[svlug] Hans Reiser charged, pleads innocent, seeks speedy trial

[Rick Moen]

I wrote:

> Hans Reiser is scheduled to be arraigned (read the formal accusation of 
> crime, and asked how he pleads) and to have a new bail hearing on
> Friday, March 23.  He has been held at Santa Rita Jail in Dublin without
> bail since October.

(As an aside, I'm learning as I follow this case just how badly the
press coverage of legal affairs sucks.  Among the details omitted from
the recent flurry of articles are the specific criminal charges, e.g., 
first degree vs. second degree vs. voluntary manslaughter -- which are
quite different charges.[0])

Yesterday, Hans Reiser was arraigned (accused), in the Alameda County
Superior Court of Judge C. Don Clay, of committing some variety of
murder against his missing estranged wife, Nina Reiser.  He pleaded
not guilty, and declined an option to waive his right under state law to
defer trial.  (Apparently, the default is that one must be tried in
California within 60 days; Hans through his attorney stated that he
preferred a speedy trial.)  He also did not seek bail, as that would
introduce new hearings and further delay the trail.  The defence
attorney elaborated to reporters that bail is seldom granted in murder
cases anyway, and that it's uncertain Hans could afford to post the
level of bail that might be required, if it were granted.[1]

Judge Clay, who is in charge of arranging the criminal trials calendar
for the René C. Davidson Courthouse, set the initial trial date at
Monday, May 7, which would start with jury selection, and an estimated
two weeks before opening statements could happen.

Deputy District Attorney Paul Hora was assigned to prosecute the case
for the County.

I'm reasonably certain that the case will be tried in René C. Davidson
Courthouse, 1225 Fallon Street near 12th / Oak Streets, Oakland, as
that's where felony cases for the northern part of Alameda County are
heard.

[0] Murder is an unlawful killing with malice; manslaughter is the same
without malice.  Voluntary manslaughter is the variety committed "upon a
sudden quarrel or heat of passion"; involuntary manslaughter is a
non-malicious killing either committed during the commission of a
non-felony crime or through a dangerous lawful act that kills in either an
unlawful manner or "without due caution and circumspection".  (Vehicular
manslaughter is defined separately.)  First-degree murder is a malicious
unlawful killing committed with willful premeditation (presumed if one
uses particular types of weapon), or committed in the middle of any of a
list of other violent felonies.  All other murders are second-degree.

[1] Out of curiosity, I looked up the Court's standard bail schedule:
$60k if charged with voluntary manslaughter (offence 192(a)); ordinarily
no bail permitted for charges of first or second degree murder (offence
187).