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

[Orange Tabby]

There could be another, more simple reason that a deal is being pursued. I noted in a post up thread that a famous Illinois Slayer case took seven years for a lower court to reach a decision and two more years for the appeals court to rule.

A deal saves time.

If Heather continues to fight, she just chalks up legal bills she can't pay. The up-side of Heather's continued court battles is that her sleezy lawyers keep working for a murderer who will never be able to pay them.

 

[SouthAussie]

While I also believe that we read that it is customary for Indonesia to deport felons from their country once their sentences are up, something tells me that they will not do this with HM and may just offer her early parole if Stella stays in the country. Like they've done with Schapelle Corby. Which is another reason why it's imperative to get Stella out of there. She may end up living in Bali with the Australian couple and her murdering mother on parole in a few short years. While they all soak up the funds in the trust to "support Stella".

MOO

RSBM

Speaking of Schapelle Corby. Heard on the news tonight that she is preparing to come back to Australia. She will receive her ''Freedom Letter" on May 27th at her last parole visit.

This article about it also says (regarding her last parole visit on May 27th) ......


Immigration officials will be waiting there and she will be taken into the custody of Immigration, who will then take her to the airport for her flight home. Because she has been convicted of a crime, she must be deported.
http://www.heraldsun.com.au/news/wo...a/news-story/b395813e1d07a6c0daaf172121540987

 

[SouthAussie]

The new article about Schapelle ^^^^^ also says:

After serving two-thirds of her sentence Corby was eligible for parole but the details took months to iron out, given it is rare for foreigners in Indonesia to be granted parole.

Though I imagine Heather will be able to grease enough palms to get herself paroled, too.

 

[Orange Tabby]

While I also believe that we read that it is customary for Indonesia to deport felons from their country once their sentences are up, something tells me that they will not do this with HM and may just offer her early parole if Stella stays in the country. Like they've done with Schapelle Corby. Which is another reason why it's imperative to get Stella out of there. She may end up living in Bali with the Australian couple and her murdering mother on parole in a few short years. While they all soak up the funds in the trust to "support Stella".

SBM

1. Schapelle Corby hardly seems on point as I understand she wants to return to Australia. She is being compelled to complete her parole in Bali.

2. I believe both Schapelle and Heather will be deported. The former when her parole is up and The latter when her term is up.

3. Lack of extradition treaties notwithstanding, the US can exert all kinds of pressure on governments to assist with getting murderers back on US soil. I have no doubt Heather will be back in the US when her prison term has expired. It's not like she's a Bali hero or anything.

 

[Orange Tabby]

Ah, so the always well-informed SouthAussie gets there before me.

I'm glad Schapelle finally gets to return home.

Heather will return home as well, in 2025 or thereabouts. In handcuffs.

 

[SouthAussie]

Ah, so the always well-informed SouthAussie gets there before me.

I'm glad Schapelle finally gets to return home.

Heather will return home as well, in 2025 or thereabouts. In handcuffs.

Haha ... funny, Orange Tabby.

I just had another thought. From memory, Schapelle was granted parole because the Australian Govt was applying a lot of pressure on the Indonesian government to let Schapelle come home and serve out her sentence here. So, some kind of bargain was struck where they would parole Schapelle instead - which meant an increase of her sentence by one year, but it was spent on the outside while following parole conditions.

I doubt the US Govt will apply the same kind of pressure for Heather, the murderer. (Keeping in mind, Schapelle was convicted on marijuana charges, not murder or even narcotics.) They'll just wait and nab Heather as she arrives on US soil in 2025, if they have further charges to lay on her.

 

[Kamille]

Haha ... funny, Orange Tabby.

I just had another thought. From memory, Schapelle was granted parole because the Australian Govt was applying a lot of pressure on the Indonesian government to let Schapelle come home and serve out her sentence here. So, some kind of bargain was struck where they would parole Schapelle instead - which meant an increase of her sentence by one year, but it was spent on the outside while following parole conditions.

I doubt the US Govt will apply the same kind of pressure for Heather, the murderer. (Keeping in mind, Schapelle was convicted on marijuana charges, not murder or even narcotics.) They'll just wait and nab Heather as she arrives on US soil in 2025, if they have further charges to lay on her.

Yes, I actually thought that Indonesia decided they didn't want the bad rap they were getting regarding conditions in the prison and how high profile everything was about how much she was suffering there. I remember her being hospitalized for "mental distress"? I think that was not long before the parole agreement was hammered out wasn't it?

I guess HM would be the complete opposite of that. All of the press surrounding her stay indicates that's it's more like a one star Bali resort and she is having a great time. She's happier now and in a much better place than she's even been mentally according to her.

MOO

 

[Kamille]

SBM

1. Schapelle Corby hardly seems on point as I understand she wants to return to Australia. She is being compelled to complete her parole in Bali.

2. I believe both Schapelle and Heather will be deported. The former when her parole is up and The latter when her term is up.

3. Lack of extradition treaties notwithstanding, the US can exert all kinds of pressure on governments to assist with getting murderers back on US soil. I have no doubt Heather will be back in the US when her prison term has expired. It's not like she's a Bali hero or anything.

BBM

I will never underestimate the connections that HM has made since being arrested. She's a fearless manipulator and only cares about her own outcome. A dangerous combination IMO.

 

[SouthAussie]

Yes, I actually thought that Indonesia decided they didn't want the bad rap they were getting regarding conditions in the prison and how high profile everything was about how much she was suffering there. I remember her being hospitalized for "mental distress"? I think that was not long before the parole agreement was hammered out wasn't it?

I guess HM would be the complete opposite of that. All of the press surrounding her stay indicates that's it's more like a one star Bali resort and she is having a great time. She's happier now and in a much better place than she's even been mentally according to her.

MOO

Yes. Schapelle was having a mental breakdown in that hellhole, with no real assistance available, which was confirmed by Aussie officials. So they pulled out the resources and negotiated the parole deal for her, though they were very willing for her to come home and serve out her sentence here.
I remember reading somewhere that we even paid some very substantial (7-figure) 'legal fees' - or perhaps a 'donation' - to Indonesia during the negotiations. Though that was kept pretty quiet, as Indonesia would not have liked that to be heard.

As you say, it is party town in there for Heather. Lots of mood elevators, lots of attention, lots of external communications. (Poor Stella. What a start to life she is having, as compared to the start to life that Sheila gave to Heather. )
But I am not sure that Heather has access to enough 'donation' money to negotiate an early release on parole. She could not even access enough funds for an appeal to the length of her sentence.



From a paper written about our consular services:

“...high-profile cases like those of Tony Bullimore, Schapelle Corby and Britt Lapthorne force consular officials to devote a disproportionate amount of time and resources to defuse crises and satisfy the sometimes unrealistic demands of the public and the 24/7 news media agenda. "
https://flo.flinders.edu.au/pluginfile.php/1127295/mod_book/chapter/57807/DFAT.pdf

 

[Orange Tabby]

I will never underestimate the connections that HM has made since being arrested. She's a fearless manipulator and only cares about her own outcome. A dangerous combination IMO.

I know I'm in the minority here, but I think there are various things in play which have advantaged Heather: money, her baby, and her manipulative skills. The last I think is the least influential.

As to money, that situation is murky to me. She seems to still have some, but I don't believe she's getting it from the trust. That's why I wondered if Mr Ary had squirreled some of his fee away for her. I know you (Kamille) don't believe that.

I think Stella herself accounts for far more of Heather's benefits than manipulation. We will see if I am wrong after Stella has been released from her unfortunate term of confinement. If a year from now Heather still seems to be happy as a clam, that will weigh against my position.

I doubt that Heather has any contacts in Jakarta and if the FBI wants her, that's where they will lodge their request.

I think the FBI does want her, given all we know on how much time, effort and money they have spent on the investigation. I very much doubt they are satisfied with a ten year sentence for her crime, given that Bibbs could face just short of double that for doing far less.

We do agree, however, that Heather is a nasty bit of work who cares only for herself.

 

[Orange Tabby]

But I am not sure that Heather has access to enough 'donation' money to negotiate an early release on parole. She could not even access enough funds for an appeal to the length of her sentence.

SBM

I agree with you. I also don't think she'll have the money to buy a lifetime of freedom from American authorities. Time will tell.

 

[Orange Tabby]

Christy Gutowsky reports on today's events in Judge Sullivan's courtroom. Some excerpts:

A Cook County judge denied a woman's request Tuesday to become the legal guardian of her granddaughter, who on her 2nd birthday at the end of this week is expected to leave a Bali prison where her parents are serving terms for murder.

Judge Susan Kennedy Sullivan ruled her court does not have the authority to grant such a request concerning a child who is not in Illinois and without proof the parents had consented.

"I don't have the authority to completely ignore the superior rights of the parents," the judge said shortly before her ruling.

"I'm concerned about her well-being and I'm concerned her parents are not in a position to make any kind of decisions regarding her care," the grandmother told the judge.​

http://www.chicagotribune.com/news/ct-heather-mack-bali-guardianship-hearing-met-20170314-story.html

Edited to add: Goldberg says he will appeal.

 

[Orange Tabby]

There's a very brief video clip of attorney Goldberg speaking after Judge Sullivan's ruling on the Chicago Tribune website.

Goldberg maintains that the law says that if the parents cannot care for the child, then the grandmother (his client, Kia Walker) has standing.

http://www.chicagotribune.com/news/92798049-132.html

 

[Kakidoll]

I want Stella away from Bali as much as anyone, but i don't think Grandma is the right choice... she was not there for much, as far as I know, and didn't do a great job with her son.... I just wonder if she is in it for the WRONG reason also, like the trust fund.

 

[Orange Tabby]

I want Stella away from Bali as much as anyone, but i don't think Grandma is the right choice... she was not there for much, as far as I know, and didn't do a great job with her son.... I just wonder if she is in it for the WRONG reason also, like the trust fund.

I have big reservations about Kia as well, Kakidoll. Where was she when Stella lived in prison for nearly two years? It's true she said she wanted to take Stella to the US from the hospital when she was born, but she seems to have gone home and done nothing for 23 months.

Others have reported here how Kia claimed to have evidence that Heather wanted to sell the child and Kia never did anything about this. And said she'd rather write a book than simply make the evidence public. It would have certainly put money in Kia's pocket, but how would that have helped Stella?

Kia Walker raised a murderer and has a nephew who was part of the murder planning. That's the family she wants to raise Stella in?

Others here will have more background on this grandmother and may be able to offer insight into why she did nothing when the child was in most desperate need of getting out of that prison. Stella has survived Kerobokan, no thanks to Kia Walker.

It's terrible, absolutely tragic, that this innocent child will be dragged twice a week to Hotel K for visits with her disgusting parent(s). But in my view, Kia Walker is not a good solution to that problem.

Sadly, I believe there are no longer any good solutions.

 

[Orange Tabby]

More on today's hearing from WLS in Chicago. Excerpts:

Ruling against Walker, Sullivan also said the court does not have jurisdiction over a child born in another country. But Walker's attorney said Indonesian citizenship is not automatically given to a child born to non-Indonesian parents.

"We feel she is a U.S. citizen, she has a U.S. passport and she deserves to be brought back to the U.S.," said Goldberg.​

What an idiot. Just because Stella is American doesn't stop Indonesia from having jurisdiction. He knows this, but sputters nonsense anyway, just to see himself on television. Pathetic.

The number of truly yucky lawyers swarming around this case only goes up.

http://abc7chicago.com/news/grandmother-tries-again-for-custody-of-heather-macks-baby/1800711/

 

[FigTree]

Thanks Orange Tabby for the update.

from the link:

GRANDMOTHER TRIES AGAIN FOR CUSTODY OF HEATHER MACK'S BABY
http://abc7chicago.com/news/grandmother-tries-again-for-custody-of-heather-macks-baby/1800711/

Walker and her attorney, Michael Goldberg, have no idea where Stella will go after the toddler is released from her parent's custody in prison on Friday.
-----
In the meantime, Goldberg planned to file an expedited appeal to Tuesday's ruling, although he doubted he could get a hearing before Stella's second birthday.
-----


Well there's a couple of things from the details:
Stella has a US Passport, which means she has her US citizenship sorted out, so she can travel, and leave Indonesia.

I'm surprised that Kia Walker doesn't know anything about the child's destination after she leaves prison.
I'm not sure that's correct - TS would know where his daughter is being placed.
Maybe they are just not reporting it to the media.

2 days to go

 

[Kamille]

I guess that's it then. No one in the US is going to look into this situation and set any precedent regarding a 2 year old child who is at the mercy of her murdering parents. I have to assume that KW's attorney would have no problem getting approval from TS. What does he care, she'll be an adult by the time he gets out anyway and of course he wants the pawn with his family. So since they'll never get written approval from HM, once again she gets to call the shots regarding Stella. Not sure if TS knows this Australian couple but I do agree it's odd that he would not and that he wouldn't be able to tell KW who they are. She was hanging out in the Bali courtroom with the two Australian women who were helping them out during the trials. Maybe she should contact those women to see what they know about where Stella is going to be placed if her son can't tell her.

One question. Why does Indonesia have jurisdiction over a US citizen holding a US passport who is in their country but that they are not holding for any reason? I understand MG's position but he's got to do the work and present that position to the judge with some research. Just what is Stella's official status over in Bali right now. Does anyone in the US even know? Did MG even try to find out? Is she a US citizen holding a US passport with a permanent resident visa for Indonesia? Is that what Judge Sullivan means by them having jurisdiction? Not sure how a judge can just randomly say that she has no jurisdiction over a child born out of the country when that child cannot be given dual citizenship and is considered a citizen of the US only. Pretty sure that she wouldn't just randomly say that. So what gives Indonesia jurisdiction over Stella? Just the fact that they are holding her parents in prison? And they have decided that her "blood mother" should determine who Stella's guardian should be? If anything, I would think they should be deporting her after she is no longer able to live in the prison. Why wouldn't they do that? They'll be deporting her parents.

MOO

 

[Orange Tabby]

The Chicago Sun-Times has an article on the hearing. Excerpts:

Judge Susan Kennedy Sullivan ruled that without the consent of both parents, the court can’t grant guardianship of Estelle “Stella” Schaefer to her grandmother, Kia Walker, because it doesn’t have jurisdiction over a child born and raised behind bars in Indonesia, said Michael Goldberg, Walker’s attorney.

...After the judge’s denial on Tuesday, Walker filed an expedited appeal with the Illinois Appellate Court, but a decision won’t be reached by Stella’s birthday on Friday, Goldberg said.

“The child is an American citizen, born to American parents in Indonesia as tourists,” Goldberg said. “[Walker] feels that the child belongs in the United States with her and not in foster care. And she wishes the judge would’ve taken jurisdiction.”

The child was registered with the U.S. consulate in Indonesia when she was born, before her parents were convicted, and she has an American passport.​

BBM

http://chicago.suntimes.com/news/grandmother-denied-guardianship-of-heather-macks-baby/

So this article confirms:

--That Judge Sullivan has ruled on purely jurisdictional grounds.

--The appeal is an expedited one. (I believe that court will uphold Sullivan.)

--That Estelle (I did not remember that Stella was only a nickname) has been registered in Indonesia and has an American passport. Some people here wondered, having done some fine Websleuthing on required procedures, if these things had transpired.

 

[SouthAussie]

So now they will give Stella a permanent resident visa, and she will be able to stay there indefinitely, is my guess. She will fall under the laws of their land.

Truly, I think the only people who could help Stella now are members of the US Dept of State. And the matter should have been raised to them 2 years ago and been followed up endlessly. When Stella was faced with the prospect of 2 years in a drug-riddled prison. This is a political matter, not a court matter. As Stella's paternal grandmother, and with Stella's maternal grandmother having been murdered by Stella's mother, Kia/her lawyer should have taken the matter to her congress person, and pleaded for his/her help to escalate it up the chain. Made a big nationwide splash about it in the media. Kept it in the public face.

It is the politicians who work on assisting their foreign citizens, not the courts.

Once they got Stella back into the USA, then Kia could have applied for guardianship.

I am not sure that the Dept of State would even get involved once/if Stella has a comfortable, protected life outside the walls of Kerobokan.

.