GUILTY Bali - Sheila von Wiese Mack, 62, found dead in suitcase, 12 Aug 2014 #5

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Kamille said:
The sentence for HM was more lenient because she has expressed remorse? For what? She hasn't even admitted to doing anything. I guess that's 150 grand worth of remorse? She wouldn't even be able to fake remorse.

They couldn't even come up with a reason why they went lenient on TS. I can.

I guess we wait until April to see how much the judges were paid.

:notgood:

MOO
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My bold...

I agree - I have not seen a shred of remorse at all from either HM or TS for the crime.
The biggest indication that there has been no remorse has been the support the killers have given to each other.
Playing the remorse card is text book for a lighter sentence.

If we were to believe HM...
"I maintain that I am innocent of all charges against me related to the death of my mother," Mack said. "I believe my lawyer, who has worked relentlessly on my behalf, will prove this in court."
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No remorse in that statement right there.
She cant even admit to what she has done.
 
FormerOakParker said:
Von Wiese-Mack's younger sister, Debbi Curran, told the Tribune the family is "extremely disappointed" with Indonesia's criminal justice process.
The recommended sentence is a complete and total injustice for a premeditated murder charge," Curran, of St. Louis, said Tuesday. "The evidence of premeditated murder is overwhelming. Our beloved Sheila was brutally murdered. We pray for justice for her."

My heart goes out to Sheila's family...
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I think William Wiese must be getting all his ducks in a row to file a wrongful death suit against HM after the trial is concluded. Then, the slayer rule could be invoked and HM's money would be cut off. Of course, if Stella is next in line, that is a whole other enchilada, and that money will keep that poor baby a prisoner.

Today's news was so depressing that HM and TS may be such a light sentence for murdering SWM. I'm looking for possibilities that justice can still be served.
 
Friends and family of Sheila's are outraged at the leniency being shown to HM and TS:

The woman's friend, Elliott Jacobson, said he released the emails to ensure that von Wiese-Mack's love for her only child is remembered. He and others were critical of the prosecution's suggested punishment.

"My feeling is it's awfully light given the facts," said Jacobson, of Delaware. "The prosecutor himself called the murder 'sadistic.' As for remorse, nothing in Heather's behavior from day one indicated remorse."

Added Sandra Tice, a Chicago friend, "Everyone wants justice for Sheila. It's (the recommended sentences) just not enough."

http://www.chicagotribune.com/news/local/breaking/ct-bali-heather-mack-met-20150331-story.html
 
How frustrating!

Where were Sheila's friends and family before now? I'm sure their decision to not talk to the media was for the right reasons, and I'm sure they're all diligently working in the background to do what they can to see justice served, but I can't help but think this amount of corruption wouldn't have been possible if someone was openly speaking for the victim. Now HM has been able to control the narrative from the beginning and has played the system in her favor.
 
I keep thinking about the US judge who ignored the myriad of information about the corruption in the Indonesian legal system, the myriad of information about how ingrained bribery is within Indonesia and affects all of its decisions. I may be wrong as I do not know enough about US trust law in this regard, but I look squarely at him for enabling this whole fiasco.

IMO he could have easily provided some $ for HM's food and necessities, and allowed her police appointed lawyer to continue to represent her.

And I fear that HM's actual sentence will be much less than recommended. I keep thinking of the cases where the Indonesian prosecutor recommends a sentence, the defence asks for a lower sentence and charge finding, and the judges settle somewhere in the middle ..... showing how 'fair' their system is.


.
 
I was wondering if we ever had someone versed in Illinois law and the application of their "slayer" statute to this case, specifically as to both SWM's estate and the trust created for Heather here in any of the WS threads? I know what I have read and what I think but I am unsure of my interpretation but I thought that either Orange Tabby or Gitania1 had posted some research that they had done or an opinion, or am I mistaken? I do believe that WW will file a wrongful death suit against HM in the future but I guess I am looking for an opinion from someone familiar with the state's application of the rule specifically as to the current state of the case.
 
How trustees should make decisions:

Trustees are required by law to make decisions solely with the interests of the beneficiaries in mind. They must exercise any powers and discretions under the trust deed in good faith, and for the purpose for which the powers were granted.

http://www.lawhandbook.org.au/handbook/ch09s01s05.php


I think this is why we had the discussion previously about adding words to your trust document to the effect of "the terms of the trust stand, unless a beneficiary is accused of murdering me - then they are to receive nothing".
 
:dunno:
Weezer Fan said:
And why isn't some organization trying to get that baby out of there? There was an international group, Reprieve, helping TS in the beginning to help him avoid the death penalty for crying out loud?? Amnesty International where are you??
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I understand what you are asking and why but in my opinion I am not sure they can. What "group" can you think of that could help? I can't think of any but maybe there is one out there.



SouthAussie said:
How trustees should make decisions:

Trustees are required by law to make decisions solely with the interests of the beneficiaries in mind. They must exercise any powers and discretions under the trust deed in good faith, and for the purpose for which the powers were granted.QUOTE]

And therein is what and where I think the sticky wicket lies for Judge Cohen in regards to HM's trust, anyone else recall a quote attributed to him in one of the fairly recent articles addressing one or more of the attorneys saying "I can't do that, I cannot rewrite this which is what you are asking me to do"? I don't remember where but I think it was pretty recent.
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whatthewhaat said:
How frustrating!

Where were Sheila's friends and family before now? I'm sure their decision to not talk to the media was for the right reasons, and I'm sure they're all diligently working in the background to do what they can to see justice served, but I can't help but think this amount of corruption wouldn't have been possible if someone was openly speaking for the victim. Now HM has been able to control the narrative from the beginning and has played the system in her favor.
Click to expand...

I've been thinking the same thing. Their graceful behavior in the face of all this, trusting that the law would be on their side to do the right thing for their sister, has not been rewarded.

I wonder if things would have been different if they'd been very vocal in the media, sent correspondence to the Indonesian corruption committee and perhaps the president of the country to warn that they knew what was going on. Maybe showed up in Judge Cohen's courtroom or even in that Bali courtroom to confront HM and TS. If for nothing else, just to make sure HM was not "controlling the narrative" as you've so accurately stated.

MOO
 
gracehatter said:
:dunno:

I understand what you are asking and why but in my opinion I am not sure they can. What "group" can you think of that could help? I can't think of any but maybe there is one out there

And therein is what and where I think the sticky wicket lies for Judge Cohen in regards to HM's trust, anyone else recall a quote attributed to him in one of the fairly recent articles addressing one or more of the attorneys saying "I can't do that, I cannot rewrite this which is what you are asking me to do"? I don't remember where but I think it was pretty recent.
Click to expand...


I still think he could have taken the position that AS was a corrupt lawyer out to fleece HM and refused to give him the money he demanded in her "best interest". I think he said something like he couldn't save her from herself or something like that? I think that's just what a trustee is supposed to do.

What if AS had asked for 1.5 million instead of $300,000, reduced to $150,000? Would it still have been considered in her "best interest" to send him the money if she insisted? Does the amount really matter? It's the principle IMO. I still believe they all knew (Judge, Trustee and Lawyer) what the money was for and that it's illegal. I still think they are all responsible for this, knew the score and did not act "in good faith".

MOO
 
I am fearful that the money will remain in limbo (and continue to fund Heather's expenses) if she is unavailable to defend herself in a slayer lawsuit. Looking for an attorney to opine on whether she can be sued while incarcerated overseas.
 
Kamille said:
I've been thinking the same thing. Their graceful behavior in the face of all this, trusting that the law would be on their side to do the right thing for their sister, has not been rewarded.

I wonder if things would have been different if they'd been very vocal in the media, sent correspondence to the Indonesian corruption committee and perhaps the president of the country to warn that they knew what was going on. Maybe showed up in Judge Cohen's courtroom or even in that Bali courtroom to confront HM and TS. If for nothing else, just to make sure HM was not "controlling the narrative" as you've so accurately stated.

MOO
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Exactly. With the right amount if pressure I don't think they would've accepted a bribe. Wasn't there a case where they were mostly concerned about the impact on tourism? If so, I doubt they would believe this spoiled American kid is worth the bad press & would tell her to shove her bribe money. MOO of course
 
Weezer Fan said:
I think William Wiese must be getting all his ducks in a row to file a wrongful death suit against HM after the trial is concluded. Then, the slayer rule could be invoked and HM's money would be cut off. Of course, if Stella is next in line, that is a whole other enchilada, and that money will keep that poor baby a prisoner.

Today's news was so depressing that HM and TS may be such a light sentence for murdering SWM. I'm looking for possibilities that justice can still be served.
Click to expand...

Weezer, I hope you're right. I find it comforting to know that the family is appalled with the suggested sentences and that William, the attorney, has already made some smart moves. A wrongful death suit would be the next smart move. IMO
 
jerseygirl48 said:
I am fearful that the money will remain in limbo (and continue to fund Heather's expenses) if she is unavailable to defend herself in a slayer lawsuit. Looking for an attorney to opine on whether she can be sued while incarcerated overseas.
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I think we considered the possibility that the funds could at least be frozen during this time but you raise a very good question. I also think the little pawn/baby will ensure that the funds keep flowing. Gotta keep Grandma in the U.S. up to date with pictures and video from the cell phone. ;)

MOO
 
Ugh this is getting messed up. I don't know who with Hinshaw Culbertson is now filing on HM's Trust. There is a court date 04/07/15 ahead of the regular 04/10/15 just for this "Motion Counter Only". I really hate dockets sometimes when you can not see what the exhibits are (sigh).

Here is the Chancery Case unfolding:
https://w3.courtlink.lexisnexis.com...3&case_no=&PLtype=1&sname=heather+mack&CDate=

Here are the Lawyers with Hinshaw Culbertson Firm, none of which I recognize as previously acknowledged.
http://www.hinshawlaw.com/attorneys.html?do_item_search=true&office=18

I am also counting on Bali Judges to uphold their own Laws and Sentencing appropriately.
 
Thanks Bugbear, so is Heather replacing an attorney or is she just adding to her stable? I just had a horrible thought...I wonder if there is any law in Indonesia that prevents HM from writing and publishing her memoirs for profit?
 
gracehatter said:
Thanks Bugbear, so is Heather replacing an attorney or is she just adding to her stable?
Click to expand...

I can not even begin to speculate what HM is up to now.

Their area of practice includes Family Law & Estate Planning, this would have been a Lawyer HM hired, or acting on her behalf. I can see Proof of Service & Exhibits filed, so will assume more $ will be heading out in their direction for whatever services they have provided.

As for the previous question asked when Cohen said "I can not rewrite something that has been written" was in Favia's request for $.
http://www.chicagotribune.com/news/local/breaking/ct-bali-attorneys-met-20150220-story.html

"The trust doesn't deal with anyone except Heather, as long as she's alive," Cohen said. "I can't rewrite something that's been written."
 
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