OAKLAND, Calif. -- The judge in Hans Reiser's murder trial said Wednesday that Reiser "chose to roll the dice" and lost by turning down a pretrial plea bargain that would have resulted in him only serving three years in prison and being released next May.

Reiser, 44, was scheduled to be sentenced by Alameda County Superior Court Judge Larry Goodman Wednesday for his first-degree murder conviction for killing his wife, 31-year-old Nina Reiser, who was last seen alive on Sept. 3, 2006, when she dropped off the couple's two children at his house in the Oakland hills.

But Goodman postponed the sentencing until Aug. 13 in the wake of an agreement between prosecutor Paul Hora and defense attorney William DuBois that calls for Reiser's conviction being reduced to second-degree murder in exchange for Reiser's decision on Monday to lead authorities to Nina's body, which was buried in a remote area hear his home.

Goodman said at brief hearing in open court Wednesday morning that he has "not accepted or agreed to any deal," and that before he accepts anything he "has to be convinced" that Reiser will live up to all of his commitments, including his agreement not to appeal his conviction.

Goodman said he will consider the desires of Nina's family and said he has been told by Hora that "they are 100 percent behind the agreement."

Saying that he wanted to clarify "misstatements" by the news media in the wake of "the media feeding frenzy" about the recovery of Nina's body on Monday, Goodman said that before Reiser's trial started last fall, Reiser turned down a plea bargain in which he would have been allowed to plead guilty to the lesser charge of voluntary manslaughter "if he would reveal the location of Nina's body and say what happened."

Voluntary manslaughter carries a term of three, six or 11 years in state prison, but Goodman said he would have accepted the short term of three years "to spare Nina's family from going through a trial and save the taxpayers the cost of a trial."

He said that if Reiser, who has been in custody since he was arrested in October 2006, had accepted the deal, he would have been released in May 2009.

He said Reiser instead chose to go through a six-month trial but "jurors saw through his story" that he didn't have anything to do with Nina's death and convicted him of first-degree murder, which carries a term of 25 years to life.

Speaking to the press for the first time since he led authorities to where he buried the body of his estranged wife Nina, Reiser gave an exclusive interview with KTVU Channel 2 News Tuesday night in which he claimed everything he did was out of love for his children and to protect them from abuse at the hands of their mother.

Appearing tired and drawn at the Santa Rita Jail, Reiser spoke with KTVU reporter Amber Lee for some 15 minutes after outlining topics he would not discuss, specifically the events of the previous day when he led police and prosecutors to the site where he buried Nina's body and the events surrounding her death.

Though he spoke haltingly and was cautious in his responses, consulting with his attorney William Du Bois prior to the interview, Reiser was forthcoming on several subjects. He expressed remorse for his actions and for lying about Nina's death, even apologizing to his Russian mother-in-law who currently has custody of the Reiser's two children.

"I would like to apologize for having lied on the witness stand, and I'm sorry I did that," he said. "I had never lied before as an adult. But to know that my children are safe and in my arms, I'm willing to lie, and that is wrong. But that's what I was willing to do."

Reiser's children were the focus of much of the interview. "I did what I did to keep them safe," said Reiser. "Sometimes when fathers protect their children, they go down and they don't get up."

Reiser readily admitted that he in his words "drove Nina insane," but he also expressed concern over abuse he claimed Nina inflicted on the children because of Munchausen by proxy syndrome or MBPS. Reiser said Nina suffered from this mental disorder that involves a parent misleading others into thinking that a child has medical problems by exaggerating conditions and reporting fictitious episodes.

Reiser claimed that everything he did -- including lying about Nina's whereabouts during the trial -- was done out of love for his children and a desire to protect them from abuse that stemmed from Nina's struggle with the disorder.

Still, Reiser acknowledged that he had gone too far in his actions: "Rory had a right to be safe from abuse, yet Nina had a right to live."

The interview came only hours after investigators confirmed that the body revealed to them by convicted murderer Hans Reiser is that of his estranged wife.

The prominent software engineer was found guilty of first-degree murder in the case in April even though Nina Reiser's body had not been found. Reiser showed police the body in exchange for a chance of a lighter sentence, said prosecutor Paul Hora.

The deal, which must still be approved by a judge, was made with the support of Nina Reiser's family. "Ultimately this was done for the family," Hora said.

Police said Nina Reiser's identity was confirmed by dental records, jewelry and clothing. They said the cause of death is still under investigation and declined to give many specifics of what they found when Reiser led them to the body Monday.

But Oakland police Lt. Ersie Joyner III did say evidence from the grave, which was in a ravine in a park not far from Reiser's house in the Oakland hills, indicates Reiser did not have help from anyone else.

The disappearance of Nina Reiser, who was last seen on Labor Day weekend in 2006 when she dropped off the couple's two children for a visit with their father, had prompted a long and intense search, including the area where the body was found.

But Joyner said the grave was in a remote area at least 40 yards from any path and probably would never have been found without Reiser's directions.

At trial, the 44-year-old Reiser had adamantly denied he had anything to do with Nina Reiser's disappearance, and the defense suggested she might have run away to her native Russia.

Prosecutors said that was nonsense, pointing out that traces of her blood were found in his home and car. Witnesses testified that she would never have left her children.

Reiser took the stand for several days, giving long, rambling answers and at times getting scolded by the judge for arguing with the prosecutor.

After jurors convicted Reiser, the defense approached prosecutors with an offer, Hora said.

If a judge approves, Reiser will be allowed to plead guilty to second-degree murder in return for showing authorities the body and giving up his right to appeal, Hora said.

Hora said he spoke to Nina Reiser's mother Tuesday morning. He said he is satisfied with the result of the deal, but "I'm also saddened because the mourning process has begun again."

He saw the discovery of the body as vindication for the family considering the defense trial strategy.

For instance, he noted that there were allegations that Nina Reiser's mother had coached the couple's young son, now 8, on what to say in the courtroom. "He drew a picture of his father walking down the stairs with Nina in a bag," Hora said. "Nina was found in a bag."

The deal means Nina Reiser's family doesn't have to live with uncertainty, Hora said.

"Now the family gets to pick the burial site, not the defendant," the prosecutor said.