GUILTY Bali - Sheila von Wiese Mack, 62, found dead in suitcase, 12 Aug 2014 #1

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  • #961
  • #962
Looks like Mr Elkin is getting ready for his big break...

http://elkin-associates.com/


Jumping off your quote Kamille -

He has written numerous articles relating to relevant Constitutional criminal procedure issues.

He regularly appears at community functions and radio programs, speaking about current events as they relate to changes in Illinois law.

http://www.thenationaltriallawyers.org/profile-view/Michael/Elkin/2532/

Think I'll keep my zipper closed and leave it to the lawyers with one last link...

https://www.linkedin.com/pub/michael-d-elkin-j-d-mba/4b/a4b/66b
 
  • #963
From the article
"Considering that Mack is pregnant, Elkin tells Wednesday Journal that he believe the Indonesian court system "would probably be a little more intelligent and make her wait it out (through the term of her pregnancy)."

What was he trying to say here? That they would make her wait out the firing squad until after the baby is born? That was a strange quote.

MOO
 
  • #964
Maybe that is why Shelia was wandering around in the lobby at 3:45am? Trying to find someone - a doorman, a security guard - to kick them out of her room?
Still wondering why Sheila was in the lobby so late at night ....


Interesting screen shot in the video at your link, too. Perhaps the cabinet from which the heavy glass murder weapon was taken?
http://abcnews.go.com/International/wireStory/us-couple-indonesian-resort-charged-murder-24992099

What must have been going through her mind, I wonder? Poor woman, feeling duped again, all alone, no one to look to for advice, helpless...... :(

Sheila needed a full time body guard. :thinking:
 
  • #965
Jumping off your quote Kamille -

http://www.thenationaltriallawyers.org/profile-view/Michael/Elkin/2532/

Think I'll keep my zipper closed and leave it to the lawyers with one last link...

https://www.linkedin.com/pub/michael-d-elkin-j-d-mba/4b/a4b/66b

Hope to hear what our legal sleuths have to say.

Something about the "bright line rule" and the involvement of counsel being communicated to the police. Is his work brilliant?

Currently, it looks more like an attorney promises involvement in another country and never shows up, JMO.
 
  • #966
I read somewhere Elkin said he met Heather socially because she knew some young staffers in his office.
 
  • #967
  • #968
Regarding Heather's statement,
About how much more can she take?

Well. Heather is alive, breathing and eating.
Something her Mother is no longer doing.
Thanks to her only daughter...

I have to say, I hope Heather is suffering.
Sounds about right to me.
 
  • #969
He posted on Aug. 5 that he'd spent $200 to expedite just to have it not "be here". IMO he expected to leave Aug. 4 but couldn't w/o the passport, so he had to delay and leave after HM and her mother.

If he never had a passort, he would have had to apply in person in order to get expedited service. He would also need to show the reason he required it immediately (proof of travel dates). So while they were holed up in the hotel, he could very well have purchased a ticket. Even if he had to renew a passport, you would need to allow yourself some time to get it. Perhaps, he planned this earlier? The FBI would know all the specifics and I would think they'd pass on all pertinent information.

http://travel.state.gov/content/passports/english/passports/services/expedited.html
 
  • #970
The drug running in Bali is a transfer station for the drugs, Gitana. The initial drug courier hands the drugs over to a middle man whom is living the high-life locally (always a foreigner because they usually just get deported - unless he's caught with the drugs on him, whereas a local would be shot). The middle man recruits the second courier who has a 'cleanskin' passport (hasn't been in a country where drug trafficking is rife) and the drugs continue on to the ultimate destination.

Wow. Ok. But it's so risky. I don't understand taking such a chance!

Looks like Mr Elkin is getting ready for his big break...

http://elkin-associates.com/

Ick. Just ick. I know his type. Relatively new attorney, slick, arrogant, unscrupulous. He probably could not care less that he's destroying HM with his statements and advice.

I think the estate attorney here filed the will to tie up her estate so HM couldn't start spending...

I agree. And welcome!!!!!
 
  • #971
Looks like Mr Elkin is getting ready for his big break...

http://elkin-associates.com/

So, this link ^^^ (site under construction) directs us to his profile on The National Trial Lawyers Top 100 Trial Lawyers site.

But it is very misleading, because when you look in the tab called Membership Directory, and click on Top 100 Map - Civil Plaintiff and go to Illinois .. he's not there. Then click on Top 100 Map - Criminal Defense and go to Illinois .. he's not there either. So it is no surprise when you click on Top 40 Under 40 .. he's not there either.

The Top 100 ranking attorneys in each category are listed alphabetically. So, while he may be a member of The National Trial Lawyers group, he is not a ranking member in any way. Nor can a person even find him on the site unless they know his last name and do a search on it.

http://www.thenationaltriallawyers.org/
 
  • #972
I think the estate attorney here filed the will to tie up her estate so HM couldn't start spending...

Exactly! I don't think she could have spent anything tho. Just the money in her own accounts.

Usually anytime they are doing a full autopsy on a person- all insurance (life, annuity, etc) are on hold until the official cause of death is released.
When there is no beneficiary listed- the insurance company usually follows the default list. Remember this tho- they make no moral judgement on who should get it. So if Shelia hated her one sibling, but not her other one- it won't matter. It will be split.

1. Spouse.
2. if no spouse, then any living children
3. if no spouse or children, then any living Parents
4. If no parents are living, split between all living siblings.

To even be able to make a valid claim, you MUST provide death certificates for everybody that is above you in the list. I can't tell you how hard (and expensive) it was tracking down all the information when I was doing my brother's claim. I even had to send them my brother's divorce papers.
 
  • #973
http://www.phaseloop.com/foreignprisoners/prison-indonesia03.html

Exclusive Look inside Kerobokan Prison [2012]
Far Cry from a Hell Hole but still a place you don't want to stay For Ever!


Certainly Kerobokan prison is no Hotel Hilton but it's not 'squalor' and granted there's no air conditioning in the cells but then again, many people in Bali can't afford this luxury either. There are fans and private toilet facilities. The cells are overcrowded by Indonesian standards and the squat style toilets are normal for the environment, but a few well placed dollars and westerners can pay to have sit down toilets installed. Female inmates keep their rooms clean and tidy just as they would back home. After all, this is what must be their home away from home, or at least they try to make it seem that way. Women are free to decorate their cells with personal items, family or religious photos. Most of the walls are painted a lovely shade of pink so it's hardly gloomy.

Books in both English and Indonesian are available in the library along with fashion magazines. Australian prisoner, Schapelle Corby, keeps a copy of Nelson Mandela's novel beside her bed, a rather intensive read but no doubt inspirational. Inmates do their washing in their cell bathrooms and have a clothes line for drying.Telephones, computers and even Facebook is available to those who can afford to pay.

Some prisoners choose to work in the office. Some female prisoners spend hours beading creative jewelry and listening to songs on their Ipods while others paint their fellow inmates fingernails pretty shades of pink.

Inmate mothers who have given birth to babies during their incarceration are allowed to keep their babies in their cells, until approximately 6 months of age. Then their families take care of them since everyone agrees prison is no place for an innocent.

In the men's section, the men have more opportunity for activities and play tennis daily, often having tennis competitions.
 
  • #974
  • #975
Hmmm... Seems like Elkin broke most, if not all, of these rules of thumb...

http://www.phaseloop.com/foreignprisoners/prison-indonesia.html

Reality check: foreign internment is a complex area
Some good advice:

a) If you are arrested overseas, you may face a significant period of detention before your case comes to trial.

b) The presence of illegal drugs detected in blood or urine tests is considered possession. You may also be charged with possessing drugs if trace amounts are found on your body, bloodstream, clothes or luggage. Amounts of 0.05 grams or less can lead to a conviction for drug possession and lengthy minimum mandatory prison sentences.

c) get a competent lawyer who won't offend the detaining party by saying their laws are ridiculous (even if you think they are); make sure they are familiar with international law, sovereignty, foreign judicial process, AND mindful of cultural sensitivities (what is and isn't offensive in that culture);

d) establish a good rapport with the consular officers in the field, and with your point of contact through your relevant foreign affairs department;

e) work with people who have proven experience to develop a sound strategic plan away from the media, utilising the support and advice of known professionals who have extensive knowledge and key contacts in foreign relations,

f) avoid the tabloids as best you can. Some might offer you lucrative media deals or a spot on prime time television. All offers from the media should be directed to those experienced professionals who are working to secure your release. Often the media can impede negatively on a case, particularly if comments are negative towards the Indonesian authorities and their judicial process.

g) work with them to engage the foreign government with dignity and respect, after all, they are best able to make approaches without the emotional attachments that can derail negotiations early on;

h) understand that these processes are complex and not easily resolved. Understand the reality of what your government can and cannot do for you. Your Government can assist you through the consul but they cannot provide a lawyer to you and they cannot get you out of jail. Think of it this way, if you were arrested in your home country, you would be subjected to due process. The same rules apply when you are arrested overseas. You must go through the judicial process and it cannot be interfered with by your Government.

i) your government cannot conduct investigations relating to any alleged offence. This is why you need a lawyer!

j) the Indonesian legal system is a Civil Law system rather than a Common Law system (The Common Law System is found chiefly in Australia, England, America and other former British colonies). Its procedures are entirely different to those in Australia, so don't confuse the two thinking that what might constitute 'reasonable doubt' or 'minor offense' back home will be similar in Indonesia. Penalties for crimes in Indonesia are usually harsh.

k) saying you didn't know that drugs were in your bag is not a sound legal defence in any court. If you cannot PROVE your case then chances are you will be convicted.

l) keep a low profile and make sure you have support in place for the long haul. Things move slowly in Indonesia.


You attract more bees with honey than you do with vinegar.
 
  • #976
From this article, it sounds as though the attorney issue (according to Elkin) is that HM has not been allowed to meet privately with lawyers. That is one sure-fire way of making sure that accused people don't tell one story to their lawyer and another to the police.


The Chicago teen accused of killing her mom during a family vacation in Bali isn't allowed to meet privately with her lawyers, her U.S.-based attorney claims.

Mack's Chicago-based lawyer, Michael Elkin, said he hasn't been allowed to speak with his client alone.

Police appointed Indonesian lawyer Haposan Sihombing to represent Mack and Schafer. Meetings with him have also been supervised, Elkin said.

http://www.nydailynews.com/news/cri...-meetings-legal-team-lawyer-article-1.1916968


ETA: I've done a little looking around, and I can't find anything yet that says Indonesian law stipulates that a lawyer can meet privately with a prisoner. In fact, I found one thing that said that Indonesia agreed with the UN as recently as 2001 to allow/ensure a detainee has a lawyer. Hence, the police-provided Indonesian lawyer for HM and TS, I guess.

http://www.redress.org/downloads/reparation/SourceBook.pdf
 
  • #977
“I met with Heather yesterday and a letter has been sent by Michael Elkin to Bali police about changing (local) lawyers,” Sihombing said today.

“Until a new lawyer is appointed, I will remain as her lawyer to assist Heather,” he said, adding that Mack was in “good spirits”.

It was not clear whether Schaefer has retained an American attorney.

http://www.therakyatpost.com/world/...ed-private-legal-consultations/#ixzz3BV3qSJYa
 
  • #978
There must be a beneficiary. That's how it's done! If none was named, it goes via intestate succession. So it would go to her daughter. Except of course if she's convicted of murder. Then it goes to the next living relations.

My guess is her brother is going to tie up loose ends quickly to make sure HM is not able to access Sheila's money, assets, credit, etc. I really believe that girl is on her own.

Respectfully snipped by me.

Gitana, in the USA, if a person goes to jail/prison, how does their bank account work (provided they have money in an account or in a trust)? I'm wondering if a person goes to prison for committing murder, are they allowed to keep their money or does the State take it from them to help the government pay for their incarceration? Or can the prisoner sign that money over to a person of their choosing? Also, if a person has money here in the USA and are incarcerated somewhere in a foreign nation, but say they're in a foreign jail for the murder of another US citizen, can the government take the incarcerated person's money? Or could it be held in reserve for if & when they return stateside?
 
  • #979
From this article, it sounds as though the attorney issue (according to Elkin) is that HM has not been allowed to meet privately with lawyers. That is one sure-fire way of making sure that accused people don't tell one story to their lawyer and another to the police.

http://www.nydailynews.com/news/cri...-meetings-legal-team-lawyer-article-1.1916968

Is that even a right that an arrested person in Bali would have, considering each nation has their own laws regarding this? Just bc Elkin is yammering from the mouth about meeting &/or speaking privately with a lawyer doesn't necessarily mean its even allowed in Indonesia anyway without Heather giving an initial statement to police.
 
  • #980
About the oak park article where Elkin speaks:

1) I'm unsure exactly what HM has hired him to do. He clearly is not "representing" her, as he has no legal authority or function in Indonesia, which he admits. At this point, MOO, he needs to step away because he is causing her more harm than good. "Adequate" representation? Damn, that has so many negative connotations toward Balinese lawyers (you know, like the one she HAS). Yet another insult.

2) he says saying she isn't cooperating is "salacious" and then he goes on to state she received a mental health form to fill out and she *did not "participate"*. Jerk. MOO. They gave her something to do and she refused to do it. Is that not the definition of "not cooperating"?

3) I have no doubt HM was shocked that she is getting bad press. I imagine the conversation revolved around HM saying something like "why is the US not getting me out?" And "can't we wage a PR war so that amnesty international (haha as if she knows what AI is) and US citizens will pressure Indonesia to release me?"

4) the thing that is going to get HM the death penalty is the whole concept she stated about an armed gang and thievery and kidnapping. The British grandmother who received the death penalty (Lesley something) got it because the judges stated she directly harmed Indonesia/Bali's image as a tourist destination. Something tells me they won't like that someone is stating there are armed roving gangs at 5 star hotels waiting to kidnap, rob and murder high end customers.
 
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