FL FL - Isabella Hellmann, 41, catamaran off Cay Sal, FL Keys,14 May 2017 #2 *GUILTY*

[MsMarple]

I was really hoping he'd do a lot more time but given the physical evidence and a trial by jury - I understand why they are accepting the reduced guilty please.

Yeah, it seems so unfair - 7 to 8 years for what was probably premeditated murder but I have to give the prosecution credit for presenting a convincing argument for manslaughter. It was a tough case.

I hope Isabella's daughter will grow up knowing all of her family, wherever she ends up living. IMO Bennett's family owes it to her and to Isabella's family.

 

[msphilosopher]

This family would do anything for their blood. I believe this decision was made entirely for Emelia.

This outcome increases their chances of getting custody Emelia. The custody battle will be long and brutal.

It will be heart wrenching if they don’t succeed.

 

[JerseyGirl]

According to court documents, experienced sailor Bennett was awoken on May 15 2017 when he heard a loud noise while resting in their cabin.

He said he climbed to the exterior of the boat and observed that the sails and rigging were loose, the helm of the vessel was unmanned, and his wife - who had limited emergency sailing procedure knowledge - was not there.

Bennett said he could not recall whether he called out for his wife, he did not deploy flares to illuminate the area in order to look for Ms Hellmann or to signal his position in the open water.

The court heard Bennett - a dual British-Australian national - did not search for his wife with either the catamaran or the attached dinghy, nor did he immediately activate any emergency equipment or raise the alarm.

He later abandoned the 37ft vessel and boarded the life raft. Expert testimony found the vessel had been deliberately sunk by allowing water into the hull.

It was not until Bennett boarded the life raft that he called for help and reported his wife missing, approximately 45 minutes after he woke up in the cabin.

Newlywed pleads guilty in wife's disappearance on honeymoon cruise - Independent.ie

Briton admits killing his newlywed wife at sea

Man pleads guilty in wife's disappearance at sea | Daily Mail Online

 

[Sjm_qc]

“Family law attorney Joel Weissman in West Palm Beach said since the child has resided in the U.K. for more than 6 months it is likely that the court system there would determine where and with whom the child should live while her father serves his sentence.

‘Unless there’s some urgent situation, some urgency, where the child’s danger is apparent, the home state of that child being in the country of England, the United Kingdom, that’s the country, that’s the jurisdiction that will oversee the child’s best interest[/B],’ said Weissman.

He’s right. In fact it’s more than “likely”, I’d bet on it being a certainty.

This family would do anything for their blood. I believe this decision was made entirely for Emelia.

This outcome increases their chances of getting custody Emelia. The custody battle will be long and brutal.

It will be heart wrenching if they don’t succeed.

RBBM: I doubt it. It might help her maternal relatives gain some sort of access/visitation (to which he would have to agree).

Her father has (sole) parental rights (for the moment). He chose to put his daughter in the care of his relatives in the UK & had the right to do so.

Given that family courts - whether in the UK or the US, & other countries - decide on the basis of the “best interests of the child”; and that the child has been resident with current careers for over a year, I’m inclined to think a court would maintain the status quo. JMO.

 

[msphilosopher]

He’s right. In fact it’s more than “likely”, I’d bet on it being a certainty.




RBBM: I doubt it. It might help her maternal relatives gain some sort of access/visitation (to which he would have to agree).

Her father has (sole) parental rights (for the moment). He chose to put his daughter in the care of his relatives in the UK & had the right to do so.

Given that family courts - whether in the UK or the US, & other countries - decide on the basis of the “best interests of the child”; and that the child has been resident with current careers for over a year, I’m inclined to think a court would maintain the status quo. JMO.

I don't know anything about family law so you may be right... my post was merely my opinion and not meant to be stated as fact.

I really do personally believe this verdict increases their chances of getting custody. A GUILTY verdict of manslaughter in the death of her mother verses the other option of pursuing murder charges, getting a not guilty verdict and him walking off free with Emelia for the rest of his life.

Didn't say it would be easy, didn't say it would drastically increase their chances, but I do think this increases their chances compared to the counter outcome.

After LB finishes his sentence, I assume a judge will have to decide whether it's in Emelia's "best interest" to be in the care of her father who negligently caused her mother's death or in the hands of relatives (paternal/ maternal).

 

[Sjm_qc]

I don't know anything about family law so you may be right... my post was merely my opinion and not meant to be stated as fact.

I really do personally believe this verdict increases their chances of getting custody. A GUILTY verdict of manslaughter in the death of her mother verses the other option of pursuing murder charges, getting a not guilty verdict and him walking off free with Emelia for the rest of his life.

Didn't say it would be easy, didn't say it would drastically increase their chances, but I do think this increases their chances compared to the counter outcome.

After LB finishes his sentence, I assume a judge will have to decide whether it's in Emelia's "best interest" to be in the care of her father who negligently caused her mother's death or in the hands of relatives (paternal/ maternal).

I fully respect your opinion, and understood that it was opinion and not fact. I hope my post didn’t come across as disputing that.

IANAL, but I do know - through personal experience - a little about international family law & custody/grandparents rights/involvement etc.

My post was opinion too, as well as some musing “out loud” on what could or might happen.

I’d be very interested in a verified legal opinion on how some of the very valid points you raise might go; I have several putative scenarios playing in my head, all of which (based on my little bit of non-professional knowledge) seem to me would take a lot of time & financial resources to be decided.

On a different point, does anyone have any idea how much of his sentence (once the exact length of it is confirmed) he might serve? Would there be reductions for time already served, or “good behaviour” considerations?

 

[JerseyGirl]

Bennett, 41, pleaded guilty to involuntary manslaughter in the death of Hellman, a Cuban-born U.S. citizen. He will be sentenced on Jan. 10 to a term of eight years or less.

Coin thief pleads guilty to manslaughter in disappearance of wife at sea

 

[Frannie]

New photos show how a British sailor deliberately damaged his boat to drown his wife | Daily Mail Online

 

[JerseyGirl]

He will be sentenced in Miami on Jan. 29.

Husband made holes in yacht and murdered wife by sinking the vessel to inherit her estate

 

[JerseyGirl]

Hellmann’s text messages have revealed that she felt Bennett did not “respect her anymore” and that she “found an angry person” when she came home.

Court documents detail the text messages, which also read: “Sometimes I can be a pain in the and more but you need to change your attitude … you make me crazy shouting, yelling, swearing… YOU ARE PUSHING ME AWAY.”

Months before Hellmann’s disappearance, she wrote: “If you don’t like me or love me anymore let us fix this asap because is very pathetic the way you treated me all the time.”

Boat used by Brit sailor to ‘drown honeymoon wife’ laid bare in chilling underwater snaps

 

[JerseyGirl]

Members of Hellman’s family wrote the judge last week, saying seven to eight years is not enough and they would rather see the case go to trial.

Investigators also discovered that Bennett was smuggling rare coins during his rescue, worth nearly £30,000, which had been reported stolen from a former employer in St Maarten a year earlier.

Shocking pictures show damage done to yacht 'by sailor who drowned wife'

 

[Laughing]

8 years for premeditated murder???

 

[JerseyGirl]

still waiting on sentencing, but at least Isabella's family spoke up last month in court:

Some of Hellmann’s family members said in court Tuesday they felt Bennett was getting away with deliberately killing his wife.

“He’s not paying enough for what he did,” said one of her sisters, Dayana Hellmann Rodriguez. “I know he did something to my sister.”

In a brief statement, Bennett apologized for Hellman’s death and said is sole purpose now is playing a role in the life of their daughter, 2-year-old Emelia.

Sentencing Delayed For Delray Beach Man In Wife’s Disappearance At Sea

 

[inmyhumbleopinion]

still waiting on sentencing, but at least Isabella's family spoke up last month in court:

Some of Hellmann’s family members said in court Tuesday they felt Bennett was getting away with deliberately killing his wife.

“He’s not paying enough for what he did,” said one of her sisters, Dayana Hellmann Rodriguez. “I know he did something to my sister.”

In a brief statement, Bennett apologized for Hellman’s death and said is sole purpose now is playing a role in the life of their daughter, 2-year-old Emelia.

Sentencing Delayed For Delray Beach Man In Wife’s Disappearance At Sea

Also from the article:

“On Tuesday he was supposed to have a sentencing hearing but it was delayed due to a family dispute.

U.S. District Judge Federico Moreno said he needs more information about visitation rights and creation of a trust fund for the couple’s young child. Sentencing was reset for May 28. He faces a maximum eight-year prison sentence.“ (BBM)

 

[Legally Bland]

From Feb, Isabella's family were due to visit Emilia in Scotland in March.
_____________

But now, Mrs Hellman’s parents, Eduardo and Elizabeth Rodriguez, are to visit the Capital to see the couple’s daughter, Emelia, who lives with Bennett’s parents in Leith.

US District Judge Federico Moreno has postponed sentencing Bennett in Miami until May because he wants to see how the two families co-operate over access to the toddler.

Emelia was taken to the UK within days of the search for her mum being called off and the only contact she has had with Eduardo and Elizabeth has been through video calls.

The Rodriguez family lawyer, Mitchell Kitroser, told the Sunday Mail: “The person who has done nothing wrong here is Emelia. The judge deferred sentencing until the end of May because he wants to see some level of co-operation before then.”

“The family are hoping to get to Scotland in March. And they hope it will be the beginning of regular visits.”

Mr Kitroser added: “When Lewis was asked, he said in court he wanted Isabella”s family to have contact, so one of the reasons for the postponement is for that to happen.”

“Isabella’s family’s love for Emelia will outstrip the cost of having to travel Transatlantic.”

Parents of mother killed off Bahamas will travel to Edinburgh to see granddaughter

 

[JerseyGirl]

From March 2019:

Thomas and Sheila Bennett, the parents of Lewis Bennett, who are living in the United Kingdom with Bennett and Hellmann's soon-to-be 3-year-old daughter are asking a judge to determine the status of Hellmann's Delray Beach condo.

Bennett's parents are asking that any assets pertaining to Hellmann including the condo, her 2006 Mercedes-Benz, bank accounts amounting to almost $6,000 go to Emelia Bennett as the sole beneficiary.

Hellmann's family has not seen Emelia since Bennett took the child to the U.K. a few weeks after his wife disappeared. The federal judge also told Bennett he had to encourage his family to allow his wife's family visitation with his daughter.

Lewis Bennett's parents petition the court on Emelia's behalf

 

[dixiegirl1035]

From Feb, Isabella's family were due to visit Emilia in Scotland in March.
_____________

But now, Mrs Hellman’s parents, Eduardo and Elizabeth Rodriguez, are to visit the Capital to see the couple’s daughter, Emelia, who lives with Bennett’s parents in Leith.

US District Judge Federico Moreno has postponed sentencing Bennett in Miami until May because he wants to see how the two families co-operate over access to the toddler.

Emelia was taken to the UK within days of the search for her mum being called off and the only contact she has had with Eduardo and Elizabeth has been through video calls.

The Rodriguez family lawyer, Mitchell Kitroser, told the Sunday Mail: “The person who has done nothing wrong here is Emelia. The judge deferred sentencing until the end of May because he wants to see some level of co-operation before then.”

“The family are hoping to get to Scotland in March. And they hope it will be the beginning of regular visits.”

Mr Kitroser added: “When Lewis was asked, he said in court he wanted Isabella”s family to have contact, so one of the reasons for the postponement is for that to happen.”

“Isabella’s family’s love for Emelia will outstrip the cost of having to travel Transatlantic.”

Parents of mother killed off Bahamas will travel to Edinburgh to see granddaughter

Whoa, what a statement to be made from the bench!

 

[JerseyGirl]

A federal judge is expected to sentence Lewis Bennett for involuntary manslaughter later this month.

That judge told Bennett's attorneys, the U.S. Attorneys Office, and Isabella Hellmann's family he wanted Hellmann's estate to be passed on to her two-year-old daughter, Emelia, before he sentences Bennett. That estate transfer has not happened yet.

An attorney representing Bennett's parents, Thomas and Sheila Bennett, who have custody of Emelia in the United Kingdom, asked a Palm Beach County judge to grant a renewed petition to declare Hellmann dead. The Bennetts need to do this in order to pass on rights to Hellmann's condo to Emelia.

Federal court documents show that Hellmann's family has arranged to visit Emelia in the U.K. on June 6. The families are communicating regularly now and the court documents say "the Bennetts have agreed to facilitate at least two FaceTime calls per month."

Will husband's sentencing be delayed in mystery at sea case?

 

[Cagle]

A judge has declared a missing Florida newlywed dead, almost two years to the day she disappeared while honeymooning in the Bahamas with her husband.
https://nypost.com/2019/05/15/newlywed-who-vanished-at-sea-declared-dead-two-years-later/

 

[Sjm_qc]

I’m glad the families have worked out access, communication & visits with & for E.