sfgate.com/cgi-bin/article.cgi?f=/c/a/2008/11/19/BANK1478HP.DTL -> www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2008/11/19/BANK1478HP.DTL
Comments Georgia (default) Verdana Times New Roman Arial Font | Size: Hans Reiser, the computer programmer who admitted to strangling his estranged wife, is trying to appeal his conviction and sentence on the grounds of ineffective assistance from his lead attorney.
In a 10-page document handwritten from San Quentin State Prison and filed with Alameda County Superior Court earlier this month, Reiser wrote: "He has much in common with persons I was in conflict with during my divorce and identified with them to an extent that biased him against me enough that he wanted to betray me. His allegations aside, his chances of prevailing are slim: Reiser had waived his rights to appeal and acknowledged - however reluctantly - that he had been adequately represented by Du Bois and co-counsel Richard Tamor. "Defendants who waive rarely appeal, especially when they're getting a good deal," said Alameda County Senior Deputy District Attorney Micheal O'Connor, who handled many legal motions in the case. Reiser, 44, proclaimed his innocence during a six-month trial that ended with his conviction for first-degree murder in April. In July, however, he led authorities to Nina Reiser's remains, and in August he admitted that he had strangled her at his Oakland hills home in September 2006 before burying her body a half a mile away near Redwood Regional Park. In exchange for divulging the body's location, detailing the killing and waiving his rights to appeal, Reiser was allowed to plead guilty in August to second-degree murder, which carries a sentence of 15 years to life in prison. A first-degree murder conviction translates to 25 years to life in prison. Reiser suggested that Du Bois led him to believe that he would only get a three-year sentence if he led police to the body. Reiser gave a number of other reasons for his appeal, saying he wanted to explore "anything else that may help me get out of prison and reunited with my children" and get his "life situation improved." Deputy District Attorney Paul Hora, who prosecuted Reiser, said Tuesday of his appeal: "It just seems to be consistent with the behavior I've seen in Hans over the past year and a half. Du Bois noted that Reiser wrote in his papers, "It is a logical necessity that either I am delusional, or (Du Bois) is delusional." Du Bois said he repeatedly urged his client before the trial to plead guilty to voluntary manslaughter in exchange for a three-year sentence. But Reiser refused and insisted on testifying at his trial, Du Bois said. Tamor said, "I am not surprised one bit and believe there will be similar filings as long as he has paper and some writing utensil. On Thursday, Judge Larry Goodman, who frequently grew exasperated with Reiser's behavior in court, denied his request for what is known as a certificate of probable cause, which is required for an appeal to move forward. Goodman noted that he specifically asked Reiser if he had been provided effective assistance by his attorneys. "Defendant at first tried to avoid responding to the question" but eventually said that he had, the judge wrote last week. Goodman also noted that Reiser filed his paperwork two days past the appeal deadline for his case. In his written statement, Reiser complained that in prison, he has been denied access to the Internet, phones and the law library. He said he was not able to find out if anyone else had appealed on his behalf.
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