The defense attorney for a software programmer accused of killing his estranged wife told jurors Monday the prosecution hasn't proved the woman is dead, let alone murdered.

"You're being asked to convict this person of murder ... when you don't even know if there was a death," William Du Bois said as he made his final argument to jurors.

Du Bois said there's no evidence indicating Hans Reiser committed a crime, but if jurors disagree, then it was at most manslaughter, meaning it was committed in the heat of passion.

Reiser, known as the creator of the ReiserFS computer file system, testified that he had nothing to do with his wife's disappearance and she left his house alive.

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Also:

• Hans Reiser Trial: April 21, 2008

• Reiser Prosecutor Urging Jurors to Convict Linux Programmer, Says Defense is 'Nonsense'
• Attorney Declares Hans Reiser Innocent, a 'Real Genuine Nerd'
• If he did it, it was only manslaughter, Reiser attorney tells jury