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

[Orange Tabby]

Quick little correction: the second quote in FigTree's post above (#1800) is by ajaylee.

 

[FigTree]

Quick little correction: the second quote in FigTree's post above (#1800) is by ajaylee.

whoops!! Thanks for the headsup Orange Tabby
Sorry ajaylee hdear:- saw this and it was too late to edit

 

[Orange Tabby]

What we learned today:

1. Heather's Fifth Amendment caper is related to the on-going Slayer Statute proceedings.

2. Judge Cohen has not yet made a ruling against Heather concerning the Slayer Statute.

3. He won't consider any custody issues and Kia Walker and her attorney say they will pursue guardianship in another court.

4. Favia remains a player of some kind, saying Heather wants Stella to remain in Bali with a family living there.

Here's what is interesting to me: it is coming onto two years since Heather was found guilty and sentenced to ten years. After nearly 22 months, it seems that there is something about the Indonesian conviction that won't allow Judge Cohen to make a Slayer Statute finding against Heather.

I wonder what the problem is. Did Heather's lawyers convince Cohen that the guilty verdict in Indonesia fell short of triggering a Slayer ruling? (Mr. Ary claimed it amounted to accomplice after the fact.) Or was the foreign verdict deemed a problem for other reasons, for example it was open to multiple interpretations? Or something else?

In any event, the only reason to conduct civil proceedings in Cohen's court is that, for whatever reason, the Indonesian verdict is insufficient.

The good news is that I have no doubt, absolutely no doubt whatsoever, that Heather will lose in the civil Slayer hearing.

It could take a long time. As long as Cohen rules no disbursements can be made until after a ruling, then that is good news too.

And we can hope that after Heather loses the Slayer ruling that William Wiese proceeds to sue Heather for the money already disbursed on her behalf. He is unlikely to collect, but it would mean that if Heather was ever found to have money, Wiese could go after it.

I'm disappointed that I was not able to attend today's court session.

 

[SouthAussie]

Strictly speaking, it doesn't seem appropriate for him to be involved. This is Chancery Court, not some kind of Family Court. He in effect told KW as much when she tried to introduce the issue of HM allegedly trying to sell Stella.

Good news is that we appear to finally have an update on the status of the 'Slayer Statute'. It looks like it has even been settled yet. I wonder if HM will delay it further by asking for a review of her dad's death records. Remember when she was demanding a full audit of her mother and father's affairs to find out where SWM had allegedly hidden $10 million dollars?

It seems to me that HM benefits by playing for time. If 3/17 comes and KW hasn't got a court order, presumably Kerobokan will remove Stella. Based on what's happened for the last two years, it appears that they will defer to HM's wishes. I think at that point, it might start getting more difficult for KW to get custody. If Stella is in a safe, decent, caring environment and is able to visit both parents regularly, that might Trump a grandmother's claim. The Wiese's have always made it clear that they will see to it that Stella is adequately cared for, so they could let Wiese continue as trustee for Stella.

Lord only knows what that will mean 8 years from now.

I am wondering if the future carer of Stella could be the Aussie woman who seems to live in Bali, and appears to be remaining in the picture and visiting her in prison.

 

[Orange Tabby]

SouthAussie is back! :loveyou:

 

[FigTree]

What we learned today:

1. Heather's Fifth Amendment caper is related to the on-going Slayer Statute proceedings.

2. Judge Cohen has not yet made a ruling against Heather concerning the Slayer Statute.

3. He won't consider any custody issues and Kia Walker and her attorney say they will pursue guardianship in another court.

4. Favia remains a player of some kind, saying Heather wants Stella to remain in Bali with a family living there.

Here's what is interesting to me: it is coming onto two years since Heather was found guilty and sentenced to ten years. After nearly 22 months, it seems that there is something about the Indonesian conviction that won't allow Judge Cohen to make a Slayer Statute finding against Heather.

I wonder what the problem is. Did Heather's lawyers convince Cohen that the guilty verdict in Indonesia fell short of triggering a Slayer ruling? (Mr. Ary claimed it amounted to accomplice after the fact.) Or was the foreign verdict deemed a problem for other reasons, for example it was open to multiple interpretations? Or something else?

In any event, the only reason to conduct civil proceedings in Cohen's court is that, for whatever reason, the Indonesian verdict is insufficient.

The good news is that I have no doubt, absolutely no doubt whatsoever, that Heather will lose in the civil Slayer hearing.

It could take a long time. As long as Cohen rules no disbursements can be made until after a ruling, then that is good news too.

And we can hope that after Heather loses the Slayer ruling that William Wiese proceeds to sue Heather for the money already disbursed on her behalf. He is unlikely to collect, but it would mean that if Heather was ever found to have money, Wiese could go after it.

I'm disappointed that I was not able to attend today's court session.

Great summary Orange Tabby.
:cheers:

 

[FigTree]

I am wondering if the future carer of Stella could be the Aussie woman who seems to live in Bali, and appears to be remaining in the picture and visiting her in prison.

Very possible SA.

 

[Orange Tabby]

I'm thinking that the reason Judge Cohen took no action when the guardian ad litem recommended that Stella be removed from Hotel K is that Cohen has always known that is out of the jurisdiction of his court.

 

[FigTree]

Remind me - did either of them appeal the case at all after the sentence?
Im thinking they didn't? I am correct?

 

[SouthAussie]

SouthAussie is back! :loveyou:

Aww ... thank you, Orange Tabby! :loveyou:

Good to see that US charges may yet be laid against this murderous daughter somewhere down the line.
And so hoping that Stella gets out of that disgusting environment and on to the US where her life opportunities will be so hugely increased!

 

[SouthAussie]

Remind me - did either of them appeal the case at all after the sentence?
Im thinking they didn't? I am correct?

They appealed the 'severity' of their sentences, Figgy.


Heather Mack and boyfriend lose appeals against sentence for killing her mother in Bali resort
http://www.news.com.au/world/asia/h...t/news-story/490c908f494ddb6d046c716779cea323

 

[Kamille]

I'm thinking that the reason Judge Cohen took no action when the guardian ad litem recommended that Stella be removed from Hotel K is that Cohen has always known that is out of the jurisdiction of his court.

Well I'm starting to wonder just what Judge Cohen thinks IS in the jurisdiction of his court. He has the official word from Indonesia as to what HM was convicted for and has had it for a very long time. Accessory to murder. He has a statement from her well paid Indonesian attorney at the time who claims that she was actually convicted of being an accessory after the fact but because that is not an option in Indonesian law the official translation is accessory to murder. I am sure that he's not seriously going to take the word of a corrupt defense attorney. And neither should he be listening to the prosecution or the judges in the trial who are also corrupt. The conviction is accessory to murder...period. So...that should be good enough to rule on the slayer statute. But no. We also have the fact that the FBI has an ongoing investigation open with regards to what actually happened, not what the bribes in Indonesia claim happened in their corrupt court. One person in the US has plead guilty to his part in it. Still not enough apparently. Why?

We have WW who was the official trustee of the estate as per SVM's wishes until HM turns 25. He was removed from this position and I'm not sure if that was by choice. Since that time, hundreds of thousands of dollars have been sent to Indonesia for corrupt undertakings, with the warning from WW that this is what it was for. HM has been able to bribe her way out of a murder conviction, bribe prison officials for days out, buy and drink the local beer, smoke cigarettes, own and use at least two or three contraband cell phones, possibly purchase drugs and many other things that she does not need to be funded to do while she is "raising" her child in a cell full of other, mostly young women, who are partaking in the same activities.

Ms Favia is supposed to be Stella's attorney. Why is she involved in slayer statute hearings if Judge Cohen refuses to rule on guardian issues for Stella? Right now the trust fund still technically belongs to HM and WW should be the one making the decisions as to how it is to be distributed. Is that happening? Doesn't seem like it. So WW is stripped of his legal authority over the fund but HM is not?

And why are they continually discussing Stella and her needs if her guardianship is out of his jurisdiction. Why was a GAL appointed for her in Chancery Court? Why are they allowing the conflict of having a lawyer hired by her mother, a convicted felon, representing her? It is apparent that Ms Favia has never considered what is actually in Stella's best interests or she would have been returned to the US years ago and been put up for adoption. Ms Favia seems to only concern herself with what HM thinks is in Stella's best interests so that both of them can continue to milk the trust fund. Why were so many things done regarding Stella and the one thing that has not been done in two years is to make the one ruling that he is within his jurisdiction to do. Why is it taking so long?

And KW? She is going to get nowhere with her guardianship request two years too late. She should have launched this the day Stella was born or at least at the first sign of trouble between her son and HM. He started saying that he wanted his daughter out of there and in the US about a year ago. Where was KW then? It's too bad, because she might have had a chance back then when the GAL was apparently agreeing with TS.

MOO

 

[Kamille]

SouthAussie is back! :loveyou:

:happydance:

 

[FigTree]

Just placing to document link here for reference - Im sick of trying to find them


Indonesian Law of Criminal Procedure
http://defensewiki.ibj.org/images/6/62/Indonesia_Law_of_Criminal_Procedure.pdf

Penal Code of Indonesia (1999)
http://www.wipo.int/edocs/lexdocs/laws/en/id/id039en.pdf

... CHANCERY DIVISION HEATHER MACK, the beneficiary of The SHEILA VON WIESE Trust dated May 6, 2014
https://assets.documentcloud.org/documents/2073338/heather-mack-motion.txt

Bibbs / AFFIDAVIT
https://www.justice.gov/usao-ndil/file/777641/download

 

[FigTree]

Well I'm starting to wonder just what Judge Cohen thinks IS in the jurisdiction of his court. He has the official word from Indonesia as to what HM was convicted for and has had it for a very long time. Accessory to murder. He has a statement from her well paid Indonesian attorney at the time who claims that she was actually convicted of being an accessory after the fact but because that is not an option in Indonesian law the official translation is accessory to murder. I am sure that he's not seriously going to take the word of a corrupt defense attorney. And neither should he be listening to the prosecution or the judges in the trial who are also corrupt. The conviction is accessory to murder...period. So...that should be good enough to rule on the slayer statute. But no. We also have the fact that the FBI has an ongoing investigation open with regards to what actually happened, not what the bribes in Indonesia claim happened in their corrupt court. One person in the US has plead guilty to his part in it. Still not enough apparently. Why?

We have WW who was the official trustee of the estate as per SVM's wishes until HM turns 25. He was removed from this position and I'm not sure if that was by choice. Since that time, hundreds of thousands of dollars have been sent to Indonesia for corrupt undertakings, with the warning from WW that this is what it was for. HM has been able to bribe her way out of a murder conviction, bribe prison officials for days out, buy and drink the local beer, smoke cigarettes, own and use at least two or three contraband cell phones, possibly purchase drugs and many other things that she does not need to be funded to do while she is "raising" her child in a cell full of other, mostly young women, who are partaking in the same activities.

Ms Favia is supposed to be Stella's attorney. Why is she involved in slayer statute hearings if Judge Cohen refuses to rule on guardian issues for Stella? Right now the trust fund still technically belongs to HM and WW should be the one making the decisions as to how it is to be distributed. Is that happening? Doesn't seem like it. So WW is stripped of his legal authority over the fund but HM is not?

And why are they continually discussing Stella and her needs if her guardianship is out of his jurisdiction. Why was a GAL appointed for her in Chancery Court? Why are they allowing the conflict of having a lawyer hired by her mother, a convicted felon, representing her? It is apparent that Ms Favia has never considered what is actually in Stella's best interests or she would have been returned to the US years ago and been put up for adoption. Ms Favia seems to only concern herself with what HM thinks is in Stella's best interests so that both of them can continue to milk the trust fund. Why were so many things done regarding Stella and the one thing that has not been done in two years is to make the one ruling that he is within his jurisdiction to do. Why is it taking so long?

And KW? She is going to get nowhere with her guardianship request two years too late. She should have launched this the day Stella was born or at least at the first sign of trouble between her son and HM. He started saying that he wanted his daughter out of there and in the US about a year ago. Where was KW then? It's too bad, because she might have had a chance back then when the GAL was apparently agreeing with TS.

MOO

:goodpost:
Agreed. There has already been so many disruptions and non-actions.

 

[FigTree]

They appealed the 'severity' of their sentences, Figgy.

Heather Mack and boyfriend lose appeals against sentence for killing her mother in Bali resort
http://www.news.com.au/world/asia/h...t/news-story/490c908f494ddb6d046c716779cea323

Thanks SA! Welcome back!
of course - Thank-you! It was more the charges decision I was thinking of - they (Solenardi & Mack) didn't appeal the charges - which she could have - being all innocent and all that :facepalm:
She didn't appeal her 'guilty' status, nor her involvement in the crime.

and yes, Kamille - theres no distiction -

The conviction is accessory to murder...period. So...that should be good enough to rule on the slayer statute.

 

[SouthAussie]

Thanks SA! Welcome back!
of course - Thank-you! It was more the charges decision I was thinking of - they (Solenardi & Mack) didn't appeal the charges - which she could have - being all innocent and all that :facepalm:
She didn't appeal her 'guilty' status, nor her involvement in the crime.

and yes, Kamille - theres no distiction -

Thank you for the lovely warm welcome.


Note that she also tried to get money to fund/bribe an appeal to her conviction, but was unsuccessful.


A Cook County judge on Wednesday denied Heather Mack’s request to take out additional money from her trust fund to pay for an appeal to her conviction in Bali after she was found guilty of being an accessory to her mother’s murder.

"A hundred and fifty thousand dollars for a criminal defense case, I think by US standards, is fairly high," said special interim trustee attorney Jay Dahlin. "And $200,000 for an appeal defense is a very high number."

http://www.nbcchicago.com/news/loca...ccess-to-Funds-for-Bali-Appeal-302783521.html

 

[nightwatch]

I don't recall, Just how much money is left in the estate?

ciao

 

[Kamille]

Just placing to document link here for reference - Im sick of trying to find them


Indonesian Law of Criminal Procedure
http://defensewiki.ibj.org/images/6/62/Indonesia_Law_of_Criminal_Procedure.pdf

Penal Code of Indonesia (1999)
http://www.wipo.int/edocs/lexdocs/laws/en/id/id039en.pdf

... CHANCERY DIVISION HEATHER MACK, the beneficiary of The SHEILA VON WIESE Trust dated May 6, 2014
https://assets.documentcloud.org/documents/2073338/heather-mack-motion.txt

Bibbs / AFFIDAVIT
https://www.justice.gov/usao-ndil/file/777641/download

Wow...thanks for those FigTree

I don't think I've ever seen the Chancery Division one. Still reading through it.

Did anyone find the "accessory to murder" article in that Indonesian Penal Code?

ETA: Okay Soenardi claims that it is article 56 in the Penal Code that she was convicted of. Should have been article 340 IMO.

 

[Kamille]

I don't recall, Just how much money is left in the estate?

ciao

No idea. It started out at 1.56million. Not sure how much has been spent on lawyer's fees, sent to HM in Indonesia and how much has been gained or lost in investment income.

I'd say it has to still be close to the original amount. I'm sure the return on investments is higher than what they are currently sending to HM.

Maybe that's what WW should have done as soon as he heard of his sister's murder and who was responsible for it. Invested the whole thing in a bad stock.

MOO