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

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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
I know, it's unbelievable! And you don't think for all that he couldn't get a translation of one page? (Page 12 with the charges)
 
I'm not familiar with court proceedings (other than TV and the movies). I realize things can get lively, particularly in Cohen's court room. He cited Dorkin (WW attorney) for contempt at an earlier proceeding and now we read that Elkin was shouting and interrupting and grand-standing.

I'm still somewhat surprised at Soenardi's tone. Honestly, I would expect him to read the situation and at least be respectful towards Cohen. I'm surprised that he feels comfortable trying to blatantly manipulate Cohen, insult him and the proceedings, and I suspect he encourages HM to enlist the help of the media. The line item for the fees: $32K, no explanation, and the subsequent demand for $200K in one advance installment - he's spitting in Cohen's eye, daring him to deny the funds.

As I see it, Cohen's previous decisions have boxed him in. He seemed to take an immediate dislike to WW, replacing him as trustee and refusing to even listen to his concerns about corruption and bribery. He pointed out that the trust was all about HM and her needs.

Well, Judge Cohen, what do you do now? You've got a new trustee to your liking, even you can't deny the bribery (particularly with what's coming out about AC/MS) - but you, Judge Cohen, have already established that the trust has to give HM what HM wants. You can attempt to attach conditions - like requiring an itemized bill - but what do you do when Soenardi spits in your eye?

Figtree, I think basic and emergency health care are free in the prison facilities, but HM insisted on going to the private hospital - not only for birth, but also later when she wasn't taking care of Stella in prison. Renae Lawrence had to go to hospital for appendicitiis, but I believe she was sent to the local public hospital, not the posh private one HM went to. IIRC, on one of the last days of the trial, HM was in a video complaining that Eddy (prosecutor, 'fat *advertiser censored****') had denied another request to go to the hospital (obviously not necessary, or we would have heard more about it).

Something else I noticed about Soenardi. He has made a big deal about paying out of his pocket (but reimbursed later, of course) for personal needs. He did it with Rachel Dougall, Julian Ponder's ex. He noted that he brought her 'mystery books' and other little things. When he and the prosecutor denied allegations of attempted bribery in another case, he mentioned spending his own money for personal items for the client. It's an interesting tactic - it creates a sort of personal bond.
 
I'm not familiar with court proceedings (other than TV and the movies). I realize things can get lively, particularly in Cohen's court room. He cited Dorkin (WW attorney) for contempt at an earlier proceeding and now we read that Elkin was shouting and interrupting and grand-standing.

I'm still somewhat surprised at Soenardi's tone. Honestly, I would expect him to read the situation and at least be respectful towards Cohen. I'm surprised that he feels comfortable trying to blatantly manipulate Cohen, insult him and the proceedings, and I suspect he encourages HM to enlist the help of the media. The line item for the fees: $32K, no explanation, and the subsequent demand for $200K in one advance installment - he's spitting in Cohen's eye, daring him to deny the funds.

As I see it, Cohen's previous decisions have boxed him in. He seemed to take an immediate dislike to WW, replacing him as trustee and refusing to even listen to his concerns about corruption and bribery. He pointed out that the trust was all about HM and her needs.

Well, Judge Cohen, what do you do now? You've got a new trustee to your liking, even you can't deny the bribery (particularly with what's coming out about AC/MS) - but you, Judge Cohen, have already established that the trust has to give HM what HM wants. You can attempt to attach conditions - like requiring an itemized bill - but what do you do when Soenardi spits in your eye?

Figtree, I think basic and emergency health care are free in the prison facilities, but HM insisted on going to the private hospital - not only for birth, but also later when she wasn't taking care of Stella in prison. Renae Lawrence had to go to hospital for appendicitiis, but I believe she was sent to the local public hospital, not the posh private one HM went to. IIRC, on one of the last days of the trial, HM was in a video complaining that Eddy (prosecutor, 'fat *advertiser censored****') had denied another request to go to the hospital (obviously not necessary, or we would have heard more about it).

Something else I noticed about Soenardi. He has made a big deal about paying out of his pocket (but reimbursed later, of course) for personal needs. He did it with Rachel Dougall, Julian Ponder's ex. He noted that he brought her 'mystery books' and other little things. When he and the prosecutor denied allegations of attempted bribery in another case, he mentioned spending his own money for personal items for the client. It's an interesting tactic - it creates a sort of personal bond.

Good post ajaylee. And you're so right about Cohen boxing himself in by sticking his head in the sand in the first round. I understand trying to follow the letter of the law, but sometimes those laws get "tweaked" a little by judges willing to take the risk of setting a precident. This whole sordid thing has been about one side trying to follow the letter of the law while the other is as corrupt as they can possibly be to get what they want. There has been no other case like it to use for case law.

So what now when Soenardi sends paperwork that the U.S. attorneys basically tell him what to say word for word to avoid the slayer rule? There are no transcripts in Indonesian courts. Or in camera video. They can issue a written statement saying anything they want. And if it comes from Soenardi, who knows if it's even official? Do they even have official records there? I think not. They can be altered and changed as neccessary to protect the corruption.

MOO
 
Excellent observations, Kamille!

Yes, it sounds like Soenardi is getting coached by HM's US attorneys on how to protect her from the 'slayer statute'. Even the language seems to shift from 'cut-and-paste' sections to a more casual personal style.

You raise another excellent point: given the way Indonesian courts work, how is Cohen going to verify what any so-called court documents say? We've already seen in the Ellis case that the court has a shockingly casual attitude towards falsified documents. I can't find it now, but I read about an Indonesian attorney who was caught forging court papers to show a reduced sentence, IIRC.

ETA: I can't find the account I was thinking of, but it appears that even very high level judges have forged documents! Note the pay scale for judges.

http://www.opentrial.org/legal-dysfunction/item/173-lindsay-sandiford-what-price-a-life

In 2012, Nurhadi, Secretary of the Indonesian Supreme Court, who lives in a luxurious house, owns a white Mini Cooper S, yet failed to submit a wealth report to Indonesia's Corruption Eradication Commission as required, had the wherewithal to buy himself a desk for his office alleged to be worth US$105,000. This was despite the fact that, prior to the end of 2012, even Indonesian judges' salaries ranged from only US$186 to US$465 a month.

In the same year, supreme court judges Achmad Yamanie, Imron Anwari and Nyak Pha, reduced the sentence of Hengky Gunawan - a drug lord convicted of possessing crystal methamphetamine and accused of operating a drug laboratory - from capital punishment to 15 years in prison. As if that were not enough, Judge Yamanie then, brazenly in his own handwriting, altered Hengky’s 15 year jail term to 12 years in the draft verdict. Controversially, Judge Yamanie had previously annulled a 17-year sentence against drug dealer Naga Sariawan Cipto Rimba, alias Liong-Liong, and helped annul the death sentences of at least three drug convicts. Judge Yamanie is the first Indonesian Supreme Court justice to be dismissed for malpractice.
 
Wow. All that corruption and big dollars on the backs of foreigners who find themselves on the wrong side of the law and the drug trade, which they claim to be fighting. Well not when you're letting your own traffickers pay the required bribes to be released back to their businesses. :notgood:

MOO
 
Anyone with some legal knowledge know if WW can launch the wrongful death suit while HM is imprisoned in Bali and can not testify? Although with the services she has available to her in her cell she could probably testify using Skype. :rolleyes:
 
https://s3.amazonaws.com/s3.documentcloud.org/documents/2073338/heather-mack-motion.pdf

10. On April 21, 2015, a verdict was entered against Heather related to the death ofSheila Von Wiese and Heather was sentenced to ten years in prison. Heather was convicted ofbeing an accessory to the murder of Sheila Von Wiese under Article 56 of the IndonesianCriminal Code. See Exhibit C. Although the Indonesian Criminal Code does not distinguishbetween an accessory to a crime and an accessory "after the fact," on information and belief,Heather was found guilty of being an accessory "after the fact." See Exhibit C.

http://www.unodc.org/res/cld/document/idn/indonesian_penal_code_html/I.1_Criminal_Code.pdf

Article 56
As accomplices to a crime shall be punished:
1st, the persons who deliberately aid in the commission of the crime;
2nd-ly, the persons who deliberately provide opportunity, means or information for the commission of
the crime.

jmo...
IMHO - Both 1st and 2ndly apply to HM overwhelmingly, and I think on the evidenced based, and actual evidence and testimony, she's liable as an accessory to murder BEFORE, DURING and after THE FACT.
And there is enough evidence to prove that in Bali - let alone the pre-planning from the US.
There is no partitioning of the Article (56) as I think it covers the crime in its completeness - from initial conception to arrest.


HM commissioned the Crime - evidence in hand by the FBI and submitted to the Indonesian Courts provide communication interaction between the Accomplices regarding *)who should commit the murder *)how to commit the murder *)Where and when the crime could be committed *)How to cover up the crime *)How to escape from a foreign country after committing the crime.
HM provided the opportunity, (+) means and (+) information which assisted and carried out the commission of the crime - by paying fraudulently for the accused murderers airfare to the destination where the crime was to be committed. *)Providing accommodation in the same building as to where the murder would take place *)Provided constant communication regarding the way the murder would be carried out *)Allowed access to the murderer to SvWM through a locked door *)did nothing to defend SvWM, to aid assistance to SVWM *)

I'm sure theres more ...

I think HM + B.Co. were hoping to drag this out until that $300k amount that they initially asked for was achieved.
I am so glad that no one cent more is being handed over at this stage and I hope no more will be headed off to Bali.
When is the Appeal Date?
 
Respectfully snipped by me...
There are no transcripts in Indonesian courts. Or in camera video. They can issue a written statement saying anything they want. And if it comes from Soenardi, who knows if it's even official? Do they even have official records there? I think not. They can be altered and changed as neccessary to protect the corruption.

MOO

There has to be minutes taken throughout the entire investigation (as far as I am aware) and these are signed, witnessed and submitted documents ...
Whether that happened or not is another matter, and how correct and accurate they are is another issue...
(JMO)

http://defensewiki.ibj.org/images/6/62/Indonesia_Law_of_Criminal_Procedure.pdf


View attachment 74453
 

Attachments

  • Criminal defense Indonesia Minutes.JPG
    Criminal defense Indonesia Minutes.JPG
    39.9 KB · Views: 82
Anyone with some legal knowledge know if WW can launch the wrongful death suit while HM is imprisoned in Bali and can not testify? Although with the services she has available to her in her cell she could probably testify using Skype. :rolleyes:

I have no knowledge of that - maybe Gitana1 would know more...

http://chicago.suntimes.com/news-chicago/7/71/582039/judge-hearing-required-estate-will-fund-appeal
Evidence from Mack’s criminal trial in Indonesia could be entered as exhibits during a slayer statute hearing in Cook County and it is possible that Mack could make an appearance via Skype to provide her perspective on what happened. She could also plead the Fifth Amendment in the hearing.

I wonder if that also means that TS would/could be called to be a witness.

Maybe Elliot Jacobsen and a host of others would be willing to present evidence and testify as well (if that's what happens in cases as such).
 
Hahahah. Heather Mad. Yup. I bet her attitude is trying to do what it do but with no money, and she is in her private cell. Poor baby probably getting the brunt of it....
 
Respectfully snipped by me...


There has to be minutes taken throughout the entire investigation (as far as I am aware) and these are signed, witnessed and submitted documents ...
Whether that happened or not is another matter, and how correct and accurate they are is another issue...
(JMO)

http://defensewiki.ibj.org/images/6/62/Indonesia_Law_of_Criminal_Procedure.pdf


View attachment 74453

Minutes? Yeah that's sounds like a plan for a murder trial. Let someone just jot down in point form what is going on and slant it any way they like. :doh:

MOO
 
Why on earth would they need Heather present to discuss the slayer rule? Maybe they'd be better talking to Tommy. ;)

MOO
 
Good post ajaylee. And you're so right about Cohen boxing himself in by sticking his head in the sand in the first round. I understand trying to follow the letter of the law, but sometimes those laws get "tweaked" a little by judges willing to take the risk of setting a precident. This whole sordid thing has been about one side trying to follow the letter of the law while the other is as corrupt as they can possibly be to get what they want. There has been no other case like it to use for case law.

So what now when Soenardi sends paperwork that the U.S. attorneys basically tell him what to say word for word to avoid the slayer rule? There are no transcripts in Indonesian courts. Or in camera video. They can issue a written statement saying anything they want. And if it comes from Soenardi, who knows if it's even official? Do they even have official records there? I think not. They can be altered and changed as neccessary to protect the corruption.

MOO

Well, there's this:
https://www.youtube.com/watch?v=wS5gZUTF3TA

I'm sure there are other recordings/filmings as well.
 
Well, there's this:
https://www.youtube.com/watch?v=wS5gZUTF3TA

I'm sure there are other recordings/filmings as well.

All I'm hearing there is "Tommy did this, Tommy did that" lol. What an actress. She did want to be one. Visibly wincing every once in a while when she doesn't understand a word they're saying.

I can't make out anything the translator is saying in that either. :dunno:

MOO
 
Indonesian Translator wanted
we have :cupcake:
 
Here are items I highlighted from these documents. To read the documents in their entirety, click on Bugbear's link.:

There has been no determination that Heather is
not an eligible beneficiary as a result of the application of 750 ILCS 5/2-6 (the "Slayer Statute")
or otherwise. See January 16 Order providing that "the Slayer Statute is not triggered until
further order of this Court," a copy of which is attached as Exhibit B.

Heather was convicted of
being an accessory to the murder of Sheila Von Wiese under Article 56 of the Indonesian
Criminal Code. See Exhibit C.

However, the verdict is not final. On or 11. about April 24, 2015, the prosecutor
appealed Heather's verdict

WHEREFORE, Heather Mack respectfully requests that this Court enter an order
requiring the Trustee to distribute the following:
A. $2,000 to Heather Mack for personal expenses;
B. $3,140 to Ary Soenardi for reimbursement of Heather's medical expenses;
C. $200,000 to Ary Soenardi for legal services related to the appeal of the verdict

And Exhibit C-the letter from AS:

To. whom it may concern:
I am sending the following email hoping it will give clear up matters relating
to my clients specific charge from the court. Heather Mack has been charged
with article 56 whjch means Heather was found guilty of only accessory, in
Indonesia although she was accessory after the fact we do not have 2
different charges. I will send court documents later this week hopefully
clarifying this.
I would like it to be noted that i have had a tough time financially assisting
Heather with the proper help as I did not have the full amount of my legal fee
within the time frame given by judge Cohen. I am asking to please be given
my legal bill that is currently outstanding.
Today I have informed by the court that the Prosecutor has appealed the
verdict. It is Heather right to appoint any lawyer to assist and represent her
during the appeal trial to defend her self. If she wants my service to further
assist her in her appeal, my fee is $200,000 and it has to be paid quickly and
in 1 payment.
(my bold)
I am also confirming that Heather has right to keep baby Stella in Kerobokan
jail until 2 and that the child is breast feed by her mother. .

I can't begin to tell you how angry and nauseated this makes me. Do you know how many families exist (or should I say subexist) on less money than this murdering piece of c$$$ ??!! This girl has more privileges in jail than many lower income, law-abiding women do in their everyday existences here in the US. Yup, let's ensure that all this murderess ends up with is a conviction that circumvents the slayer statute. I don't care how wonderful the people of Bali are...this case as well as those G-d awful executions have turned me off to ever visiting the area...ever. Sorry, they shouldn't profit from one US nickel. Human rights violations left and right. I just can't stand it!
 
I can't begin to tell you how angry and nauseated this makes me. Do you know how many families exist (or should I say subexist) on less money than this murdering piece of c$$$ ??!! This girl has more privileges in jail than many lower income, law-abiding women do in their everyday existences here in the US. Yup, let's ensure that all this murderess ends up with is a conviction that circumvents the slayer statute. I don't care how wonderful the people of Bali are...this case as well as those G-d awful executions have turned me off to ever visiting the area...ever. Sorry, they shouldn't profit from one US nickel. Human rights violations left and right. I just can't stand it!


I too want to keep the flame of Justice alive for Sheila Von Wiese Mack, and I cant believe the treachery that has taken place towards the poor woman and her family.

I am though a little more optimistic and that this wont turn out in HM's favour.
Let the decision about the release of funds take years - not weeks.
Let HM forfeit her lawyer - and see what Justice buys when there is no money.
Ask Scifo why he backed out of working for HM.
Allow the testimonies of those professionals that know what's going on in the Court system in Bali to be presented.
Disqualify those who mediate and are party to the miscarriages of Justice in this case.
 
I wonder how HM enjoyed her first Mother's Day as a new mother and the first one without her own mother?

Probably didn't phase her in the least. She has no conscience or soul. :notgood:

MOO
 
The irony of what was above the post... says it it all -


WS HMD Insurance post.jpg

... this whole horrible murder deal was only ever for the money - and no amount of money now can ever bring her mother back.
I hope that HM (and TS) will remember that every 'Mothers Day' for the rest of their lives - and I hope its haunts them both.
 
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