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

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Judge Cohen wasn't having any nonsense!

On Wednesday, Cohen said he would not be "emotionally blackmailed" by Soenardi's demand.Cohen said Mack's request for more money is not an emergency and he won't release another penny until holding a hearing to determine if she still is entitled to her trust.

Attorneys said they are awaiting written clarification of Mack's actual criminal conviction, which was delivered in a verbal opinion in Denpasar District Court.

At issue is Illinois' slayer statute. Under the law, a person who intentionally and unjustifiably causes the death of another person cannot receive property as a result of the death of that person.

http://www.chicagotribune.com/news/...i-heather-mack-appeal-met-20150506-story.html
 
Was it ever confirmed that Heather was able to transfer fund to Stella?

I believe that is set for the 06/01/2015 Court Date with Favia. It may be again continued based on Cohen's new slayer case request. When those updates on Chancery come in I will post the link. At this time, HM can not do anything with that Trust after today's court call. She can not move $ to Stella, she can not get McDonald's $, Cell phone $ - nothing atm.

I do not think any of the funds can be moved until the Slayer Statue Case has concluded. If HM is found guilty, Stella does not exist, as HM would be found pre-deceased of SWM in Illinois. HM may even have to pay back the trust $ she already withdrew - Not sure on that one though, it may have to be an additional civil suit (shrug).
 
I believe that is set for the 06/01/2015 Court Date with Favia. It may be again continued based on Cohen's new slayer case request. When those updates on Chancery come in I will post the link. At this time, HM can not do anything with that Trust after today's court call. She can not move $ to Stella, she can not get McDonald's $, Cell phone $ - nothing atm.

I do not think any of the funds can be moved until the Slayer Statue Case has concluded. If HM is found guilty, Stella does not exist, as HM would be found pre-deceased of SWM in Illinois. HM may even have to pay back the trust $ she already withdrew - Not sure on that one though, it may have to be an additional civil suit (shrug).

BBM. Sweet!
 
I got in! I copied the meat of Chicago Tribune article: (I left out the parts that are redundant). My bold on the date.

http://www.chicagotribune.com/news/...i-heather-mack-appeal-met-20150506-story.html


Saying he would not be "emotionally blackmailed," a Cook County judge overseeing the $1.56 million trust of a Chicago teen convicted of playing a role in her mother's murder in Bali held off Wednesday on immediately releasing more funds.

Prosecutors on the luxury Indonesian island are appealing Heather Mack's April 21 conviction, which prompted her trust attorneys this week to file an emergency motion for another $200,000 for legal fees.

Cook County Judge Neil Cohen, who oversees the trust case, earlier released about $119,000 to pay for Mack's defense during the trial and a few thousand more toward her food and medical expenses.

In a letter included in the emergency request for another $200,000, her overseas attorney, Ary Soenardi, said he will continue to represent Mack in the appeal process only if his fee is "paid quickly and in 1 payment."

On Wednesday, as attorneys appeared for the emergency motion, Cohen said he would not be "emotionally blackmailed."

He said Mack's request for more money is not an emergency and he won't release another penny until he holds a hearing to determine if she still is entitled to her trust.

At issue is Illinois' slayer statute. Under the law, a person who intentionally and unjustifiably caused the death of another person cannot receive property as a result of the death of that person.

"She's now been convicted," Cohen said. "I'm not going to stick my head in the sand and say it didn't happen."

Lawyers are due back in Cohen's courtroom May 14. Attorneys said they are awaiting written clarification of Mack's actual criminal conviction, which was delivered last month in a verbal opinion in Denpasar District Court.

Three months before her death, Sheila von Wiese-Mack named her only child the sole beneficiary to the trust. But, von Wiese-Mack tapped her attorney brother, William, to oversee the money until her often-troubled daughter's 30th birthday. William Wiese has repeatedly raised concerns that the money is being used illegally for bribes rather than for legitimate attorney fees and a fair trial.

It's unclear on what basis Indonesian prosecutors are seeking an appeal. The judicial panel sentenced Schaefer to the term prosecutors had recommended. For Mack, they recommended a 15-year term. Prosecutors cited the young couple's apparent remorse and recent birth of their daughter as reason behind the lenient recommendation — a move that outraged the slain woman's family.

Prosecutors said Mack helped Schaefer stuff her mother's body into the suitcase by sitting on it to enable Schaefer to close it — a point Mack vehemently denied in interviews with the Tribune.

The couple then placed the suitcase in the trunk of a taxi and told the driver they were going to check out of the hotel and would return, but they never did, prosecutors said. Instead, after being denied their passports from the mother's security box inside the hotel, Mack and Schaefer slipped out a back door.

Prosecutors initially said Mack, of Chicago, and Schaefer, 21, of Oak Park, plotted to kill Mack's mother because she didn't support their relationship, and they said Mack once proposed that Schaefer hire a hit man for $50,000.
 
http://chicago.suntimes.com/news-chicago/7/71/582039/judge-hearing-required-estate-will-fund-appeal

"Cohen says the issue is whether Heather’s actions are determined to be aiding and abetting or whether she is accountable “as if she killed her mother herself.”



The judge says if Heather is accountable for the killing, “she gets nothing.”

Mack’s attorneys said they are worried that without further payment, the Indonesian attorney will no longer represent Mack.

Cohen declared: “Too bad,” noting that Mack’s attorneys have received $150,000 from the fund already.

“He (lawyer) is getting nothing until this is resolved,” judge said."

Finally Judge Cohen has seen the light.
 
Finally Judge Cohen has seen the light.

Did he say he's not going to stick his head in the sand? I think it was me who said he was doing that lol. Maybe he reads here. I sure hope so.

Look, we all know that the written conviction is going to come back saying anything the U.S. lawyers tell them it needs to say to continue to get access to the money. So where is the wrongful death civil suit? That also works to evoke the slayer rule if she's convicted that way does it not? And put a hold on those funds until that one is sorted out as well Judge. Because we know she'd lose that one in a heartbeat.

MOO
 
https://w3.courtlink.lexisnexis.com...v=&caseno=&PLtype=1&sname=mack+heather&CDate=

Updates on Chancery Court here in Chicago

I would think aiding and abetting should trigger the Slayer Rule. There are far to many triggers already, txt messages planning to kill SWM, filling pain killer script, flying TS out to Bali, telling TS to bring a weapon from his room, hiding in bathroom knowing, helping to hide the body. Good Grief if that is not enough to say WTH.
 
Did he say he's not going to stick his head in the sand? I think it was me who said he was doing that lol. Maybe he reads here. I sure hope so.

Look, we all know that the written conviction is going to come back saying anything the U.S. lawyers tell them it needs to say to continue to get access to the money. So where is the wrongful death civil suit? That also works to evoke the slayer rule if she's convicted that way does it not? And put a hold on those funds until that one is sorted out as well Judge. Because we know she'd lose that one in a heartbeat.

MOO

Agreed. They probably thought they had their bases covered. I find it very suspicious that there is so much ambiguity in what HM was actually convicted of. Notice there is no such confusion with TS.

I have thought about Heather, in her comfy private room with baby Stella, getting the news that Judge Cohen said, "No". I'm sure she has been on her phone reading the stories about him saying he would not be "Emotionally blackmailed". Bet she is pooping some bricks. Her attitude....you know what it do!!!:jail:
 
HM and Soenardi don't have the leverage that HM's pregnancy gave her before. Cohen may feel his hands are somewhat tied by his own earlier decision, but without the pregnancy, there's far less urgency to the situation. There won't be fake suicide threats this time because the logical response would be to separate HM and Stella for the baby's safety.

Meanwhile, this has to fuel lingering resentment in TS (and Kia). Gotta wonder about their conversations: I'm sure he's excited to hear about her chances of getting her sentence further reduced - while he sits and rots.
 
Oh, how I would have loved to have been a fly on the wall in HM's cell when she heard the news of Judge Cohen's latest decision. :tantrum:
 
Interesting turn of events...

I guess Favia will say, "but the baby is innocent and needs things" all while ignoring the baby shouldnt be in jail with a murdering psychopath. MOO
 
Chicago Tribune link to 12 pages of court documents via twitter link:

Emergency motion in Heather Mack case http://fw.to/8wVErME


Sent from my iPhone using Tapatalk
 
Looks like lying, fake evidence and bribery are the norm in Bali courts. In what realm will the victim in the Noor Ellis case be spoken for? I guess this is standard over there when there's money to be had. No one is ever called by the prosecution to prove the defence is lying through their teeth? Oh wait, not if they've been paid to look the other way. Silly me.

https://au.news.yahoo.com/thewest/a/27358823/leniency-plea-was-fake-brothers/

MOO

I notice in the Noor Ellis trial, the defence even went so far as to present a forged document 'from her son' asking for a lenient sentence. :thud:

Of course, there are going to be no recriminations for that and the prosecutor is not getting it removed. It just 'won't affect the testimony much because they are basing it on the trial facts', according to the prosecutor.


Ellis, who was married to the Australian for 25 years, also admitted their two sons were furious with her, despite her defence two weeks ago presenting a statement purportedly from her elder son John, asking that she be given a lenient sentence.

The 23-year-old says the statement was forged and should be removed from the trial.


http://www.9news.com.au/world/2015/05/07/03/36/ellis-trial-to-hear-sentence-request
 
https://w3.courtlink.lexisnexis.com...v=&caseno=&PLtype=1&sname=mack+heather&CDate=

Updates on Chancery Court here in Chicago

I would think aiding and abetting should trigger the Slayer Rule. There are far to many triggers already, txt messages planning to kill SWM, filling pain killer script, flying TS out to Bali, telling TS to bring a weapon from his room, hiding in bathroom knowing, helping to hide the body. Good Grief if that is not enough to say WTH.

Oh and WHO let into that room where Sheila was and why??? (Well HM and we know why)

Clearly SVM wanted nothing to do with him which is why she insisted he get a room of his own. So he was not welcome in her room. If Hm and TS wanted to be together, to talk or be alone at that time - he had his own room or they could have walked the beaches or found a spot in/around the hotel other than the room where SVM was sleeping - and I do believe she was sleeping when HM sneaked TS in and they attacked her.
 
Michelle Knight movie on Lifetime right now.
 
I'm absolutely delighted to hear Judge Cohen is not hiding his head in the sand anymore. :smile:

Comments from me -- No more money or boozing it up, Heather! Go eat your rice.

Thank You All for the updates.
 
A bit late here today - but - finally, some sensible judgements, and to add, HM has free legal services available to her, she can use them now to defend herself in the Prosecutors Appeal.

It is obvious that the Lawyers and Prosecution are out for more money - the charges against HM are seemingly ambiguous - but not.
To appeal - they must know what is being Appealed - so there must already be official paperwork - though it seems easy enough that they can write anything. (as SA mentioned in Noor Ellis' case)
In light that the Prosecution are leading the Appeal, it may mean that are looking for a longer sentence.
What is needed is an English translation from some of the Videos (MSM) the Judges reading and ruling.

I notice in the Invoice from Budiman & Co. is the Interpretors Fees - $1680.00
Aren't some Health checks free for Prisoners also?



Summary of some of the MSM articles:
Emergency Motion:
https://s3.amazonaws.com/s3.documentcloud.org/documents/2073338/heather-mack-motion.pdf
Pages 1-9
Attached Emergency Motion for Trust Distribution
Letter from Soenardi
Account Invoice

Chicago Tribune:
http://www.chicagotribune.com/news/l...506-story.html


Appeal in Bali suitcase murder triggers court case in Chicago
POSTED 7:18 AM, MAY 6, 2015,
http://wgntv.com/2015/05/06/appeal-in-bali-suitcase-murder-triggers-court-case-in-chicago/


Judge: Hearing required before estate will fund appeal
Posted: 05/06/2015, 11:03am
http://chicago.suntimes.com/news-chicago/7/71/582039/judge-hearing-required-estate-will-fund-appeal
 
I noticed in the invoice that Ary's "itemized statement" for his fees alone says....

Attorney Fees $32,000.00

That's some itemizing isn't it? On letterhead of his alias. Does that protect him from the tax man? Can we assume that his other "itemized statements" looked the same? If there were any. And Cohen approved $118,000 with statements like that? :rolleyes:

MOO
 
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