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

[Kamille]

I was just looking over the docket to see if anything gave us any clues. I noticed something. Favia and Elkin have not been mentioned since Feb 2016. On this Feb 9, some activity is posted about motions by Goldberg Law Group LLC for HM. I looked them up and did not see either Favia or Elkins name mentioned as attorneys. I wonder if they were done long ago since they figured out they will probably never be paid?
https://w3.courtlink.lexisnexis.com...v=&caseno=&PLtype=1&sname=mack+heather&CDate=

BTW-the court date is this Friday. Monday is Presidents Day, so I don't expect to see an update here until next Tuesday at the earliest....unless something happens this week.

I see Favia's name as late as Dec 2016? :waitasec:

 

[Kamille]

"In re RLS, is an Illinois Supreme Court case that sets the standard for grandparents and to get guardianship. A grandparent will be able to get guardianship if they can show that the parent is unable or unwilling to care for the child. There is no clear definition to show unwilling or unable, but some courts have awarded guardianship where the parent has a drug abuse problem, mental health issue, history of child abuse or is unable to feed, clothe or shelter the child."

From the Goldberg Law Group blog:

https://goldberglawofficeblog.co/category/family-law/

Well let's just hope that the grandparent doesn't have a history of any of those things.

MOO

 

[Orange Tabby]

Well let's just hope that the grandparent doesn't have a history of any of those things.

MOO

Indeed. I've just seen Kia Walker's face on the local news. I'll let you know if she sounds kooky.

 

[Orange Tabby]

Kia Walker was just on the local news here in Chicago (ABC7). Some notes:

--The Goldberg Law Group *is* in fact representing Walker. Mike Goldberg attended the interview with Kia. (So all those motions, etc. listed on the docket last Thursday would be on Kia's behalf.)

--Walker hasn't seen Stella since she visited Bali for the birth. Oddly enough, Kia and Stella have the same birthday: March 17.

--She says she wants to be a part of Stella's life and believes the child would be better off in the US. She would get better education and therapy (yes, she said that) here. Also, Stella would be able to know more of her family if she lived in the US. Tommy agrees with her.

--Goldberg says she has petitioned for guardianship. [I expect if this goes anywhere we'll learn the salient differences between custody, guardianship and adoption.]

--Goldberg said "I think" the Indonesian authorities will accept an American ruling on this matter. [I suspect at this point he really has no idea.]

--Kia said the murder trial was dramatic for her but said, "Today I am more sound." [Not entirely encouraging if you are in her corner.]

Kia was soft spoken and seemed to be very careful about what she said, over-enunciated some of her letter T's, and was calm and well presented.

The report said that the guardianship petition would be heard this week in court, but I'm sure someone on Heather's behalf will fight tooth and nail to push that back as far as possible.

 

[ajaylee]

Ideally, I'd like to see Stella adopted to some unknown (to the public, including us) family. Name change, and there will be no need for therapy, she won't know her history until she's an adult. That's not likely to happen, unfortunately.

I would also like to see Stella's inheritance put in trust until she's 25 with William Wiese as the trustee. No money paid until she's 25. Anyone wanting to take custody of her will demonstrate the financial ability to do so without using money from the trust.

Otherwise, I don't believe for one second that TS won't ultimately benefit from Stella's money. If KW's living off Stella's money, that frees up her own resources to send to TS.

If the head of Kerobokan thinks HM is a bit rowdy now, wait until he tries to remove Stella.

 

[Orange Tabby]

I don't believe for one second that TS won't ultimately benefit from Stella's money. If KW's living off Stella's money, that frees up her own resources to send to TS.

If the head of Kerobokan thinks HM is a bit rowdy now, wait until he tries to remove Stella.

SBM

I agree.

Problem: how would such an adoption happen? I don't think an American judge can, out of nowhere, order the child to be put up for adoption. So who, with standing, is even going to argue for such a thing?

 

[ajaylee]

SBM

I agree.

Problem: how would such an adoption happen? I don't think an American judge can, out of nowhere, order the child to be put up for adoption. So who, with standing, is even going to argue for such a thing?

I think SWM's brother and sister could probably challenge the suitability of the placement. Whether or not they have the emotional stomach for it or the likelihood of success, I don't know.

In the absence of suitable candidates, a judge would order the child placed in foster care.

I think where this might get interesting legally is figuring out what will happen if HM gets back to the US in 6 years and wants custody of Stella back. The courts might hesitate to completely terminate her parental rights. It seems to me that if the court does terminate HM's parental rights, TS's should also be terminated. TS might not care, since he's not scheduled to be released until Stella is an adult (barely).

 

[ajaylee]

SBM

I agree.

Problem: how would such an adoption happen? I don't think an American judge can, out of nowhere, order the child to be put up for adoption. So who, with standing, is even going to argue for such a thing?

I think SWM's brother and sister could probably challenge the suitability of the placement. Whether or not they have the emotional stomach for it or the likelihood of success, I don't know.

In the absence of suitable candidates, a judge would order the child placed in foster care.

I think where this might get interesting legally is figuring out what will happen if HM gets back to the US in 6 years and wants custody of Stella back. The courts might hesitate to completely terminate her parental rights. It seems to me that if the court does terminate HM's parental rights, TS's should also be terminated. TS might not care, since he's not scheduled to be released until Stella is an adult (barely).

Another objection: KW points out that Stella's family (on her father's side) is in the US. Umm....that 'family' includes TS's AWOL dad and RB, TS's cousin (I think his mother is Kia's sister).

 

[Kamille]

--Goldberg said "I think" the Indonesian authorities will accept an American ruling on this matter. [I suspect at this point he really has no idea.]

This is where they lose me every time. Stella is an American citizen because Indonesia does not allow for a person born there to be granted automatic citizenship if the parents are not Indonesian citizens. At the time of her birth, Stella was an undocumented foreigner in the country. The child of a pair of accused murderers on an expired tourist visa. And shortly after, the child of a pair of convicted murderers. Did no one in any official/legal capacity even suggest that Stella be returned to the US after her birth? Why did the Indonesian authorities have any say in where she was placed and have the authority to give her mother the right to decide to keep her in a prison for two years?

Anyway, so with that in mind, why would the Indonesian authorities have to accept anything with regards to a ruling in an American court regarding an American citizen who is not there on a Visa and is not being detained herself due to a criminal act. IMO, Stella should have been turned over to the American authorities/embassy and deported as soon as she was born. Her parent's visas were long expired and while they were being held in the country due to legal proceedings, there was no reason for Stella to also be held. And the US authorities should have demanded her return and forced their own embassy in the country to make it happen. By not doing that, they have contributed to this poor child just becoming a million dollar pawn.

Obviously this was a first for both countries but the way it was handled, and continues to be handled, is absurd. Why on earth didn't KW apply for guardianship two years ago when she was there at the time of the birth? She tried then to just get HM to hand Stella over. How was that supposed to work? Did she think she could have just gotten on a plane with an undocumented baby and flown home because HM told her it was okay to take her home? Is that all it would have taken for Stella to have been returned to the US, her psycho mother's say so? Would the authorities have allowed that? Does Stella even have an American birth certificate? Passport? Has either document even been applied for? I have to assume that Ms Favia at least was on top of that?

MOO

 

[FigTree]

SBM

--Goldberg said "I think" the Indonesian authorities will accept an American ruling on this matter. [I suspect at this point he really has no idea.]
I agree.

Problem: how would such an adoption happen? I don't think an American judge can, out of nowhere, order the child to be put up for adoption. So who, with standing, is even going to argue for such a thing?

This is where they lose me every time. Stella is an American citizen because Indonesia does not allow for a person born there to be granted automatic citizenship if the parents are not Indonesian citizens. At the time of her birth, Stella was an undocumented foreigner in the country. The child of a pair of accused murderers on an expired tourist visa. And shortly after, the child of a pair of convicted murderers. Did no one in any official/legal capacity even suggest that Stella be returned to the US after her birth? Why did the Indonesian authorities have any say in where she was placed and have the authority to give her mother the right to decide to keep her in a prison for two years?

Anyway, so with that in mind, why would the Indonesian authorities have to accept anything with regards to a ruling in an American court regarding an American citizen who is not there on a Visa and is not being detained herself due to a criminal act. IMO, Stella should have been turned over to the American authorities/embassy and deported as soon as she was born. Her parent's visas were long expired and while they were being held in the country due to legal proceedings, there was no reason for Stella to also be held. And the US authorities should have demanded her return and forced their own embassy in the country to make it happen. By not doing that, they have contributed to this poor child just becoming a million dollar pawn.

Obviously this was a first for both countries but the way it was handled, and continues to be handled, is absurd. Why on earth didn't KW apply for guardianship two years ago when she was there at the time of the birth? She tried then to just get HM to hand Stella over. How was that supposed to work? Did she think she could have just gotten on a plane with an undocumented baby and flown home because HM told her it was okay to take her home? Is that all it would have taken for Stella to have been returned to the US, her psycho mother's say so? Would the authorities have allowed that? Does Stella even have an American birth certificate? Passport? Has either document even been applied for? I have to assume that Ms Favia at least was on top of that?

MOO

Im not sure that that can happen either ...
Though we know that lines are blurred with the systems.

so,
Who has the final say on the placement of Stella?
...and as far as I can work out, if Stella's birth was registered in Indonesia - she is Indonesian citizen by territorial birth
- which, I assume, gives Stella the rights of the law under Indonesian citizenship, regardless if her biological parents are not registered citizens or not registered as married.
Would it not be the Indonesian Law that governs what happens to Stella in this case?
I also assume some of this would be dependant on if Stella's birth was registered in Indonesia - which I assume it would have had to have been because she would not be entitled to the civil benefits available under Indonesian Law - such as health care, schooling, and her time staying in jail with her mother facepalm.

Depending on how much 'say' the parents have in Stella's welfare and placement after she is taken from the jail, Stella shares Indonesian civil rights (which attaches her with both her U.S parents) - not just her mother, so I assume TS also has a say in the child's future welfare. Prior to 2014, the child shared civil rights only with the mother.


Though I guess the complication is that she has 2 U.S parents and was born in Indonesia making her an Indonesian citizen with U.S connections (possibly dual citizenship)


...and then again, I may have this totally skewed as sometimes the laws are not all that clear to interpretation.

 

[Kamille]

Ideally, I'd like to see Stella adopted to some unknown (to the public, including us) family. Name change, and there will be no need for therapy, she won't know her history until she's an adult. That's not likely to happen, unfortunately.

I would also like to see Stella's inheritance put in trust until she's 25 with William Wiese as the trustee. No money paid until she's 25. Anyone wanting to take custody of her will demonstrate the financial ability to do so without using money from the trust.

Otherwise, I don't believe for one second that TS won't ultimately benefit from Stella's money. If KW's living off Stella's money, that frees up her own resources to send to TS.

If the head of Kerobokan thinks HM is a bit rowdy now, wait until he tries to remove Stella.

Totally agree with all of this. ^^

 

[Orange Tabby]

Hi Fig Tree,

Stella is not an Indonesian citizen. She is American.

Some years ago South Aussie (does she ever visit here these days?) looked up the matter of citizenship in Indonesia. Being born there of foreign parents, she found, does not confer citizenship.

The most recent Chicago Tribune article says roughly the same thing:

"Although Stella was born in Indonesia, the court documents say she is a U.S. citizen through acquisition because both her parents were U.S. citizens and resided here prior to traveling abroad on a tourist visa. Indonesian law says a child born there to non-Indonesian parents would not automatically be considered an Indonesian citizen, according to the court documents."

http://www.chicagotribune.com/news/...her-mack-guardianship-met-20170210-story.html

I believe any medical care and the like Stella receives in Indonesia is a result of Heather's incarceration. Women in prison are accorded medical care and their babies are as well, but not because either mother or child are citizens.

 

[Kamille]

Looks like Sheila's sister, DC, has given an interview to Crime Watch Daily which will air tomorrow. I'll be out and will miss it but it will probably be up on the website shortly after it airs. This information comes from the following article in the Daily Mail...

Heather Mack's aunt claims she is 'on drugs and is crazy' after she confessed to her mother's Bali suitcase murder in an online video as an act of revenge

Von Wiese-Mack's sister Debbi Curran has since slammed the claims as a 'vicious lie' in an interview with Crime Watch Daily scheduled to air on Tuesday.

'My sister loved her husband Jim and she would never have done anything to hurt him. It's just a vicious, cruel, mean, cold-blooded lie,' Curran said.

'She's really crazy and I don't know if she's on something. It seems like she's able to get whatever she wants in prison, I'm sure she's getting drugs.

'She looked really like she was definitely on something when she was giving this confession.'

[...]

A long-time friend of Mack's mother, Elliot Jacobson, told the program he believes the convicted killer is 'unhinged'.

'I think she's off center… She might have done this videotape in order to get back in the spotlight and get some more media attention,' he said.

'You know she's kind of a person who's a student of alternative facts. I think she's just a mistake in nature.'

http://www.dailymail.co.uk/news/article-4221486/Heather-Mack-s-aunt-claims-drugs-Bali-prison.html

Just want to post the Crime Watch Daily website in case HM is reading and wants to watch the interview from her prison cell : https://crimewatchdaily.com/

 

[Kamille]

Kia Walker's interview...

http://abc7chicago.com/news/tommy-s...uardianship-of-heather-macks-toddler/1752663/

 

[Kamille]

Hi Fig Tree,

Stella is not an Indonesian citizen. She is American.

Some years ago South Aussie (does she ever visit here these days?) looked up the matter of citizenship in Indonesia. Being born there of foreign parents, she found, does not confer citizenship.

The most recent Chicago Tribune article says roughly the same thing:

"Although Stella was born in Indonesia, the court documents say she is a U.S. citizen through acquisition because both her parents were U.S. citizens and resided here prior to traveling abroad on a tourist visa. Indonesian law says a child born there to non-Indonesian parents would not automatically be considered an Indonesian citizen, according to the court documents."

http://www.chicagotribune.com/news/...her-mack-guardianship-met-20170210-story.html

I believe any medical care and the like Stella receives in Indonesia is a result of Heather's incarceration. Women in prison are accorded medical care and their babies are as well, but not because either mother or child are citizens.

BBM

I believe HM paid for a private hospital room when she gave birth to Stella and has also paid for Stella's finger surgery from funds advanced to her from the fund. I also believe that, at least for a while, when HM was telling everyone who would listen in Indonesia that she is a millionaire heiress, that she was expected to pay for her own medical care. I believe it was her attorney Ari Soenardi who claimed to have paid the hospital bill after Stella's birth and requested re-imbursement from the fund.

MOO

 

[Orange Tabby]

BBM

I believe HM paid for a private hospital room when she gave birth to Stella and has also paid for Stella's finger surgery from funds advanced to her from the fund. I also believe that, at least for a while, when HM was telling everyone who would listen in Indonesia that she is a millionaire heiress, that she was expected to pay for her own medical care. I believe it was her attorney Ari Soenardi who claimed to have paid the hospital bill after Stella's birth and requested re-imbursement from the fund.

MOO

Thanks for correcting me, Kamille. I didn't know these things. Interesting indeed.

 

[Kamille]

Thanks for correcting me, Kamille. I didn't know these things. Interesting indeed.

Yeah, then he asked for another $200,000 in "legal fees" from the fund for her appeal and was denied. Haven't seen hide nor hair of him since. And both HM and TS's appeals were subsequently denied.

MOO

 

[Orange Tabby]

Yeah, then he asked for another $200,000 in "legal fees" from the fund for her appeal and was denied. Haven't seen hide nor hair of him since. And both HM and TS's appeals were subsequently denied.

MOO

I remember him asking for the appeal money. After that was nixed, obviously his best course of action was to ...

... move on to the next source of easy money.

How we don't miss him!

So where is the money for these latest Bali lawyers coming from? I don't understand how she hasn't run her cash dry.

 

[Kamille]

I remember him asking for the appeal money. After that was nixed, obviously his best course of action was to ...

... move on to the next source of easy money.

How we don't miss him!

So where is the money for these latest Bali lawyers coming from? I don't understand how she hasn't run her cash dry.

That was my question too. How is she able to just continually have access to cash? How much are they sending her monthly for "Stella's care and upkeep"? Who is handling this money? Is that GAL or whatever we want to call him still involved via the US embassy? Is the embassy still getting the funds and making them available to HM? And has this "local couple" been promised that they will get the money if they keep Stella and bring her to the prison every day to visit her mother while they are bringing HM her daily supplies?

No wonder she needs Stella to stay over there for her "psychological health". How is she going to get her daily cigarettes, beer and junk food if her meal ticket is taken back to the US?

MOO

 

[Orange Tabby]

That was my question too. How is she able to just continually have access to cash? How much are they sending her monthly for "Stella's care and upkeep"? Who is handling this money? Is that GAL or whatever we want to call him still involved via the US embassy? Is the embassy still getting the funds and making them available to HM?

SBM

Are you saying Stella has a guardian ad litem at the US Embassy? I did not know that. How long has this person been assigned? Do we know his/her name?