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Judge Says Hans Reiser Can Stand Trial For Murder

Posted: 12:57 pm PST March 9, 2007Updated: 3:45 pm PST March 10, 2007

An Oakland software developer will stand trial for his wife's murder after a judge ruled Friday there is enough evidence to go forward with the case despite the lack of a body.

Hans Reiser, 43, has been held without bail since October in the death of his 31-year-old estranged wife, Nina, in a case that has featured sordid allegations of infidelity and ties to international organized crime.

Alameda County Superior Court Judge Julie Conger said there's enough evidence to go to trial despite her concerns about the prosecution's theory of the crime. Reiser's arraignment was scheduled for March 23.

Nina Reiser was last seen on Sept. 3, and prosecutors say her estranged husband lured her to the house he shared with his mother and killed her while the couple's children slept upstairs.

While she said she wasn't convinced prosecutor Greg Dolge's theory was correct, Reiser's "strongly suspicious activities" and the "totality of the circumstances," led Conger to believe that even if he wasn't personally responsible, he "had some part in the murder of Nina Reiser."

Reiser's lawyer, William Du Bois, was visibly angered by the judge's decision, calling it "the easy way out."

"The judge had to push the envelope of speculation in order to reach the decision she did," he said outside court. Du Bois has suggested Nina Reiser is alive and living with her son and daughter in her native Russia.

During his half-hour long closing statement Friday, Du Bois said the case would be a "no-brainer" if it weren't for the publicity.

His client turned in his chair and nodded throughout his lawyer's presentation of events. Du Bois later blamed the judge for "passing the buck until a jury gets to decide."

Bloodstains were found in Hans Reiser's house and car, and trash bags, masking tape and absorbent towels were also found in the car. The front passenger seat was missing and the floorboard was soaked when police seized it Sept. 19.

Also found inside the car were two books: "Homicide: A Year on the Killing Streets," by David Simon, about the Baltimore police homicide squad, and "Masterpieces of Murder," by Jonathan Goodman, about notorious murder cases.

Nina Reiser's minivan was found about two miles from her estranged husband's house with groceries and her purse inside.

"Neither she nor her groceries ever made it home," Dolge said.

The testimony of the Reisers' 7-year-old son seemed to weigh heavily on Conger, who said the boy's version of events contradicted prosecutors.

Rory Reiser said he saw his mother leave the house that day, get into her minivan and drive away. He said he and his dad then played video games in the den.

That conflicted with his earlier statement to police that he didn't see Nina Reiser leave.

Conger asked the boy to return to court to clarify his testimony, but he never did because his maternal grandmother failed to bring the children back from Russia. She has since begun custody proceedings and it's unclear whether the boy will return for trial.

The Reisers had been married about five years when she filed for divorce in 2004. A bitter custody battle ensued; she was granted a temporary restraining order against him later that year. But neither the no-contact order nor the divorce was ever finalized. She also took her husband back to court last year for allegedly not keeping up with child support.

After they separated, Nina Reiser dated a sadomasochist, according to testimony. And defense lawyer William Du Bois suggested she and her family had ties to a Russian spy agency and organized crime.

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