GUILTY Bali - Sheila von Wiese Mack, 62, found dead in suitcase, 12 Aug 2014 #4

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Judge's ruling on use of trust fund for Heather's lawyer

This just in! From ABC7 in Chicago:

Heather Mack, 19, accused of murdering her mother in Indonesia, has the right to use her trust fund money to obtain counsel of her own choice, according to Judge Neil H. Cohen of the Cook County Circuit Court in Chicago.

Judge Cohen said Mack has a right to choose her own counsel as "a bedrock value of the U.S. justice system." He also expressed concern that Mack's proposed Indonesian attorney is looking at her trust fund as a "goose that laid the golden egg." Cohen expressed concern that the trust money may be used for bribes.

With the trial set to resume next week in Indonesia, Judge Cohen says time is short to come to an agreement on whom the overseas counsel should be.​

http://abc7chicago.com/news/heather-mack-wants-trust-fund-money-to-pay-for-defense/477519/
 
Orange Tabby said:
Judge's ruling on use of trust fund for Heather's lawyer

This just in! From WLS in Chicago:

Heather Mack, 19, accused of murdering her mother in Indonesia, has the right to use her trust fund money to obtain counsel of her own choice, according to Judge Neil H. Cohen of the Cook County Circuit Court in Chicago.

Judge Cohen said Mack has a right to choose her own counsel as "a bedrock value of the U.S. justice system." He also expressed concern that Mack's proposed Indonesian attorney is looking at her trust fund as a "goose that laid the golden egg." Cohen expressed concern that the trust money may be used for bribes.

With the trial set to resume next week in Indonesia, Judge Cohen says time is short to come to an agreement on whom the overseas counsel should be.​

http://abc7chicago.com/news/heather-mack-wants-trust-fund-money-to-pay-for-defense/477519/
Click to expand...

Thud:(

ciao
 
More on the Judge’s Ruling

The Chicago Tribune reports that Cook County judge Neil Cohen has ruled that Heather is entitled to use her trust fund to pay for a legal defense.

However, the Tribune also reports:

But Judge Neil Cohen said he will not allow Heather Mack to use her slain mother's $1.56 million estate "as the goose that laid the golden egg."

Attorneys are expected to return to his courtroom next week to discuss terms, such as how much money will be disbursed and to whom.

He said Mack, 19, is presumed innocent and entitled to an attorney.

"But it's going to be for someone who's not slipshod, fly-by-night and who is going to take the money and run," Cohen said.
At issue is finding a reputable criminal defense lawyer for Mack. All sides have questioned the reliability of her current Indonesian attorney, who Mack found through word of mouth while detained after being told the lawyer represents several international drug smugglers, according to courtroom testimony.

Cohen said he plans to appoint a retired Cook County judge to serve as interim trustee of the estate.​

http://my.chicagotribune.com/#section/-1/article/p2p-82554099/
 
(sigh)

Well, we can only hope that either 1) she doesn't get quite the deal she expects - maybe the judges don't like the bribe publicity, so they'll decide to send her down for a few months on the 'hiding a criminal' charge or 2) the minute she gets back to the US, she gets arrested on 'murder-for-hire' charges.

For a clumsy slow starter, Elkin got up to speed very fast - sounds like he's tapped into a well-known, high-powered crooked lawyer. He's always been cagey about how he met HM: I wonder if she contacted him to try to get control of 'her' $$ before the Bali trip. Perhaps she did and he advised her that suing her mother and getting hold of the $ might be expensive and time-consuming. As her attorney, perhaps he had a clearer understanding than we've had her about just how much $$ HM could potentially gain.
 
The above-linked Chicago Tribune article has a few interesting, but more minor points:

According to courtroom testimony, Schaefer's mother is in Bali, and lawyers questioned whether she improperly spent money donated to her son's defense to get there.

That prompted Cohen to lament that the case is an international spectacle.

"This is getting to be like a script from a grade-B film noir novel," the judge said.​
 
Still more on the Judge’s Ruling

From the Chicago Sun-Times:

Cook County Judge Neil Cohen said Mack should get access to the money but believes the attorney she has hired in Bali is not trustworthy and that she needs to find a better one before the money is disbursed.

Cohen said time is of the essence since Mack’s trial is set to start up again next week and that he would make himself available over the weekend if necessary. …

Cohen also appointed an interim trustee since Mack’s uncle could receive proceeds from the trust if Mack is found guilty of her mother’s murder and executed and her baby does not survive.​

http://chicago.suntimes.com/news-ch...-area-woman-right-trust-fund-criminal-defense
 
Orange Tabby said:
Still more on the Judge’s Ruling

From the Chicago Sun-Times:

Cook County Judge Neil Cohen said Mack should get access to the money but believes the attorney she has hired in Bali is not trustworthy and that she needs to find a better one before the money is disbursed.

Cohen said time is of the essence since Mack’s trial is set to start up again next week and that he would make himself available over the weekend if necessary. …

Cohen also appointed an interim trustee since Mack’s uncle could receive proceeds from the trust if Mack is found guilty of her mother’s murder and executed and her baby does not survive.​

http://chicago.suntimes.com/news-ch...-area-woman-right-trust-fund-criminal-defense
Click to expand...

Actually, it appears that her current attorney is trustworthy - he just can't be trusted to respect the law. He seems to have an established record of taking the $ and obtaining inexplicably mild sentences for his clients.

The bad news is, unlike a low-level shyster, he wants to continue doing this on a big scale. One failure to deliver would be fatal to his dirty game.

Question for the legal minds here: could SWM's brother possibly file a civil suit against HM even if she gets off in Bali? I'm thinking of OJ Simpson - he got off in the criminal trial, but he went down in the civil court.
 
Well, at least the judge appointed another retired judge as interim trustee. And it sounds like everyone is keeping an eye on things.

In the end, all of Shelia' s money is probably going to lawyers. And that is sad.
 
Judge’s Ruling – another account

NBC Chicago’s account of the hearing has slightly different details:

A Cook County judge on Friday approved an emergency motion filed on behalf of a teen accused of killing her mother in Bali and stuffing the body in a suitcase, tentatively allowing the release of up to $150,000 from the mother's estate to help pay for the teen's defense.

Judge Neil Cohen put stipulations on his ruling, however, mandating that Heather Mack have a dedicated Indonesian-based attorney to represent her during trial. Concerns have been expressed that the Bali lawyer that Mack has considered hiring has been known to represent drug smugglers.

"Funds can be used for hiring competent counsel," said Cohen. "We need someone who's for Heather and only Heather."

Mack stated that If "convicted of the murder of my mother in Indonesia, it is probable I will receive the death penalty by firing squad." She also said that that if she and her unborn child dies, her uncle stands to inherit the funds of the Trust.​

See: http://www.nbcchicago.com/news/local/bali-suitcase-murder-288831531.html#ixzz3P1GZeUFp
 
It was a cheap shot bringing up that her uncle would inherit the funds if she and the baby die. He didn't design that for that purpose. Sheila obviously trusted him.
 
Hiandmighty said:
It was a cheap shot bringing up that her uncle would inherit the funds if she and the baby die. He didn't design that for that purpose. Sheila obviously trusted him.
Click to expand...
Better the money go to him than to Sheila's murderer!
 
Thanks you guys for keeping us up to date!! Orange Tabby, also thanks so much for your work...it gives us lots to speculate on! Again, I have not had time to read everything, just a brief skimming and am looking forward to doing so this weekend. I wondered tho if there wouldn't be a distinction b/t the funds left in trust by SWM in her will which is of course the "estate" which btw I don't think she'll get her mitts on, and the "trust" established by SWM for Heather that I assumed came from the wrongful death proceeds that the judge ultimately gave SWM control over or as Kamille put it "via James Mack". I know somewhere I read that one had been established after the judges ruling of her as sole beneficiary...I just cannot recall where.

Ajaylee, yes, SWM's brother can most certainly file suit and I'd be surprised if he doesn't especially now since we see Heather has thrown down the gauntlet as it were.
 
Judge’s Ruling – The Account by Reuters

Some details from the Reuters report of today’s hearing:

A U.S. judge on Friday ruled that a Chicago woman who is being tried in Indonesia for the murder of her mother on the resort island of Bali should be allowed access to a trust in her alleged victim's name to pay legal bills.

Cook County Circuit Court Judge Neil Cohen in Chicago ruled after a hearing on Friday that Mack is entitled to trust fund money and he called for another hearing next week to discuss the amount and conditions, said Blanca Jara, spokeswoman for the court.

Wiese has an "affirmative duty" to act for her benefit, Scifo said before the hearing. "He has not provided her with one cent," he said.

Cohen said he wants to make sure that Mack's lawyer in Indonesia is qualified and also said he would appoint a retired judge as temporary trustee to oversee payments from von Wiese-Mack's assets, Jara said.​

http://news.yahoo.com/u-woman-accused-killing-mother-bali-seeks-funds-171202176.html
 
Hiandmighty said:
It was a cheap shot bringing up that her uncle would inherit the funds if she and the baby die. He didn't design that for that purpose. Sheila obviously trusted him.
Click to expand...

Lol, there are no cheap shots in lawyering :shame: when it comes to pleading your motions however distasteful the facts may appear and the truth is Uncle may very well take all. I highly doubt Indonesia has any intention of executing Heather while she is pregnant and her lawyer knows that too but it's what he had to work with, so he did.


Orange Tabby said:
Judge’s Ruling – The Account by Reuters

Some details from the Reuters report of today’s hearing:

A U.S. judge on Friday ruled that a Chicago woman who is being tried in Indonesia for the murder of her mother on the resort island of Bali should be allowed access to a trust in her alleged victim's name to pay legal bills.

Cook County Circuit Court Judge Neil Cohen in Chicago ruled after a hearing on Friday that Mack is entitled to trust fund money and he called for another hearing next week to discuss the amount and conditions, said Blanca Jara, spokeswoman for the court.

Wiese has an "affirmative duty" to act for her benefit, Scifo said before the hearing. "He has not provided her with one cent," he said.

Cohen said he wants to make sure that Mack's lawyer in Indonesia is qualified and also said he would appoint a retired judge as temporary trustee to oversee payments from von Wiese-Mack's assets, Jara said.​

http://news.yahoo.com/u-woman-accused-killing-mother-bali-seeks-funds-171202176.html
Click to expand...

Interesting choice of words by the judge, the hearing next week is going to be good I'll wager!
 
Judge’s Ruling – The ABA Journal

Even the ABA Journal is covering the ruling, although it seems to have cobbled together a story which credits all its facts to other news sources. The lede and second graf:

A 19-year-old Chicago woman on trial in Bali for the slaying of her mother at a resort hotel has won an emergency motion filed Thursday in Illinois state court seeking to get money for her defense from her mom’s $1.56 million estate.

In a Friday hearing, Cook County Chancery Court Judge Neil Cohen said he would release the $150,000 sought by Heather Mack under conditions that are still being developed…​

http://www.abajournal.com/news/arti...chicago_moms_murder_sues_attorney_uncle_for_e
 
Oh no, here we go. I had no idea the extent of the bribes and what they can do until SouthAussie shared some interesting stories. Kamille saw it coming. And thanks to Orange Tabby for keeping us informed about today's ruling. Now, to find out HM can get some money is a real disappointment.
Good thing there's lots of eyes on what's going on with the money.

It's going to get interesting. Going to be reading here, learning a lot, and practicing my breathing exercises.
 
gracehatter said:
Lol, there are no cheap shots in lawyering :shame: when it comes to pleading your motions however distasteful the facts may appear and the truth is Uncle may very well take all. ...
Click to expand...

SBM

I agree with gracehatter. Lawyers are expected to represent their clients zealously and it seems unquestionably true that should Heather be found guilty and her child does not survive, then William Wiese is next in line to benefit from Sheila’s trust. But I also agree with the underlying point of Highandmighty’s comment: the moral stench emanating from Heather’s defenders is overwhelming.

Given that Judge Cohen has ruled that Heather will get at least some money for some lawyer, it may well be helpful to justice that there is an interim trustee who is a retired Cook County judge. William Wiese can continue as a party in the proceedings and argue (through his lawyers) as vigorously as he sees fit and as someone else will make the disbursement decisions, those decisions will not be subject to conflict of interest claims, even if the trustee is, as I’m sure we all hope, from the Scrooge School of Tightfistedness. The good thing about a retired Cook County judge is that he or she will have seen a lot of crap during the course of his/her career and should not be easily fooled.
 
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