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

[Orange Tabby]

Pursuing child custody for grandparents in Illinois involves a concept known as "legal standing." Standing is the legal ability of a grandparent to seek child custody in the first instance. Not every grandparent in all situations possesses legal standing to pursue child custody. Legal standing exists for a grandparent to seek child custody if neither parent maintains physical custody, if the parent serving as the primary caretaker dies or if there is a substantiated allegation of abuse of neglect of the child.

http://legalbeagle.com/6060585-child-custody-laws-grandparents-illinois.html

Guardianship is a more permanent arrangement. For guardianship, standing must be established in one of the following ways: 1) the natural parent voluntarily relinquishes physical custody of the minor, 2) the natural parents consent to the appointment of a guardian, 3) the natural parents fail to object to the petition for guardianship, or 4) the strong presumption of the natural parents’ ability to care for the child (fitness) is rebutted (thereby terminating the parental rights).

http://ilfamilylaw.com/grandparent-standing-custody-guardianship/

As a custody matter, Kia could certainly be pursuing her case based on the fact that as of March 17 neither of Stella's parents will have physical custody of her. (And she could at any point drop a guardianship claim in favor of custody.)

As a guardianship matter, I think she'll pursue (4) arguing both that absent physical custody Heather's ability to parent will be enormously attenuated but also, as a convicted murderer she is not fit. Additionally, she could employ Tommy's various arguments about the health and care of Stella in prison as examples of Heather's lack of fitness.

I have no idea if her arguments will fly, but her lawyer has fought many grandparent cases. Presumably he will know the ins and outs of Illinois law. He claims to have participated in the drafting of the current relevant legislation.

Like others here, I'm not crazy about Stella's chances for a happy and rewarding life if she's turned over to Kia. But no one except the Heather and Tommy factions appear to want this helpless child.

"Standing" is the legal concept of having a right to pursue some matter in court. Just who has standing is a big problem for Stella. Someone here suggested Sheila's siblings may have standing to fight either a Heather-approved or Tommy-Kia-approved guardian. I don't know if that's correct or not. And I fear they are simply not interested in that kind of fight.

I'm nearly certain that the guardian ad litem has standing to argue against the murderers, but Kamille has recently pointed out that at least once in the past Judge Cohen ignored the GAL's advice. (And it was good advice. "Get this child out of the prison!")

 

[Orange Tabby]

I'm kind of surprised on KW's timing - this was never going to be easy, but I can't see the advantage to waiting until what is legally kind of the last minute to file for custody. I'm not sure how fast they can move something like this through the courts.

I agree completely. Her dilatory approach could be used against her, with the argument: where have you been for two years?

 

[Orange Tabby]

Orange Tabby, I don't recall exactly when, but I think last year Cohen assigned HM pro bono representation. IIRC, that was how it was reported. It struck me, because I had never heard of someone being assigned free legal assistance in a civil case.
At the time, I think HM no longer had an attorney and the judge said that someone had to represent her interests.

Strange indeed! Thanks for that info. Yet another reason for me to try and attend Friday's court session.

If she has a lawyer, I wonder why she's listed as "pro se." It's all quite a jumble.

I've started re-reading some of the forum material from about a year ago, helpfully pointed out to me by Kamille. It should give me a better grounding in some of the past developments.

 

[ajaylee]

Strange indeed! Thanks for that info. Yet another reason for me to try and attend Friday's court session.

If she has a lawyer, I wonder why she's listed as "pro se." It's all quite a jumble.

I've started re-reading some of the forum material from about a year ago, helpfully pointed out to me by Kamille. It should give me a better grounding in some of the past developments.

I had to refresh my memory. More detail on the link, but in short: HM wrote a letter to the judge because she had run out of attorneys. Our judicial system doesn't work that way. Cohen wanted a pro bono attorney to represent Mack, including reading her letter in court. Favia agreed to continue representing Stella while also representing Mack for free.

No possible conflict of interest there. This was late 2015.

The Cook County guardian coordinates with a local aid group. This is the group that TS claimed HM treats badly when they deliver supplies. He has also accused her of selling supplies intended for Stella to get money for beer and cigarettes.

In case you had forgotten: at one point, TS needed money for drug treatment because he'd somehow been getting enough money from someone - KW? - to buy enough drugs to need help.



http://www.websleuths.com/forums/showthread.php?274635-Bali-Sheila-von-Wiese-Mack-62-found-dead-in-suitcase-12-Aug-2014-5/page86

 

[Orange Tabby]

HM wrote a letter to the judge because she had run out of attorneys.

Brilliant, ajaylee, simply brilliant!

Thanks for the link. I'll spend time reading the material you and Kamille have highlighted.

 

[ajaylee]

I agree completely. Her dilatory approach could be used against her, with the argument: where have you been for two years?

Re: KW

When this first happened, KW set up a $10K GoFundMe page to help TS. She's been to Bali once, with her lady friend, for the birth of Stella.

At one point, TS was upset. Stella was sick and needed antibiotics, which are dirt cheap over-the-counter in southeast Asian countries. He posted that the aid group had to bring him antibiotics. ??? Why wasn't KW involved? She lives right in Chicago - she should have been all over the guardian in Chicago to get Stella what she needs. TS complains he's losing weight, while HM is gaining - what happened to the money KW was going to send him?

Quite a while ago, KW showed up in a hearing - it might have been the one where the judge chewed Elkin out. KW told the judge HM was trying to sell Stella for $150K for her get-out-of-jail-early appeal. She said she had proof - ready for this? - texts and a confession. The judge advised her to get an attorney.

She refused to talk to reporters afterwards, saying she'd rather put it in a book. (bolding mine) That was the last anyone heard of that story.

 

[watergirl62]

If Heather would put Stella up for adoption, even out of spite, Stella might have plenty of options. Yeah no. I don't ever see that happening.

I put my third child up for adoption. People came out of the woodwork wanting that baby, it was amazing. I didn't know the sex either (it was a boy).
But I clearly wasn't a narcissist or potential psychopath and I didn't murder my mother.

I think that's why I was confused regarding paperwork, I misread custody status as adoption.

Kia may not be the best possible choice, but is probably the better option available given the fact that HM likely will not cooperate with any of this. SMH.

Poor little Stella. [emoji72]

 

[Kamille]

Re: KW

When this first happened, KW set up a $10K GoFundMe page to help TS. She's been to Bali once, with her lady friend, for the birth of Stella.

At one point, TS was upset. Stella was sick and needed antibiotics, which are dirt cheap over-the-counter in southeast Asian countries. He posted that the aid group had to bring him antibiotics. ??? Why wasn't KW involved? She lives right in Chicago - she should have been all over the guardian in Chicago to get Stella what she needs. TS complains he's losing weight, while HM is gaining - what happened to the money KW was going to send him?

Quite a while ago, KW showed up in a hearing - it might have been the one where the judge chewed Elkin out. KW told the judge HM was trying to sell Stella for $150K for her get-out-of-jail-early appeal. She said she had proof - ready for this? - texts and a confession. The judge advised her to get an attorney.

She refused to talk to reporters afterwards, saying she'd rather put it in a book. (bolding mine) That was the last anyone heard of that story.

And lets not forget that KW filed for bankruptcy in 2011, we have no idea what her current situation is, and from what I remember her son claimed that he preferred to sleep on friend's couches rather than live with his mother. But all of a sudden, now that it appears Stella will be getting all the money, KW steps up to the plate with TS's endorsement. Seriously, I swear the whole lot of them are lying, playing each other and the courts, and there is not a trustworthy one in the bunch. No one appears to even know how to "do the right thing". Everyone seems to have an ulterior motive and all of it lies around that freaking 1.5 million dollars. Money really is the root of all evil.

Remember how this all started off? When HM said her mother was killed by a gang that also wanted to kill her and then she said she was repeatedly sexually assaulted in the jail? Sigh. Who would have thought we'd still be dealing with nothing but lies and BS from all parties almost 3 years later. :notgood:

And to think that we're at the point where we're hoping that KW is given guardianship of Stella just to get her out of that country so her mother can't use her as an ATM anymore.

MOO

 

[FigTree]

Re: KW

When this first happened, KW set up a $10K GoFundMe page to help TS. She's been to Bali once, with her lady friend, for the birth of Stella.

At one point, TS was upset. Stella was sick and needed antibiotics, which are dirt cheap over-the-counter in southeast Asian countries. He posted that the aid group had to bring him antibiotics. ??? Why wasn't KW involved? She lives right in Chicago - she should have been all over the guardian in Chicago to get Stella what she needs. TS complains he's losing weight, while HM is gaining - what happened to the money KW was going to send him?

Quite a while ago, KW showed up in a hearing - it might have been the one where the judge chewed Elkin out. KW told the judge HM was trying to sell Stella for $150K for her get-out-of-jail-early appeal. She said she had proof - ready for this? - texts and a confession. The judge advised her to get an attorney.

She refused to talk to reporters afterwards, saying she'd rather put it in a book. (bolding mine) That was the last anyone heard of that story.

My blue bold...
Was that the 3 part video she's taking about?
I'm finding that the timing of the tapes is very interesting.
And I think that those tapes are a huge deal in this case - and they are as important as Stella being removed from Jail.
The timing of them being posted serves who? Someone who needs to discredit HM further?
They certainly have done HM not much good.
________________________

and this is something I'll just get off my chest too - not directed to anyone - just saying...

Rant warning -


I find it sad that this child is in this situation to secure her placement out of jail and her future home - and that for the first 2 years of Stella's life she has had to spend in a prison with a set of criminal & dysfunctional parents surrounded by people who are not her family, in a foreign country with no access to the outside world or the company of other children to play with or any of the benefits that a growing healthy normal child would have bestowed upon them -
Her history is already appallingly sad - mind blowingly sad - she has been 'punished' and used disrespectfully since she was born.
She is now about to be taken away from that surroundings and her parents - and I believe that this will be one of the most critical transitions in this child's life.


Adults grapple over this child because (IMO) she has more to offer them than they do her, presently.
She's not a moneybox, she's a little girl who will one day grow up to know everything about herself and her past.
When she is older and able to look back on her life - who will stand out to her as her victor, hero, advocate, parents? It will be those who gave themselves selflessly to make sure her life would be exceptional... and good.


I hope the new custodians/guardians/parents know how to guide, care, respect, love, steer, encourage and support her from this point onward, unconditionally with only her best interests at heart, and keep her safe from harm and have the courage to defend her lovingly at every step of the way.
She deserves nothing less, and a whole lot more.

I hope that those basic conditions are taken into consideration - and if they aren't then anyone vying for custody should search their motives and step back and let a better option be given to Stella.


Rant over.

 

[IslandLover]

Re: KW

When this first happened, KW set up a $10K GoFundMe page to help TS.

Wasn't the GoFundMe campaign stopped because they don't allow campaigns to fund criminal cases? (This happened with another case that I've been following.)

 

[Kamille]

The Crime Watch Daily show from today....

https://crimewatchdaily.com/2017/02...sion-in-mothers-bali-murder-promptly-recants/

 

[Weezer Fan]

Many, many thanks to you and Kamille. I see the court times now.

Doesn't look very promising for action. I'm guessing that at 10, something related to Kia Walker's guardianship request will be formally entered into the record and someone on behalf of Heather will say that she opposes it and wants time to prepare arguments.

Then the status call at 10:30. Won't that just be to establish for the record where the case stands?

Nonetheless, if I am able (and I won't know until very late) I'll go.

BTW, Heather is listed at the top of this document as "pro se" meaning that she is representing herself. Really? Does she participate in court sessions via phone? I suppose just to find that out is worth a court visit.

oooohhhhhhh. Wish I could go with you.

 

[Weezer Fan]

As a custody matter, Kia could certainly be pursuing her case based on the fact that as of March 17 neither of Stella's parents will have physical custody of her. (And she could at any point drop a guardianship claim in favor of custody.)

As a guardianship matter, I think she'll pursue (4) arguing both that absent physical custody Heather's ability to parent will be enormously attenuated but also, as a convicted murderer she is not fit. Additionally, she could employ Tommy's various arguments about the health and care of Stella in prison as examples of Heather's lack of fitness.

I have no idea if her arguments will fly, but her lawyer has fought many grandparent cases. Presumably he will know the ins and outs of Illinois law. He claims to have participated in the drafting of the current relevant legislation.

Like others here, I'm not crazy about Stella's chances for a happy and rewarding life if she's turned over to Kia. But no one except the Heather and Tommy factions appear to want this helpless child.

"Standing" is the legal concept of having a right to pursue some matter in court. Just who has standing is a big problem for Stella. Someone here suggested Sheila's siblings may have standing to fight either a Heather-approved or Tommy-Kia-approved guardian. I don't know if that's correct or not. And I fear they are simply not interested in that kind of fight.

I'm nearly certain that the guardian ad litem has standing to argue against the murderers, but Kamille has recently pointed out that at least once in the past Judge Cohen ignored the GAL's advice. (And it was good advice. "Get this child out of the prison!")

I'm actually surpized we haven't hear from any of James Mack's other children:
http://articles.chicagotribune.com/2006-08-16/news/0608160239_1_mr-mack-classical-music-jazz

"He had two previous marriages that ended in divorce.

Mr. Mack also is survived by a son, James Jr.; four more daughters, Deborah, Donna, Kathy and Elaine; and two grandchildren."

James Mack's will stated that his will would provide only for Heather, none of his other children. Then, after he died, a judge awarded the $500K that was for HM to SWM. (It's in our notes here.) HM has felt ever since that her mother stole her money. Imagine how James Mack's other children felt. I am surprised none of them have stepped up to ask custody for Stella, the new moola bundle. Wouldn't that be the ultimate way to get revenge on SWM and HM?

Don't know any of these people, so I am not speaking of their individual character, just mentioning it because of the soap opera this who thing has become.

 

[whatthewhaat]

I'm actually surpized we haven't hear from any of James Mack's other children:
http://articles.chicagotribune.com/2006-08-16/news/0608160239_1_mr-mack-classical-music-jazz

"He had two previous marriages that ended in divorce.

Mr. Mack also is survived by a son, James Jr.; four more daughters, Deborah, Donna, Kathy and Elaine; and two grandchildren."

James Mack's will stated that his will would provide only for Heather, none of his other children. Then, after he died, a judge awarded the $500K that was for HM to SWM. (It's in our notes here.) HM has felt ever since that her mother stole her money. Imagine how James Mack's other children felt. I am surprised none of them have stepped up to ask custody for Stella, the new moola bundle. Wouldn't that be the ultimate way to get revenge on SWM and HM?

Don't know any of these people, so I am not speaking of their individual character, just mentioning it because of the soap opera this who thing has become.

In one of the 80 something police reports was mention of SVWM being upset about JM seeing his son? Or something? Don't remember what exactly, but it was concerning JM's older kids, and it was serious enough to prompt a 911 call. That combined with JM writing them out of his will makes me think they wiped their hands of SVWM & HM a long time ago, possibly before JM died. I'm sure they knew what a bratty devil their little sister was too. I think they just dont want to get involved, no matter how much money is a stake.

 

[whatthewhaat]

They're probably denying they have any relation to HM when people ask lmbo....
"Last name Mack? Are you related to heather mack"
"..Who? Never heard of her. Anyways.."

 

[Kamille]

In one of the 80 something police reports was mention of SVWM being upset about JM seeing his son? Or something? Don't remember what exactly, but it was concerning JM's older kids, and it was serious enough to prompt a 911 call. That combined with JM writing them out of his will makes me think they wiped their hands of SVWM & HM a long time ago, possibly before JM died. I'm sure they knew what a bratty devil their little sister was too. I think they just dont want to get involved, no matter how much money is a stake.

JM has a number of adult children with wife #1 and/or #2. 1 son and 4 daughters. I have no doubt that none of them want anything to do with any of this circus.

He also has a son born out of wedlock with another woman. That son is very close in age to HM and it appears that JM may have been seeing his mother and SWM at the same time. That was the child that prompted the 911 call. I believe the particulars regarding his financial commitment to that child were hammered out in court and a settlement was reached. Since that child would have no claim to the fund, it appears that this family has also wisely opted to stay out of the press.

MOO

 

[ajaylee]

Wasn't the GoFundMe campaign stopped because they don't allow campaigns to fund criminal cases? (This happened with another case that I've been following.)

Yes. KW set it up for $100K. She had gotten a bit over $10K when it was reported and closed.

 

[LinasK]

Stella deserved to know BOTH her grandmothers.

Thanks to KW's son and KW's nephew (as well as HM), Stella will never know her maternal grandmother.

That's why I'd like to see the Von Wiese family get custody of her instead, as they are the victims. I don't completely trust Tommy's mother.

 

[BorderSam]

That's why I'd like to see the Von Wiese family get custody of her instead, as they are the victims. I don't completely trust Tommy's mother.

First time posting after many years of lurking! I found this site when Heather Mack was first arrested for the murder of her mother; what a tragic and crazy story.

I have found you all such an interesting and thought-provoking bunch and am really happy to see Orange Tabby back

Linas; the Wiese family hasn't shown any interest in caring for Stella. I don't see that happening; not one bit of inclination has been demonstrated that they'd want to take Stella and who could blame them? The looming sceptre of HM being forever part of their lives then.

I too think it'd be best for Stella to be adopted by a family with no ties to HM or TS but we know that's not going to happen. KW IMO would be the lesser of two bad choices given that the other is for Stella to be raised in Bali visiting her monstrous mother regularly.

Without Stella in the picture; i.e. if she goes State-side it doesn't look as if HM would get ANY funds; we know she'd be skimming from Stella's allotment if she is cared for in Bali. Hmmmmm, I'd love to be a fly on the wall of Kerobokan if Tommy ends up having cash for phones, cigarettes and food from Kia and Heather plummets to regular prisoner status without even supplementary food.

 

[Orange Tabby]

Welcome, BorderSam!

This-here cat has gotta say she likes your first post and purrs amiably in your direction. 🐈

Isn't it terrible that the only folks who have expressed interest in taking care of Stella are the ones who would shamelessly exploit her? The only people who want her are the ones who would be the worst possible.

We can hope that the guardian ad litem plays a bigger role now that Stella will soon leave Kerobokan and that Judge Cohen has the sense to start listening to him. The GAL may have ideas not yet enunciated by anyone else that could benefit Stella. We can hope, even if the chances seem mighty slim indeed.