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Print clock Jun 12, 2007 3:03 pm US/Pacific Hans Reiser Trial Delayed Until Fall (BCN) OAKLAND After meeting and informally talking with the judge who will preside over his case, computer science engineer Hans Reiser agreed Tuesday to delay his trial on charges that he murdered his wife Nina Reiser until at least September. Reiser, 43, had a right to have jury selection in his case begin within 10 court days because a time clock was set in motion Monday when the case was assigned to Alameda County Superior Court Judge Larry Goodman. But after talking with his attorney, William DuBois, and with Goodman, Reiser, who was dressed in yellow jail clothes, agreed to a schedule that calls for jury selection not to begin until Aug. The attorneys in the case think it might take a month to select a jury, so opening statement might not be presented until late September or early October. The attorneys huddled with Goodman in his chambers for most of the morning Tuesday, but at one point Goodman came out into the courtroom, sat down at the defense table and talked to Reiser informally. Introducing them men, DuBois said, "Judge, this is Hans Reiser," and the two men shook hands. Goodman, who was dressed in blue jeans and a short-sleeved checkered shirt, and Reiser shook hands again after their short and amicable conversation ended. Hans Reiser and Nina Reiser married in 1999 but separated in May of 2004. They were undergoing contentious divorce proceedings at the time she disappeared but the divorce wasn't finalized. Nina Reiser was awarded custody of the couple's 7-year-old son and 5-year-old daughter but Hans Reiser was allowed to have the children one weeknight a week and every other weekend. Nina Reiser's body hasn't been found, but in October Hans Reiser was charged with murdering her after Oakland police said they found biological and trace evidence suggesting that she is dead as well as blood evidence tying him to her death. On March 9, at the end of a lengthy preliminary hearing, Judge Julie Conger ruled that there's sufficient evidence for Reiser to stand trial on charges that he murdered Nina Reiser, who was trained as a physician in her native Russia. Reiser will return to court Thursday, when there will be a hearing on prosecutor Paul Hora's motion to impose a gag order barring the attorneys in the case from speaking to the news media. Donning his judge's robe and holding a brief hearing on the record following his informal talk with Reiser, Goodman told DuBois Tuesday to draft a "compromise" order that apparently would allow limited comments to reporters. After Tuesday's hearing, Hora said he might agree to a limited gag order instead of a complete gag order. Goodman said there will be hearings on pretrial motions the week of June 18 as well as in July. Goodman said the last week of July he will bring in five separate panels of 100 potential jurors each to have them fill out lengthy questionnaires. The judge said he will take three weeks of vacation in August and then begin the final phase of jury selection on Aug. Goodman said he will select jurors in the case through a "big spin" process that normally is used for death penalty cases. Outside court, Hora said it's unusual to use the big spin method for non-capital cases but he thinks it appropriate for Reiser's trial because of the extensive publicity it's received, as he believes the process "weeds out the pollution" that news stories impose on potential jurors. Referring to Goodman, DuBois said Reiser "likes the judge because he puts him at ease." DuBois, who has had other cases before Goodman, said, "He runs his courtroom on a relatively relaxed but firm basis and Hans will respond positively to that." DuBois said that as far as he knows Reiser's two children are still in Russia with their maternal grandmother. He said Reiser "has tears in his eyes" whenever his children are discussed and is upset that authorities refuse to forward most of his letters to his children. This material may not be published, broadcast, rewritten or redistributed.
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