2016.02.26 Mark D. Sievers: Charged with Murder in the 2nd Degree

[Nikk]

From wikipedia: "A suggestion of death, in law, refers to calling the death of a party to the attention of a court and making it a matter of record, as a step in the revival of an action abated by the death of a party."

Since custody involves TS's & MS's children and TS is the only deceased party, it appears that MG is bringing TS's death to the attention of the court in this manner, and someone may be presenting TS's interest in the custody of her children. Just guessing.

 

[mckazpm]

Maybe the judge should let Jarvis neighbors weigh in on the prospect of his release. THAT would cause an uproar I would think---how that registers legally I don't know or care but it raises a 'neighborhood/community' direct concern. I know if I lived there I would contact LE as a neighborhood ​(after gathering neighbors together for input & upon agreement) and appropriately raise hell. I'm sure LE is on top of this as it involves the kids and TS mother but none the less, as a neighborhood I would address this. There's the 'squeaky wheel' aspect too, LE has plenty on their plate but will listen when you squeak loud enough on a legit issue/concern.

MS should have NO RECOURSE---nowhere to go but where he already is. It should be clear NO ONE WANTS HIM in their vicinity.

I can't even imagine this...it was bad before, not good. Just when everyone was enjoying the eyesore BECAUSE it did NOT contain Mark Sievers. Bad dream, cannot imagine this happening!! Grass is growing tall around the mailbox/no trespassing signs...6 garbage cans tossed around out front, gate was still left open....ALL still better than the idiot being in that house. Still have a weekly visitor in the small red Honda. I would think she is left with the unlucky task of cleaning some of that mess out of there. Haven't had time to be on much...Hi All

 

[SurfieTX]

From wikipedia: "A suggestion of death, in law, refers to calling the death of a party to the attention of a court and making it a matter of record, as a step in the revival of an action abated by the death of a party."

Since custody involves TS's & MS's children and TS is the only deceased party, it appears that MG is bringing TS's death to the attention of the court in this manner, and someone may be presenting TS's interest in the custody of her children. Just guessing.

That's what I can surmise too, based on what I have read. We know that there was not an actual divorce in process (although lawyers might have been spoken to and given advice, particularly to TS), the custody issue now comes in to play because Mark is incarcerated. That notification simply brings it to the courts' attention that the children's mother has died and Mark essentially has full custody, even though he is not physically there, I suppose.

Here is a link explaining a suggestion of death as it is associated with a divorce sans children. The point of the suggestion in this case is to "close the case," because one of the parties has passed before it could be heard by a judge.

I, too, think someone is acting on behalf of TS' estate or there is a GAL involved.

http://www.avvo.com/legal-answers/my-husband-passed-away-before-our-uncontested-divo-2228177.html

 

[tlcya]

I am hoping AZ can weigh in on this Suggestion of Death Business. I only know when and why I have filed such a document and it does not really fit with this scenario so I am curious for her answer too.

Have you guys asked in the Q & A as attorney thread? That is where she is most likely to see it.

:bump: my own because I now see AZ is just as flummoxed as we are by the suggestion of death. In my experience, we file such a document when someone who is under a court appointed guardianship passes away. We have to file that in order to inform the court that the guardianship needs to be dismissed as the ward is now deceased.

That does not fit these circumstances. Refresh my memory, has Dr. Sievers death prompted a probate case to be initiated or was her estate plan more the everything held in trust variety that can avoid the need for probate?

If no probate was initiated, it is possible that there was some formal ned to "Suggest" the Dr.'s death as to why she is not able to care for the children.

BTW I want to make it clear I am no lawyer, and while I am a legal assistant, I am not even verified as such so take my thoughts on this with as much salt as you wish to make it palpable

 

[Oregonmama]

From wikipedia: "A suggestion of death, in law, refers to calling the death of a party to the attention of a court and making it a matter of record, as a step in the revival of an action abated by the death of a party."

Since custody involves TS's & MS's children and TS is the only deceased party, it appears that MG is bringing TS's death to the attention of the court in this manner, and someone may be presenting TS's interest in the custody of her children. Just guessing.

You got it. MS wants the court to acknowledge that the mother (TS) is deceased and the estate needs to get settled.

 

[ModernAudrey]

I can't even imagine this...it was bad before, not good. Just when everyone was enjoying the eyesore BECAUSE it did NOT contain Mark Sievers. Bad dream, cannot imagine this happening!! Grass is growing tall around the mailbox/no trespassing signs...6 garbage cans tossed around out front, gate was still left open....ALL still better than the idiot being in that house. Still have a weekly visitor in the small red Honda. I would think she is left with the unlucky task of cleaning some of that mess out of there. Haven't had time to be on much...Hi All

I'm so sorry that the neighbors have had such a hard time... I can't imagine. I still want to know what was in his head, sneaking around people's yards and back porches. I know we have speculation that it was to get a sense of what could be seen from their areas, but I want to know for sure! That's just one of the weirdest, creepiest things ever, and it keeps niggling at my mind. He'd better be glad he never tried that in my area of North Georgia. Right or wrong, for that level of trespassing there's a really good possibility he would have found himself looking down the barrel of a shotgun at some point.

When you mentioned the weekly visitor, it made me think about the animals. I was just wondering if we know if they're still in the house or not? I hate to think of the poor little things all alone there, getting visits only once a week.

 

[AZlawyer]

You got it. MS wants the court to acknowledge that the mother (TS) is deceased and the estate needs to get settled.

The estate of TS has nothing whatsoever to do with the child custody petition, though. TS's interests will not be represented in that case at all.

The only appropriate uses of a Suggestion of Death in this case would be if grandma died, if Mark died, if one of the girls died (please don't discuss this, I'm just trying to be thorough), if someone had intervened to object and they had died (and no one has, based on the docket), or perhaps if the person who had official custody currently had died, but IMO that "person" would be DCF--the kids are placed with family friends, but legally I assume they are "wards of the state" at the moment.

If someone filed it just to say that TS died, that would be extremely weird since she died long before the petition was filed, and presumably the petition already recited that she had died.

 

[jggordo]

It has been my understanding that with MS in jail and charged in the Murder of his wife, and the children's mother there is a "suggestion of death" because his being incarcerated is much the same as death when it comes to custody of their children.

Just my understanding...I could be wrong.

 

[AZlawyer]

It has been my understanding that with MS in jail and charged in the Murder of his wife, and the children's mother there is a "suggestion of death" because his being incarcerated is much the same as death when it comes to custody of their children.

Just my understanding...I could be wrong.

It doesn't work that way, except for powers obtained as a result of the murder (based on the "slayer statute"). Mark had his parental rights before the murder, so the slayer statute wouldn't apply. And you would never file a Suggestion of Death as a way of arguing the applicability of the slayer statute anyway. The statute doesn't make the murderer ACTUALLY dead, obviously.

 

[Hoosgirl]

A bit behind the news (I should know by now not to step away from this case for more than a day or two!). But I wanted to comment that MS has had equal video calls to his mother's partner as to BS. Then when I saw that the motion to reduce bond said that he could come up with a $250k surety bond, I wondered if he wasn't manipulating them into providing the bond. Anyhoo, pure speculation on my part.

 

[Oregonmama]

The estate of TS has nothing whatsoever to do with the child custody petition, though. TS's interests will not be represented in that case at all.

The only appropriate uses of a Suggestion of Death in this case would be if grandma died, if Mark died, if one of the girls died (please don't discuss this, I'm just trying to be thorough), if someone had intervened to object and they had died (and no one has, based on the docket), or perhaps if the person who had official custody currently had died, but IMO that "person" would be DCF--the kids are placed with family friends, but legally I assume they are "wards of the state" at the moment.

If someone filed it just to say that TS died, that would be extremely weird since she died long before the petition was filed, and presumably the petition already recited that she had died.

I'm not a lawyer but have seen a case involving children in Oregon that had an incarcerated father and the mother died due to domestic violence. The lawyer filed Forms to have the court recognize the death so a petition could move on further on in the legal process.

I assumed that was the case here. I thought and it made sense to me that MS is trying to throw out Mary's petition because he still has parental rights.....

Thanks AZlaywer for commenting on these threads. I appreciate your posts!

 

[MsJosie]

I'm not a lawyer but have seen a case involving children in Oregon that had an incarcerated father and the mother died due to domestic violence. The lawyer filed Forms to have the court recognize the death so a petition could move on further on in the legal process.

I assumed that was the case here. I thought and it made sense to me that MS is trying to throw out Mary's petition because he still has parental rights.....

Thanks AZlaywer for commenting on these threads. I appreciate your posts!

That makes sense. MS does not want any of TS relatives to have the girls. I think he is afraid the girls may talk about the months before the murder and reveal what he was doing to the family. I know a friend had her grandkids, daughter was murdered and husband in jail. The family could not ask the kids any questions or comment on things the kids said. They could listen to the kids and report what was said to appointed authorities. They could ask the kids if they wanted to talk to a social worker...or the contact person for the kids. The kids did want to talk and they had a lot to say. I bet MS is really worried about the girls talking and will try anything to get the girls away from TS family and back into his clutches.

I looked but could not find if these new appointed lawyers have been involved in any murder trials. They list a lot of areas they covered but not murder.

Last, I wonder how much MS is trying to play lawyer like Felon Arias and Felon Anthony did. MS might be having his lawyers filing 'way out there' motions to see what will stick. Hope the Judge(s) is/are on the ball and MS does not get his way. It appears he is trying to manipulating his moms partner to put up the bond money per (previous post here). IMO he will try to flee, take and/or harm the girls if released besides anyone else. MS needs to sit in jail....trial could be 2 years away, wish it was tomorrow. Hopefully, JRR will turn evidence, even if he does not know as much.

 

[Greater Than]

When an extended family member petitions for temporary custody of a child who has a deceased parent, the petitioner is required to file a suggestion of death. TS's mother filed it.

"If one of the parents is deceased, you must file a certified copy of the proof of death."

http://www.flcourts.org/core/fileparse.php/293/urlt/970a.pdf

 

[AZlawyer]

When an extended family member petitions for temporary custody of a child who has a deceased parent, the petitioner is required to file a suggestion of death. TS's mother filed it.

"If one of the parents is deceased, you must file a certified copy of the proof of death."

http://www.flcourts.org/core/fileparse.php/293/urlt/970a.pdf

You're just supposed to attach the death certificate to the form, as it says in the instructions, but I bet you're right and it's just a sloppy way of trying to comply with that rule.

A Suggestion of Death is for when someone dies while the case is pending.

 

[msboo]

Are you talking about Faga? Where'd you hear this?

Sorry to all here.... I obviously posted too quickly after hearing from someone in the Bonita area. I usually check stuff out before posting. Out yesterday with our grandson (Spring Break), we've all been sick with Creepin Crud, had to run my husband home bc he wasn't feeling well, crazy long but fun day.

I later checked MSM, googled Faga in regards to MS.... seems nothing's changed as to MS criminal defense of late. My source must have heard MSM referring to MS defense that was old news, etc. My bad.

 

[msboo]

I can't even imagine this...it was bad before, not good. Just when everyone was enjoying the eyesore BECAUSE it did NOT contain Mark Sievers. Bad dream, cannot imagine this happening!! Grass is growing tall around the mailbox/no trespassing signs...6 garbage cans tossed around out front, gate was still left open....ALL still better than the idiot being in that house. Still have a weekly visitor in the small red Honda. I would think she is left with the unlucky task of cleaning some of that mess out of there. Haven't had time to be on much...Hi All

OMG, the gate is still open?! Please don't tell me the gate's been that way since MS arrest. We know he had a lawn guy for mowing. My daughters's bf called me after driving by the Jarvis home, saw the gate open & mower in back, asked me if MS was mowing the backyard when arrested---that was 1-2 weeks after the arrest. mckazpm.... Agree with your post. Jarvis House is a daily reminder of TS demise, add to that the menacing past presence of MS. I don't think he'll get a reduced bond & released but I don't totally trust these judges as we've all seen crazy things happen. If I lived there I'd get the neighbors together, as mentioned in my post, just in case. Like getting ready for battle, guns loaded. MS is 'playing the game', messin' around, hoping to get lucky. That needs to be stopped if possible but his attorney will do what he has to for his client.

How far can bail/release issue be 'pushed' before the court say 'enough', The End?

 

[Frigga]

Awww Msboo- no worries! Hope everyone feels better so you can enjoy the remainder of Spring Break. How's the weather there?

It wouldn't have surprised me at all if Mark was dumped by Faga, but alas it wasn't true. At least not yet. Boy, is Faga in for a surprise when he gets his hands on discovery.

Will he have access to CWW's plea agreement? Anyone know?

His mother and her partner must be capable of some pretty intense denial- where else would that $250K surety bond come from? Thank goodness if Mark does ever make bond we'll be privvy to where that money comes from.

 

[msboo]

Thanks, Frigga, allergies mixed with bipolar weather in Ky.... LOL. Been sleepin' with a box of Puffs Plus---husband's used to my 'other lover'. Mid 60s w/lows in mid 40s-50s THEN comin' up will be like 50 w/upper 30s at night. We'll be outa the woods soon. Years back had a little snow with ice on the ground for Derby Day. Mother Nature should be thrown in the klinker with MS!

BS partner seems to be hangin' right in there with her as to MS situation... hunky-dory. THAT makes it seem even more probable that she might agree to helping him get bail no matter what. Wish those two weren't a factor in all this. The less 'mess' the better.

 

[Lawdog99]

That makes sense. MS does not want any of TS relatives to have the girls. I think he is afraid the girls may talk about the months before the murder and reveal what he was doing to the family. I know a friend had her grandkids, daughter was murdered and husband in jail. The family could not ask the kids any questions or comment on things the kids said. They could listen to the kids and report what was said to appointed authorities. They could ask the kids if they wanted to talk to a social worker...or the contact person for the kids. The kids did want to talk and they had a lot to say. I bet MS is really worried about the girls talking and will try anything to get the girls away from TS family and back into his clutches.

I looked but could not find if these new appointed lawyers have been involved in any murder trials. They list a lot of areas they covered but not murder.

Last, I wonder how much MS is trying to play lawyer like Felon Arias and Felon Anthony did. MS might be having his lawyers filing 'way out there' motions to see what will stick. Hope the Judge(s) is/are on the ball and MS does not get his way. It appears he is trying to manipulating his moms partner to put up the bond money per (previous post here). IMO he will try to flee, take and/or harm the girls if released besides anyone else. MS needs to sit in jail....trial could be 2 years away, wish it was tomorrow. Hopefully, JRR will turn evidence, even if he does not know as much.

IMO those girls are loaded with information. And what they don't know, I believe they have figured it out. They are way too smart not to see through this situation especially after spending so many months in seclusion. When MS was arrested and the camera showed the girls in the yard, they did not look tramatized by the situation nor did they look surprised. They were not crying or reacting to his arrest in a negative way, but then LS is the intuitive one, so I guess she would be able to read them. Those girls are strong like their mother not weak, needy and whiny like their Father, Praise God. They will be fine and grow to be exceptional young ladies as long as they are cared for by TS's Family. No other choices should be considered.

 

[Lawdog99]

MS needs money very badly, he should just accept his demise and let the State feed him on mystery meat. Who is he getting to write the emails?