2016.02.26 Mark D. Sievers: Charged with Murder in the 2nd Degree

[MsJosie]

until he is convicted doesn't MS still have parental rights on his daughters? (dumb laws)

This was answered way back on one of the forums....he has some rights, but mom had a will too. MS forfeits some freedoms, not sure what involves the girls. Maybe a lawyer can help out here again....please and thank you?!

 

[makayla]

OMG ... I just happened to check this site a few minutes ago and there it was ... the news we've desperately been waiting for ... MARK SIEVERS ARRESTED! :jail:

I am shedding tears of joy and relief, but it's so sad to see Teresa's girls out in front of the house with the deputies - how frightening for them - I pray they are in loving arms very soon!

Seeing MS in his orange jumpsuit and shackles brought a big smile to my face after the initial tears ... and the best part, his BFF ratted him out!!!!!!!! Ha!

I now have pages of posts to read, but I wanted to at least say "wow, finally, some peace at last and thank you to all of you who've contributed to this site with both information and docs and everything else to keep the rest of us up to speed!"

Now, on with the trials and sentencing of these animals.

Praying for the little girls tonight. :angel:

 

[LaLaw2000]

I certainly hope this is just from one facility to another, but is there a reason JRR's inmate record shows released?

http://www.sheriffleefl.org/main/index.php?r=crimeActivity/inmateDetail&id=18635638740899

When an inmate is transferred to another facility they are shown as released. It will not state where. It has to do with the booking system they use. He has to be immediately taken out of the 'count'. I would say that he is probably housed at another facility nearby for security purposes. I doubt any of the three will be housed at the same location awaiting trial. JMO

 

[FelicityLemon]

I'm watching DAteline case of Harold Henthorn who killed two wives. He blocked family from having contact with his daughter. A lawyer was appointed TO PROTECT THE INTEREST OF THE CHILD (I forgot the actual phrase). Until he was convicted, he still had control of what happened to his daughter, even if it was from jail. The family of the murdered woman/child's mother would have to sue.

I guess my point is that a lawyer can be appointed specifically to represent a child's interest.

Good to know.

 

[AlwaysShocked]

Oh. My. God. I just logged in, saw 42 online at the Teresa Sievers thread. I thought there must have been another doc dump.

I cannot express enough delight in seeing a new thread that MS is finally arrested. Hoooooo - ray!
Now I will go and read the thread!

 

[makayla]

I'm watching DAteline case of Harold Henthorn who killed two wives. He blocked family from having contact with his daughter. A lawyer was appointed TO PROTECT THE INTEREST OF THE CHILD (I forgot the actual phrase). Until he was convicted, he still had control of what happened to his daughter, even if it was from jail. The family of the murdered woman/child's mother would have to sue.

I guess my point is that a lawyer can be appointed specifically to represent a child's interest.

Good to know.

My daughter, who is a family law attorney, occasionally acts as a GAL - here are a couple of definitions:

"A “Guardian ad litem” (GAL) is a person the court appoints to investigate what solutions would be in the “best interests of a child.”

"Guardians ad litem are persons appointed by the court to represent “the best interests of the child” in court proceedings. In family court, guardians are appointed in contested custody and visitation cases, name changes, adoptions, DSS abuse and neglect cases, and termination of parental rights cases."

I'm hopeful in the Sievers' daughters case, they will be well taken care of, both legally and personally.

 

[howonkee]

My daughter, who is a family law attorney, occasionally acts as a GAL - here are a couple of definitions:

"A “Guardian ad litem” (GAL) is a person the court appoints to investigate what solutions would be in the “best interests of a child.”

"Guardians ad litem are persons appointed by the court to represent “the best interests of the child” in court proceedings. In family court, guardians are appointed in contested custody and visitation cases, name changes, adoptions, DSS abuse and neglect cases, and termination of parental rights cases."

I'm hopeful in the Sievers' daughters case, they will be well taken care of, both legally and personally.

I would hope that the DCF would suggest this and that the girls are, in the beginning, placed with a neutral 3rd party. The reason for this is that as someone mentioned earlier, they will have to be "deprogrammed" so to speak. There will need to be counselors to help the girls transition during this difficult time. Just think for a moment, if they were placed with someone who knew their parents, there would be opinions and emotionally charged conversations. Who knows what they would be told? Those poor girls would not know what to think or who to trust. By having a professional guardian appointed, their new life can hopefully be carefully guided in the best direction. Even if they were to go directly to TS's family, there would be talk and it's very possible that some of that would be upsetting to them. Remember they have been indoctrinated by their father with lies and who knows what. I think it's going to take a team to counsel them through this to minimize the trauma, at least for a while, like a month or two depending on how they're handling things.

 

[AlwaysShocked]

I've done some reading about life insurance policy payouts when the insured has been murdered by a spouse. Apparently the individual state "slayer's laws" come into play. In many instances the secondary beneficiary can collect the proceeds. But the courts will structure the payout in a manner so that the murder cannot ever benefit from the proceeds.

Also, if the insurance company can show a court that the policy was purchased specifically with the intent to murder the insured for gain, the policy can be declared to be fraudulent and no one will get paid.

I wonder how long those various policies on TS were in existence? Wonder if she even knew about all of them?

In any case, nothing will take place until after MS is convicted of her murder.
---------

What with DCF being involved, I cannot imagine these children just being "sent to stay with a friend" designated by Mark. He may retain legal custody, but that does not mean that DCF cannot take over and direct the care of the girls. There are plenty of cases of children being placed in temporary foster care where the parents are not stripped of their custodial rights.

All decisions are made for the best interest of the children, not for a parent, grandparents, or anyone else.

 

[dmac55]

(links below)

a DCF spokesperson said... a sheltering hearing would be held in one to three days.
Mark Sievers will be in court Saturday for his first appearance before a judge.

According to Sievers' attorney Lee Hollander, a shelter hearing for the children is expected to happen Saturday morning.

Scott said they will be processed through the Department of Children and Families, but said it is likely that they will be put into the custody of family members.

--------------------------------------

Updated: Feb 26, 2016 10:59 PM CST
Sheriff Scott: 'We were after Mark Sievers, we got our man' - ABC-7.com WZVN News
http://www.abc-7.com/story/31327936/arrest-warrant-issued-for-mark-sievers

An hour after Mark Sievers left the headquarters building, a DCF spokesperson said the girls were in the agency's custody and a sheltering hearing would be held in one to three days.
Mark Sievers will be in court Saturday for his first appearance before a judge.
--------------------------------------------

11:02 p.m. EST February 26, 2016
Sheriff: 'We were after Mark Sievers, we got our man'
http://www.news-press.com/story/new...vers-arrested-wright-pleas-25-years/80997770/

According to Sievers' attorney Lee Hollander, a shelter hearing for the children is expected to happen Saturday morning.
----------------------------

Feb 27, 2016
Mark Sievers Arrested in Wife’s Murder - Naples Herald
http://naplesherald.com/2016/02/27/mark-sievers-arrested-in-wifes-murder/

...Scott said they will be processed through the Department of Children and Families, but said it is likely that they will be put into the custody of family members.

 

[Wyle_E_Coyote]

This was answered way back on one of the forums....he has some rights, but mom had a will too. MS forfeits some freedoms, not sure what involves the girls. Maybe a lawyer can help out here again....please and thank you?!

Link to AZlawyer's post on this in the verified attorney thread:

http://www.websleuths.com/forums/showthread.php?p=12268363

The guardianship arrangements in Teresa's will would only come into play if Mark had predeceased her.

ETA here's another post by AZL that explains in more detail :

http://www.websleuths.com/forums/showthread.php?p=12366495

Sent from my SM-N920V using Tapatalk

 

[TTF14]

My prayers are with those precious children and whoever ends up caring for them. Those adults are going to need lots and lots of prayer and guidance.

 

[SurfieTX]

OMG! YES!!

:rose: Justice for Teresa

 

[BrownRice]

http://www.naplesnews.com/news/crim...61-5dcc-4702-e053-0100007ffde9-370302511.html

Here's the comment that has caused some speculation about Mark trying to escape?

"Neighbors said at least 20 SWAT cars swarmed Jarvis Road on Friday afternoon as authorities took Sievers into custody.

Kimberly Torres, who lives next door, pulled up behind the vehicles on her way home and was told to stay in her car as officers entered her backyard and apprehended Sievers. Torres said Friday's arrest marks the end of a months-long nightmare for her family as they lived alongside a man accused of plotting his wife's murder."

I wonder if maybe they entered thru the backyard so Mark couldn't see them approaching his house - not that Mark was IN her backyard and was apprehended.

 

[jtate0702]

I've done some reading about life insurance policy payouts when the insured has been murdered by a spouse. Apparently the individual state "slayer's laws" come into play. In many instances the secondary beneficiary can collect the proceeds. But the courts will structure the payout in a manner so that the murder cannot ever benefit from the proceeds.

Also, if the insurance company can show a court that the policy was purchased specifically with the intent to murder the insured for gain, the policy can be declared to be fraudulent and no one will get paid.

I wonder how long those various policies on TS were in existence? Wonder if she even knew about all of them?

In any case, nothing will take place until after MS is convicted of her murder.
---------

What with DCF being involved, I cannot imagine these children just being "sent to stay with a friend" designated by Mark. He may retain legal custody, but that does not mean that DCF cannot take over and direct the care of the girls. There are plenty of cases of children being placed in temporary foster care where the parents are not stripped of their custodial rights.

All decisions are made for the best interest of the children, not for a parent, grandparents, or anyone else.

Completely correct. The insurance carriers can not do anything until the conviction. After that, the payout bypasses the convicted beneficiary, and goes to next of kin. In this case, her children. Interestingly, while looking for the statute to back up that statement, it looks like Florida includes all property in their statute as well. The courts will act as if the convicted beneficiary predeceased the decedent, and bypass them with inheritance and wills, etc. Unless the life insurance policies were purchased right before TS's murder, the carriers would probably have to pay out. Any policies older than the two year contestability period, would most certainly have to pay out



The 2015 Florida Statutes





Title XLII
ESTATES AND TRUSTS

Chapter 732
PROBATE CODE: INTESTATE SUCCESSION AND WILLS

View Entire Chapter




732.802 Killer not entitled to receive property or other benefits by reason of victim’s death.—
(1) A surviving person who unlawfully and intentionally kills or participates in procuring the death of the decedent is not entitled to any benefits under the will or under the Florida Probate Code, and the estate of the decedent passes as if the killer had predeceased the decedent. Property appointed by the will of the decedent to or for the benefit of the killer passes as if the killer had predeceased the decedent.
(2) Any joint tenant who unlawfully and intentionally kills another joint tenant thereby effects a severance of the interest of the decedent so that the share of the decedent passes as the decedent’s property and the killer has no rights by survivorship. This provision applies to joint tenancies with right of survivorship and tenancies by the entirety in real and personal property; joint and multiple-party accounts in banks, savings and loan associations, credit unions, and other institutions; and any other form of coownership with survivorship incidents.

(3) A named beneficiary of a bond, life insurance policy, or other contractual arrangement who unlawfully and intentionally kills the principal obligee or the person upon whose life the policy is issued is not entitled to any benefit under the bond, policy, or other contractual arrangement; and it becomes payable as though the killer had predeceased the decedent.

(4) Any other acquisition of property or interest by the killer, including a life estate in homestead property, shall be treated in accordance with the principles of this section.
(5) A final judgment of conviction of murder in any degree is conclusive for purposes of this section. In the absence of a conviction of murder in any degree, the court may determine by the greater weight of the evidence whether the killing was unlawful and intentional for purposes of this section.
(6) This section does not affect the rights of any person who, before rights under this section have been adjudicated, purchases from the killer for value and without notice property which the killer would have acquired except for this section, but the killer is liable for the amount of the proceeds or the value of the property. Any insurance company, bank, or other obligor making payment according to the terms of its policy or obligation is not liable by reason of this section unless prior to payment it has received at its home office or principal address written notice of a claim under this section.

History.—s. 1, ch. 74-106; s. 113, ch. 75-220; s. 1, ch. 82-71.

Note.—Created from former s. 731.31.



Copyright © 1995-2016 The Florida Legislature • Privacy Statement • Contact Us

 

[CarolinaMoon]

I missed it all! After going through these pages, I have nothing to add except that I'm thrilled that CWW was the one to roll on his "brother" for 25 years. If he's perfectly well-behaved, he could do as little as 20.

When push comes to shove, self-interest is #1.

Hoping and praying that the girls are put in a good, protective environment and slowly de-programmed from their father's huge influence on their lives.

ETA: Okay, I do have something to "add" to the discussion. Way back when CWW and JR were arrested, I posted that I didn't expect a MS arrest until after JR was extradited to FL. I am surprised, however, that CWW folded so quickly after JR arrived in FL.

Face it, for 6 months, he had to competition to contend with. He didn't give JR a chance to make a deal first. Loyalty only goes so far...

 

[jtate0702]

Link to AZlawyer's post on this in the verified attorney thread:

http://www.websleuths.com/forums/showthread.php?p=12268363

The guardianship arrangements in Teresa's will would only come into play if Mark had predeceased her.

ETA here's another post by AZL that explains in more detail :

http://www.websleuths.com/forums/showthread.php?p=12366495

Sent from my SM-N920V using Tapatalk

But cant the family sue/file for legal guardianship? The way I understood it, family can file against an incarcerated parent for legal guardianship, which temporarily transfer parental rights to the appointed guardian. The court would have to approve it, of course. Once they pass whatever the set term is for the legal guardianship, they can then apply for adoption, which permanently ends the incarcerated parent's rights. I may be way off base here, so legal people please feel free to chime in! I thought I remembered reading something along those lines before.

 

[CarolinaMoon]

At this point, MS is innocent until proven guilty in a court of law. IMHO, not being a lawyer, MS can't lose his parental rights until conviction.

As for custody right now, I have no idea if it is a good time for the family to act. I'm sure they will get good legal advice.

 

[JolietJake]

I did't get this whole story since I heard the TV from another room but I thought I heard mention of MS possibly having his trial moved. It may have only been some reporter's comment or opinion but I'll be watching this.

That brought up some questions in my mind. First off, JRR hasn't yet made a plea but with all the evidence and CWW's confession, he's dead meat. On the other hand, MS wasn't at the scene of the crime. Assuming he decides to plead not guilty, what can his defense be based on? We know he's a cold hearted, lying, and conniving, and defiant, narcissist but will a jury learn this. Will he label CWW as a liar in order to get a "deal" for himself? Will he continue the bashing of TS and come up with some sort of wild stories, attempting to further drag her good name through the dirt? Will an unbiased jury hear all the facts or is there evidence that can't or won't be used? Will his current lawyer give up on the case due to a good chance of a loss and/or lack of payment? Will he plea guilty attempting to get some sort of deal like CWW, looking out for his own *advertiser censored*? He certainly didn't look out for his wife or children.

The questions can go on forever but it will be interesting to see how things go forward from here. Hopefully MS gets convicted real soon one way or another and doesn't get out on the streets someday, even at an old age. If he gets some sort of sentence similar to CWW's and is out when he's in his mid seventies, the girls would be in their thirties, having to look forward to deal with that. IMO, he deserves life at best, however long (or short) his life will be.

 

[Matlacha]

. . . BTW, I thought CWW acted like a whimpering puppy instead of the cold blooded murder he is when I saw the video of him confessing to the crime and pleading guilty.

I think you are completely correct about JRR, but don't be misled by CWW's puppy act. Remember how his preacher described him as a humble man of God? One of the first tricks of any good predator is to look nonthreatening so as to take victims by surprise--Ted Bundy using crutches, driving a yellow Volkswagen with a peace-sign bumper sticker, etc. To someone as practiced as CWW, it must come naturally by now, if it didn't always.

 

[SWFlorida]

On the local news this AM, it just showed Sievers' black and white cat, trying to get into their locked house....poor kitty. And does anybody know anything about their remaining dog?