Judge grants preliminary injunction to use Bliefnick estate funds for property maintenance, children — but not for Tim Bliefnick’s defense
QUINCY — Adams County Circuit Judge Scott Larson ruled Tuesday in Adams County Circuit Court any available funds of the estate of Tim and the late Rebecca Bliefnick can be used to maintain the property they jointly owned and to care for their three children.
However, those funds cannot go toward the defense of Tim Biefnick, who is accused of first-degree murder in the death of his wife. The Bliefnicks’ divorce wasn’t finalized before Rebecca’s death.
Gerald Timmerwilke, attorney for Rebecca Bliefnick’s estate, was in court along with Rebecca’s mother, Bernadette Postle. At one point Tuesday morning, Timmerwilke, Drew Schnack and Larsen recessed into chambers for about 20 minutes. Postle and Tim Bliefnick were left in the courtroom, sitting about 10 feet apart at the same table. Postle mostly stared at the table. Tim Bliefnick stared straight ahead.
Drew Schnack, who represents Tim Bliefnick in the probate case, said Casey Schnack, who represents Tim Bliefnick in the murder case, will be asking Judge Robert Adrian for Adams County to pay any costs being incurred by the defense. Schnack added that if Tim Bliefnick is found not guilty, he would reimburse the county for those expenses.
Larson ruled Tim Bliefnick did not have access to the estate funds for his defense. Drew Schnack said Bliefnick had been borrowing money from family for expenses so far.
“The defense wants to hire private investigators to look into evidence that someone other than Tim committed this crime,” Drew Schnack said. “We’re issuing subpoenas and getting bills from the sheriff’s department … Every monkey wrench in the world is being thrown at this murder trial and Tim’s basically been left penniless in hopes of defending himself. He’s being denied his due process.”
Bliefnick appears before Adrian again in his murder case on Wednesday.
Timmerwilke said available funds in the estate would go toward maintaining the home at 2528 Kentucky Road, where Rebecca Bliefnick was killed. He said officials at Mercantile Bank had agreed to not seek further mortgage payments until July.
Payment for other bills such as utilities and insurance would be paid from about $14,000 in available funds from a pair of bank accounts. The grandparents of the three Bliefnick boys also would have access to the house, as well as a Honda Pilot to transport the boys when necessary.
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