GUILTY Bali - Sheila von Wiese Mack, 62, found dead in suitcase, 12 Aug 2014 #3

[ajaylee]

I wonder if the autopsy reports comment on early reports of bruising on SWM's wrists. I don't know if that kind of bruising could come about from HM or TS holding her wrists when they were lifting her onto the bed (if it happened that way).

Another tiny point. (I'm reading a Scarpetta mystery now, so I'm got autopsies on the brain). SWM was supposedly attacked while she was standing up, although it sounds like perhaps most of the blood ended up on the bed. The reason given was that she had aspirated blood from the broken nose. ?? I don't understand: if I'm lying in bed on my back, presumably on at least one pillow, and something hits my nose hard enough to break it but not hard enough to instantly kill me, isn't it likely that my first reaction is to gasp?

I think some of the police leaks may have actually been deliberate. If the police present an entire, detailed scenario of what they know, then TS and HM know what holes in their stories need patching up. If details get dribbled out, it forces HM and TS to watch and try to change their stories to stay consistent without accidentally tripping themselves up.

I've been thinking about the 'slur' that supposedly set TS off and the entire strategy. There's no way someone isn't going down for a killing. Both attorneys' top priority is to eliminate pre-meditation, because that takes the death penalty off the table. The 'slur' is really just one step away from trying to claim temporary insanity, IMHO, another plea that seems inconsistent with pre-meditation.

 

[Curious Me]

In what universe is it allowed to hit someone four times over and over until they are dead for a "slur"! HM did not call for help for her mother and wants to be seen as passive, but she's a murderer too, IMO. At some point, SWM could've lived, but these two kept going. Gee, I could swear that's called premeditation.

 

[FormerOakParker]

Here's another Indonesian article .. bit harder to understand what they are saying, and less informative.

Translation on right hand side:
https://translate.google.com/#auto/...otongan tubuh korban itu ditenteng," tukasnya.

Actual article:
http://news.okezone.com/read/2014/10/13/340/1051747/pembunuhan-bule-as-di-bali-direka-ulang

"When the victim was still moving. Fact Tommy had tried to resuscitate the victim by putting the victim's head in her thighs. "
Sheesh! Was she still alive and moving around when they put her in the suitcase? If he really wanted to resusitate her, he would have called paramedics, right?

 

[Quester]

I'd like to know if HM's butt print is on the exterior side of the suitcase! :notgood:

 

[quesarita]

I'm guessing they are suggesting that they put SWM's head between her knees and that they put her on the bed, probably to explain why there was so much blood on the bed linens. Upright does not have to mean standing up. She could have been sitting up in bed? After being startled by someone standing beside it with a weapon?

I thought they were trying to explain the contorted posture she in which she was found in the suitcase - with her head between her legs.

Possibly she could have jumped up from bed when she heard them come in, been hit and fallen onto the bed?

 

[Orange Tabby]

This publication always screams tabloid to me so I post it with a caveat. There are some errors (it mentions HM as adopted, neglects to call RS an ex of TS) yet there are new statements as well so as always, take what you will from it.

http://www.dailymail.co.uk/news/art...ter-luxury-hotel-lobby-just-hours-murder.html

Noteworthy, if is to be believed info talking about "Miss Mack's" behavior as observed by staff, comments from someone that grew up with HM and is now a Jakarta writer and this interesting statement:

While suspicion remains on both young people, as they were the only ones seen entering the room on CCTV footage, police said their initial inquiries suggested the perpetrator of the crime was the daughter.

ETA: Call me cynical but who else thinks the "writer" is someone that got paid for their story, thus becoming a "writer" to the Jakarta Post?

I am no fan of the Daily Mail (a British friend of mine calls it the Daily Fail), but I think I should defend it against a slight misunderstanding by you.

The person who grew up with Heather is not claimed to be a professional writer nor to be based in Jakarta. (I bolded that part in your quoted post.) And it’s highly doubtful she was paid.

What the Mail published was this:

An insight into the family background and Ms Mack’s psychological problems has come from a writer to the Jakarta Post who said she was the same age as Heather, having been friends with her for years. [You've provided the link]​

“A writer to the [insert publication name]” is standard locution in British journalism (both high and low) for a person who comments on a published article. Back in the day it would have been someone who wrote a letter to the editor. Today it is much more commonly a person who writes a comment on a newspaper website. Which is all this woman did. The word “writer” was used because she didn’t ring up the paper nor was she interviewed by them.

It was just a comment on a Jakarta Post story by a person who says she’s from Oak Park. There’s no reason to believe she was paid to comment on such an obscure site. You can see the article and her comment here:

http://m.thejakartapost.com/news/2014/08/13/dead-body-found-suitcase.html

I do think it’s a violation of journalistic ethics for the Mail to have quoted her without pointing out that she made her claims anonymously. Additionally, I think another idle comment in that same Jakarta Post thread suggesting Heather was adopted is how that meme got started, with propagation by the Mail. Taking anonymous posts and weaving their claims into a newspaper article is piss poor journalism.

Certainly the most powerful point in the Mail article has nothing to do with the woman who says she knew Heather. It is the claim you highlight (that police thought Heather was the perpetrator), but the Mail shamefully doesn’t quote any specific “authority” as actually having said it.

 

[Orange Tabby]

I'd like to know if HM's butt print is on the exterior side of the suitcase! :notgood:

Hilarious!

 

[SouthAussie]

So, I've had a look around and BAPs are just the police reports where victims and witnesses give their version of the crime. It is not the police dossier as that google-translated version of an article said. So the reenactments were only HM & TS' opportunity to complete a BAP each, as the police have wanted them to do for a long time. And the 3 significant differences would be between HM's BAP and TS' BAP ... not between their statements and the police/prosecution dossier.


Either the same day or with a later appointment you will make a second report as a witness, called a Berita Acara Pemeriksaan (Report of Examination) or BAP which will take your information in detail.

The BAP also starts off frustratingly vague. What is your name? How old are you? Are you of sound mind and body? Are you giving evidence of your own free will? Then the questions of substance start and you have a chance to explain in detail what happened.

Although the BAP should make clear whether you were a victim or only a witness, realize that under criminal law anywhere in the world there is no real distinction between the two. I discuss the difference between civil and criminal accusations elsewhere, but in short, crimes are considered under law to be crimes against all society and therefore you have no special standing or priveliges as a victim. This can be very upsetting in crimes of violence against the person; the victim can feel assaulted twice over, both in the original assault and then again by the callousness of the law towards the victim. So be ready for it.

When your BAP is finished you will have a chance to read it over and make corrections and then sign it in multiple copies. You might get to keep one.

http://indonesialawonline.com/Blog Reporting.aspx

 

[SouthAussie]

I'd like to know if HM's butt print is on the exterior side of the suitcase! :notgood:

Yes ... or her footprints after she stood on it to get her full weight on it!

 

[SouthAussie]

Yes, and I'm still a little baffled by the fact they would be watching each other's re-enactment. Wouldn't you want them each to do it apart from each other but if the defense lawyers offered this up, it's to their advantage that their client's stories match.

I've been thinking about this, and I'm not positive that they watched each other's reenactment. Yes, they first did HM, then TS. But when each of them was in their 'witness' role, they could have been made to wait outside the room, or in the other room (as in, one was reenacting in room 317, while the other was in room 616 .. then they swapped.) I'm sure they had their lawyer and translator with them, but I'm not sure that the other party was able to actually watch ... not that they'd need to if the lawyers are consulting among themselves privately. They would be prepped and primed by their lawyers.

 

[Orange Tabby]

So, I've had a look around and BAPs are just the police reports where victims and witnesses give their version of the crime. [SBM]

http://indonesialawonline.com/Blog Reporting.aspx

Very interesting article SouthAussie! Thanks for your BAP sorting. Here are a few other things from the article which may have some bearing on Sheila’s case:

Anyone with knowledge of a crime in Indonesia is required by law to report it to the police.​

I wonder if failure to do this is a crime, and if so, what the penalty is.

The conviction rate in Indonesia for cases which advance to trial is over 95%.​

Good news.

… there is no way to do DNA testing in Bali.​

Huh??!!

I will make a practical distinction with no basis in law for the types of crimes the police will investigate most enthusiastically. The best crimes involved naked women. If you have a naked woman in your crime you are almost guaranteed to get results.​

Double huh??!!

In Bali few lawyers specialize in criminal or civil law; every lawyer handles everything.​

Interesting.

 

[gracehatter]

“A writer to the [insert publication name]” is standard locution in British journalism (both high and low) for a person who comments on a published article. Back in the day it would have been someone who wrote a letter to the editor. Today it is much more commonly a person who writes a comment on a newspaper
website."

Well, thanks for clearing that up.

 

[Kamille]

Very interesting article SouthAussie! Thanks for your BAP sorting. Here are a few other things from the article which may have some bearing on Sheila’s case:

Anyone with knowledge of a crime in Indonesia is required by law to report it to the police.​

I wonder if failure to do this is a crime, and if so, what the penalty is.

The conviction rate in Indonesia for cases which advance to trial is over 95%.​

Good news.

… there is no way to do DNA testing in Bali.​

Huh??!!

I will make a practical distinction with no basis in law for the types of crimes the police will investigate most enthusiastically. The best crimes involved naked women. If you have a naked woman in your crime you are almost guaranteed to get results.​

Double huh??!!

In Bali few lawyers specialize in criminal or civil law; every lawyer handles everything.​

Interesting.

Well distinguishing DNA on the murder weapon might have helped but apparently that's a no go.

And we have half naked woman in this crime so what results are we almost guaranteed?

:giggle:

 

[SouthAussie]

… there is no way to do DNA testing in Bali.​

Huh??!!

There is, however, DNA testing in Jakarta. Any items requiring this kind of testing would just be forwarded on there ... same country.

Bali is more of a tourist resort island, Jakarta is the capital.

The newly released result of a DNA test has provided the Bali Police with evidence to strengthen their case against Mochammad Davis Suharto ....

http://www.thejakartapost.com/news/2010/05/24/dna-test-confirms-suspect039s-identity.html


http://dnapolicyinitiative.org/phd-student-helps-indonesia-builds-dna-database/
https://www.facebook.com/pages/EasyDNA-Indonesia/203293343086177

 

[Orange Tabby]

There is, however, DNA testing in Jakarta. Any items requesting this kind of testing would just be forwarded on there ... same country. [SBM]

Very good to know! Thanks for posting that.

 

[Orange Tabby]

I think it was reported that TS had some blood on his jacket but how much blood did he have on his clothing? Why does it sound like HM's whole shirt was blood covered and TS had a bit of blood on his clothes? How is this possible if he was the one who hit SWM four times and stuffed her in the suitcase? And where did HM go when TS was stuffing her in the suitcase? We've heard two different stories of her helping and not helping.

I'm glad you've written about this, because if the clothes turn out to be as you've described, that's really important evidence. The "farewell hug" explanation for Heather's blood-soaked clothes is hooey, and I'm sure the judges will see that. And if Heather's clothes actually have clear spatter, rather than big amorphous stains, that's additional evidence of her participation in the murder.

 

[Orange Tabby]

It's highly unlikely, at least I'd imagine, that any portion would pass to JM's other kids under the set of facts we have now. When JM's will was probated it all went to SWM, so at that point, he becomes a non factor. Remember when SM's will was filed, it was reported that she had the will made at the same time
as JM and she had left her estate to one beneficiary in the form of a trust. While that person remains unknown the chances that it is anyone other than HM, I'm just guessing is slim.

If there is no provison for further disposal in the event HM can't take within the trust, then the estate will be divided by the intestate rules which in this case, since we have not heard anything to indicate SWM's parents are alive, it will be split between her siblings.

There was a fair amount of discussion of inheritance issues in the second thread on this case here at Websleuths. I made some posts about a month ago arguing that Heather’s unborn child could end up with all of Sheila’s assets.

This post discusses the fact that a child not yet born at the time a will is made or at the time a testator dies, can still inherit (however, circumstances vary):

http://www.websleuths.com/forums/sh...r-boyfriend-charged-2&p=10963711#post10963711

This post discusses the idea that a child conceived but not yet born at the time of a testator’s death has long been considered “born” for the purposes of inheritance in many jurisdictions:

http://www.websleuths.com/forums/sh...r-boyfriend-charged-2&p=10963717#post10963717

Illinois has a Slayer Rule statute, so if Heather is found guilty of murder, I think we all pretty much agree that she will not be able to inherit. Then the question is this: did she have named, alternative beneficiaries? If so, then there's no debate.

If not, and if Illinois law holds that Sheila’s descendants take precedence over anyone else (e.g. over lateral relatives like her own siblings) in the event she failed to name beneficiaries (or only named Heather), and if Illinois recognizes the concept of Nasciturus pro iam nato habetur, quotiens de commodis eius agitur (discussed in the second link above), then I believe Sheila's grandchild will eventually be named her beneficiary (assuming it is born). And I think Vanessa Favia, the lawyer for Heather’s unborn child, believes this too.

 

[IslandLover]

This publication always screams tabloid to me so I post it with a caveat. There are some errors (it mentions HM as adopted, neglects to call RS an ex of TS) yet there are new statements as well so as always, take what you will from it.

http://www.dailymail.co.uk/news/art...ter-luxury-hotel-lobby-just-hours-murder.html

Noteworthy, if is to be believed info talking about "Miss Mack's" behavior as observed by staff, comments from someone that grew up with HM and is now a Jakarta writer and this interesting statement:

While suspicion remains on both young people, as they were the only ones seen entering the room on CCTV footage, police said their initial inquiries suggested the perpetrator of the crime was the daughter.

ETA: Call me cynical but who else thinks the "writer" is someone that got paid for their story, thus becoming a "writer" to the Jakarta Post?

With respect, I think you have misread the article. It talks about a writer TO the Jakarta Post, not a writer FOR the Jakarta post. I took this to mean someone who knew HM and had commented on an article in the Jakarta Post (in their comments section). However, I agree with you that the Daily Mail is a tabloid and some of what they write about should be taken with a pinch of salt.

 

[Kamille]

With respect, I think you have misread the article. It talks about a writer TO the Jakata Post, not a writer FOR the Jakata post. I took this to mean someone who knew HM and had commented on an article in the Jakata Post (in their comments section). However, I agree with you that the Daily Mail is a tabloid and some of what they write about should be taken with a pinch of salt.

Welcome IslandLover :welcome:

I think Orange Tabby cleared that up in post #526 and it does appear that the Daily Mail actually quoted a commenter to The Jakarta Post. Hard to believe isn't it? I don't think I've ever seen even the worst tabloid directly quoting a commenter on some other news sites article.

Look forward to hearing your thoughts on some of this other news we've been getting in from Bali recently.

MOO

 

[Orange Tabby]

With respect, I think you have misread the article. It talks about a writer TO the Jakata Post, not a writer FOR the Jakata post. I took this to mean someone who knew HM and had commented on an article in the Jakata Post (in their comments section). However, I agree with you that the Daily Mail is a tabloid and some of what they write about should be taken with a pinch of salt.

Welcome IslandLover! I hope you find the water nice.

Your island isn't by any chance Bali?! (Ha ha ha, just joshin'. We welcome lovers of all islands.)