Federal Judge Martin J. Kennelly ruled Aug. 27 that former Oak Parker Tommy Schaefer must remain in federal custody while awaiting trial on charges he conspired to murder an Oak Park woman in Bali 14 years ago.
Schaefer, 33, who has been held in the downtown Metropolitan Correctional Center (MCC) since February awaiting trial on a charge that he conspired to murder Sheila von Weise, had sought to be released on electronic monitoring into the custody of his mother, Kia Walker. He faces up to life in prison if convicted, due to the fact that von Weise Mack died as a result.
As Schaefer walked into the courtroom the afternoon of Aug. 27, accompanied by two U.S. Marshals, he smiled at his mother in the gallery, placed his hands together in a prayer gesture and blew her a kiss.
In arguing Schaefer was not a flight risk defense attorney Michael Baker said he “is not charged with a completed act of violence,” or any crime serious enough to preclude his release on bond and electronic monitoring. Schaefer, he said, needs medical attention for serious medical issues stemming from illnesses he contracted in Indonesia, including Covid.
Schaefer, Baker said, has been detained in the MCC “in extremely difficult conditions” and “the conditions of Mr. Schaefer’s pretrial detention are not adequate to properly monitor, manage, or treat his (medical) condition.”
Schaefer’s diminished health and the fact he has no passport makes flight from prosecution unlikely, Baker said.
In his oral arguments, Baker said Schaefer had returned to the U.S. “voluntarily” after being deported from Indonesia. Baker also referred to Schaefer’s killing of von Weise, which Schaefer had admitted to at trial in Indonesia, as “a 12-year-old alleged offense.”
Prosecutor Anne Marie E. Ursini rebutted those contentions one by one.
“He committed murder for money,” Ursini told the court. “He crossed the world to brutally kill another human being because he hoped it would bring him financial rewards.”
Ursini argued that “the evidence of Schaefer’s direct involvement in von Weise Mack’s brutal death was overwhelming.” In addition to numerous texts and other social media posts by Schaefer, she said, there were “admissions made by (Schaefer) to Indonesian authorities implicating himself in the murder.”
Ursini also refuted Schaefer’s contention that he can’t get needed treatment in the MCC, arguing that his motion “does not state which, if any, treatments or examinations are indicated by his condition(s) that he is unable to receive at the MCC.”
Schaefer, she argued, “points to tests conducted for which he is awaiting results. Without further support or explanation, defendant’s arguments are insufficient for the court to consider…”
Ursini said Schaefer’s prior behavior showed that he could not be trusted, including the fact that the murder in Bali “took place while defendant was on recognizance bond for a misdemeanor disorderly conduct offense in Chicago.”
Kennelly said that, while the specifics of the crime, including the level of brutality, were not to be given the greatest weight in his detention decision “That doesn’t mean it’s not a factor.”
“The level of brutality in this crime is quite significant. Let’s leave it at that,” the judge said.
Just before making his ruling, Kennelly also made note of the government’s disclosure that Schaefer had been out on bond for a misdemeanor charge just days before he travelled to Bali in 2014. Alluding to the defense’s contention that it was unlikely Schaefer would flee prosecution or was a danger to the community, Kennelly said “I suspect if we’d had this conversation three weeks before (the Bali killing) we’d have said the same thing. And yet here we are.”
Kennelly had asked Baker for further detail on Schaefer’s Aug. 5, 2014 disorderly conduct arrest. But when Baker conferred with Schaefer for a minute or two, they opted not to offer any elaboration.
Kennelly said he found that Schaefer had not rebutted the presumption he was a flight risk or a danger to the community and denied his motion for bond.
“I continue to be willing to assist in any way I can,” Kennelly said of Schaefer’s medical needs.
At Baker’s request, Kennelly moved Schaefer’s trial date back two months, from Jan. 11 to March 15. He said the trial is expected to take “more than a week and less than two weeks.”