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

[Darlene Wallach]

Rick Moen wrote:
> 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).
> 

Rick,

Thank you very much for keeping us updated on Hans.

If anyone plans on attending any of the court dates
and could offer a ride, I'd be very interested in
being there in the courtroom in support of Hans.

btw, I'm sure there will be more days the attorneys
will be before the judge that are not mentioned in
the articles. There tends to be motions - i.e.,
things each side wants allowed or prohibited from
being presented in the courtroom.

Darlene