Francis Carl Schenck
Appearances
The Binge Crimes: Finding Mom's Killer
Deadly Fortune | 7. Extended Family
My name is Francis Carl Schenck, and my last name is spelled S-C-H-E-N-C-K. She has 21 first cousins.
The Binge Crimes: Finding Mom's Killer
Deadly Fortune | 7. Extended Family
They grew up together. They were the best friends for years before they got out of high school, and then they kind of went separate ways. But up to then, they were together all the time. Their mothers were sisters.
The Binge Crimes: Finding Mom's Killer
Deadly Fortune | 7. Extended Family
It's my understanding that the money is still... sitting in the account of an appointed administrator, and it's not going to be distributed until the question of his entitlement to it has been resolved. I certainly don't think he's entitled to any of it, but there are factual and legal questions that need to be resolved before that money can be distributed.
The Binge Crimes: Finding Mom's Killer
Deadly Fortune | 7. Extended Family
As a moral issue, I certainly don't think he's entitled to a penny of it. What makes it so complicated is that he was found guilty of murder and they set that aside so everything went back to square one. And so the question that had been resolved by the finding that he was a murderer
The Binge Crimes: Finding Mom's Killer
Deadly Fortune | 7. Extended Family
being set aside and then entering into a settlement, a plea bargain agreement that meant that the state didn't have to retry the case, did not resolve the civil issues that are still pending. And that's the reason that the money shouldn't be distributed to anyone until the civil questions have been resolved.
The Binge Crimes: Finding Mom's Killer
Deadly Fortune | 7. Extended Family
Well, the godsons aren't entitled to it at all. They don't have a say. The only two options are Tex and the heirs, which are the first cousins in the case. Tex can only get it if he's not barred by the Slayer statute.
The Binge Crimes: Finding Mom's Killer
Deadly Fortune | 7. Extended Family
The parties that entered into the plea bargain agreement can't do an end run around the Slayer statute or try to avoid the Slayer statute simply by him making some kind of an agreement as to what he did or didn't do. They're trying to give the money to, they can't give it to the godsons.
The Binge Crimes: Finding Mom's Killer
Deadly Fortune | 7. Extended Family
If it's MacGyver's money, he can give it to the godsons, but in my mind, he doesn't have anything to give because he doesn't have any interest in the money, at least at this point. Until that fact question has been resolved as to whether the Slayer statute applies, he's not entitled to any of the money that's being held by the administrator of the estate.
The Binge Crimes: Finding Mom's Killer
Deadly Fortune | 7. Extended Family
I don't see how that could possibly be an oversight. It appears to me that they were trying to rush something through behind the scenes in order to make this whole thing go away and put the money in Tex MacGyver's pocket so that he could pay his attorneys. The DA wouldn't have to try the case. The administrator could get the money out of her escrow account and be done with the matter and
The Binge Crimes: Finding Mom's Killer
Deadly Fortune | 7. Extended Family
And then everybody would go home. But nobody said anything to the heirs about, what do you people think about this? I didn't even know. I mean, I knew that Tex was the executor and that he couldn't do anything because the court appointed an administrator because of the Slayer Statute.
The Binge Crimes: Finding Mom's Killer
Deadly Fortune | 7. Extended Family
his attorneys were trying to get him out of jail and decided to enter into the plea bargain agreement, that whole thing doesn't, in my mind, doesn't pass the smelt test. That whole plea bargain agreement and what they were trying to do there without some of the interested parties, I don't even know if Mary Margaret Oliver was involved in it.
The Binge Crimes: Finding Mom's Killer
Deadly Fortune | 7. Extended Family
And she's the one that was holding out of the money at the behest of the state.
The Binge Crimes: Finding Mom's Killer
Deadly Fortune | 7. Extended Family
Well, I want the matter to be resolved in accordance with the laws of the state of Georgia. Either Texas is entitled to it because they find that the Slayer statute doesn't apply, which reinstates him as the executor, which gives her at least the residual of the estate.
The Binge Crimes: Finding Mom's Killer
Deadly Fortune | 7. Extended Family
But a separate issue still remains in my mind as to who's entitled to the proceeds of the wrongful death action, because it involved the heirs suing him as the wrongdoer, as the cause of her death. And so to say that he can now step into the shoes of the heirs and take the money that they won because he killed her doesn't make sense to me.
The Binge Crimes: Finding Mom's Killer
Deadly Fortune | 7. Extended Family
I mean, as I told you, I don't see how anybody could conclude from everything that I know that he didn't pull the trigger on purpose.