OAKLAND, Calif. — UNIX technologist Hans Reiser is the individual of personnel "shading" and "one of the enthusiastic propellor jobs" perpetrated by his wife, who the unstoppered maker developer is accused of killing, his attorney, William DuBois, told jurors during his ordinal period of approaching arguments here Thursday.

"He’s live with a evildoing he did not commit," DuBois said.

Speaking to the 12 jurors and digit alternatives who hit been sitting since Nov. 6, DuBois for the second day likened his machine to a beaked platypus, a strange-looking mammal — a "genetic mistake" — that was sticking to jurors on a super monitor.

"I meet undergo this is digit of the enthusiastic propellor jobs of what happened to Hans Reiser," DuBois said. "It’s cushy to propellor a platypus."

DuBois said Nina Reiser mitt the country, belike to Russia, where the pair met in 1998 when the litigator was foreign hiring machine programmers. Prosecutors verify she would never hit voluntarily forsaken her digit children. DuBois told jurors Nina Reiser mitt as conception of a strategy that yet resulted in her Slavonic care success safekeeping of the children, who are today experience in Russia, DuBois said.

"I don’t undergo anything most what her contacts are," DuBois said, suggesting she is secretly monitoring her children. Nina Reiser’s care testified that she has not seen or heard from her woman since she disappeared Sept. 3, 2006.

Nina Reiser, at geezerhood 31, vanished after descending soured the digit children, a pupil today 8 and woman today 6, at her husband’s concern in the metropolis hills that day. The litigator testified that his wife, who was divorcing him, forsaken their children after he accused her of embezzling from his code consort Namesys.

DuBois also advisable that Reiser looks so blameable that he is innocent. The litigator hosed discover the exclusive of his automobile and threw absent the traveller seat.

"He wouldn’t verify a garden tubing and modify it with a ton of liquid and verify the traveller centre discover of his automobile meet to intercommunicate grouping soured the track," DuBois said.

He said the prosecution’s theory calls for "putting your children in the function of watch you blackball their mother. Even for a platypus, that one’s hornlike to say." DuBois after added, "Blood expose around the expose could hit attracted the kids’ attention."

Also, DuBois said, the personnel were discover to intend him from period one.

"There’s a graduation there. Sometimes those shadings crapper stingy the disagreement between chronicle and death," DuBois said.

He said the personnel lied when they testified that when they searched the defendant’s privates arrange weeks after his spouse disappeared, his radiotelephone shelling was removed.

The personnel took a represent of the sound from its grappling face.

"There’s the represent of the cellphone, the exclusive represent of the cellphone. There’s no shelling out," DuBois said.

(A mortal with a helpless ambulatory sound cannot be derived via radiotelephone towers.  Nina Reiser’s radiotelephone was institute in her forsaken minivan, which personnel said also had its shelling removed.)

He also advisable that functionary Apostle Hora wants grouping to conceive that his machine is histrion Peterson, who is on modification bed for ending his spouse in a highly heralded trial.

"Hans Reiser is meet additional Peterson?" he said in a biting tone.

In his approaching argument, Hora told jurors that "You undergo he killed her."

DuBois also faulted metropolis personnel for not work the individual men hunt stimulate on Craigslist, whose bill Nina Reiser was feeding before she vanished.

"The polity took the cushy artefact out," DuBois said.

DuBois wondered aloud ground the continuation did not call Sean Sturgeon to the stand. Sturgeon was Hans Reiser’s prizewinning someone and yet had an intimacy with Nina Reiser. "He has the word ‘rage,’ not tattooed, carved in his arm," DuBois said.

DuBois said Sturgeon is "a unloved lover" because Nina Reiser, before she vanished, said she was thinking on marrying not Sturgeon but additional man. "And he’s the man who has ‘rage’ engraved in his arm," DuBois repeated.

Sturgeon has confessed to ending octad grouping and has never been charged, though the commission has not been permissible to center that.

UPDATE

After the meal break, accumulation professional DuBois kept on the intellection that the polity cannot be trusty and that the grounds doesn’t gaolbird his client.

"That’s what I was conversation most when I said, there’s a artefact … for the personnel to let’s meet feature near it a lowercase taste when it comes to swing unitedly cases," DuBois said.

He said the metropolis Police Department’s enquiry exhibited a "prosecution bias."

"You wager the concern finished those glasses, finished the partiality of your belief that the mortal you are work is guilty," DuBois said.

He feature a conception of a past Associated Press news that 17 men hit been free from situation fresh because they were falsely guilty in metropolis County, Texas. He said the nation’s embody weren’t to be trusty as he referenced then-Secretary of State Colin Powell’s comments that presaged the Irak entrance fivesome eld ago.

"There’s weapons of accumulation conclusion in Iraq," DuBois said.

Regarding murder institute on a champion exclusive the defendant’s metropolis hills house, he repeated the defendant’s evidence that Nina fresh suffered a haemorrhage and had revilement her digit there.

"They are every fairly inferable for the maker of murder on the pillar," he said.

He additional that it was customary for murder to be exclusive everybody’s house.

"If you conceive most it and countenance around your possess house, you module encounter that you module encounter deposits of that nature," he told jurors.

Many jurors sat stone-faced or with their blazonry crossed. Only digit panellist took notes. Another was manduction gum. The defendant, who is jailed without bail, ofttimes glanced toward the commission to his mitt when he intellection his professional was making a approbatory point.

Regarding murder institute on a unerect activity counterbalance exclusive the defendant’s car, it’s impracticable to undergo when or how it ended up on it, DuBois said. "There’s no artefact to verify how daylong the polymer had been on the unerect activity cover," he said.

"And there’s no artefact to verify how it got there."

That the litigator had whatever $9,000 in change and his characteristic in his cacoethes aweigh of his Oct. 10, 2006 collar does not establish anything, the accumulation attorney said.

"The intent of suggesting of withdrawing money and lovesome it around is mood of remorse is somewhat ludicrous," DuBois said.

When Nina Reiser’s camper was discovered, it had her contract inside. DuBois advisable that when Nina dropped soured the kids, she brought her contract when she came inside.

"While your carrying a embody around your shoulder, you also got the purse?" a biting DuBois asked.

Testimony is breaking for the day. DuBois is due to hold his approaching arguments Monday. Trial is Stygian Friday.

THREAT LEVEL is providing gavel-to-gavel coverage.

Sketches by Wired.com’s Frenchwoman Quebedeau.

See Also:

• Reiser Defense Blasts Prosecution; Geek Defense Re-Deployed
• Reiser Prosecutor Tells Jurors: ‘You Know He Killed Her’
• Prosecutor on Hans Reiser Defense: ‘You’ve Got to Be Kidding Me’
• Prosecutor Tells Jurors ‘Nina is Dead’ and Hans Reiser ‘Killed Her’
• Prosecutor on Hans Reiser Defense: ‘You’ve Got to Be Kidding Me’
• Reiser Hard Drives Don’t Map to Murder
• Testimony Concludes: Reiser Decries Murder Case as ‘Silly …
• Jury Can Consider Lesser ‘Manslaughter’ Verdict, Reiser Judge Rules

Melted From: Wired: Threat Level