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

[SouthAussie]

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/

 

[Orange Tabby]

Judge’s Ruling – View from the Big Apple

The New York Daily News has weighed in, based primarily (or perhaps entirely) on unspecified wire reports. Some excerpts:

…Judge Neil Cohen said he would not allow Heather Mack, 19, to abuse her mom's estate "as the goose that laid the golden egg," the Chicago Tribune reported.

The teen's lawyer filed a motion Thursday in Cook County, Ill., seeking $150,000 from her trust fund, which is overseen by her uncle. But Judge Cohen's ruling did not stipualte [sic] an amount and warned that the monies would only be released to pay for a reputable lawyer. "Someone who's not slipshod, fly-by-night and who is going to take the money and run," he said.

There is debate over the qualifications of a local lawyer hired by Mack.​

http://www.nydailynews.com/news/world/u-s-teen-bali-murder-trust-fund-pay-lawyer-article-1.2081165

 

[ajaylee]

Judge’s Ruling – View from the Big Apple

The New York Daily News has weighed in, based primarily (or perhaps entirely) on unspecified wire reports. Some excerpts:

…Judge Neil Cohen said he would not allow Heather Mack, 19, to abuse her mom's estate "as the goose that laid the golden egg," the Chicago Tribune reported.

The teen's lawyer filed a motion Thursday in Cook County, Ill., seeking $150,000 from her trust fund, which is overseen by her uncle. But Judge Cohen's ruling did not stipualte [sic] an amount and warned that the monies would only be released to pay for a reputable lawyer. "Someone who's not slipshod, fly-by-night and who is going to take the money and run," he said.

There is debate over the qualifications of a local lawyer hired by Mack.​

http://www.nydailynews.com/news/world/u-s-teen-bali-murder-trust-fund-pay-lawyer-article-1.2081165

This is the first time I've seen an allegation that TS blamed HM.

 

[Wagara]

Sad that her victim is paying for her defense. So sad.

 

[SouthAussie]

This is the first time I've seen an allegation that TS blamed HM.

Ooh .. that is interesting, ajaylee. Thanks for pointing it out! It may be why they are being tried separately. And maybe they think, like so many jury trials, that if they point the finger at each other the jury will get confused and be undecided and they won't convict.

Too bad that this is not a jury trial, and is not a TV show, and is in a country where the defense and defendants can say very little.


"Mack, who is seven months pregnant, blamed her boyfriend for killing her mother, police said, while Schaefer blamed Mack."

http://www.nydailynews.com/news/world/u-s-teen-bali-murder-trust-fund-pay-lawyer-article-1.2081165

 

[SouthAussie]

Sad that her victim is paying for her defense. So sad.

In this case I read last night, the murderer had accessed money belonging to the victim, but was forced to pay it back after being taken to court under the slayer rule.

The parents got a civil wrongful death suit going after the criminal trial (where he was absolved of all blame), won the wrongful death suit, then took him to court under the slayer rule, and he had to repay every cent he spent of the victim's money.

http://verdict.justia.com/2013/02/05/mamas-in-the-graveyard-papas-in-the-pen

 

[nightwatch]

Oh no, here we go. I had no idea the extent of the bribes and what they can do until SouthAussie shared some interesting stories. Kamille saw it coming. And thanks to Orange Tabby for keeping us informed about today's ruling. Now, to find out HM can get some money is a real disappointment.
Good thing there's lots of eyes on what's going on with the money.

It's going to get interesting. Going to be reading here, learning a lot, and practicing my breathing exercises.

I need to sit down and breath with you! Another case of victim be damn, all about killer rights. So.. Does anyone think HM will help TS with a handout? Smh

ciao

 

[ajaylee]

Something I read has been niggling at me and might now make sense. One source commented on the big difference in the way the two acted towards each other when they were reunited in the prosecutor's office (kisses, smiles) to their attitude when they went to court, particularly noting TS broke down. At first, I thought TS might be overwhelmed at seeing his mom, although you'd think if she's gone all that way, she'd have already seen him in Kerobokan.

I wonder if the difference between that first reunion and now is actually that TS knows HM has halved her $ request. Perhaps she's cut TS loose and promised to get him out after she gets back to the US - or not - and he realizes he may be getting hung out to dry. So she's still acting cocky and confident, just as she did at their first reunion, but his outlook might be a great deal worse.

Something else: HM owes Elkin $150K - is that getting pro-rated now that she seems to have dispensed with his services?

 

[SouthAussie]

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

 

[SouthAussie]

Oh, silly us. :doh:

It is NOT a rubber band ring, it is a genuine red string engagement ring !!!!!

The 19-year-old had a red string tied around her engagement ring finger
as she waited behind bars on Wednesday.
Mack will stand trial for her mother's murder alongside lover Tommy Schaefer

http://www.dailymail.co.uk/news/art...million-estate-pay-defense.html#ixzz3P2NeqNjy

 

[Orange Tabby]

Judge’s Ruling – Associated Press

Here are a few extracts from the AP version of the story:

... Cohen said that 19-year-old Heather Mack can use at least some of the $1.56 million to pay legal fees despite the objection of her uncle, William Wiese...

The judge appointed an interim trustee to review the hiring of a new attorney for Mack and said the details of how much money will be paid out from the trust fund would be decided at a hearing in Chicago next week.

At Friday's hearing in Chicago, Mack's attorney raised questions about her current lawyer in Bali, saying Mack hired the man after hearing he represented several international drug smugglers.​

http://www.therepublic.com/view/story/86a2032ce16d45ffb93a7ee2c7d63a0d/US--Indonesia-US-Woman-Dead

 

[Orange Tabby]

...It is NOT a rubber band ring, it is a genuine red string engagement ring !!!!! ...

SBM

How appropriate. Heather has been stringing Tommy along for some time now...

 

[nightwatch]

How appropriate. Heather has been stringing Tommy along for some time now...

Lol

ciao

 

[Kamille]

WTH is going on with all these shenanigans? Elkin and Favia wanted a $150,000 retainer for what exactly? Travel expenses to a country where they have no ability to practice law? Long distance phone calls? Those two were sure jumping on the golden goose band wagon. I'm actually glad to hear that HM cut them loose. Or did she? How did this Scifo guy in the US now get involved? Who hired him? HM using her contraband cell phone in prison pulling some strings in the US?

And it didn't take her long to get the name of a shady lawyer who could get her off with a good bribe. I knew she'd adapt well to Kerobokan.

And what on earth can an attorney actually do for her that's worth anywhere close to those kind of figures? I do not believe for a minute that attorneys in Bali are making the same kind of money as high priced attorneys in the US. We had an article posted here that talked about how people didn't even have attorneys there not that long ago. It was recently made mandatory and attorneys are provided for everyone. They do very little in the trial do they not?

I hope this bribe rumour is all over Bali and that the lawyer and judges back off. And I hope these lawyers in the US really do their homework about what lawyers do or better yet don't do in criminal trials in Bali.

Meanwhile, no lawyer is trying to get money out of TS. Why is that?

MOO

 

[Hiandmighty]

Been meaning to say-- I'm actually ok with TS's mom using some of the fund money to go over there for the trial. It was mentioned in one of the articles that someone questioned it. I think she needs to be there.

 

[otto]

HS ... TM ... I don't understand this.

If the initials relate to arrested suspects, it's perfectly okay to post the names of the people accused of the murder. If HS and TM refer to people unrelated to the murder, who are they?

 

[ajaylee]

Cohen says HM has to change Bali attorneys. He's trying to do the right thing, although 1) he clearly doesn't understand the very limited role attorneys seem to play (legally, anyway) in Bali's system and 2) I suspect this attorney can easily find a front man, although I think he'll want more money if he has to split an already-reduced amount.

Too bad SWM's brother isn't connected and the US doesn't take much interest in Indonesia. With a new president vowing to crack down on drug dealers, maybe he'd be upset if a few international reporters started asking questions about corruption in the judicial system, particularly involving HM's attorney. Perhaps the word would go out to back off and play it straight for once. Unfortunately, they're a world away and I don't see that happening.

 

[Orange Tabby]

HS ... TM ... I don't understand this.

If the initials relate to arrested suspects, it's perfectly okay to post the names of the people accused of the murder. If HS and TM refer to people unrelated to the murder, who are they?

First off, it's HM and TS!!

Second, and to your point: I think most folks do this because it's quicker and easier than typing "Heather Mack" and "Tommy Schaefer" every time. I don't know anyone here who is trying to shield these two nightmares. Don't imagine for one second that initials are being used to protect them! Myself, I mostly use first names. Not because I feel chummy with anyone associated with this case (quite the reverse in the matter of the two defendants), but because last names can be confusing when there are several people of the same last name (Heather Mack, James Mack, and the murder victim -- who at times in her life was known as simply Sheila Mack).

This is the only case I follow here at Websleuths. What do people do in other threads?

 

[otto]

Heather Mackie? Accused of murdering her mother in Indonesia?

It doesn't matter how many attornies Heather Mackie (sp?) has, she is guilty of being in the room at the time that her mother was bludgeoned to death. The same is true for the boyfriend of Sheila's daughter. Shiela's daughter's boyfriend was in the room when she was murdered. So was her daughter.

Who cares if her daughter is pregnant. Apparently the Indonesians are doing a remarkable job of ensuring that the child is born healthy (a necessity in prison). The murderous daughter will appeal for her life, but she and her boyfriend should be imprisoned for murder for life. Their daughter should be allowed to inherit her father's legacy ... which we all know her mother was not looking after ... that is, the mother was not preserving the inheritance for her daughter, she was spending it faster than she could replace it.

 

[otto]

First off, it's HM and TS!!

Second, and to your point: I think most folks do this because it's quicker and easier than typing "Heather Mack" and "Tommy Schaefer" every time. I don't know anyone here who is trying to shield these two nightmares. Don't imagine for one second that initials are being used to protect them! Myself, I mostly use first names. Not because I feel chummy with anyone associated with this case (quite the reverse in the matter of the two defendants), but because last names can be confusing when there are several people of the same last name (Heather Mack, James Mack, and the murder victim -- who at times in her life was known as simply Sheila Mack).

This is the only acronym case I follow here at Websleuths. What do people do in other threads?

Thank you for the acronym explanation. I've followed the case since the headlines hit the news, but I'm not good with acronyms ... no reason.

So is it understood that they (the HC and TM acronym people) were the last known people to be seen with mom prior to delivering her in a suitcase to the cab and fleeing the scene?