I can't believe whats going on with this laptop. The bad power system on my acer 5420-5687 is all over the web now. Acer insists I go through Best Buy. Best Buy is willing to do the return if I restore it to 'original condition'. Unfortunately the external drive I used to save the recovery partition to was ntfs and appears to have mangled it. Any ideas.? Does someone have spectacularly good recovery tools for bz2 type archives and ntfs ? Just a cheaper source of the disk image would help but tomorrow is the time limit!<br><br><b><i>conspire-request@linuxmafia.com</i></b> wrote:<blockquote class="replbq" style="border-left: 2px solid rgb(16, 16, 255); margin-left: 5px; padding-left: 5px;"> Send conspire mailing list submissions to<br> conspire@linuxmafia.com<br><br>To subscribe or unsubscribe via the World-Wide Web, visit<br> http://linuxmafia.com/mailman/listinfo/conspire<br>or, via e-mail, send a message with subject or body 'help' to<br>
conspire-request@linuxmafia.com<br><br>You can reach the person managing the list at<br> conspire-owner@linuxmafia.com<br><br>When replying, please edit your Subject line so it is more specific<br>than "Re: Contents of conspire digest..."<br><br><br>Today's Topics:<br><br> 1. Re: Reiser trial: DNA tests partially flubbed, defence motion<br> for mistrial (Rick Moen)<br> 2. Reiser trial: DNA tests partially flubbed, defence motion for<br> mistrial (Rick Moen)<br><br><br>----------------------------------------------------------------------<br><br>Message: 1<br>Date: Mon, 4 Feb 2008 03:33:12 -0800<br>From: Rick Moen <rick@linuxmafia.com><br>Subject: Re: [conspire] Reiser trial: DNA tests partially flubbed,<br> defence motion for mistrial<br>To: conspire@linuxmafia.com<br>Message-ID: <20080204113312.GN16922@linuxmafia.com><br>Content-Type: text/plain; charset=us-ascii<br><br>Following up on one very strange forensics claim in the press, and
some<br>typos/gaffes on my part:<br><br>> Oakland PD criminalist Shannon Cavness [...]<br>> commented that the easiest way to "lyse" (break apart) blood cells and<br>> their DNA is to wash them with water.<br><br>As I read the news accounts that relayed Cavness's remarks, I was<br>thinking "WTF?", but Deirdre the forensics fan covers this point nicely<br>at http://dsmoen.livejournal.com/160047.html:<br><br> Subject: If This Were True, We'd All Fall Apart<br><br> "Earlier in the morning, and still under direct questioning by<br> prosecutor Paul Hora, Cavness told the jury that the simplest way to<br> wash blood -- and DNA evidence -- out of material is to use cold water.<br> She said blood cells lyse -- or break apart -- when introduced to water."<br> [link]<br><br> Keep me away from that water!<br><br> But it's pretty clear to anyone who's watched any forensics shows that<br> washing an area with water does not remove blood evidence. It just<br> washes
most of it away, but there certainly other tests one can do.<br> (Then again, most people think that washing a glass until it appears<br> clean means it is clean, but experienced chemists know otherwise.)<br><br> Anyhow, it's hard to tell without looking at the court transcripts<br> themselves, but I sincerely hoping that most of this is stupid<br> reporting and not stupid forensics. <br><br>I _do_ fear stupid forensics, given how unimpressive Cavness's testimony<br>has been, generally. This whole notion of transporting a corpse in the<br>passenger side of a Honda 2-seater after unbolting a bucket seat -- why<br>not just in the hatchback? -- and then seriously expecting to get blood<br>stains out with water and 1/2 roll of paper towels seems wacked. But<br>then, prosecution's entire theory has the air of post-hoc invention<br>about it. Remember the fantasy about Hans lugging Nina's corpse<br>downstairs to where the living areas are -- in a house whose only
exits<br>are on the top floor? I'm increasingly reminded of preliminary-hearing<br>Judge Julie Conger's remark that she found prosecutors' theory entirely<br>unconvincing.<br><br> <br>> Tu 2008-01-22: Prosecution's case continued with a return visit from<br>> Oakland PD criminalist Shannon Cavness, talking about items found in<br>> Hans Reiser's decrepit 1988 Honda Civic CRX 2-seater a week after police<br>> followed Hans to it on Mo 2006-09-18 on Monterey Blvd., in Oakland's<br>> Montclair District. She described it as in "dirty condition", listing<br>> clutter including a sleeping bag, absorbent cloths, a siphon pump,<br>> plastic trash bags, a roll of paper towels missing about half its 55<br>> sheets, a credit union receipt, a Target receipt from Mo 2006-09-11,<br>> various food items (both eaten and not), toiletry articles, Stockton and<br> ^^^^^ meaning: wrappers thereof, etc.<br>> Manteca street maps, two
books on murder investigations, a Manteca<br>> U-Haul printout from Su 2006-09-17 that detailed a projected trip from<br>> there to Oakland, a Manteca 7-Eleven receipt from the same day, a<br>> Fremont Motel 6 receipt for an overnight stay on Su 2006-09-10, a<br>> 40-piece socket wrench set and receipt from Kragen's Auto Parts, Hans's<br>> We 2006-09-13 Redwood City traffic citation, a Th 2006-09-14 newspaper<br>> article entitled " and 12 mm bolts consistent with those used for the<br> ^ "Police search home of missing woman's spouse" <br>> missing right-side car seat. She said the floorboard was very wet (1/2<br>> to 1 inch of standing water), at the time police found the car, and<br>> commented that the easiest way to "lyse" (break apart) blood cells and<br>> their DNA is to wash them with water.<br><br><br>> What followed after Weisenberg's testimony was yet another bombshell:<br>> Defence counsel DuBois filed a
_motion for mistrial_, alleging improper<br>> conduct (a "false statement") by Judge Larry Goodman in front of the<br>> jury on We 2007-12-12, which DuBois said has prejudiced the jury and<br>> improperly excluded evidence from them. To review, this was when DuBois<br>> was cross-examining Nina's best friend and fellow Russian mail-order<br>> bridge Ellen Doren, and asked if she'd pursued son Rory's claims to have<br> ^^^^^^ er, "bride"<br>> observed Nina leaving the Exeter Drive house unharmed. Doren, who has<br>> consistently been extremely hostile to defence, had said merely "No",<br>> DuBois attempted to follow up, Hora objected, and Goodman angrily and<br>> very loudly intervened. It went like this:<br><br> <br>> On cross-examination, Morasch admitted that the cessation of charges to<br>> Hans's VISA card after August was an obvious and simple consequence of<br>> it being maxed out. DuBois then asked Morasch if he were familiar
with<br>> how Hans paid his employees: "No." (The point, which DuBois is sure to<br>> bring out earlier, is that Hans paid Namesys's Russian staff through<br> ^^^^^^^ "later"<br>> occasional cash transfers.)<br><br><br>> Did Morasch even know that Latvia was _a separate country_? At this<br>> point, Morasch pretty much conceded DuBois's point, that as sudden<br> ^^ "a"<br>> infusion of $8,000 from Latvia was peculiar for Nina, who had no history<br>> with that country at all.<br> <br><br>> DuBois interjected to point out that the matter of custody was still<br>> unclear, and that defence believes Family Court's ability to oversee the <br>> children's welfare from halfway around the world was questionable.<br>> Judge Goodman acknowledged that this subject was still "on appeal" (and <br>> both sides attorneys "stipulated" this fact, which means they agreed to <br>>
regard it as settled and not contest it, nor be able to examine<br>> witnesses on that point) -- which dancing around defendant Hans Reiser's<br>> biggest sort point (the spiriting of his children away to Russia against<br> ^^^^ "sore"<br>> court orders) prompted him to finally speak out-loud, attempting to<br>> address Goodman, in front of the jurors.<br><br><br>> On cross-examination, asked Fanucchi if (in effect) the messages had<br> ^ DuBois<br>> been marked as unheard until Sa 2006-09-23, when Reiser heard them for<br>> the first time.<br><br><br><br>------------------------------<br><br>Message: 2<br>Date: Mon, 4 Feb 2008 09:47:49 -0800<br>From: Rick Moen <rick@linuxmafia.com><br>Subject: [conspire] Reiser trial: DNA tests partially flubbed, defence<br> motion for mistrial<br>To: conspire@linuxmafia.com<br>Message-ID: <20080204174749.GP16922@linuxmafia.com><br>Content-Type: text/plain;
charset=us-ascii<br><br><br>[Forwarded back from another mailing list.]<br><br>Quoting Brian Chrisman (brian@permitsoft.com):<br><br>> I don't know the context, but if she literally means just 'lyse', ie, <br>> bursting the cell membrane, water will do it.<br><br>However, just bursting the cell membranes wouldn't destroy all DNA<br>evidence in white cell and other DNA-bearing blood components (red blood<br>cells have no DNA, but other blood fractions do), let alone prevent a<br>criminalist from detecting there having been blood there at all.<br><br>Remember, Cavness was saying the _only_ blood found in the car was the<br>faint 6" smear of unknown age on the stuffsack. And yet, Hans moved a<br>corpse in that car to somewhere far from the Oakland hills? Really?<br><br>> You'd think that transporting a body would leave a whole lot of blood <br>> pretty much everywhere, unless you had meticulously planned for disposal <br>> over a good long period of
time.<br><br>Yes. Prosecutor Hora attempted to dance around this point in his<br>opening statement by speculating that maybe Nina'd been strangled, but<br>again this sounds to me like ad-hockery suspiciously crafted to fit his<br>lack of evidence.<br><br>> I took out the passenger seat in my NSX to transport a bunch of stuff <br>> once. It would make more sense if he'd taken out the CRX passenger seat <br>> in order to fit a body in the entire car (the CRX hatchback isn't big, <br>> and if the body was rigid and she was tall?? I dunno....), but then he <br>> would've gone ahead and put the seat back in after he was finished, <br>> presumably. I don't think anybody could fit my body in rigor in a CRX <br>> without removing the passenger seat.. might need to leave the hatch open <br>> too... :)<br><br>Nina was or is a pretty short gal. Rigor mortis ceases around 72 hours<br>after death, FWIW (but that would be after his mother's return
from<br>Burning Man).<br><br>> What mystifies me, is what's happened to the 'friend' who claims to have <br>> killed several people? Anything? Did he recant or something?<br><br>No news on that -- and Sean Sturgeon's confession was ruled inadmissable<br>for the Reiser trial, early on. Before you ask, sealed writ, so we<br>don't know the grounds.<br><br>> Seems like that's all the defense really needs to build some<br>> reasonable doubt.<br><br>Prosecution's case is, fundamentally, this:<br><br>o Two pieces of (now-dubious) DNA blood evidence.<br>o Nina was last seen at Hans's house.<br>o Witnesses say Nina would never voluntarily abandon her children.<br>o Hans showed up to pick up the kids at school after Nina <br> disappeared but before authorities were alerted, even though it<br> was Nina's day to do pickup. (Oddly, he then left without the<br> kids. Eventually, Ellen Doren dropped by and took them.)<br>o Hans's car's seat was gone,
floorboards wet, and two books on murder<br> investigations found in it.<br>o Days after Nina vanished, Hans was sort-of seen washing his <br> driveway at night, wearing heavy clothes on a hot autumn night.<br>o "Counter-surveillance" measures.<br>o Hans had mentioned at a school party that he'd be better off <br> without his wife.<br><br>I'll be fascinated to hear about DuBois's case for the defence. <br>One of the things criminal defence lawyers must stress (in common law <br>countries like the USA) is that they have literally no burden of proof:<br>As you say, prosecutors must establish guilt past any reasonable<br>doubt. Thus, defence's best tactic is sometimes to point out that<br>key holes in the opposition's case, and otherwise say nothing at all.<br><br>That's why the fight over Rory saying his mother left the house and<br>drove off is such a big deal: That's reasonable doubt, right
there.<br><br><br><br><br><br>------------------------------<br><br>_______________________________________________<br>conspire mailing list<br>conspire@linuxmafia.com<br>http://linuxmafia.com/mailman/listinfo/conspire<br><br><br>End of conspire Digest, Vol 57, Issue 3<br>***************************************<br></rick@linuxmafia.com></rick@linuxmafia.com></blockquote><br><p>
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