

(Stephen Elliott reporting)

OAKLAND, California – Linux guru and convicted murdered Hans Reiser was handed a prison sentence of 15-to-life Friday, putting a final capstone on a case that began as a murder mystery, and ended with Reiser leading police to a makeshift grave a short distance from where he strangled his wife.

"I wish to humbly apologize to society for my crime," Reiser said in a statement before his sentence was pronounced. "Every human life is sacred. I took the life of a human being and I'm very sorry for that."

Hans Reiser killed his wife, Nina, at about 4:30 p.m. on Sept. 3, 2006, according to the belated confession Reiser wrote as part of his deal, said prosecutor Paul Hora after the sentencing. He first punched her in the mouth, cutting his hand, then strangled her to death.

He briefly stored the body in the bathroom, then moved it to his car, where it stayed for two days while he searched for a place to bury her.



Nina Reiser, at age 31, was last seen alive at Hans Reiser's house in the Oakland hills on the day of her murder, when she dropped off the once-happy couple's two young children to stay with him the Labor Day weekend. The couple were in the middle of a heated divorce.

The developer of the ReiserFS file system becomes eligible for parole in about 13 years, having already served two years since his October 2006 arrest.

The 44-year-old defendant's jury trial here concluded in April this year with Reiser's first-degree murder conviction. That carries a 25-to-life term, but the authorities, in a backroom deal, later offered him 15-to-life if he produced his wife's body and waived any rights to appeal his conviction.

Hans Reiser arrived in court today in his red jumpsuit wearing a long-sleeve undershirt, his hair wild and unkempt. Reiser was wearing a chain around his waist, linked to his handcuffs. With no jury to impress, there was no longer a need for Reiser to have a haircut and a suit.

The courtroom was filled, and nearly all the jurors from his trial earlier this year were seated in the front row of the gallery. When they saw one another, they exchanged hugs.

The start of the hearing was delayed, as Judge Larry Goodman met with Reiser and the attorneys in chambers. Reiser sat reading through his 30-page transcribed confession he produced under the terms of his new agreement, which, in addition to leading the police to Nina's remains, required him to waive his right to appeal. Just before noon, defense attorney William DuBois returned to the court room, leaned over the table, and told Reiser, "If it takes until midnight, you're going to be sentenced today."

The court came to order at 1 p.m. Judge Goodman got right to business. He pointed out that since the verdict, several significant events have occurred, including the agreement, which would turn Reiser's first-degree murder conviction into second-degree. The judge asked Reiser if he understood he was waiving all of his rights to appeal, and Reiser said yes.



But the proceeding ground to a halt when Goodman asked Reiser if he had received competent council in regards to the plea agreement. There was a long pause and Reiser lowered his head. He mumbled something. After repeating the question several times, Goodman finally asked DuBois what Reiser was talking about. Du Bois said he knew, but that it would not be good for the defendant, and asked if they could go to chambers.

They quickly returned, and Goodman formally found Hans Reiser guilty of second-degree murder. Reiser was allowed to give a statement before being formally sentenced.

Reiser vowed to try to make up to society for what he had done. He said he was putting Namesys and ReiserFS into a trust fund his children, and that he hoped to earn money while in prison to make their lives a little more comfortable, "assuming I'm able to get access to a computer and the internet."

He also apologized for depriving Anthony Zografos, Nina's boyfriend, of their lifetime together, and robbing Nina's mother of her daughter. "I know how much she loved her."

Finally, Reiser said he admired the district attorney and the police for their skill and dedication.

The courtroom seemed to exhale as the final chapter in the long Reiser saga closed.

"He's expressed remorse," said Hora later. "But whether it's actually sincere – time will tell."

Here's the video from the sentencing.

Update: A transcript of Reiser's detailed confession is available here.

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(Courtroom sketches: Wired News/Norman Quebedeau)

Reported by Stephen Elliott, whose book The Adderall Diaries: A Memoir of Moods, Masochism, and Murder, is due out next year from Graywolf Press. David Kravets contributed to this report. Last updated 20:20 EDT