GUILTY Bali - Sheila von Wiese Mack, 62, found dead in suitcase, 12 Aug 2014 #4

[Orange Tabby]

Judge’s Ruling – OakPark.com article

There’s a piece on Judge Cohen’s ruling on OakPark.com.

It says that Anthony Scifo issued a news release on Friday which, among other things, said:

--The emergency motion filed by Scifo was for the "health, support and maintenance of the beneficiary.”

--That William Wiese has failed to perform his duty and has not “provided (Heather) or her unborn child any aid, whether medical, emotional or otherwise, for nearly six months.” [Ha! As if the trustee is required to provide “emotional aid!”]

Can anyone find a copy of that Scifo news release?

Excerpts from the article:

"By refusing to disburse any funds for Heather's legal defense, he is ensuring that this matter will reach closure: Heather's death," the news release states.

Scifo said in the news release that the disbursement of funds will not go to lawyers but "to validate to Indonesian attorneys overseas that funds exist for Heather's legal defense."

"It is disturbing that the trustee, who chose to accept the responsibility for Heather's life, refuses to even earmark funds for her health and safety," Scifo said in the news release.

The Journal's attempts to reach Scifo directly were unsuccessful as of Friday afternoon.​

http://www.oakpark.com/News/Article...ney-for-criminal-defense-in-her-murder-trial/

 

[Hiandmighty]

Sounds scifo may be hiding under the rock he crawled from :shrug: ?

 

[Kamille]

Why did Heather’s Chicago lawyer Anthony Scifo apparently admit to Judge Cohen that Ary Soenardi was a shady lawyer? Isn’t the prevailing theory on this board that Scifo’s job is to get money from Sheila’s trust into a consulate escrow-fund so that it can be dispensed to Soenardi who will then make the requisite bribes?

By acknowledging that Soenardi is a suspect lawyer, hasn’t Scifo essentially put the interim trustee on notice so that the trustee now needs to vet any new lawyer with great care and particularly make a reasonable effort to ascertain that the fee the lawyer wants comports with normal fee arrangements in Indonesia?

I don't think Scifo had any such plan to admit that HM had found a shady lawyer who was good with the bribes via the other criminals in the Bali jail. I think the judge knew exactly what this lawyer was all about and I think he knew that Scifo knew as well. He was giving him an opportunity to come clean IMO. There are anti-corruption laws. Does this guy really want to flush his life and career over this murderess?

MOO

 

[Kamille]

Judge’s Ruling – OakPark.com article

There’s a piece on Judge Cohen’s ruling on OakPark.com.

It says that Anthony Scifo issued a news release on Friday which, among other things, said:

--The emergency motion filed by Scifo was for the "health, support and maintenance of the beneficiary.”

--That William Wiese has failed to perform his duty and has not “provided (Heather) or her unborn child any aid, whether medical, emotional or otherwise, for nearly six months.” [Ha! As if the trustee is required to provide “emotional aid!”]

Can anyone find a copy of that Scifo news release?

Excerpts from the article:

"By refusing to disburse any funds for Heather's legal defense, he is ensuring that this matter will reach closure: Heather's death," the news release states.

Scifo said in the news release that the disbursement of funds will not go to lawyers but "to validate to Indonesian attorneys overseas that funds exist for Heather's legal defense."

"It is disturbing that the trustee, who chose to accept the responsibility for Heather's life, refuses to even earmark funds for her health and safety," Scifo said in the news release.

The Journal's attempts to reach Scifo directly were unsuccessful as of Friday afternoon.​

http://www.oakpark.com/News/Article...ney-for-criminal-defense-in-her-murder-trial/

Someone really needs to clarify that the system is different, there is no such thing as a "defense" attorney and they all pretty much do the same thing, except for the ones who bribe. There is no jury here. Attorneys do not try to convince lay people that their client is innocent. The accused themselves are the ones who testify, not the lawyers for them. At least that's my take on it based on watching Van Der Sloot's trial in Peru.

MOO

 

[Kamille]

It is generally accepted practice at least in the US legal system that once you have expressed your dissatisfaction with your lawyer it is understood that there is no going back as it would presume a "tainted" defense and also subjects the lawyer to further complaints by the client with a foundation for the same already on record.



I'm getting a sinking feeling and I hope once the terms and conditions of the fees of the lawyer are determined and this request for a delay is granted or rejected, that will be the extent of the involvement of the US court. I suspect we will also see Elkins and Flavia asking to be paid for services rendered thus far in addition to any expenditures up to this point. Don't think for a second this will be written off as pro bono work. The good news is that any fees will have to be reasonable and customary as approved by the judge b/f the checks are cut.

I think once the case goes to trial and even prior to that, there has to be very good reason to dump a lawyer in the US. Especially a court appointed one. Think Jodi Arias.

MOO

 

[gracehatter]

I think once the case goes to trial and even prior to that, there has to be very good reason to dump a lawyer in the US. Especially a court appointed one. Think Jodi Arias.

MOO

Once trial has begun yes, because at that point in our system numerous pre-trial phases have taken place and it makes it more difficult to get up to speed and also throws a wrench into the docket as well as the right to a speedy trial. With court appointed in the US, you also have the problem of the limited number usually on the rotation list in a given area and it is well known that defendants often like to think their counsel is inadequate simply because they are court appointed. So often with difficult clients such as Arias they will attempt to run thru as many as possible but more often judges have to make it difficult to keep their dockets moving. Jodi Arias IMO is an anomaly and a manipulative runaway train and has been from the start. But if you are in a position to hire an attorney, as HM has obviously represented, the court will give far greater leeway, no one wants to set up an issue on appeal by barring someone to retain counsel of their choice. The only reason it is at issue here is that the court recognizes the fiduciary aspect to the trust and does not want to run afoul of it I think.

Why did Heather’s Chicago lawyer Anthony Scifo apparently admit to Judge Cohen that Ary Soenardi was a shady lawyer? Isn’t the prevailing theory on this board that Scifo’s job is to get money from Sheila’s trust into a consulate escrow-fund so that it can be dispensed to Soenardi who will then make the requisite bribes?

By acknowledging that Soenardi is a suspect lawyer, hasn’t Scifo essentially put the interim trustee on notice so that the trustee now needs to vet any new lawyer with great care and particularly make a reasonable effort to ascertain that the fee the lawyer wants comports with normal fee arrangements in Indonesia?

I agree with Kamille that Scifo's intent was not necessarily to do that but he probably had no choice, all the attorneys and the judge by the time of the hearing knew of the "appearance" of systematic bribes/corruption and if he did not address it on the record, his opponent certainly would have. Personally, I would only go so far as to say his job was to obtain money from the trust for his client since the negotiations had stalled.

 

[nightwatch]

I think once the case goes to trial and even prior to that, there has to be very good reason to dump a lawyer in the US. Especially a court appointed one. Think Jodi Arias.

MOO

Yes was my thought also. Are judges accepting the bribes after convictions and before sentencing? The post above describing light sentences sounds like based on bribes after convictions. Jmo

ciao

 

[Orange Tabby]

Someone really needs to clarify that the system is different, there is no such thing as a "defense" attorney and they all pretty much do the same thing, except for the ones who bribe. There is no jury here. Attorneys do not try to convince lay people that their client is innocent. The accused themselves are the ones who testify, not the lawyers for them. At least that's my take on it based on watching Van Der Sloot's trial in Peru.

I know that people on this board have said before “there is no such thing as a defense lawyer in Indonesia.”

Some thoughts:

1. How would William Wiese or his lawyer convince either the judge or the interim trustee of this fact? Is there some clearly reputable source which makes this point?

2. It doesn’t actually seem like a true statement to me. For example, I used the Martindale.com site. They provide details on lawyers. (I believe that lawyers have to pay to be listed, so it isn’t a complete list of lawyers by any means. For example, I can’t find Anthony Scifo listed.)

A search on all lawyers in Indonesia comes up with 272 results, but a search of criminal lawyers in Indonesia comes up with only 8 results. And each entry lists the lawyer’s specialties, and this list is different for each lawyer. They don’t all practice the same kind of law.

This seems to clearly suggest that lawyers in Indonesia engage in some specialization and that not all lawyers practice criminal law.

http://www.martindale.com/Results.aspx
http://www.martindale.com/criminal-law/c-indonesia/all-lawyers.htm

Similarly, the Australian consulate offers a list of lawyers in Indonesia, with specialties listed. Only some on that list say they do criminal law.

http://www.indonesia.embassy.gov.au/jakt/lawyer.html

This URL lists Indonesian lawyers by specialty:

http://www.asialawprofiles.com/Jurisdiction/64/Indonesia.html

3. Just because a defense lawyer doesn’t argue before a jury doesn’t mean a defense lawyer can’t have an effect on the defendant’s case -- even without bribery. Assuming Heather testifies (is she compelled to do so?) a good lawyer could warn her what kinds of things to avoid saying at all cost, even without telling her to lie. A good lawyer could point out what sorts of things the judges will find most compelling as evidence and counsel her that she needs to explain these things or she will probably be found guilty. A good lawyer might practice with her, a poor lawyer might not bother. Even in the U.S., where criminal law is a clear specialty, there are some good criminal lawyers and some who aren’t so good. Not all lawyers are the same.

I don’t want Heather to get off, but I do believe a defendant has the right to the lawyer of her choice if she can pay for such a lawyer, even if this sometimes means that people who are guilty get off. And obviously I’m very disappointed that Sheila’s trust will pay for Heather’s defense lawyer.


Many thanks to those who offered good explanations for Scifo’s remarks in Friday’s hearing.

 

[Orange Tabby]

If you could advise William Wiese, what would you suggest to him that he argue before the interim trustee to ensure that he or she doesn’t facilitate bribery by Heather? Would newspaper articles be persuasive to a former judge?

 

[Orange Tabby]

Well well well ... very interesting stuff indeed! These are the points that I take from recent developments:

- HM is entitled to trust money to use on her defense (does not mean she will get the amount she wants)

- Presumably, any Indonesian lawyer will be required to submit an account for his expenditure and legal fees

- These legal fees can be verified by consulting with other Indonesian law firms about their standard legal fees

- Expenditures can be verified by checking the cost for items and their delivery in Bali (food, clothing, medical)

- The US has a FOREIGN CORRUPT PRACTICES ACT, which should apply. It says ....
"the anti-bribery provisions of the FCPA prohibit the willful use of the mails or any means of instrumentality of interstate commerce corruptly in furtherance of any offer, payment, promise to pay, or authorization of the payment of money or anything of value to any person, while knowing that all or a portion of such money or thing of value will be offered, given or promised, directly or indirectly, to a foreign official to influence the foreign official in his or her official capacity, induce the foreign official to do or omit to do an act in violation of his or her lawful duty, or to secure any improper advantage in order to assist in obtaining or retaining business for or with, or directing business to, any person."


So the way I see it is, the retired judge will allow a reasonable charge for services to be paid - once a reputable lawyer has been decided. He/she will look at any large line items on the bill and interrogate them for corruption and inefficiencies, and decide accordingly.

I keep remembering, that once officials get involved, the game changes. When bribes were attempted with the lawyers provided by the Aussie govt for Schapelle, all bets were off. She was sentenced to 20 years, did half of that, and is confined to Bali for 3 years under 'strict' parole conditions.

It should be very good that a retired judge is administering the trust fund now (and presumably only a set $ amount of that trust fund) for HM's defense.

I hope TS hears about this, and realises he has no trust fund, and the fund can't be accessed for him - and he starts whistling like a canary.



Foreign Corrupt Practices Act
http://www.justice.gov/criminal/fraud/fcpa/

As a partial answer to the question in my previous post, I would urge Wiese to read SouthAussie's contribution quoted above.

I reproduce it in its entirely, because it covers so many points very well.

 

[Orange Tabby]

Judge's Ruling -- Scifo's reaction

According to CBS2, the local Chicago affiliate, Anthony Scifo made a statement after Friday's hearing. The article reports,

“We’re just happy that she’s going to have some funds available for her so she can have a proper legal defense,” Anthony Scifo, Mack’s attorney, told reporters in Chicago.​

There's a video accompanying the article, where you can see Scifo after the hearing. It also has some video of both Tommy and Heather, each taking their turn in The Big Chair, my current name for Bali's defendant hot seat. (It's actually made of what looks like very nice wood and with attractive carving.) Also, on the video the reporter says that Judge Cohen said,

"Mr. Wiese is the one to take the money if she [Heather] dies. That seems to be problematic."​

The local reporter also questions Scifo, and it seems Judge Cohen wants a new attorney for Heather by Monday and Scifo notes that he would be working throughout the weekend on this.

The video news report is annoyingly over-dramatic, for example drawing attention to Tommy's apparent tears in court with a close-up.

http://chicago.cbslocal.com/2015/01...-right-to-frust-fund-for-bali-murder-defense/

 

[FigTree]

Judge’s Ruling – Sun-Times Update

Cohen told Scifo to send the judge in Bali “his compliments” and also to urge him to delay the trial while Mack finds a new attorney.​

http://chicago.suntimes.com/news-ch...-area-woman-right-trust-fund-criminal-defense

RSBM


I found this comment from from Judge Cohen quite veiled, yet telling.
It seems its not just HM's lawyer Cohen is sending a message to.

http://www.news.com.au/world/bali-p...indonesian-jails/story-fndir2ev-1227014030151

In the letter, Lubbe spells out the financial proposal put to him: “My lawyer, Mr Ary B Soenardi, said I must give $30,000 US dollars and I will get a low sentence. My lawyer and the prosecutor agreed on the price.
The money is to go to the prosecutor and the judge.”
The letter continues: “I am not the only one. There is (sic) some lucky foreigners that paid up to $120,000 US dollars. They got low prison terms. The ones that could not pay, well just look at the long terms in prison and you will know they could not pay this (sic) heavy monies (sic).”
-----
“No money, no honey,” Lubbe says of the system.

 

[Kamille]

If you could advise William Wiese, what would you suggest to him that he argue before the interim trustee to ensure that he or she doesn’t facilitate bribery by Heather? Would newspaper articles be persuasive to a former judge?

I guess I'd hope he can get some type of fee schedule for lawyers in Indonesia and pay very careful attention to the reputation of who HM chooses next.

This article talks a bit about "advocates" (lawyers) in Indonesia. It really is a developing profession.

http://m.thejakartapost.com/news/20...-legal-profession-a-lawyer-s-perspective.html

 

[Suthrnqt]

Subscribing ....

 

[Kamille]

Don't know how old this book is but it also gives some info about advocates and the judicial system in Indonesia.

https://books.google.ca/books?id=Ni...age&q=indonesia advocates association&f=false

So I wonder if Scifo has found anyone yet? Judge Cohen was shooting for today. I believe she's due back in court on Wednesday? How did Scifo get involved anyway? :waitasec:

 

[east2west]

Anyone have the vine link from HM which includes an uploaded clip of SvWM?

Sent from my SCH-I605 using Tapatalk

 

[gracehatter]

I know they are back in court in Bali on what will be their Wed. What about in Cook County...was there a date set?

 

[SouthAussie]

RSBM

Originally Posted by Orange Tabby
Judge’s Ruling – Sun-Times Update

Cohen told Scifo to send the judge in Bali “his compliments” and also to urge him to delay the trial while Mack finds a new attorney.

http://chicago.suntimes.com/news-chi...iminal-defense

I found this comment from from Judge Cohen quite veiled, yet telling.
It seems its not just HM's lawyer Cohen is sending a message to.

I agree, FigTree. Sending someone your 'compliments' may be something you do to an old acquaintance that you haven't seen for a while ... "Oh, you are seeing Judge Smith this weekend? Please send him my compliments". But for someone you (presumably) do not even know, it seems more like an "I'm watching you, pal" kind of message.

Not that I think that kind of innuendo will be understood by an Indonesian judge ... but it may be. And just the fact that an overseas judge is involved at all may be enough to make them sit up straight in that court. Or not. Do they even care what the rest of the world thinks of them? With their horrific death sentences for some drug runners, and their pathetic slaps on the wrist for other similar drug runners. "Oh, they got a light sentence. I am going to advise them not to appeal."

 

[Hiandmighty]

I think he meant "send him my regards..."

 

[SouthAussie]

For the heck of it, I looked up the Law of Precedent in Indonesia. No surprises ... there isn't one.

"Following the civil law tradition of the Netherlands, Indonesian courts do not apply the principle of precedent that is so familiar among Common Law jurisdictions."

http://livinginindonesia.info/item/indonesian-law