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Reiser Prosecution Wraps Up With An Emotional Twist

Posted: 11:57 am PDT April 16, 2008Updated: 12:07 pm PDT April 17, 2008

As his closing argument was wrapping up Wednesday, prosecutor Paul Hora delivered a chilling emotional blow to the Hans Reiser defense strategy, imploring jurors to think of the couple's two children when they decided his fate.

Reiser is accused of killing his estranged wife, Nina, in September 2006 -- robbing the couple's two young children of a lifetime of experiences with their mother, according to the prosecutor.

"He put himself before anyone else," Hora told jurors as he glanced at Reiser. "He put himself before her -- way before her….kids need their mother…kids love their mother. And his personal needs were way more important than hers and his kids."

Hora then drilled into the jurors' hearts.

"The pain and suffering he caused to those little kids and the family….It never ever, goes away," he said. "You're never going to have a funeral -- never get to go to the gravestone. It's just cold and callous."

Appearing on KTVU's Mornings On 2, former prosecutor and veteran legal analyst Michael Cardoza gave Hora high marks for his first day of closing arguments on Monday.

"He doing a wonderful job," Cardoza said. "Keep in mind this is a circumstantial-evidence case, and he's got a lot of evidence to go through."

Drawing from his years of courtroom experience, Cardoza said despite the lack of a body -- Nina Reiser's remains have never been found -- the evidence Hora has presented was pretty damning.

"You have motive, you have blood spatters," he said "Their (the defense) own expert said there was blood spatter on the post, meaning that the blood… whipped onto the post. That's pretty damning evidence."

Reiser's attorney, William DuBois, was expected to begin presenting his closing argument Wednesday afternoon. Among DuBois claims has been that Nina Reiser ran away and is living in Russia where her children are currently living with their grandmother.

During his morning closing, Hora also pointed to Reiser's odd behavior involving a cell phone. He told jurors that "nobody walks around with their cell phone battery removed" and the only type of person who would even think about it would be someone who's familiar with technology, such as Reiser.

Removing the cell phone batteries made it harder for Oakland police to track both Reiser and his wife, Hora said.

Hora said, "This circumstance alone leaves no doubt that the defendant (Reiser) is guilty" and led Reiser to commit perjury when he testified that, "I'm a cell-phone-battery-in kind of guy."

The prosecutor told jurors, "He's lying through his teeth to you under oath" and that they can disregard all of Reiser's 10 days of testimony because he later admitted, under cross-examination, that he lied about removing his cell phone battery.

Hora said another powerful piece of circumstantial evidence against Reiser is that he removed the front passenger seat and three-fourths of the interior from his car shortly after Nina disappeared.

The prosecutor told jurors that if they sat at the San Francisco-Oakland Bay Bridge toll plaza, where 270,000 cars travel every day, and examined every car it could take years before they found someone who had removed both their front passenger seat and their cell phone battery.

Nina Reiser, who was 31 at the time, was last seen alive when she dropped off the couple's two children at the house in the Oakland hills where Hans lived with his mother.

Nina and Hans met in Russia, where she was born and was trained as a physician, and where he often spent time doing business for his computer file system company.

They married in 1999, but she filed for divorce and separated from him in 2004. Although Nina was awarded legal custody of their children, Hans had visitation rights.

Hans Reiser has pleaded not guilty to the charges against him.

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