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

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  • #1,921
Christy Gutowski reports on custody for the Chicago Tribune, and names the family court judge. Some excerpts:

A Cook County judge on Friday denied Kia Walker's emergency petition [for custody]. The judge cited procedural issues, such as whether proper legal notice had been given to the imprisoned parents and the need for a standard child welfare background check of the grandmother, that first must be met before the request could be considered. The more difficult legal hurdle, though, may be distance.

"How am I supposed to have jurisdiction over a child in Bali?" Judge Susan Kennedy Sullivan said.

... another judge in the building's chancery division who presides over a $1.56 million trust the slain woman had left for Mack also had Stella's welfare on his mind. A lawyer who Judge Neil Cohen appointed to serve on the child's behalf said Mack has made plans for Stella to stay with an Australian couple who live near the Bali prison and who long have been involved in the child's life.

Schaefer has indicated he wants his daughter to be raised by Walker in Chicago. [Kia Walker's lawyer Michael] Goldberg said Schaefer also has reached out to the U.S. consulate in Indonesia for assistance.

[Concerning a Slayer Ruling:] Stella would be next in line for the money. Lawyers have been trying to hammer out a settlement with Mack in the trust matter, but their efforts have been unsuccessful.

After court Friday, Goldberg said they'll be back before the probate judge March 14 seeking permanent guardianship on Walker's behalf.​

http://www.chicagotribune.com/news/...ack-bali-baby-hearing-met-20170303-story.html
 
  • #1,922
Chris Coffey of NBC Chicago now has a story published on the web which adds more details, including the name of the aid agency who would assist the Australian couple who want to raise Stella. It appears the guardian ad litem is positively working toward the Aussie solution.

Some excerpts:

The plan is for an Australian couple to raise Stella in a home near the prison, according to the child’s court-appointment guardian ad litum. The arrangement, which is being finalized, has the support of Mack. It is expected that Stella will receive monthly visitation with Mack and Schaefer ...

Friday a Cook County judge denied Walker's motion for temporary guardianship. Goldberg said the judge wants Mack and Schaefer to be served papers in their respective Bali prisons.

“She's also concerned that the child isn't actually here in the United States, but we're hopeful that we can overcome that hurdle,” Goldberg said.

Meanwhile, the organization “Bali Kids” is expected to provide assistance to the Australian couple if they raise Stella.​

http://www.nbcchicago.com/news/loca...nship-of-Baby-Stella-Continues-415367313.html
 
  • #1,923
It's not surprising that there are numerous issues regarding KW's attempt at gaining guardianship. I don't really have much faith in the firm she is using. I would have thought that they would have gotten that background check first thing before taking this to family court.

I wonder if the GAL requested and received a background check on the Australian couple. Not that anything can't be bought in Indonesia so what's the point really.

This new judge seems to be having just as much trouble as Judge Cohen trying to sort out the fact that Stella is an American citizen, born to American parents on a tourist visa, not a dual citizen as Indonesia does not recognize children born in the country as automatic citizens, and therefore should not be under the jurisdiction of any Indonesian courts IMO. This whole thing really does seem to be precedent setting and it appears that US judges just do not want to deal with it or are not quite sure how to deal with it. I really wish KW had done this two years ago, knowing that this day was going to come. Stella should have been removed from that prison long ago.

Why would an organization devoted to orphaned and underprivileged children be expected to support Stella when she is living with this couple? Wouldn't the one expectation of a guardian couple be that they could provide for her?

http://balikids.org/about/

So what's this "deal" they're trying to hammer out with HM? :thinking:

MOO
 
  • #1,924
There's now a 64 second video on the Chicago Tribune website where Kia Walker's lawyer Michael Goldberg discusses Stella's custody and says (my paraphrases):

--The judge is concerned that the child isn't actually in the United States and that Walker did not serve Heather and Tommy with legal papers concerning this custody case.

--Tommy gave a letter to the US consulate saying he wants his mother to have custody and Kia Walker's lawyer has this letter.

--We are going to refile the custody case the way the judge wants us to.

--There are guardianship cases every day in Cook County where the petitioner does not have physical custody of the person for whom they request custody.

http://www.chicagotribune.com/news/media/92712555-132.html
 
  • #1,925
What a mess. Slayer still not settled. Stella is turning 2, and is being put in a position to satisfy her mother, and KW didn't have her act together to seek custody until the last minute. (Which makes me wonder about her motives). Poor Stella is being treated like a cash cow if you ask me.


Sent from my iPhone using Tapatalk
 
  • #1,926
my bold :)

It's not surprising that there are numerous issues regarding KW's attempt at gaining guardianship. I don't really have much faith in the firm she is using. I would have thought that they would have gotten that background check first thing before taking this to family court.

I wonder if the GAL requested and received a background check on the Australian couple. Not that anything can't be bought in Indonesia so what's the point really.

This new judge seems to be having just as much trouble as Judge Cohen trying to sort out the fact that Stella is an American citizen, born to American parents on a tourist visa, not a dual citizen as Indonesia does not recognize children born in the country as automatic citizens, and therefore should not be under the jurisdiction of any Indonesian courts IMO. This whole thing really does seem to be precedent setting and it appears that US judges just do not want to deal with it or are not quite sure how to deal with it. I really wish KW had done this two years ago, knowing that this day was going to come. Stella should have been removed from that prison long ago.

Why would an organization devoted to orphaned and underprivileged children be expected to support Stella when she is living with this couple? Wouldn't the one expectation of a guardian couple be that they could provide for her?

http://balikids.org/about/

So what's this "deal" they're trying to hammer out with HM? :thinking:

MOO

After reading that plans for Stella were already underway for Stella's placement 2 years ago, with help from the US Embassy official which visited HM in jail after the birth of Stella, the actions by KW to get Stella back to the States and in her care seem so late in the process that I wonder why this is happening.
Maybe its more something that TS wants to happen but he has very little control over.
Possibly more can be done to get Stella back to the States and in care there, once she has been released from jail, and from HM - maybe that's what they have been told.


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Why would an organisation devoted to orphaned and underprivileged children be expected to support Stella when she is living with this couple? Wouldn't the one expectation of a guardian couple be that they could provide for her?

I wonder this as well.
Why are they not trying to re-unite Stella with her blood relative family overseas, not take Stella and care for her in Indonesia by a volunteer family under the auspice of a charity (and sorry, I don't care how many smiling faces and glowing testaments are on ones website)

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I think the BALI KIDS charity is the ANAK ANAK Orphanage (Bali Kids)

BALI KIDS
http://www.theaustralian.com.au/nat...n/news-story/626249769b1d8fab13438a79951cf0a5

Brenton Whittaker OAM
http://www.australianoftheyear.org.au/honour-roll/?view=fullView&recipientID=616
Brenton’s roles now as director of Bali Kids, board member and project coordinator of the Australia Cambodia Foundation, and his support of many other humanitarian causes is more than a contribution, they are his life’s work and the world is all the better for them.
 
  • #1,927
This new judge seems to be having just as much trouble as Judge Cohen trying to sort out the fact that Stella is an American citizen, born to American parents on a tourist visa, not a dual citizen as Indonesia does not recognize children born in the country as automatic citizens, and therefore should not be under the jurisdiction of any Indonesian courts IMO.

SBM

Everyone is entitled to an opinion, but it seems to me that the Illinois statutes quoted by al66pine just a few notches upthread provide a prima facie case for the claim that Illinois law specifically recognizes that foreign governments have a right to make custody determinations and that Illinois law specifically recognizes such decisions. The statutes quoted don't say that foreign governments cannot do this if the child in question is a US citizen and not a citizen of the country where the child resides. Hence, al66pine concluded that a custody case in Illinois will fail.

When I questioned whether the legislation quoted had been passed, al66pine provided info reporting that 51 US jurisdictions -- including the District of Columbia and the US Virgin Islands -- have enacted the laws quoted. So it's not just Illinois which recognizes foreign countries have custody jurisdiction, but nearly every US state.

And then al66pine quoted Illinois law specifically, to support the prediction that a custody case in Illinois would fail.

(The law seems to admit of a wee bit of wiggle room, but Walker's attorney doesn't seem to be taking that route.)

Just what law do you think Judge Sullivan is ignoring?
 
  • #1,928
Many of us here have complained about how long it is taking for Sheila's trust to be settled and for a Slayer ruling to be made.

I have often made such complaints.

Is our case unusual? I've re-examined another Illinois Slayer case and found that from the day the children of a murdered man challenged challenged a will which benefited the murderer and her children until the time a final Slayer ruling was made by an appeals court was almost exactly nine years! It took about seven years for the lower court to make its ruling.

Alas, Sheila's case does not seem slower than this. Does anyone know of an Illinois Slayer case which has moved faster?

Here's a timeline of the Mueller case:

Nov 1984: Mueller and Henke married

Mar 1985: Mueller draws up will

Sep 1985: Mueller amends will

Mar 1986: Mueller murdered

May 1986: will entered into probate

Oct 1986: Mueller's natural children challenge will

July 1987: Henke and one other arrested for Mueller's murder

Dec 1989: "Henke entered into a plea of guilty for the solicitation to commit Mueller's murder, stipulating that she in fact arranged for Tellez to kill Mueller so that she could collect sixty-percent of Mueller's estate"

Jul 1993: will hearing where Mueller's children inform lower Court that Henke now out of prison

Aug 1993: lower court ruling and appeal question certified

Oct 1993: appeal accepted

Sep 1995: appeal court ruling

http://www.leagle.com/decision/19951695655NE2d1040_11631/IN RE ESTATE OF MUELLER#
 
  • #1,929
SBM

Everyone is entitled to an opinion, but it seems to me that the Illinois statutes quoted by al66pine just a few notches upthread provide a prima facie case for the claim that Illinois law specifically recognizes that foreign governments have a right to make custody determinations and that Illinois law specifically recognizes such decisions. The statutes quoted don't say that foreign governments cannot do this if the child in question is a US citizen and not a citizen of the country where the child resides. Hence, al66pine concluded that a custody case in Illinois will fail.

When I questioned whether the legislation quoted had been passed, al66pine provided info reporting that 51 US jurisdictions -- including the District of Columbia and the US Virgin Islands -- have enacted the laws quoted. So it's not just Illinois which recognizes foreign countries have custody jurisdiction, but nearly every US state.

And then al66pine quoted Illinois law specifically, to support the prediction that a custody case in Illinois would fail.

(The law seems to admit of a wee bit of wiggle room, but Walker's attorney doesn't seem to be taking that route.)

Just what law do you think Judge Sullivan is ignoring?

As you have stated, this is just my opinion but I have read nothing that implies that Indonesia has officially taken jurisdiction over Stella and/or her custody arrangements and nothing to indicate that either US court has been in contact with anyone in a legal position in Indonesia to discuss it. It appears to me that HM, the Australian couple and the Chicago based GAL have made the arrangements among themselves with the help of some charity organization and while it is possible that Stella has been granted an extended visa of some type, and everything has been done via legal channels, we haven't heard anything about that.

I'm not saying Judge Sullivan is ignoring any law. I'm just not sure that she is asking for the right information to determine what is in Stella's best interests here or that she's even asking for proof about whether the proper procedures have been adhered to in Indonesia. She's asking for a background check on KW and for the two jailed parent's to be given notice of the petition but by whom? TS doesn't even have a lawyer. I don't think anyone is to fault here, I just think this is unprecedented and they are dealing with a country that has some questionable legal practices.

Just wondering, if a foreign couple on a tourist visa were jailed for murder in the US and the female gave birth while in prison, what would happen to the child? Does anyone know?

Seems to me, once again in my opinion since we're lacking a lot of actual information, that both judges are content to let HM, a convicted accessory to murder doing 10 years in prison, call the shots as to what happens with Stella's guardianship for the next 8 years, with the approval of a US based GAL who is getting his info from some charity organization in Indonesia and trusting that the information he is receiving is accurate. TS has been trying to get Stella out of the country for some time now if we are to believe him and his mother. Not sure just when he was finally able to get in contact with the US embassy or whether he actually has and what, if anything, they are willing to get involved in. How can a GAL in Chicago vet an Australian couple in Indonesia? How is Stella staying in the country without citizenship? Has Indonesia taken jurisdiction of her custody situation and given her a visa to stay in the country? Would they deny a petition by the child's paternal grandmother to adhere to the wishes of a foreigner imprisoned in their country? And what will happen in 8 years when HM is released from prison? Will she be deported and will Stella be deported with her if KW's petition fails?

:waitasec:

MOO

ETA: These are not questions directed at you OrangeTabby, just questions I have in general about this whole arrangement.
 
  • #1,930
  • #1,931
Chicago-area grandmother's request for guardianship of toddler in Bali prison denied
http://www.chicagotribune.com/news/...ack-bali-baby-hearing-met-20170303-story.html

A lawyer who Judge Neil Cohen appointed to serve on the child's behalf said Mack has made plans for Stella to stay with an Australian couple who live near the Bali prison and who long have been involved in the child's life.

Mack, 21, wants her daughter to remain in Bali so that she may see her regularly while serving a 10-year prison sentence. But the girl's father, Schaefer, wants his mother to have guardianship, according to attorney Michael Goldberg, who represents Walker.

The grandmother has had regular contact with her imprisoned son and has visited him and the child in prison. Schaefer has indicated he wants his daughter to be raised by Walker in the U.S. Goldberg said Schaefer also has reached out to the U.S. Consulate in Indonesia for assistance.
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After court Friday, Goldberg said they'll be back before the probate judge March 14 seeking permanent guardianship on Walker's behalf.
 
  • #1,932
Wow, lots to catch up on, I see.
 
  • #1,933
Chicago-area grandmother's request for guardianship of toddler in Bali prison denied
http://www.chicagotribune.com/news/...ack-bali-baby-hearing-met-20170303-story.html

A lawyer who Judge Neil Cohen appointed to serve on the child's behalf said Mack has made plans for Stella to stay with an Australian couple who live near the Bali prison and who long have been involved in the child's life.

Mack, 21, wants her daughter to remain in Bali so that she may see her regularly while serving a 10-year prison sentence. But the girl's father, Schaefer, wants his mother to have guardianship, according to attorney Michael Goldberg, who represents Walker.

The grandmother has had regular contact with her imprisoned son and has visited him and the child in prison. Schaefer has indicated he wants his daughter to be raised by Walker in the U.S. Goldberg said Schaefer also has reached out to the U.S. Consulate in Indonesia for assistance.
-----
After court Friday, Goldberg said they'll be back before the probate judge March 14 seeking permanent guardianship on Walker's behalf.

From that article...

A lawyer who Judge Neil Cohen appointed to serve on the child's behalf said Mack has made plans for Stella to stay with an Australian couple who live near the Bali prison and who long have been involved in the child's life.

That line just floors me. The lawyer (GAL) who was appointed to serve on Stella's behalf just allowed HM to make plans for Stella? At one time he suggested getting Stella out of there ASAP. What happened? Did he just give up? How on earth is this arrangement in Stella's best interest?

MOO
 
  • #1,934
Wow, lots to catch up on, I see.

lots of reading! Lots of links.
Its got everything ...... :drama::baby::slapfight::judge:

you will need some of this :coffeews:
 
  • #1,935
From that article...

That line just floors me. The lawyer (GAL) who was appointed to serve on Stella's behalf just allowed HM to make plans for Stella? At one time he suggested getting Stella out of there ASAP. What happened? Did he just give up? How on earth is this arrangement in Stella's best interest?

MOO

My bold...
Its not in Stella's best interest - its in Heather Mack's Best interest.

and I find that although this is taking place in Bali, and due to the overseeing charity and the carers being Australian based, I would hope that the outline of the proposed care takes and the charity would, in some way, take into consideration recommendations from the ongoing (and recent) Child Abuse Australian Royal Commission inquiry which has an aspect relating to Children In Residential Care.

Bottom line - Out of family placement is the last option.
______________________________________________________________________________

Research finds that children in residential care feel unsafe
19 December, 2016
http://www.childabuseroyalcommissio...rch-finds-that-children-in-residential-care-f

Some extracts related to residential care:
In Australia, residential care is considered to be a placement of last resort for children and young people requiring out-of-home care and is used in circumstances where other types of out-of-home care are unsuccessful or unavailable.
----
Children and young people also reported that younger and more vulnerable children should ideally be kept out of residential care altogether, or alternatively placed in units with others of a similar age and background.
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Other key findings of the report include:


Children felt safest in residential care when it felt like home, for example when they were in a clean and welcoming environment, where they were able to celebrate events, and were well supervised by adults;
-----
To be safe, participants needed their residential care to offer stability and predictability.
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Many of the young people interviewed described their time in residential care as chaotic, found it difficult to feel settled and spoke of the high turnover of staff;
-----
Children were provided with a sense of safety when their residential care provided routine, fair rules and the ability to be heard during decision-making;
-----
Residential care felt most safe when adults and institutions took children and young people’s safety seriously and had proactive strategies in place to protect children from harm.
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Young people also reported that in order to feel safe in residential care, they needed workers to realise that it was their home and that it was the workers who were visiting their space, not vice-versa.
-----
End quote.
__________________________________________________

From what I see, the past 2 years of Stella's life has not been in the child's best interest.

For the past 2 years Stella has been in an environment that is not 'home'.
It has not & does not offer any of the basic recommendation that are classified as an Safe Environment such as Clean, Welcoming, Risk Free, Supervised, Stable, Predictable, & Protective, where the child has a say (or is advocated on behalf of) as to what the best and ideal situation can be for its particular needs.
The environment is crowded, chaotic, constrictive, and risk ridden.
A jail is not a home to the innocent.

I find it so offensive that residential care and placement of Stella is the optional path being considered when Stella has family (a grandmother, so far) wanting to take and care for her out of this jail environment.

If it is not KW that makes the grade to offer Stella the best environment possible - then someone else step-up.
Like it or not, this is one 'Family' crisis where adults of maturity, means, and good intent (not murderers) need to be making the decisions for a child in very bad circumstances.
And they are very bad circumstances this child is in.

If Stella is not taken back to the USA to blood family and a safe and secure environment.... In 8 years time, the 'family' may be dealing with a damaged child with an inheritance in the hands of a mother of no means and a criminal record still yet to face charges in the USA, who has been brought up in a country totally foreign to her citizenship status, where she will have to adjust once more to another family placement and readjustment to another set of circumstances - knowing that her father is still in jail in Indonesia and her life is broken and could have been fixed when she was 2 years old. If people think none of this will effect Stella - wait until she's 15 years old and realises what resentment is, and what she thinks 'family' means.

The Charity should knows better than to leave Stella in care of those other than her blood family. They know the risk of vulnerability the child may encounter for another 8 years.
The Residential carers should know better than to leave Stella in their care. They are not family and they cannot replace family.
The Governments and officials do know better than to leave Stella in care and vulnerable for another 8 years in a country where she is not a citizen, nor where she has not access to immediate family relatives. There are no blood relatives on hand if anything happens to Stella - the closest person is half a world away.
The Lawyers for HM should know better than to leave Stella in residential care and vulnerable for another 8 years but they are not fighting (and have done more to encourage family separation) for her placement with blood relatives, as far as I can see.


So instead of Stella being taken from that environment (which she should never have been placed in), to be placed in residential care with people who are not her 'family' - when there are family members willing to take Stella away from this environment - is just ludicrous.


10 days to go.
 
  • #1,936
What has been done in Stella's best interests?

HM is arrested and contacts Michael Elkin. ME brings in Vanessa Favia. ME and VF travel to Bali, likely meeting and setting up contact with people in Bali who are helping HM. Not sure if this “Australian couple” were already involved in supplying charity for HM at that time. HM has informed everyone that she is pregnant.

ME is hired by HM as her attorney while VF is hired by HM to represent her unborn child. HM has no access to large funds but likely assumes that she does so she does not contact any of her own family for assistance. ME and VF eventually learn that HM’s funds are in trust and the Chancery court battle begins.

Stella is born while HM is awaiting the outcome of her trial. HM checks into a private room at the local hospital for the birth, even though that is not standard practice for a prisoner in Kerobokan without any funds. Her attorney at the time, Ari Soenardi, claims to have paid the hospital bill and asks the fund for reimbursement. It appears that HM is going to call all the shots and do things her way over there in Bali.

Kia Walker is in Bali when Stella is born. Visits with HM in hospital and tries to get HM to let her bring Stella to the US while her legal situation is being sorted out. HM refuses.

HM is convicted of accessory to murder and sentenced to 10 years shortly after the birth of Stella. She will remain in the prison and has decided she wants Stella to stay in there with her. She is told that she can have Stella with her for up to 2 years.

Stella’s attorney, VF, apparently does not see any problem with Stella being raised in the prison for 2 years and makes no legal moves to try to have her removed from that environment and placed in foster care or with her paternal grandmother. Most likely because she has been hired by HM and that would not be in HM’s best interests. Conflict of interest?

VF sets up the transfer of one third of the trust fund from HM to Stella. VF seems to be more concerned about Stella’s financial interests than her physical and mental well being.

At some point during this, VF’s request for payment for her services from the trust fund is denied. Not sure how much she was involved in “representing” Stella after that. It appears that she is now representing HM and that ME is not. Not sure if she is getting paid from the trust now.

Even though Judge Cohen does not want to get involved in the custody arrangements for Stella in Chancery court or the fact that a US citizen is being raised in a Bali prison, he appoints a GAL, Peter Smiedel for Stella. The GAL gets reports on Stella’s health from the prison and reports them to Judge Cohen. At 7 months old he recommended that while the reports indicated that she was in good health, she should be transferred out of the prison because of the conditions she is living in. No legal moves were made to make that happen. TS starts to complain that Stella is not in good health and wants her out of the prison. He also supposedly says that he does not want the GAL reporting the prison reports to the judge. Perhaps he knows that the prison is not reporting the truth to the GAL? Perhaps he’s trying to start an inquiry as to what’s going on that never happens?

HM maintains her social media accounts and the pictures and videos being uploaded are somewhat revealing in the type of decadent lifestyle she is living behind bars, with a baby/toddler being subjected to all of it. Still no attempt by Stella’s GAL or VF to get her out of there.

Now, at 2 years old, HM, the Chicago GAL and the “Australian couple” have made arrangements for Stella to live with this unnamed Australian couple in the Kerobokan region of Bali, receiving assistance from a children’s charity, and visit the prison at least twice weekly. TS’s wishes are not represented at all in this arrangement. It appears that Indonesia’s view of all this, via her Indonesian lawyer, is that HM, as the “blood mother” should have complete say over Stella’s custody arrangements. "My client Heather Lois Mack as the blood mother of Stella, wants Stella here in Bali, so she has chance to meet Stella twice a week or more, so the relationship and psychological of Stella as well as the Mother more healthy," attorney Yulius Benyamin Seran wrote in an email late Saturday.

To our knowledge, there has been no official or legal representation from anyone in an Indonesian legal capacity to make this a legal guardianship situation in Bali. Has anyone vetted the couple to make sure that this is a safe and suitable situation for Stella? Unless HM’s Bali attorney has been taking care of this and we are just not hearing about it. What Government organization in Indonesia would take care of this? Do they even have such a thing? And we are still unaware of Stella’s current legal “status” in the country.

And likely the only person who will be forced to bear the brunt of legal and public scrutiny into her life and her intentions is Kia Walker. She is the one who will be raked over the coals, subjected to background checks as well as possible emotional and financial stress for her decision to step in and once again ask that she be permitted to raise Stella in the US. While the “Australian couple” will continue to stay anonymous.

MOO
 
  • #1,937
Rounded up nicely Kamille!

in 2015 I was starting to compile a list of people involved in an official capacity.
There is probably more and this list is not updated, but these were names involved in the beginning - some are not there, like some of the Judges at trial.
Maybe someone can add to the list of the new names in the CCCourt and others.


Heather Mack – aka Louis Heather Mack
Mack's U.S. attorney, Michael Elkin
Mack's US civil attorney Anthony Scifo
Raja Nasution, an Indonesian lawyer for Mack (sacked by Heather Mack)
Heather Mack’s Indonesian attorney, Ary Soenardi (trial) - Budiman and Company
Heather Mack / Stella - Vanessa Favia

Tommy Schaefer -
03/10/2014 - Haposan Sihombing, a lawyer who has represented Schaefer, said Friday that he could not comment because Schaefer replaced him a day earlier. He refused to give the name of Schaefer's new lawyer.
Lawyer: Ni Kadek Sri Novi Wirani (new lawyer for Scheafer?)
Schaefer’s lawyer: Edi Iswahyudi, a member of Schaefer's legal team.
Chicago attorney: Thomas Durkin


Ray Wiseman
http://au.linkedin.com/pub/dir/Ray/Wiseman
Attorneys Weblist
http://www.attorneysweblist.com/_indonesia/309/law-office-budiman-and-co
http://www.search4ppl.com/p/ZXd1ZXdud1Jk/Ray-Wiseman.html

HM – family Law?
http://www.hinshawlaw.com/attorneys.html?do_item_search=true&office=18


Bali Court:
Prosecutor Eddy Arta Wijaya
presiding judges Made Suweda

Kerobokan:
Kerobokan prison warden, Sudjonggo

Hospitals:
Bali's Sanglah Hospital, the main medical centre in Denpasar, where tourists and other foreigners are usually treated.

Police:
Capt. Nengah Sadiarta, police detective chief for Denpasar, Bali's capital
Deputy police chief Brig. Gen. Gusti Ngurah Raharja Subyakta.

Forensics:
Head of Forensics Ida Bagus Putu Alit

US:
U.S. State Department spokeswoman Marie Harf
Cook County judge Neil Cohen
 
  • #1,938
What has been done in Stella's best interests?

HM is arrested and contacts Michael Elkin. ME brings in Vanessa Favia. ME and VF travel to Bali, likely meeting and setting up contact with people in Bali who are helping HM. Not sure if this “Australian couple” were already involved in supplying charity for HM at that time. HM has informed everyone that she is pregnant.

ME is hired by HM as her attorney while VF is hired by HM to represent her unborn child. HM has no access to large funds but likely assumes that she does so she does not contact any of her own family for assistance. ME and VF eventually learn that HM’s funds are in trust and the Chancery court battle begins.

Stella is born while HM is awaiting the outcome of her trial. HM checks into a private room at the local hospital for the birth, even though that is not standard practice for a prisoner in Kerobokan without any funds. Her attorney at the time, Ari Soenardi, claims to have paid the hospital bill and asks the fund for reimbursement. It appears that HM is going to call all the shots and do things her way over there in Bali.

Kia Walker is in Bali when Stella is born. Visits with HM in hospital and tries to get HM to let her bring Stella to the US while her legal situation is being sorted out. HM refuses.

HM is convicted of accessory to murder and sentenced to 10 years shortly after the birth of Stella. She will remain in the prison and has decided she wants Stella to stay in there with her. She is told that she can have Stella with her for up to 2 years.

Stella’s attorney, VF, apparently does not see any problem with Stella being raised in the prison for 2 years and makes no legal moves to try to have her removed from that environment and placed in foster care or with her paternal grandmother. Most likely because she has been hired by HM and that would not be in HM’s best interests. Conflict of interest?

VF sets up the transfer of one third of the trust fund from HM to Stella. VF seems to be more concerned about Stella’s financial interests than her physical and mental well being.

At some point during this, VF’s request for payment for her services from the trust fund is denied. Not sure how much she was involved in “representing” Stella after that. It appears that she is now representing HM and that ME is not. Not sure if she is getting paid from the trust now.

Even though Judge Cohen does not want to get involved in the custody arrangements for Stella in Chancery court or the fact that a US citizen is being raised in a Bali prison, he appoints a GAL, Peter Smiedel for Stella. The GAL gets reports on Stella’s health from the prison and reports them to Judge Cohen. At 7 months old he recommended that while the reports indicated that she was in good health, she should be transferred out of the prison because of the conditions she is living in. No legal moves were made to make that happen. TS starts to complain that Stella is not in good health and wants her out of the prison. He also supposedly says that he does not want the GAL reporting the prison reports to the judge. Perhaps he knows that the prison is not reporting the truth to the GAL? Perhaps he’s trying to start an inquiry as to what’s going on that never happens?

HM maintains her social media accounts and the pictures and videos being uploaded are somewhat revealing in the type of decadent lifestyle she is living behind bars, with a baby/toddler being subjected to all of it. Still no attempt by Stella’s GAL or VF to get her out of there.

Now, at 2 years old, HM, the Chicago GAL and the “Australian couple” have made arrangements for Stella to live with this unnamed Australian couple in the Kerobokan region of Bali, receiving assistance from a children’s charity, and visit the prison at least twice weekly. TS’s wishes are not represented at all in this arrangement. It appears that Indonesia’s view of all this, via her Indonesian lawyer, is that HM, as the “blood mother” should have complete say over Stella’s custody arrangements. "My client Heather Lois Mack as the blood mother of Stella, wants Stella here in Bali, so she has chance to meet Stella twice a week or more, so the relationship and psychological of Stella as well as the Mother more healthy," attorney Yulius Benyamin Seran wrote in an email late Saturday.

To our knowledge, there has been no official or legal representation from anyone in an Indonesian legal capacity to make this a legal guardianship situation in Bali. Has anyone vetted the couple to make sure that this is a safe and suitable situation for Stella? Unless HM’s Bali attorney has been taking care of this and we are just not hearing about it. What Government organization in Indonesia would take care of this? Do they even have such a thing? And we are still unaware of Stella’s current legal “status” in the country.

And likely the only person who will be forced to bear the brunt of legal and public scrutiny into her life and her intentions is Kia Walker. She is the one who will be raked over the coals, subjected to background checks as well as possible emotional and financial stress for her decision to step in and once again ask that she be permitted to raise Stella in the US. While the “Australian couple” will continue to stay anonymous.

MOO

Could not have written this better, Kamille. I can't believe the way HM's needs are met over and over again at the expense of this innocent baby Stella.


Sent from my iPhone using Tapatalk
 
  • #1,939
Hi all - Been following this case from the very beginning and I usually just :lurk: on this thread, but had a question...

Orange Tabby said:
The plan is for an Australian couple to raise Stella in a home near the prison, according to the child’s court-appointment guardian ad litum. The arrangement, which is being finalized, has the support of Mack. It is expected that Stella will receive monthly visitation with Mack and Schaefer ...

I was going to ask about this guardian ad litem - IF and when Mack is out of prison, can she have her child back? But then I looked it up myself! :D

Guardians ad litem are persons appointed by the court to represent “the best interests of the child” in court proceedings. In family court, guardians are appointed in contested custody and visitation cases, name changes, adoptions, DSS abuse and neglect cases, and termination of parental rights cases.

So the bold ^^ they (Mack & Schaefer) "have" terminted their parental rights?? :confused:

Is Stella going into Residential Care or going to "live" with this Australian couple in a
"home"? I'm confused...

TIA! :wave:
 
  • #1,940
Welcome to the thread Niner - nice avatar :lol:
:wagon:

As far as what is known, from the media reports, arrangements include Stella being cared for on the island by an Australian couple.
This was being reported prior to her trial and sentencing - and now closer to the date.
Ive never read that HM or TS have terminated their parental rights.


10th June 2015
Chicago Tribune
http://www.chicagotribune.com/news/...i-heather-mack-stella-met-20150610-story.html
An Australian couple who live on the island and regularly help Mack with baby supplies and food are the likely caregivers.
But there are other good Samaritans in Bali who also have come to her aid, Elkin said
.


It was also reported that 3 months after Stella's birth, Mack was in negotiations to hand Stella over in 4 months time to the Australian couple - this was supposedly going to be done when Stella was about 7 months old -


10th June 2015
Daily Mail UK
http://www.dailymail.co.uk/news/art...ten-year-sentence-sadistic-murder-mother.html
The young American woman serving 10 years in a Bali jail for the ‘sadistic’ murder of her mother is set to hand over her baby daughter to a family living on the holiday island,
it can be revealed today.

Heather Mack, 20, is understood to in negotiations to place three-month-old baby Stella, who was born in a prison hospital last March, into the care of an
Australian family living in Bali.

Daily Mail Online has been told that the little girl, who is currently living with her convicted mother in a cell in the notorious Kerobokan Prison with eight other women,
could be handed over to the family in four months’ time.

-----
It is believed the family has agreed to care for the child until Mack is released from prison, which at the most will be in 10 years - although she could win early release
for good behaviour and time already served following her arrest last August.

A source close to Mack said 'nothing was set in stone' but confirmed that negotiations were on-going.
-----
But secret talks were instead being held to arrange for Stella to be cared for over the coming years by the unidentified Australian family residing in Bali.
To help Mack care for the child over the next four months, she has been moved from a cell that she shared with nine other women to a more comfortable cell
containing a Thai, a Filipina and six Indonesian women.

-----
But, when the baby has been handed over to the local family, it will not be the last time Mack sees her.
A prison source said today that the family will ‘without doubt’ be bringing Stella to the prison frequently as a ‘visitor’, when her mother will be able to hold her.
’Heather is obviously hoping that she will be allowed to join her baby on the outside in less than 10 years,’ said a source close to the prison. ‘She accepts that the current arrangement is the best option for the baby at present.
‘She knows the family well already and is happy that Stella will be spending her early years with them.’
-----


Heather Mack reportedly made a statement to the press regarding Stella's placement about what she wanted to happen with Stella, and why ...


11th June 2015
ABC Chicago
HEATHER MACK MAY GIVE DAUGHTER TO FAMILY IN BALI, ATTORNEY SAYS
http://abc7chicago.com/news/report-heather-mack-to-give-daughter-to-family-in-bali/775619/
Mack told WMAQ-TV in a statement that she would never leave her daughter.
"Transition will take time, which I will need to start early, and if the decision to allow her to be taken care of by a good-hearted and respected family, here in Indonesia,
she will have the best of both worlds by her seeing my love and consistent presence in her life while getting what she needs close to where I am," Mack said.





moving onto the present - nothing much has changed...

13th February 2017
Chicago Tribune
Attorney: Heather Mack wants to keep her baby in Bali
http://www.chicagotribune.com/news/...her-mack-guardianship-met-20170210-story.html
"My client Heather Lois Mack as the blood mother of Stella, wants Stella here in Bali, so she has chance to meet Stella twice a week or more, so the relationship and
psychological of Stella as well as the Mother more healthy," attorney Yulius Benyamin Seran wrote in an email late Saturday.

Seran went on to say the important thing is that Stella "has her right as a child to grow up in healthy environment, not in the prison. We will transfer Stella out soon."
Another one of Mack's lawyers previously has discussed the possibility of a local couple raising Stella until Mack is released from prison.
 
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