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

[nightwatch]

I also noticed that TS looks VERY thin in his court photos. Thinner than he looked before, head shaved. Stress .. inadequate food intake .. drugs .. worry?
HM, on the other hand, looks well-nourished, clear skin, healthy hair, calm but angry.

http://www.zimbio.com/pictures/XVVC...s+Trial+Bali+Court/nmNDcqZWNlG/Tommy+Schaefer

Well as events have turned in HM's favor it's time for TS to be afraid very afraid. We need to see those text messages. There has to be even more to the story.

Its terrible news about the trust money seems so wrong even though we all understand the ruling.
I do believe HM will somehow get if not money maybe food and other items delivered to him. Jmo



ciao

 

[SouthAussie]

So, this is how they initially looked for other defence lawyers

Last Saturday, Mack’s Chicago-based attorney, Anthony Scifo, released a statement asking attorneys “with murder trial experience in Indonesia” to contact his office. He said candidates would be required to agree to “an anti-corruption and anti-bribery clause.”

Neither Scifo nor Michael Elkin, her other attorney, immediately responded to requests for comment on Tuesday. -Reuters

http://www.nst.com.my/node/70361


I'm assuming that Soenardi would have had to sign the anti-bribery and anti-corruption clause to guarantee his position?

(and it sounds as though Elkin and Favia - and Scifo and Mackoff - are all going to stick around with their hands out for their piece of the pie.)

 

[Curious Me]

Forgot to ask, how many people here purchase $560 US a month worth of groceries for just themselves here in North America or in Australia? In what reality is that a reasonable amount to be sending to a person in prison in a third world country for "food". So we can only assume it's for the person who was already hired and being paid by Favia and Elkin to bring her food. Again that seems excessive to be paying a person in Bali when the minimum monthly wage is $116 US. Anyway... I guess the money covers the food plus their delivery fee and maybe some extra for a salon day once a month to keep her hair and nails nice and pretty? Oh yeah...and the cell phone bill.

MOO

It sounds like $560 a month for food would go far in Bali. This is interesting to find out what I could get in different countries for a dollar. For $1.00 I could get carrots in Australia (#2) or maybe some Scotch Finger Biscuits, but water sounds expensive.


What A Buck Buys You Around the World
http://www.msn.com/en-us/foodanddri...-buys-you-around-the-world/ss-BBg3KNL#image=9

Indonesia
"Any traveler will see that $1 USD, which equals about 10,000 Indonesian rupiah, can get you pretty far throughout the country, even in the popular and touristic island of Bali. Rice cones, or a banana leaf with white rice, vegetables, and beef, chicken, or fish dressed in a spicy sauce, are popular items for just one dollar and can be purchased as street food from local vendors in Bali, the Gili Islands, Flores island, and across much of Indonesia. Also available for a buck is the country’s national dish of nasi goreng, or stir-fried rice with eggs and vegetables mixed in as well as beef or fish on occasion, and all dressed in a spicy sauce (hint: add sambal, the country’s spicy condiment, for an extra kick)."

 

[Curious Me]

How does Tommy explain himself out of the supposed premeditation texts between him and Heather?

He could try - "Well, we were thinking of killing her mother, more in a joking way, but then I showed up with a lovely, surprise fruit bowl hidden under my shirt to be friendly, but her mother called me a name. Honest, it wasn't planned." Lots of ruck with that. I wouldn't buy it.

 

[Orange Tabby]

No reports yet on what happened today in court in Denpasar.

I did find an article written in Indonesian which seems to say that the proceedings only lasted 20 minutes. If that’s true (and I have no idea if the source is reliable), then maybe the defendants merely entered pleas?

The Indonesian article concentrated on a strange little fracas in the holding cells before court. It seemed to have involved Heather and Tommy getting into some kind of argument with another prisoner in the cell over a very minor matter. Officials had to intervene. And Heather complained about photos being taken of her.

You can read about it here:

http://www.merdeka.com/peristiwa/te...andung-ribut-dengan-terdakwa-lain-di-sel.html

If you don’t speak Indonesian, you’ll have to do what I did and use Google Translate.

Oddly enough, the Daily Mail also reports on this incident and their story is quite different. It wasn’t an argument, there was no tension, and Tommy was in another building. It was all merriment and laughs with Heather and the other inmates. A Girls-Just-Want-to-Have-Fun kind of thing.

The Daily Mail also has a short video, which includes a few seconds of wisdom from Ary Soenardi (the screen caption listing him as lawyer for both Heather and Tommy), whose English is pretty rotten. But he seems to have made sure that Heather had a soft drink from McDonald’s. I hope he saved the receipt for Mackoff.

The weirdest thing about the video is that there appear to be roosters *advertiser censored*-a-doodle-doo-ing in the background. Is the courthouse next door to a farm? Or have my ears deceived me?

You can read about it here:

http://www.dailymail.co.uk/news/art...ellmates-reveals-misses-jailed-boyfriend.html

 

[gitana1]

Remember Tommy then? http://websta.me/n/tommyexx

Tommy looks awful now. As a mother, it must be hard to believe your son actually turned out to be a murderer of a gracious, older woman. It depends on what his Mom experienced with him, but I bet she doesn't like Heather one bit and blames her. It seems Tommy really veered off course when he met Heather. She worked on his weakness of wanting the easy, rich lifestyle, and he made the worst decision of his life. Her history of violence is documented -- Heather had been beating up on her Mother all her life. She was the one trying to pay someone to kill her Mother. Wonder if he still feels loyal to her. He's been such her fool. Does wearing that ring help him look better for the court? How much will they end up turning on each other?

His path wasn't that straight to begin with. Has everyone forgotten his history? Known for creating dramas, being emotionally manipulative, lying straight to adults' faces? How about his arrest for assaulting a 44 year old man in 2012, or for disorderly conduct when partying on SVW's dime? How about usin g her credit card and monies for things like parties and plane fare, without permission? Or telling a buddy he was going to come back from Indonesia with money and posting how he might not come baaack from there?

HM is despicable and it is horrifying to me that she might bribe her way out of justice. But this guy is no poor wayward youth who was coerced by a wicked city woman. He murdere another human being in cold blood. He beat her to death so horribly that it was deemed torture. It takes a special kind of monster to do something like that. The man had it in him when he met his match.

[I made some cuts in the above.]

First, you are very welcome Kamille. The coverage of the judge's ruling leaves a fair amount of wiggle room in interpretation. Not necessarily because the judge left it that way, but because the various reporters were by no mean unanimous on any number of important points.

Second, thanks for the confirmation that the condo was transferred in June 2014. That was something I was going to look up, but I trust you completely and so am saved that task. But there are other aspects of the crazy Christy Gutowski's reporting I question. For example, Jon Seidel in the Chicago Sun-Times reported (and this has been discussed here on Websleuths in previous Sheila threads) that Sheila established her trust before her husband died, and the details of that was something thing I want to look up. I very tentatively think that what happened in May of 2014 was that Sheila made some specific legal choices concerning her existing trust, not that she set it up a trust de novo in that month.

Third, my-oh-my-oh-my! I do not think Heather knew she would be under her uncle's yolk until she was 30! While Judge Cohen may have removed that particular constraint for the time being, Heather's now got a retired Cook County judge looking down her neck. Who the hell wants that? I hope he starts monitoring her vines.

Whats the stip about age 30?

Such darkness.

You are right to remind us, SouthAussie.

I will spare a thought today for these men and women I didn't know and can now never know, as well as for the grief of their families.

It's pretty barbaric- executing someone for drugs. Disgusting. Inhumane.

Judge’s Ruling – Sun-Times Update

The Sun-Times story on the judge’s ruling, originally posted at 12:05 p.m. on the 16th, has now been extensively re-written but with no indication that the original post has been changed.

Some excerpts:

[Judge Cohen] wanted to know what Mack’s attorney, Anthony Scifo, was hiding, what he didn’t want to say in open court Friday. Finally, a reluctant Scifo lifted the lid on Mack’s netherworld existence, where, he said, she’s in a Bali jail surrounded by accused drug smugglers who sometimes push chosen lawyers on the uninitiated.

Cohen said Mack needs to pick someone besides the lawyer she’s got in Bali — Ary Soenardi — before he will sign off on the release of funds.

“You’ve given me every reason to doubt whether this gentleman . . . is committed to represent his client in an effective manner,” ...

Wiese attorney, Eric Dorkin, told Cohen that his client has an obligation to “act in the best interests of the trust.” [Wiese is concerned] ... that trust money could be used for corrupt purposes in Bali.

A testy Cohen at one point snapped at Dorkin, “What is your duty to her?” [Heather Mack].

Cohen … appointed a retired judge as interim trustee to review the hiring of a new lawyer for Mack.

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

I'm pretty saddened that she's getting funds from her mothers estate to defend her murder of her mother. Why is this judge so vested in that monster's well being? I feel there were ways to not give access to the estate to the murderer.

Not suggesting he get a pass at all for what he did. He is the actual murderer in this scenario it seems. But it wasn't his idea that Sheila had to die. He was coerced IMO. He's still a brutal murderer with no compassion. What I feel, however, is that he is the lesser "evil" of the two and while he deserves the ultimate penalty for first degree premeditated murder, so does she. It's looking like she might just actually walk from this. No way is that justice. She deserves the same. They were in this together even if only one did the bludgeoning. I believe HM was right there by his side egging him on.

MOO

I think she deserves equal punishment and f she gets away with it while he doesn't, that would be a grave injustice. But I'm surprised at the efforts to paint this man as some confused young person who was good until he was seduced and coerce by HM.

He was going to Bali expressly to murder an older woman for money. I don't think he needed much convincing. He's a remorseless destroyer. He actually had sex and slept after battering a human into a mush able mess that could be squeezed into a suitcase.

Coerced? Lesser of two evils? Hogwash in my opinion. He had it in him. Heather picked well.

Judge Cohen approves Ary Soenardi

Shocking news from a Chicago courtroom: Cook County Judge Neil Cohen has ruled today that Sheila’s trust fund can be used by Heather to pay Indonesian attorney Ary Soenardi to serve as her defense lawyer.

Here are some excerpts from a report in the Chicago Sun-Times by Jon Seidel:

On Tuesday, Cohen …[gave] Mack the go-ahead to pay Bali attorney Ary Soenardi — but with conditions.

At the Daley Center hearing, Cohen approved $150,000 from the fund for Mack’s defense, but said Soenardi must provide an itemized bill. The money can’t be used to pay for the defense of Mack’s co-defendant and boyfriend, Tommy Schaefer, Cohen ruled.

Mack insisted on that attorney, and Cohen ruled she’s entitled to the attorney of her choice.

Benjamin Mackoff, who is serving as interim trustee for the trust, said that when it comes to to Mack and Soenardi, “she is definitely within his control. She refuses to have any other attorney.”

Mack will also get $2,240 from the fund to pay for her next four months’ worth of food.​

http://chicago.suntimes.com/news-ch...paid-trust-fund-murder-defendant-heather-mack

That monthly amount will pay for much more than food. Boy, that girl continues to be pampered and spoiled. Even now.

Well there's the rub. Cohen has ruled that while HM is not convicted of her mother's murder, the funds must be released for her heath and well being. So if she gets off on these charges, the trust is still hers. And IF WW files a wrongful death suit against her, she still continues to have access to the money because of the "wishes of SVWM" to support her. Which means there will not be a hold on the funds, just a trustee with a conflict on them. What a mess. It should be made a standard clause in ALL wills that all bets are off if you are murdered and your heir is the suspect and/or charged with your murder. Right from the initial suspicion/arrest, not post conviction.

MOO

Oh, I think the judge could've stayed any dispersement pending trial. He chose not to.

I wonder if Mr Wiese can get a wrongful death suit going now. There is social media evidence that HM plotted her mother's murder. The murder trial is not being held in US courts. There is significant evidence that HM is absolutely guilty of the wrongful death. Would a US court have to wait for a ruling from a criminal court in another country? Can he not proceed in a civil matter now? With a ruling in the Bali case likely before a US civil matter even hits the court docket.

He can and I hope he does.

Judge Cohen approves Ary Soenardi – SunTimes Update, Part 1

The Jon Seidel story in the Sun-Times, which I linked to earlier today, has been changed considerably, even though there is no acknowledgement of this on the webpage and even though it still bears the posting time of 11:52 a.m.

Here are some excerpts from the new version, none of which were in the story at the time I posted the original link, except the first quotation, which is an expansion of what Seidel originally wrote:

“She is definitely within his [Soenardi’s] control,” Mackoff said. “She refuses to have any other attorney than Ary Soenardi. And she will not accept any other attorney at this point.”

So Cohen said, “she’s got him.” … “We can’t protect people from themselves,” Cohen said.

Mackoff and the other lawyers broached the idea in court Tuesday of retrieving Mack from Indonesia so she could stand trial in the United States. But Cohen called that “magical thinking.”

“I don’t have a right to order that,” Cohen said.

But he did have questions about Mack’s deal with Soenardi.

“What’s the contract between the client and this attorney who’s never tried a murder case before in his life?” Cohen said.​

http://chicago.suntimes.com/news-ch...paid-trust-fund-murder-defendant-heather-mack

I realize Mackoff is an oldster (my guess: born circa 1932), but the very idea that Heather could be “retrieved” from Indonesia to stand trial instead in the U.S. is utterly demented. I am shocked that any of those attorneys would say such a thing in open court. I now fear that Mackoff hasn't got clue one as to how to monitor Soenardi.

It’s clear that Judge Cohen thinks that Soenardi is a poor choice for Heather because Soenardi hasn’t previously tried a murder case. He really is completely unconcerned about bribery and actually worries that Heather doesn’t know what she is doing.

Heather knows exactly what she’s doing.

Yup. She does know. She is quite crafty. I don't get this judge. She hired the best chance at freedom that she's got.

 

[Orange Tabby]

I've been scrambling my brain by reading Google Translate versions of Indonesian articles and can report this:

1. It does seem that today's court session was very short and was essentially to enter pleas.

2. Tommy and Heather, while waiting in the holding cell, were hiding their faces under a towel or small blanket, in part to keep from being photographed. A woman in the cell with them grabbed the cloth away and photographers started snapping pix, which annoyed both TS and HM and they reacted in an unfriendly manner and slightly undiplomatic words were exchanged. There is, however, a tantalizing mystery in the account. The Face Exposer, variously described as chubby, portly, and the like, did something which involved her hips, but I'll be darned if I know what. I certainly like to think it was insulting to the mother murderers.

3. The chief judge in this case is named Made Suweda.

 

[Orange Tabby]

OMG—The “Gang” is Back!

The Associated Press is reporting on today’s proceedings in Denpasar. Defense lawyers, the article says, argued that the indictments against Heather and Tommy are absurd and inaccurate. From the short article:

In their pleas Wednesday, the lawyers said indictments submitted last week raised questions of whether other people entered the victim's room and killed her. They asked the judges to annul the indictment for the sake of law.​

http://www.utsandiego.com/news/2015/jan/21/lawyers-indonesian-murder-charges-against-us/

Can bribery even make statements made by suspects during reenactments disappear? There seems to be a lot of magical thinking in this case.

 

[Orange Tabby]

“No Credible Witnesses”

Reuters has a longer story about today’s court session. From it, we learn:

--In Indonesia, a defendant doesn’t enter a plea until the end of the trial.

--Today was devoted to the defendants’ offering their defense statements. They appear to be prepared in advance and read out, word for word, by the defense lawyer.

--The only defense attorney mentioned by name in the article is Edi Iswahyudi, a lawyer for Tommy. He was described as “a member of Schaefer’s legal team,” so I assume Tommy has more than one lawyer.

--Iswahyudi “object[ed] to the prosecutor’s letter because it’s not valid.” I’m guessing the “letter” refers to the indictment.


Excerpts:

Tommy Schaefer and Heather Mack, both from Chicago, argued through their lawyers that the prosecutor's case lacked credible witnesses and was unclear on where the crime took place.

According to Schaefer and Mack's defense statements, which were read out in Denpasar District Court, evidence in the case was also prone to manipulation.

The presiding panel of three judges will decide on Jan. 28 whether the trial will proceed or if the case will be dismissed due to inadequate evidence.​

http://news.yahoo.com/u-couple-present-defense-bali-suitcase-murder-case-100935369.html

 

[SouthAussie]

Hahahaha - I love Google translate - it is so ...... funny! :hilarious:


While in the cell waiting room , the two had an argument with another bear.

" Horee look , let's photographs " Said one chubby women prisoners , in role in the cell , Wednesday ( 21/1 ).

Heater and Tomy upset over it . And was asked what he meant . " Huy , What do you want , " snapped Tommy , his eyes fixed to the female prisoners .

Feeling not received, the woman then went to both. " Why , weve nothing wrong ? " the woman snapped , reply .

Meanwhile , the photojournalist seize the moment this commotion . " Stop the camera , Stop , " snapped Heater holding her belly .

It appears , Heater and Tommy , kept babbling . Up to make the woman rose from her seat back . "Then you wants what , let's answer ! What do you want , " the woman snapped while on her hips .

http://www.merdeka.com/peristiwa/te...andung-ribut-dengan-terdakwa-lain-di-sel.html
https://www.google.com.au/webhp?sourceid=chrome-instant&ion=1&espv=2&ie=UTF-8#q=google translate

 

[Orange Tabby]

The Indictment is Unpunctual!

According to an account published by news.com.au of today’s court proceedings, the defense argues that the prosecution case is “null and void” because the indictment states "room 616" in a place where it should actually state room 317.

The presiding judge has given the prosecution a week to amend the relevant documents.

The only attorney for Heather mentioned in the article is Novi Wirani, who is described as “recruited by Mack after she dumped her previous counsel.”

Excerpt:

Both Novi and Schawfer’s lawyer Iswahyudi said the indictment was “unexamined, unclear, and unpunctual, so (would) have to be null and void.”​

http://www.news.com.au/world/bali-s...-for-killing-her/story-fndir2ev-1227192563907

 

[SouthAussie]

Originally Posted by SouthAussie

I wonder if Mr Wiese can get a wrongful death suit going now. There is social media evidence that HM plotted her mother's murder. The murder trial is not being held in US courts. There is significant evidence that HM is absolutely guilty of the wrongful death. Would a US court have to wait for a ruling from a criminal court in another country? Can he not proceed in a civil matter now? With a ruling in the Bali case likely before a US civil matter even hits the court docket.

He can and I hope he does.

Thanks for clarifying this, gitana. Well, if that is the case, Mr Wiese better get right onto it imo.

 

[Orange Tabby]

Whats the stip about age 30?

[SBM]

One of the things we've learned in the last few days is that Sheila set up her trust so that until Heather turns 30, the trustee (who was her brother William Wiese, now replaced--at least for the time being on account of conflict of interest) controls disbursement of the funds.

Good to see you back, gitana1!

 

[Kamille]

Looks to me like the bribe is in full force. Change the info, confuse the issue, find mistakes in the paperwork and both walk free. What's with the other lawyer listed for Heather? Is AS on to the bad press he's getting regarding bribes and taking his name out of the equation for the trial? Maybe paying a small stipend to another lawyer to take the heat and the headlines?

Why were they both being held in the same cell this week? Last week they went to separate cells. Another request from HM via AS?

This all smells. I predict they're both home in the US before the baby is born.

So what can LE in the US do about that? Anything? Considering the plot was first established in the US and they did kill her can they stand trial in the US if they are let go in Bali?

MOO

 

[Hiandmighty]

I wonder what the sentence range is for conspiracy to commit murder in Illinois.

 

[IslandLover]

Seriously, I did NOT make that up!

From the Cook County Record, he justified the increase in price from $150K (what Elkin/Flavia asked) because:



It's a 'cultural taboo' to murder your mom while you're pregnant? Who would have guessed? I'll bet Elkin and Flavia never thought of that! Of course, he doesn't explain exactly how cultural taboos, specified and TBD, run up the bill.

I think the key here is unwed mother.

 

[IslandLover]

I want to know if any of the prisoners giving out his name as a referral get a half price bribe on appeal. :floorlaugh:

It comes as no surprise to me that HM has chosen Ary Soenardi to defend her, seeing as he obtained impossibly light sentences for 3 British drug dealers recently. The ring leader, Julian Ponder, got only 6 years and it has been reported that he is living like a king in Kerobokan. His female partner was released after 11 months and is now back in the U.K. as free as a bird. The courier, Lindsay Sandiford, (who fingered them to the police) is on death row, because unfortunately she could not afford Soenardi's fees (bribes).

There will be plenty of inmates in Kerobokan who know about the usefulness of Ary Soenardi.

 

[newone]

It comes as no surprise to me that HM has chosen Ary Soenardi to defend her, seeing as he obtained impossibly light sentences for 3 British drug dealers recently. The ring leader, Julian Ponder, got only 6 years and it has been reported that he is living like a king in Kerobokan. His female partner was released after 11 months and is now back in the U.K. as free as a bird. The courier, Lindsay Sandiford, (who fingered them to the police) is on death row, because unfortunately she could not afford Soenardi's fees (bribes).

There will be plenty of inmates in Kerobokan who know the usefulness of Ary Soenardi.

bbm: without this person there would have been no arrests! very sad --

 

[ajaylee]

I'm surprised and I shouldn't have been.

Somewhere buried in all our links, I read that the bribes actually get split between Soenardi, the prosecution and the judges. I got the impression that the bulk of the money goes to them - as it should, I guess, since they have more power than the attorney. I had the impression that the attorney becomes little more than a procurer and a go-between for the client and the prosecution/judges.

Hardly surprising, then, that almost immediately there's a technical flaw in the prosecution's paperwork, an obvious one that led to confusion and discussion on this forum - but somehow that little flaw, the room number, didn't get corrected on the paperwork finally submitted. Accident? Or the prosecution getting sloppy because they're no longer actually trying to convict HM?

I hope I'm wrong, but it wouldn't surprise me if we start seeing bulletproof evidence disappearing or being thrown out because of mishandling (real or 'purchased).

I guess I just didn't expect the fix to be so blatant and above-board.

I think part of the reason HM is clearly giddy with delight is because she won the battle with her uncle, the executor. This isn't just about her getting the money for her crooked lawyer. She's managed to cast doubt on her uncle's integrity without going on record herself. In any future battle over fund disbursements (even after she's out) will, no doubt, be tainted by this. Poor man, he doesn't deserve this, on top of everything else: to have his niece, the murderer of his sister, impugn his character. This wasn't just about Soenardi: this was about someone, anyone, trying to tell HM what she can and can't do.

I posted once before: this 19-year-old high school drop out reminds me of Arias. She's not well-educated, she's shockingly ignorant on some counts, but she's managing this circus and making fools out of grown men and women. She's playing to the media like she thinks she's Paris Hilton. Being in a foreign country with no passport or money, pregnant and accused of murder - didn't even slow her down. Unbelievable.

I think all they really have to do is cast doubt on the pre-meditation. If they do that, HM will get off effectively scot-free and TS will probably go down for 15 years max.

Forgot to check to see if I could see TS's mother in court today. Looks like HM is doing what she can to keep him on the hook. Don't want him cracking now, panicking and throwing her under the bus like she's done to him. No honor among thieves and murderers, I guess.

 

[Kamille]

The kids are looking a little more relaxed doncha think? :cool2:

And I noticed this line in one of the articles...

Schaefer was charged last week with premeditated murder and Mack is charged with assisting her boyfriend in the killing of her mother, Sheila von Weise-Mack.

http://news.yahoo.com/u-couple-present-defense-bali-suitcase-murder-case-100935369.html

Is there such a charge? Assisting in murder? Doesn't say premeditated for her in that article. I guess at this point nothing is going to make sense to scramble all the facts so that the bribe won't look so obvious?

MOO