How Tommy Schaefer Can Be Charged in the U.S.
The Fifth Amendment’s Double Jeopardy Clause, which prohibits Americans from being prosecuted twice for the same crime, doesn’t come into play in this case because Mack and Schaefer was previously convicted in Indonesia. "Double jeopardy applies if it's the same government that files the same charges against the same defendants," Richard Kling, a clinical professor of law at the Chicago-Kent College of Law at Illinois Tech and a practicing attorney, tells A&E Crime + Investigation.
Just because Schaefer texted Bibbs about the murder while in Indonesia didn’t mean they could avoid federal charges in the U.S. "Federal law can reach to actions or conduct or criminal wrongdoing that occurs overseas," Wayne Unger, a professor at Quinnipiac University School of Law, tells A&E Crime + Investigation.
Tommy Schaefer May Represent Himself
While every defendant has constitutional right to defend themselves, "pro se litigants are a nightmare for the judge and the prosecution," Kling says. "Trial judges know the case is going to go on appeal if the defendant loses, and so they want to make sure that a record is adequate for the appellate court to decide whether or not the guy had a fair trial."
Kling adds that Judge Kennelly, who oversaw Schaefer's arraignment and sentenced Mack in her federal case, "is one of the most experienced judges in the building, so he is ever vigilant in terms of how to protect the record."
After questioning from Kennelly, Schaefer admitted in court, "I'm not really sure how everything goes," per the Chicago Tribune. The judge encouraged Schaefer to accept legal guidance, and Schaefer agreed to let attorney Matthew Madden represent him that day.
If Schaefer doesn't continue with Madden or another lawyer, he's risking a negative outcome, Kling says, as he will likely not file pretrial motions or get discovery to prepare for trial.
Kling adds that a lack of legal knowledge doesn't mean Schaefer will get a pass for any mistakes: "The United States Supreme Court has said a defendant who represents [themself] is held to the same standard as an experienced criminal defense attorney. He's not going to be able to come in later and say, 'Well, I didn't know what I was doing because I'm not really a lawyer.'"
What's Next in Tommy Schaefer's Conspiracy Case
In regards to Schaefer’s conspiracy charge, Michael Benza, a professor at Case Western Reserve University’s School of Law, tells A&E Crime + Investigation, "You don't have to prove that they completed the crime, but you have to prove that there was an agreement among this group of people to commit the crime."
Unger specifies that while text messages can show that an agreement exists, an act demonstrating that the agreement was sincere is also necessary for a conviction. "Here, because the actual killing occurred, that in itself is the evidence of the sincerity of the agreement," he says.
In her own deal, Mack pleaded guilty to one count of conspiracy to kill a U.S. national in June 2023. She received a 26-year sentence in January 2024.
Unger notes that because the other members of the conspiracy opted for deals instead of going to trial, "the authenticity of those text messages has not been proven in court." If the text messages are authentic, he says that for Schaefer, "We can assume that they will be extremely damaging."
Kennelly scheduled Schaefer's trial for January 2027. Unger emphasizes that Schaefer has a constitutional right to a trial, and it's up to the prosecution to prove his guilt. But, he adds, "Based on my research into the case and the evidence that's available in the public domain, if I was his defense counsel, I would strongly encourage him to accept a plea deal. That's probably the best outcome he's going to get."