indeed, this is why *I* expect either mistrial or acquittal, based
on the trial so far. That is, I see reasonable doubt in quite a number
of places. The Rory Reiser testimony about Nina leaving and getting
safely in her minivan is just the start of prosecution's perception
problem, in my view.
I personally guess that it's more likely than not that Hans murdered
her -- but that's a far cry from saying prosecution has met the legal
burden of proof for a criminal conviction. No idea how the jury feels,
but to my eyes, that looks like a resounding "no".
> On one hand, it does appear that Hans did some unusual things around
> the time of Nina's death. So it is horrible to think that Hans might
> have killed her and gotten away with it.
Equally disconcerting is the possibility that this happens quite a bit:
A large number of disappearances and murders per year go completely
unsolved, and it's a fair bet that the police catch, and prosecutors
convict, only the stupid, clumsy, and/or hasty killers -- and that all
the meticulous, careful, and patient ones go unnoticed.
> On the other hand, it is more horrible to think that something else has
> happened, and that Hans will lose his liberty without a body and a causal
> link to him.
Until this trial, it hadn't occurred to me that murder trials without a
body (or other positive proof of violent death) _can_ occur. However,
it is logical: The burden of proof is supposed to be the same, either
The remaining question is: What qualifies as a causal link? The law
says: Anything that convinces a unanimous jury, past any reasonable
doubt, that the accused unlawfully killed a human being with malice
More information about the conspire