Hans Reiser Evading Police Because He Was Upset, Feared Arrest

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Two weeks after Linux programmer Hans Reiser's wife went missing, he performed counter-surveillance measures because he thought he would be falsely arrested and he was "upset" over being beaten that day in a custody hearing concerning his two young children.

"He was upset. He was under a lot of stress. He was distressed," testified one of Reiser's family law attorneys at his murder trial here Wednesday. Later on, the attorney added: "His concern was that the police wanted to question him without his attorney present and that they may arrest him."

That custody hearing date was Sept. 18, 2006. Reiser, an open source software guru, did not win custody of his son, now 8, and daughter, now 6. After the daylong family court hearing, the police tailed him and testified in this murder trial that the defendant was acting suspicious, like a man looking to see if he was being followed.

Still, there was no mention Wednesday of Reiser's counter-surveillance maneuvers or other strange behaviors. But Reiser's defense attorney, William DuBois, will pull it together for jurors during his closing arguments, which are likely sometime next month.

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Also: Hans Reiser Trial: Feb. 27, 2008