[conspire] Reiser trial: DNA tests partially flubbed, defence motion for mistrial

Rick Moen rick at linuxmafia.com
Thu Feb 7 22:23:55 PST 2008

Quoting Christian Einfeldt (einfeldt at gmail.com):

> Wow, now as I read the above, and not personally knowing anything
> other than the evidence adduced above, which I take it is only
> evidence admitted by the court, I am actually wondering if there was
> even a crime here at all.  Based on this evidence, all we really have
> is a missing person and a neurotic, sloppy man cleaning his car after
> having driven it around a bit near the time that the victim was last
> seen.

I'm not convinced either -- but at the same time, what you've omitted is
that Hans was not merely neurotic and sloppy, but rather committed a
number of quite suspicious-seeming actions immediately after his
estranged wife's disappearance (an estranged wife against whom he had a
couple of rather powerful known grudges).  

Are those grudges sufficient evidence of "mens rea" (guilty state of
mind), often somewhat inaccurately described as "motive"?  Dunno; ask
the jurors.  And the physical evidence doesn't look relevant and
competent to me, but, again, I'm not on this jury.

> I am inherently skeptical of mob justice, and accusing someone of
> murder or even thinking of them as a murderer is such a denigration to
> the character of the accused that I don't like to develop an opinion
> that someone is a murderer without good cause.

Certainly, one would not normally voice such suspicions in polite
society.  I might, however, legitimately privately speculate about
possible murderous acts by about various people I know, not just Hans.
For all I know, all of you have been doing the "Arsenic and Old Lace" 
routine in your respective basements.  ;->

FWIW, I _have_ felt quite comfortable hanging out with Hans.  If, as I
currently estimate, he is aquitted either soon or following a mistrial
and either second trial or not (if the DA gives up), then I look forward
to hanging out with him again.

Whether what I "currently estimate" accurately reflects the progress of
the trial and its impression on the jurors depends on how well I've read
the case from reporters' comments, and on the jurors themselves.

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